[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Proposed Rules]
[Pages 72200-72202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27619]



40 CFR Parts 174 and 180

[EPA-HQ-OPP-2021-0088; FRL-8792-06-OCSPP]

Receipt of Pesticide Petitions Filed for Residues of Pesticide 
Chemicals in or on Various Commodities (December 2021)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notices of filing of petitions and request for comment.


SUMMARY: This document announces the Agency's receipt of initial 
filings of pesticide petitions requesting the establishment or 
modification of regulations for residues of pesticide chemicals in or 
on various commodities.

DATES: Comments must be received on or before January 20, 2022.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition (PP)

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of interest as shown in the body of this document, online at http://www.regulations.gov. Follow the online instructions for submitting 
comments. Do not submit electronically any information you consider to 
be Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Additional instructions on 
commenting or visiting the docket, along with more information about 
dockets generally, is available at http://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the EPA/DC 
and Reading Room is closed to visitors with limited exceptions. The 
staff continues to provide remote customer service via email, phone, 
and webform. For the latest status information on the EPA/DC and docket 
access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration 
Division (7505P), main telephone number: (703) 305-7090, email address: 
[email protected]; or Charles Smith, Biopesticides and Pollution 
Prevention Division (7511P), main telephone number: (703) 305-7090, 
email address: [email protected]. The mailing address for each 
contact person is: Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001. As part of the mailing address, include the contact person's 
name, division, and mail code. The division to contact is listed at the 
end of each pesticide petition summary.


I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low-income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the pesticides 
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    EPA is announcing receipt of pesticide petitions filed under 
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
U.S.C. 346a, requesting the establishment or modification of 
regulations in 40 CFR part 174 or part 180 for residues of pesticide 
chemicals in or on various food commodities. The Agency is taking 
public comment on the requests before responding to the petitioners. 
EPA is not proposing any particular action at this time. EPA has 
determined that the pesticide petitions described in this document 
contain data or information prescribed in FFDCA section 408(d)(2), 21 
U.S.C. 346a(d)(2); however, EPA has not fully evaluated the sufficiency 
of the submitted data at this time or whether the data supports 
granting of the pesticide petitions. After considering the public 
comments, EPA intends to evaluate whether and what action may be 
warranted. Additional data may be needed before EPA can make a final 
determination on these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), summaries of the petitions that are 
the subject of this document, prepared by the petitioners, are included 
in dockets EPA has created for these rulemakings. The dockets for these 
petitions are available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA 
is publishing notice of the petitions so that the public has an 
opportunity to comment on these requests for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petitions may be obtained 
through the petition summaries referenced in this unit.

A. Notice of Filing--Amended Tolerances for Non-Inerts

    PP 1F8921. (EPA-HQ-OPP-2021-0650). Spring Regulatory Sciences on 
behalf of Bedoukian Research, Inc., 21 Finance Drive, Danbury, CT 
06810-4192, requests to amend an exemption from the requirement of a 
tolerance in 40 CFR 180.1124 for residues arthropod pheromones, used as 
insect attractants and/or repellents in or on all food commodities, 
when not applied at greater than 150 grams of active ingredient per 
acre per year. The petitioner believes no analytical method is needed 
because EPA has previously determined that an exemption was appropriate 
for these compounds based upon generally low toxicity, high volatility, 
the low environmental and human exposure expected from pheromones when 
used in retrievably sized polymeric matrix dispensers, and the low 
application rates and limits on acreage. Contact: BPPD.

B. New Tolerance Exemptions for Inerts (Except PIPS)

    PP IN-11646. (EPA-HQ-OPP-2021-0840). Spring Regulatory Sciences 
(6620 Cypresswood Dr, Suite 250, Spring, TX 77379), on behalf of Stepan 
Company (22 W Frontage Rd., Northfield, IL 60093), requests to 
establish an exemption from the requirement of a tolerance for Oxirane, 
2-(phenoxymethyl)-, polymer with oxirane, ether with 2,2',2''-
nitrilotris[ethanol] (3:1), diblock (CAS RN 2307555-89-9), with a 
minimum number average molecular weight of 5,300 daltons, when used as 
an inert ingredient (dispersing agent) in pesticide formulations under 
40 CFR 180.960. The petitioner believes no analytical method is needed 
because it is not required for an exemption from

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the requirement of a tolerance. Contact: RD.

C. New Tolerance Exemptions for Non-Inerts (Except PIPS)

    1. PP 0F8867. (EPA-HQ-OPP-2020-0700). Agrauxine Corp., 375 
Bonnewitz Avenue, Van Wert, OH 45891, requests to establish an 
exemption from the requirement of a tolerance in 40 CFR part 180 for 
residues of the fungicide and nematicide, Trichoderma atroviride strain 
K5 NRRL B-50520 in or on food commodities. The petitioner believes no 
analytical method is needed because, if Trichoderma atroviride strain 
K5 NRRL B-50520 is used as proposed, no residues of toxicological 
concern would result. Contact: BPPD.
    2. PP 1F8920. (EPA-HQ-OPP-2021-0675). Biotalys NV, Buchtenstraat 
11, 9051 Sint-Denijs-Westrem, Belgium, requests to establish a 
temporary exemption from the requirement of a tolerance in 40 CFR part 
180 for residues of the fungicide ASFBIOF01-02 in or on grape and 
strawberry. The petitioner believes no analytical method is needed 
because the mammalian toxicity studies are sufficient to support the 
conclusion that there are no foreseeable human or domestic health 
hazards likely to arise from the use of ASFBIOF01-02 in food crop 
commodities; therefore, the requirement to provide practical methods 
for removing residues from these agricultural commodities or processed 
foods is not applicable. Contact: BPPD.

D. New Tolerances for Non-Inerts

    PP 0E8891. (EPA-HQ-OPP-2021-0520). Bayer CropScience LP, 800 N 
Lindbergh Blvd., St. Louis, MO 263167 requests to establish a tolerance 
in 40 CFR part 180.589 for residues of the fungicide propamocarb 
hydrochloride in or on onion, bulb, crop subgroup 3-07A at 2 parts per 
million (ppm), leek at 30 ppm, and kale at 20 ppm. Analytical methods 
gas/liquid chromatography and N-FID or MSD are used to measure and 
evaluate the chemical propamocarb hydrochloride. This supersedes the 
paragraph published in the Federal Register on September 22, 2021 (86 
FR 52624 FRL-8792-03-OCSPP). Contact: RD.

    Authority: 21 U.S.C. 346a.

    Dated: December 13, 2021.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2021-27619 Filed 12-20-21; 8:45 am]