[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Proposed Rules]
[Pages 16133-16135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06046]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 174 and 180
[EPA-HQ-OPP-2022-0161; FRL-9410-11-OCSPP]
Receipt of Pesticide Petitions Filed for Residues of Pesticide
Chemicals in or on Various Commodities--February 2022
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notifictions of filing of petitions and request for comment.
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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 April 21, 2022.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition (PP) of interest as shown in the
body of this document, through the Federal eRulemaking Portal at
https://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 https://www.epa.gov/dockets.
Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is open to visitors by
appointment only. For the latest status information on EPA/DC services
and access, visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Charles Smith, Biopesticides and
Pollution Prevention Division (BPPD) (7511P), main telephone number:
(202) 566-2427, email address: [email protected]; or Marietta
Echeverria, Registration Division (RD) (7505P), main telephone number:
(703) 305-7090, email address: [email protected]. The mailing address
for each contact person: 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 application summary.
SUPPLEMENTARY INFORMATION:
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 https://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 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 https://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
[[Page 16134]]
information on the petitions may be obtained through the petition
summaries referenced in this unit.
A. Amended Tolerance Exemptions for Inerts (Except PIPS)
PP IN-11661. (EPA-HQ-OPP-2022-0189). The United States Department
of Agriculture, Animal and Plant Health Inspection Service (4700 River
Road, Unit 149, Riverdale, MD 20737), requests to amend 40 CFR part
180.930 to add iron oxide (Fe3O4) (CAS No. 1317-
61-9) as an inert ingredient (colorant) in pesticide formulations at no
more than 2,000 parts per million (ppm) (0.2% by weight) in the final
formulation when applied to animals. No analytical method is needed
because it is not required for an exemption from the requirement of a
tolerance. Contact: RD.
B. Amended Tolerances for Non-Inerts
1. PP 1F8929. (EPA-HQ-OPP-2021-0555). Gowan Company, LLC 370 S Main
St., Yuma, AZ 85366, requests to amend the tolerance(s) in 40 CFR
180.416 for residues of the herbicide ethalfluralin in or on 3-07A.
Onion, bulb subgroup at 0.01 ppm. The capillary gas chromatography with
mass selective detection (GC/MSD) is used to measure and evaluate the
chemical ethalfluralin. Contact: RD.
2. PP 1F8940. (EPA-HQ-OPP-2021-0787). SePRO Corporation, 11550
North Meridian Street, Suite 600, Carmel, IN 46032, requests to amend
the tolerances in 40 CFR 180.420(d) by removing the existing tolerances
for indirect or inadvertent residues of the herbicide fluridone,
including its metabolites and degradates, in or on berry, group 13;
fruit, citrus, group 10; fruit, pome, group 11; hop, dried cones; and
nut, tree, group 14 at 0.1 ppm and animal feed, nongrass, group 18 and
grass, forage at 0.15 ppm. Contact: RD.
C. New Tolerance Exemptions for Inerts (Except PIPS)
1. PP IN-11599. (EPA-HQ-OPP-2021-0645). Valent BioSciences LLC
(1910 Innovation Way, Suite 100, Libertyville, Il. 60048) requests to
establish an exemption from the requirement of a tolerance for residues
of arbuscular mychorrhizae (funnelformis mosseae, rhizophagus
irregularis, rhizophagus etunicatum, claroideoglomus clarus,
claroideoglomus luteum, claroideoglomus claroideum, septoglomus
deserticola, gigaspora margarita, paraglomus brasiliensis) for use as
an inert ingredient (biostimulant) in pesticide formulations applied to
growing crops pre-harvest under 40 CFR 180.920. The petitioner believes
no analytical method is needed because it is not required for an
exemption from the requirement of a tolerance. Contact: RD.
2. PP IN-11669. (EPA-HQ-OPP-2022-0188). Spring Regulatory Sciences
(6620 Cypresswood Dr., Suite 250, Spring, TX 77379), on behalf Nouryon
Chemicals LLC USA (131 S Dearborn, Suite 1000, Chicago, IL 60603-5566),
requests to establish an exemption from the requirement of a tolerance
for cellulose, ethyl 2-hydroxyethyl ether (CAS Number: 9004-58-4), with
a minimum number average molecular weight of 165,000 daltons, when used
as a pesticide inert ingredient (thickener carrier) 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 the requirement of a tolerance. Contact: RD
D. New Tolerance Exemptions for Non-Inerts (Except PIPS)
PP IF8923. (EPA-HQ-OPP-2021 -0781). Vestaron Corporation 600 Park
Offices, Suite 117, Research Triangle, NC 27709, requests to establish
an exemption from the requirement of a tolerance in 40 CFR part 180 for
residues of the insecticide U1-AGTX-Ta1b-QA in or on all food
commodities. The petitioner believes no analytical method is needed
because an exemption from tolerance without numerical limitations is
requested and analytical methods that are normally utilized for
detection of compounds in crop plants are incapable of quantifying the
negligible levels of U1-AGTX-Ta1b-QA that are predicted to be present
in raw or processed agricultural commodities. Contact: BPPD.
E. New Tolerance Exemptions for PIPS
PP 1E8948. (EPA-HQ-OPP-2022-0205). State University of New York
(SUNY) College of Environmental Science and Forestry, 1 Forestry Dr.,
Syracuse, NY 13210, requests to establish an exemption from the
requirement of a tolerance in 40 CFR part 174 for residues of the
plant-incorporated protectant (PIP) oxalate oxidase enzyme and the
genetic material necessary for its production in or on American
Chestnut (Castanea spp. and their hybrids). The petitioner believes no
analytical method is needed because an analytical method for residues
is not applicable as an exemption from the requirement of a tolerance
is proposed. Contact: BPPD.
F. New Tolerances for Non-Inerts
1. PP 1F8934. (EPA-HQ-OPP-2021-0641). Syngenta Crop Protection,
LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC 27419-8300,
requests to establish a tolerance in 40 CFR part 180 for residues of
the insecticide isocycloseram in or on almond, hulls at 6 ppm; almond,
oil at 1 ppm; almond, roasted at 0.5 ppm; apple, wet pomace at 1 ppm;
barley, grain at 0.01 ppm; barley, hay at 0.01 ppm; barley, straw at
0.01 ppm; buckwheat, grain at 0.01 ppm; buckwheat, forage at 0.01 ppm;
buckwheat, hay at 0.01 ppm; buckwheat, straw at 0.01 ppm; corn, field,
grain at 0.01 ppm; corn, field, forage at 2 ppm; corn, field, stover at
1.5 ppm; corn, pop, grain at 0.01 ppm; corn, pop, stover at 1.5 ppm;
cotton, gin byproducts at 10 ppm; cottonseed, subgroup 20C at 0.5 ppm;
fruit, citrus, group 10-10 at 0.4 ppm; fruit, pome, group 11-10 at 0.4
ppm; fruit, stone, group 12-12 at 1 ppm; grain, cereal, forage, fodder
and straw, group 16 at 0.01 ppm; nut, tree, group 14-12 at 0.15 ppm;
oat, grain at 0.01 ppm; oat, forage at 0.01 ppm; oat, hay at 0.01 ppm;
oat, straw at 0.01 ppm; onion, bulb, subgroup 3-07A at 0.01 ppm; onion,
green, subgroup 3-07B at 0.9 ppm; orange, citrus oil at 190 ppm;
orange, dried pulp at 9 ppm; orange, peel at 5 ppm; orange, wet pulp at
3 ppm; peas and bean, dried shelled, except soybean, subgroup 6C at
0.01 ppm; peanut, nutmeat at 0.01 ppm; pearl millet, grain at 0.01 ppm;
pearl millet, forage at 0.01 ppm; pearl millet, hay at 0.01 ppm; pearl
millet, straw at 0.01 ppm; peas, hay at 0.01 ppm; peas, vine at 0.01
ppm; plum, prunes at 4 ppm; proso millet, grain at 0.01 ppm; proso
millet, forage at 0.01 ppm; proso millet, hay at 0.01 ppm; proso
millet, straw at 0.01 ppm; rapeseed, subgroup 20A at 0.01 ppm; rye,
grain at 0.01 ppm; rye, forage at 0.01 ppm; rye, hay at 0.01 ppm; rye,
straw at 0.01 ppm; soybean, seed at 0.15 ppm; soybean, hulls at 0.5
ppm; teosinte, grain at 0.01 ppm; teosinte, forage at 0.01 ppm;
teosinte, hay at 0.01 ppm; teosinte, straw at 0.01 ppm; tomato, dried
pomace at 35 ppm; tomato, sun-dried at 3 ppm; tomato, wet pomace at 10
ppm; triticale, grain at 0.01 ppm; triticale, forage at 0.01 ppm;
triticale, straw at 0.01 ppm; vegetables, brassica, head and stem,
group 5-16 at 4 ppm; vegetables, cucurbit, group 9 at 0.1 ppm;
vegetables, fruiting, subgroup 8-10A at 0.5 ppm; vegetables, fruiting,
subgroup 8-10B at 0.6 ppm; vegetables, leafy, group 4-16 at 9 ppm;
vegetables, tuberous and corm, subgroup 1C at 0.01 ppm; wheat, grain at
0.01 ppm; wheat, forage at 0.01 ppm; wheat, hay at 0.01
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ppm; wheat, straw at 0.01 ppm; cattle, fat at 0.03 ppm; cattle, kidney
at 0.03 ppm; cattle, liver at 0.05 ppm; cattle, meat at 0.01 ppm;
cattle, meat byproducts at 0.05 ppm; milk at 0.01 ppm; milk, cream at
0.01 ppm; goat, fat at 0.03 ppm; goat, kidney at 0.03 ppm; goat, liver
at 0.05 ppm; goat, meat at 0.01 ppm; goat, meat byproducts at 0.05 ppm;
horse, fat at 0.03 ppm; horse, kidney at 0.03 ppm; horse, liver at 0.05
ppm; horse, meat at 0.01 ppm; horse, meat byproducts at 0.05 ppm;
sheep, fat at 0.03 ppm; sheep, kidney at 0.03 ppm; sheep, liver at 0.05
ppm; sheep, meat at 0.01 ppm; sheep, meat byproducts at 0.05 ppm;
poultry (muscle, fat, offal) at 0.01 ppm; birds' egg at 0.01 ppm. For
Analytical Method Food: QuEChERS multi-residue method has been
validated and independently validated for post-registration monitoring
of SYN547407 for compliance with MRLs and import tolerances in plant
commodities at an LOQ of 0.01 mg/kg. For Analytical Method Livestock:
QuEChERS multi-residue method (EN 15662:2008) has been validated and
independently validated for post-registration monitoring of SYN547407
in all animal commodities (and SYN549436 and SYN549544 in ruminant
liver and kidney) for compliance with MRLs and import tolerances for
animal commodities at an LOQ of 0.01 mg/kg. Contact: RD.
2. PP 1E8910. (EPA-HQ-OPP-2022-0139). Dow AgroSciences LLC, 9330
Zionsville Rd., Indianapolis, IN 46268, requests to establish a
tolerance in 40 CFR part 180 for residues of the insecticide
methoxyfenozide in or on coffee at 0.15 ppm and sugarcane at 0.03 ppm.
The Liquid Chromatography with Tandem Mass Spectrometry Detection
(Method GRM 02.25) is used to measure and evaluate the methoxyfenozide
residues. Contact: RD.
3. PP 1F8940. (EPA-HQ-OPP-2021-0787). SePRO Corporation, 11550
North Meridian Street, Suite 600, Carmel, IN 46032, requests to
establish tolerances in 40 CFR 180.420(a)(2) for residues of the
herbicide fluridone, 1-methyl-3-phenyl-5-[3-(trifluoromethyl)phenyl]-
4(1H)-pyridinone, including its metabolites and degradates, in or on
the raw agricultural commodities of berry and small fruit, group 13-07;
fruit, citrus, group 10-10; fruit, pome, group 11-10; tropical and
subtropical, small fruit, edible peel subgroup 23A; tropical and
subtropical, medium to large fruit, smooth, inedible peel subgroup 24B;
hop, dried cones; nut, tree, group 14-12; and rice, grain at 0.1 ppm
and animal feed, nongrass, group 18 and grass, forage, fodder and hay,
group 17 at 0.15 ppm. The enzyme-linked immunosorbant assay (ELISA),
high performance liquid chromatography with ultraviolet detection
(HLPC/UV), liquid chromatography with tandem mass spectroscopy (LC-
MSMS) and QuEChERS are used to measure and evaluate the chemical
residues. Contact: RD.
4. PP 1F8950. (EPA-HQ-OPP-2021-0788). Nippon Soda Co., Ltd., Shin-
Ohtemachi Bldg., 2-1, 2-Chome Ohtemachi, Chiyoda-ku, Tokyo, 100-8165,
Japan, requests to establish a tolerance in 40 CFR part 180 for
residues of the fungicide, cyflufenamid, in or on sugar beets at 0.07
ppm. Solvent extraction and analysis by LC/MS/MS are used to measure
and evaluate the chemical Cyflufenamid. Contact: RD.
5. PP 1F8972. (EPA-HQ-OPP-2022-0134). Tessenderlo Kerley, Inc./
NovaSource, 2910 N 44th Street, Suite 100, Phoenix, AZ 85018 USA,
requests to establish a tolerance in 40 CFR part 180 for residues of
the herbicide linuron in or on alfalfa, forage at 1.0 ppm and alfalfa,
hay at 3.0 ppm. The HPLC-MS/MS residue analytical method is used to
measure and evaluate the chemical linuron. Contact: RD.
6. PP 1F8978. (EPA-HQ-OPP-2022-0257). Belchim Crop Protection US
Corporation, 2751 Centreville Road, Suit 100, Wilmington, Delaware
19808, requests to establish a tolerance in 40 CFR part 180 for
residues of the herbicide pyridate in or on dry peas and soybeans at
0.05 ppm. The HPLC-MS/MS residue analytical method is used to measure
and evaluate the chemical pyridate and the herbicidal active principle,
CL 9673. Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: March 14, 2022.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2022-06046 Filed 3-21-22; 8:45 am]
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