[Federal Register Volume 87, Number 82 (Thursday, April 28, 2022)]
[Proposed Rules]
[Pages 25178-25180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09145]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 174 and 180
[EPA-HQ-OPP-2022-0161; FRL-9410-12-OCSPP]
Receipt of Pesticide Petitions Filed for Residues of Pesticide
Chemicals in or on Various Commodities March 2022
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notices 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 May 31, 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, using the Federal eRulemaking Portal: 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) (7511M), 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 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 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 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
[[Page 25179]]
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 information on the petitions may be obtained
through the petition summaries referenced in this unit and the
corresponding docket.
A. Amended Tolerance Exemptions for Non-Inerts (Except PIPS)
PP 1F8953. (EPA-HQ-OPP-2022-0273). Danstar Ferment Ag/LALLEMAND
PLANT CARE, Postsrasse 20, CH-6300 Zug, Switzerland (c/o Amy Plato
Roberts, P.O. Box 990, Hailey, ID 83333), requests to amend an
exemption from the requirement of a tolerance in 40 CFR 180.1120 for
residues of the fungicide Streptomyces sp. strain K61 in or on all food
commodities when used in accordance with label directions and good
agricultural practices. The petitioner believes no analytical method is
needed because it is expected that, when used as proposed, Streptomyces
sp. strain K61, would not result in residues that are of toxicological
concern. Contact: BPPD.
B. Amended Tolerances for Non-Inerts
1. PP 1E8904. (EPA-HQ-OPP-2021-0387). Interregional Research
Project No. 4 (IR-4), North Carolina State University, 1730 Varsity
Drive, Venture IV, Suite 210, Raleigh, NC 27606, requests to amend 40
CFR part 180 by removing the tolerance for residues of the insecticide
cyclaniliprole, 3-bromo-N-[2-bromo-4-chloro-6-[[(1-
cyclopropylethyl)amino]carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-
pyrazole-5-carboxamide, including its metabolites and degradates, in or
on the raw agricultural commodity Vegetable, fruiting, group 8-10 at
0.20 ppm. Contact: RD.
2. PP 1E8935. (EPA-HQ-OPP-2021-0657). Interregional Research
Project #4 (IR-4), North Carolina State University, 1730 Varsity Drive,
Venture IV, Suite 210, Raleigh, NC 27606, requests, pursuant to section
408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C.
346a(d), to amend 40 CFR part 180 by removing established tolerances
for residues of dodine in or on the raw agricultural commodities Apple
at 5.0 ppm; Fruit, stone, crop group 12 at 5.0 ppm; Nuts, tree, crop
group 14 at 0.3 ppm; and Pear at 5.0 ppm. Contact: RD.
3. PP 1E8957. (EPA-HQ-OPP-2022-0005). Interregional Research
Project #4 (IR-4), North Carolina State University, 1730 Varsity Drive,
Venture IV, Suite 210, Raleigh, NC 27606, requests to amend 40 CFR part
180 by removing the established tolerances of fomesafen, 5-2-chloro-4-
(trifluoromethyl)phenoxy-N-(methylsulfonyl)-2-nitrobenzamide in or on
the raw agricultural commodities: Cantaloupe at 0.025 parts per million
(ppm); Cucumber at 0.025 ppm; Pepper, bell at 0.025 ppm; Pepper, non-
bell at 0.025 ppm; Pumpkin at 0.025 ppm; Squash, summer at 0.025 ppm;
Squash, winter at 0.025 ppm; Tomato at 0.025 ppm; and Watermelon at
0.025 ppm. Contact: RD.
4. PP 1E8980. (EPA-HQ-OPP-2022-0234). Interregional Research
Project No. 4 (IR-4) North Carolina State University, 1730 Varsity
Drive, Suite 210, Venture IV, Raleigh, NC 27606, proposes upon
establishment of tolerances referenced in this document under ``New
Tolerances'' for PP#1E8980, to remove existing tolerances in 40 CFR
180.666 for residues of the fungicide, fluxapyroxad, 3-
(difluoromethyl)-1-methyl-N-(3',4',5'-trifluoro[1,1'-biphenyl]-2-yl)-
1H-pyrazole-4-carboxamide in or on Coffee, green bean\1\ at 0.2 parts
per million (ppm). Contact: RD.
5. PP 1E8981. (EPA-HQ-OPP-2022-0235). Interregional Research
Project No. 4 (IR-4) North Carolina State University, 1730 Varsity
Drive, Suite 210, Venture IV, Raleigh, NC 2760, proposes upon
establishment of tolerances referenced in this document under ``New
Tolerances'' for PP#1E8981, to remove existing tolerances in 40 CFR
180.582 for residues of the fungicide pyraclostrobin, (carbamic acid,
[2-[[[ 1-(4-chlorophenyl)-1H-pyrazol-3-yl]oxy] methyl]phenyl]methoxy-,
methyl ester) and its desmethoxy metabolite (methyl-N-[[[1-(4-
chlorophenyl)-1H-pyrazol-3-yl]oxy]methyl] phenylcarbamate), calculated
as the stoichiometric equivalent of pyraclostrobin in or on in or on
Coffee, green bean at \1\0.3 parts per million (ppm). Contact: RD.
C. New Tolerance Exemptions for Non-Inerts (Except PIPS)
1. PP 0F8873. (EPA-HQ-OPP-2021-0422). Amo[eacute]ba SA, 38 ave des
Fr[egrave]res Montgolfier, F-69680 Chassieu, France (c/o SciReg, Inc.,
12733 Director's Loop, Woodbridge, VA 22192), requests to establish an
exemption from the requirement of a tolerance in 40 CFR part 180 for
residues of the fungicide and systemic resistance inducer Lysate of
Willaertia magna C2c Maky, in or on raw agricultural commodities and
processed food. The petitioner believes no analytical method is needed
because it is not required for enforcement purposes since the Agency is
establishing an exemption from the requirement of a tolerance without
any numerical limitation. Contact: BPPD.
2. PP 1F8943. (EPA-HQ-OPP-2022-0323). Chr. Hansen, Inc., 9015 W
Maple St., Milwaukee, WI 53214, requests to establish an exemption from
the requirement of a tolerance in 40 CFR part 180 for residues of the
fungicide and nematicide Bacillus paralicheniformis strain CH0273 in or
on all food commodities. The petitioner believes no analytical method
is needed because it is not applicable. Contact: BPPD.
3. PP 1F8944. (EPA-HQ-OPP-2022-0318). Chr. Hansen, Inc., 9015 W
Maple St., Milwaukee, WI 53214, requests to establish an exemption from
the requirement of a tolerance in 40 CFR part 180 for residues of the
fungicide and nematicide Bacillus subtilis strain CH4000 in or on all
food commodities. The petitioner believes no analytical method is
needed because it is not applicable. Contact: BPPD.
4. PP 1G8963. (EPA-HQ-OPP-2022-0233). NewLeaf Symbiotics, Inc.,
1005 North Warson Road, St. Louis, MO 63132, requests to establish a
temporary exemption from the requirement of a tolerance in 40 CFR part
180 for residues of the insecticide Methylorubrum extorquens strain
NLS0042 in or on all food commodities. The petitioner believes no
analytical method is needed because it is expected that, when used as
proposed, Methylorubrum extorquens strain NLS0042 would not result in
residues that are of toxicological concern. Contact: BPPD.
D. New Tolerance Exemptions for PIPS
PP 2F8985. (EPA-HQ-OPP-2022-0231). Bayer CropScience LP, 800 N
Lindbergh Blvd. St. Louis, MO 63167, requests to establish an exemption
from the requirement of a tolerance in 40 CFR part 174 for residues of
the plant-incorporated protectants (PIP) Bacillus thuringiensis Vpb4Da2
and Brevibacillus laterosporus Mpp75Aa1.1 in or on corn. An analytical
method to detect and quantify concentrations of Mpp75Aa1.1 and Vpb4Da2
proteins expressed in corn was provided with the petition. Contact:
BPPD.
E. New Tolerances for Non-Inerts
1. PP 0E8876. (EPA-HQ-OPP-2021-0130). Interregional Research
Project No. 4 (IR-4), IR-4 Project Headquarters,
[[Page 25180]]
Rutgers, The State University of NJ, 500 College Road East, Suite 201
W, Princeton, NJ 08540, requests to amend 40 CFR part 180 by
establishing a tolerance for residues of ethalfluralin, N-ethyl-N-(2-
methyl-2-propenyl)-2,6-dinitro-4-(trifluoromethyl)benzenamine in or on
the raw agricultural commodity Stevia, fresh leaves at 0.05 parts per
million (ppm). Adequate analytical methods for determining
ethalfluralin in/on appropriate raw agricultural commodities and
processed commodities have been developed and validated. Contact: RD.
2. PP 0E8882. (EPA-HQ-OPP-2021-0153). Interregional Research
Project No. 4 (IR-4), IR-4 Project Headquarters, Rutgers, The State
University of NJ, 500 College Road East, Suite 201 W, Princeton, NJ
08540, requests to amend 40 CFR part 180 by establishing tolerances for
residues of novaluron, including its metabolites and degradates, in or
on the following commodities. Compliance with the tolerance levels is
to be determined by measuring only novaluron, (N-3-chloro-4-1,1,2-
trifluoro-2-(trifluoromethoxy)ethoxyphenylaminocarbonyl-2,-
difluorobenzamide), in or on the following raw agricultural
commodities: Bean, phaseolus, forage at 15 parts per million (ppm);
Cowpea forage at 15 ppm; Pea field, forage at 15 ppm; Bean phaseolus,
hay at 80 ppm; Cowpea, hay at 80 ppm; and Pea, field, hay at 80 ppm.
Adequate analytical methods for determining novaluron in/on appropriate
raw agricultural commodities and processed commodities have been
developed and validated. Contact: RD.
3. PP 1E8904. (EPA-HQ-OPP-2021-0387). Interregional Research
Project No. 4 (IR-4), North Carolina State University, 1730 Varsity
Drive, Venture IV, Suite 210, Raleigh, NC 27606, requests to amend 40
CFR part 180 by establishing tolerances for residues of the insecticide
cyclaniliprole, 3-bromo-N-[2-bromo-4-chloro-6-[[(1-
cyclopropylethyl)amino]carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-
pyrazole-5-carboxamide, including its metabolites and degradates, in or
on the raw agricultural commodities: Artichoke, globe at 1.5 parts per
million (ppm); Sunflower subgroup 20B at 0.4 ppm; Pepper/eggplant
ground 8-10B at 1.5 ppm; Tomato subgroup 8-10A at 0.6 ppm; Hog, meat at
0.01 ppm; Hog, fat at 0.015 ppm; Hog, meat byproducts at 0.015 ppm; Egg
at 0.01 ppm; Poultry, meat at 0.01 ppm; Poultry, fat at 0.015 ppm; and
Poultry, meat byproducts at 0.015 ppm. A practical analytical method
for Cyclaniliprole and NK-1375 using Liquid Chromatography-MS/MS is
available for analysis of all plant matrices. This method has been
confirmed through independent laboratory validation and is available
for enforcement purposes. Contact: RD.
4. PP 1E8935. (EPA-HQ-OPP-2021-0657). Interregional Research
Project #4 (IR-4), North Carolina State University, 1730 Varsity Drive,
Venture IV, Suite 210, Raleigh, NC 27606, requests, pursuant to section
408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C.
346a(d), to amend 40 CFR part 180 by establishing tolerances for
residues of dodine, N-dodecylguanidine acetate in or on the raw
agricultural commodities Fruit, pome, group 11-10 at 5 parts per
million (ppm); Fruit, stone, group 12-12 at 5 ppm; Nut, tree, group 14-
12 at 0.3 ppm; and Olive, with pit at 0.3 ppm.. Adequate analytical
methods for determining dodine in/on appropriate raw agricultural
commodities and processed commodities have been developed and
validated. Contact: RD.
5. PP 1E8957. (EPA-HQ-OPP-2022-0005). Interregional Research
Project #4 (IR-4), North Carolina State University, 1730 Varsity Drive,
Venture IV, Suite 210, Raleigh, NC 27606, requests, pursuant to section
408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C.
346a(d), to amend 40 CFR part 180 by establishing tolerances for
residues of fomesafen, 5-2-chloro-4-(trifluoromethyl)phenoxy-N-
(methylsulfonyl)-2-nitrobenzamide in or on the raw agricultural
commodities Vegetable, bulb, group 3-07 at 0.02 parts per million
(ppm); Vegetable, cucurbit, group 9 at 0.025 ppm; Vegetable, foliage of
legume, except soybean, subgroup 7A at 0.05 ppm; and Vegetable,
fruiting, group 8-10 at 0.025 ppm. Adequate analytical methods for
determining fomesafen in/on appropriate raw agricultural commodities
and processed commodities have been developed and validated. Contact:
RD.
6. PP 1E8966. (EPA-HQ-OPP-2022-0069). Interregional Research
Project #4 (IR-4), North Carolina State University, 1730 Varsity Drive,
Venture IV, Suite 210, Raleigh, NC 27606, requests, pursuant to section
408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C.
346a(d), to amend 40 CFR part 180 by establishing a tolerance for
residues of Trinexapac-ethyl in or on the raw agricultural commodity
clover, forage at 8 parts per million (ppm) and clover, hay at 15
(ppm). As a result of feeding clover that has been treated with
trinexapac-ethyl to livestock, the following tolerances are proposed in
livestock commodities: Cattle, fat; cattle, meat; goat, fat; goat,
meat; horse, fat; horse, meat; sheep, fat; and sheep, meat at 0.03 ppm.
Adequate analytical methods for determining trinexapac-ethyl in/on
appropriate raw agricultural commodities and processed commodities have
been developed and validated. Contact: RD.
7. PP 1E8980. (EPA-HQ-OPP-2022-0234). Interregional Research
Project No. 4 (IR-4) North Carolina State University, 1730 Varsity
Drive, Suite 210, Venture IV, Raleigh, NC 27606, requests to establish
a tolerance in 40 CFR 180.666 for residues of the fungicide,
fluxapyroxad, 3-(difluoromethyl)-1-methyl-N-(3',4',5'-trifluoro[1,1'-
biphenyl]-2-yl)-1H-pyrazole-4-carboxamide in or on Coffee, green bean
at 0.2 parts per million (ppm), Stevia, dried leaves at 60 ppm, and
Stevia, fresh leaves at 20 ppm. The Method for the Determination of BAS
700 F (Reg. No. 5094351) and its Metabolites M700F002 (Reg. No.
5435595), M700F008 (Reg. No. 5566402) and M700F048 (Reg. No. 5570265)
in Plant Matrices and Processed Fractions'', Dated October 7, 2009; is
used to measure and evaluate the chemical. Contact: RD.
8. PP 1E8981. (EPA-HQ-OPP-2022-0235). Interregional Research
Project No. 4 (IR-4) North Carolina State University, 1730 Varsity
Drive, Suite 210, Venture IV, Raleigh, NC 2760, requests to establish a
tolerance in 40 CFR 180.582 for residues of the fungicide
pyraclostrobin, (carbamic acid, [2-[[[ 1-(4-chlorophenyl)-1H-pyrazol-3-
yl]oxy] methyl]phenyl]methoxy-, methyl ester) and its desmethoxy
metabolite (methyl-N-[[[1-(4-chlorophenyl)-1H-pyrazol-3-yl]oxy]methyl]
phenylcarbamate), calculated as the stoichiometric equivalent of
pyraclostrobin in or on Coffee, green bean at 0.3 parts per million
(ppm), Stevia, dried leaves at 150 ppm, and Stevia, fresh leaves at 40
ppm. The Method for the Determination of BAS 421 F, BAS 480 F, BAS 500
F, BF 500-3, BAS 505 F, BAS 510 F, BAS 550 F, BAS 555 F, BAS 560 F and
BAS 700 F in Plant Matrices'', Dated June 2008 is used to measure and
evaluate the chemical. Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: April 18, 2022.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2022-09145 Filed 4-27-22; 8:45 am]
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