[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Proposed Rules]
[Pages 30855-30857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10851]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2022-0161; FRL-9410-13-OCSPP]


Receipt of Pesticide Petitions Filed for Residues of Pesticide 
Chemicals in or on Various Commodities April 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 June 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, by one of the following methods:
     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.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    The latest information on EPA/DC docket access, services and 
submitting comments is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Biopesticides and 
Pollution Prevention Division (BPPD) (7511M), main telephone number: 
(202) 566-1400, email address: [email protected]; or Marietta 
Echeverria, Registration Division (RD) (7505T), main telephone number: 
(202) 566-1030, 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. Include the contact person's name, division, and mail code in the 
mailing address. 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 
https://www.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

[[Page 30856]]

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/commenting-epa-dockets.
    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 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.

A. Amended Tolerance Exemptions for Non-Inerts (Except PIPS)

    PP 1F8962. (EPA-HQ-OPP-2021-0911). Agroindustrial Kimitec S.L., 
Maavi Innovation Center, Paraje Cerro de los Lobos s/n, 04738 Vicar, 
Almeria, Spain (c/o Compliance Services International, 7501 Bridgeport 
Way West, Lakewood, WA 98499-2423), requests to amend an exemption from 
the requirement of a tolerance in 40 CFR 180.1271 for residues of the 
insecticide eucalyptus oil in or on all food commodities when used in 
accordance with good agricultural practices. The petitioner believes no 
analytical method is needed because eucalyptus oil is included by the 
FDA in the Direct Food Substances Affirmed as Generally Recognized as 
Safe list and, per 40 CFR part 150.2040, ``residue chemistry data 
requirements apply to biochemical pesticide products when Tier II or 
Tier III toxicology data are required, as specified for biochemical 
agents in the biochemical human health assessment data requirements, 
Sec.  158.2050''. In the case of eucalyptus oil, the results of Tier I 
toxicology testing indicated that no Tier II or Tier III toxicology 
data were required, and as a result, no residue enforcement method is 
required. Contact: BPPD.

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

    1. PP 2E8987. (EPA-HQ-OPP-2021-0361). Interregional Research 
Project Number 4 (IR-4), IR-4 Project Headquarters, North Carolina 
State University, 1730 Varsity Drive, Suite 210, Venture IV, Raleigh, 
NC 27606, requests to amend 40 CFR 180.383 by removing the established 
tolerance for residues of the herbicide sodium salt of acifluorfen, 
sodium 5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-nitrobenzoate, and its 
metabolites (the corresponding acid, methyl ester, and amino analogues) 
in or on Strawberry at 0.05 parts per million (ppm). Contact: RD.
    2. PP 1F8946. (EPA-HQ-OPP-2021-0729). Syngenta Crop Protection, 
LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC 27419, requests to 
amend the tolerance(s) in 40 CFR 180.507 for residues of the fungicide, 
azoxystrobin (methyl (E)-2-{2-[6-(2-cyanophenoxy)pyrimidin-4-
yloxy]phenyl{time} -3-methoxyacrylate) and the Z isomer of azoxystrobin 
(methyl (Z)-2-{2-[6-(2- cyanophenoxy)pyrimidin-4-yloxy]pheny1{time} -3-
methoxyacrylate), in or on mango at 4 ppm and papaya at 6 ppm. Gas 
chromatography with nitrogen-phosphorus detection (GC-NPD) or in mobile 
phase by high performance liquid chromatography with ultra-violet 
detection (HPLC-UV) is used to measure and evaluate the chemical 
Azoxystrobin and its Z isomer. Contact: RD.

C. New Tolerance Exemptions for Inerts (Except PIPS)

    1. IN-11660. (EPA-HQ-OPP-2022-0364). The United States Department 
of Agriculture, Animal and Plant Health Inspection Service (4700 River 
Road, Unit 149, Riverdale, MD 20737), requests to establish an 
exemption from the requirement of a tolerance for residues of zein (CAS 
Reg. No. 9010-66-6) when used as a pesticide inert ingredient 
(stabilizing agent) in pesticide formulations applied to animals under 
40 CFR 180.930, limited to no more than 10,000 ppm in the final 
pesticide formulation. 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. IN-11693. (EPA-HQ-OPP-2022-0325). Ethox Chemicals, LLC (1801 
Perimeter Road, Greenville, SC 29605) requests to establish an 
exemption from the requirement of a tolerance for residues of oxirane, 
2-methyl-, polymer with oxirane, di-(9Z)-9-octadecenoate (CAS Reg. No. 
67167-17-3) with a minimum number average molecular weight (in amu) of 
2500 when used as a pesticide inert ingredient 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 1F8915. (EPA-HQ-OPP-2022-0308). Gowan Company in cooperation 
with SDS Biotech K.K., c/o Landis International, Inc., P.O. Box 5126, 
3185 Madison Highway, Valdosta, GA 31603, requests to establish an 
exemption from the requirement of a tolerance in 40 CFR part 180 for 
residues of the fungicide bacillus amyloliquefaciens strain AT-332 in 
or on all food commodities. The petitioner believes no analytical 
method is needed because it is not applicable. Contact: BPPD.

[[Page 30857]]

E. Notice of Filing--New Tolerances for Non-Inerts

    1. PP 2E8987. (EPA-HQ-OPP-2022-0361). 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 180.383 for residues of the herbicide, sodium 
salt of acifluorfen, sodium 5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-
nitrobenzoate, and its metabolites (the corresponding acid, methyl 
ester, and amino analogues) in or on the following raw agricultural 
commodities: Soybean, vegetable, edible podded at 0.09 ppm; soybean, 
vegetable, succulent shelled at 0.09; and berry, low growing, subgroup 
13-07G at 0.1 ppm. A gas chromatography and liquid chromatography BASF 
corporation: Study No. 92161, Method No. D9205 was used to measure and 
evaluate the chemical. Contact: RD.
    2. PP 1F8937. (EPA-HQ-OPP-2021-0634). Albaugh, LLC, 1535 36th St. 
NE, Ankeny, IA 50021, requests to establish a tolerance in 40 CFR part 
180 for residues of the herbicide, oxyfluorfen in or on rice at 0.01 
ppm. The acetonitrile fraction method is used to measure and evaluate 
the chemical oxyfluorfen. Contact: RD.
    3. PP 1F8946. (EPA-HQ-OPP-2021-0729). Syngenta Crop Protection, 
LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC 27419, requests to 
establish an import tolerance in 40 CFR part 180 for residues of the 
fungicide, azoxystrobin (methyl (E)-2-{2-[6-(2-cyanophenoxy)pyrimidin-
4-yloxy]phenyl{time} -3-methoxyacrylate) and the Z isomer of 
azoxystrobin (methyl (Z)-2-{2-[6-(2- cyanophenoxy)pyrimidin-4-
yloxy]pheny1{time} -3-methoxyacrylate), in or on palm, oil at 0.06 ppm. 
GC-NPD or in mobile phase by HPLC-UV is used to measure and evaluate 
the chemical azoxystrobin and its Z isomer. Contact: RD.
    4. PP 1F8954. (EPA-HQ-OPP-2022-0003). Syngenta Crop Protection, 
LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC 27410, requests to 
establish a tolerance in 40 CFR part 180 for residues of the 
nematocide, cyclobutrifluram (rel-N-[(1R,2R)-2-(2,4-
dichlorophenyl)cyclobutyl]-2-(trifluoromethyl)-3-pyridinecarboxamide) 
in or on cotton at 0.01 ppm; cotton, by-products at 0.01 ppm; lettuce, 
romaine at 0.015 ppm; and soybean at 0.01 ppm. The methods GRM076.07A 
and GRM076.11A are used to measure and evaluate the chemical 
cyclobutrifluram and related metabolites, SYN510275 and SYN549104. 
Contact: RD.
    5. PP 1F8958. (EPA-HQ-OPP-2022-0198). ISK Biosciences Corporation, 
7470 Auburn Road, Suite A, Concord, Ohio, 44077, requests to establish 
a tolerance in 40 CFR part 180 for residues of the herbicide, 
tolpyralate, 1-[[1-Ethyl-4-[3-(2-methoxyethoxy)-2-methyl-4-
(methylsulfonyl)benzoyl]-1H-pyrazol-5-yl]oxy]ethyl methyl carbonate, 
including its metabolite MT-2153, in or on wheat, grain at 0.01 ppm; 
wheat, forage at 0.02 ppm; wheat, hay at 0.05 ppm; wheat, straw at 0.03 
ppm; barley, grain at 0.015 ppm; barley, hay at 0.2 ppm; and barley, 
straw at 0.08 ppm. The Analytical method using liquid Chromatography-
MS/MS is used to measure and evaluate the chemical tolpyralate. 
Contact: RD.

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

    Dated: May 12, 2022.
Brian Bordelon,
Acting Director, Information Technology and Resources Management 
Division, Office of Program Support.
[FR Doc. 2022-10851 Filed 5-19-22; 8:45 am]
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