[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Proposed Rules]
[Pages 24744-24746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08621]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2023-0069; FRL-10579-03-OCSPP]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities March 2023

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petition and request for comment.

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SUMMARY: This document announces the Agency's receipt of an initial 
filing of a pesticide petition 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 24, 2023.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2023-0069, through the Federal eRulemaking 
Portal

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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 and visiting the docket, along with more 
information about dockets generally, 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 Cynthia Giles-
Parker, Fungicide Branch in the Registration Division: [email protected] main telephone number 202-566-2704.The mailing 
address for this 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/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 a pesticide petition 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 180 for residues of pesticide chemicals in 
or on various food commodities. The Agency is taking public comment on 
the request before responding to the petitioner. EPA is not proposing 
any particular action at this time. EPA has determined that the 
pesticide petition described in this document contains 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 petition. 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 this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition that is the 
subject of this document, prepared by the petitioner, is included in a 
docket EPA has created for this rulemaking. The docket for this 
petition is 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 petition so that the public has an 
opportunity to comment on this request for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petition may be obtained 
through the petition summary referenced in this unit.

A. Notice of Filing--New Tolerance Exemptions for Non-Inerts Except 
PIPS

    1. PP 2E9036. EPA-HQ-OPP-2023-0181. Agri-Organic LLC., P.O. Box 
7748 Bloomfield Township, MI 48302, requests to establish an exemption 
from the requirement of a tolerance in 40 CFR part 180 for residues of 
the fungicide, insecticide containing extracts of noni fruit and noni 
leaves (Morinda citrifolia) in or on fruits, vegetables, nuts, field 
crops and ornamentals. The petitioner believes no analytical method is 
needed because an exemption from the requirement of a tolerance is 
proposed. Contact: BPPD.
    2. PP 2F9029. EPA-HQ-OPP-2023-0184. FytoFend, LLC., 2915 Ogletown 
Road Newark, DE 19713, requests to establish an exemption from the 
requirement of a tolerance in 40 CFR part 180 for residues of the 
fungicide, plant regulator containing COS-OGA in or on fruit, 
vegetables, herbs, and spices. The petitioner believes no analytical 
method is needed because the concentration of COS-OGA and constituent 
residues are negligible when compared with what is already naturally 
present in the environment. Contact: BPPD.

B. New Tolerances for Non-Inerts

    PP 2F9016. EPA-HQ-OPP-2022-0742. Nippon Soda Co., Ltd c/o Nisso 
America Inc., 379 Thornall Street, 5th floor Edison, NJ 08837, requests 
to establish a tolerance in 40 CFR part 180 for residues of the 
fungicide, ipflufenoquin, in or on small fruit vine climbing subgroup 
except fuzzy kiwi (crop sub-group 13-07F) at 0.80 parts per million 
(ppm); stone fruit (crop group 12-12) at 0.90 ppm; tree nut (crop group 
14-12) at 0.01 ppm; and grape, raisin at 1.50 ppm. The High-Performance 
Liquid Chromatography with tandem Mass Spectrometric detection (HPLC-
MS/MS) and a QuEChERS multi-residue enforcement method with HPLC-MS/MS 
is used to measure and evaluate the chemical, ipflufenoquin. Contact: 
FB.

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


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    Dated: April 14, 2023.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2023-08621 Filed 4-21-23; 8:45 am]
BILLING CODE 6560-50-P