[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Proposed Rules]
[Pages 31667-31668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10547]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2023-0069; FRL-10579-04-OCSPP]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities (April 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 June 20, 2023.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2023-0069, 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 and visiting the docket, along with more 
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Madison Le, Biopesticides and 
Pollution Prevention Division (BPPD) (7511M), main telephone number: 
(202) 566-1400, 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/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,

[[Page 31668]]

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.
Notice of Filing--New Tolerance Exemptions for Non-Inerts (Except PIPS)
    1. PP 2F9022. EPA-HQ-OPP-2023-0217. Valto BV, Leehove 81, 2678 MB 
De Lier Zuid-Holland, 2678-MB, Netherlands (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 virucides Pepino mosaic virus, strain LP, isolate VX1 
and Pepino mosaic virus, strain CH2, isolate VC1 in or on all food 
commodities. The petitioner believes no analytical method is needed 
because it is not applicable. Contact: BPPD.
    2. PP 2F9031. EPA-HQ-OPP-2023-0241. Lavie-Bio Ltd., Gad Feinstein 
13, Rehovot 41732, Israel (c/o Delta Analytical Corporation, 12510 
Prosperity Drive, Suite 160, Silver Spring, MD 20904), requests to 
establish an exemption from the requirement of a tolerance in 40 CFR 
part 180 for residues of the fungicide Pseudomonas coleopterorum strain 
49762 in or on all food commodities. The petitioner believes no 
analytical method is needed because it is not applicable. Contact: 
BPPD.

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

    Dated: May 9, 2023.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2023-10547 Filed 5-17-23; 8:45 am]
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