[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Notices]
[Pages 42935-42938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14192]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0069; FRL-10579-05-OCSPP]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities (May 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 August 4, 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: Anne Overstreet, Biopesticides and 
Pollution Prevention Division (BPPD) (7511M), main telephone number: 
202-566-2425, email address: [email protected]; or Charles Smith, 
Registration Division (RD) (7505T), main telephone number: (202) 566-
2427, 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

[[Page 42936]]

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 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--Amended Tolerances for Non-Inerts

    1. PP 3E9059. EPA-HQ-OPP-2021-0624. Bayer CropScience, 800 N 
Lindbergh Blvd., St. Louis, MO 63167, requests to amend the tolerance 
in 40 CFR 180.3 for residues of the insecticide, tetraniliprole, 1-(3-
chloro-2-pyridinyl)-N-[4-cyano-2-methyl-6-
[(methylamino)carbonyl]phenyl]-3-[[5-(trifluoromethyl)-2H-tetrazol-2-
yl]methyl]-1H-pyrazole-5-carboxamide, in or on tea at 80 parts per 
million (ppm). The high-performance liquid chromatography with tandem 
mass spectrometry (HPLC/MS/MS) is used to measure and evaluate the 
chemical tetraniliprole. Contact: RD.
    2. PP 2E9028. EPA-HQ-OPP-2022-0890. Interregional Research Project 
Number 4 (IR-4), IR-4 Project Headquarters, North Carolina State 
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC 
27606, requests to amend 40 CFR 180.417 by removing the established 
time-limited tolerance for residues of the herbicide, triclopyr, 2-
[(3,5,6-trichloro-2- pyridinyl)oxy]acetic acid, including its 
metabolites and degradates, in or on sugarcane, cane at 40 ppm. 
Contact: RD.
    3. PP 2E9045. EPA-HQ-OPP-2023-0080. IR-4, IR-4 Project 
Headquarters, North Carolina State University, 1730 Varsity Drive, 
Venture IV, Suite 210, Raleigh, NC 27606, requests to amend 40 CFR 
180.649 by removing the established tolerances for residues of the 
herbicide, saflufenacil, 2-chloro-5-[3,6-dihydro-3-methyl-2,6-dioxo-4-
(trifluoromethyl)-1(2H)-pyrimidinyl]-4-fluoro-N-[[methyl(1-
methylethyl)amino]sulfonyl]benzamide, and its metabolites N-[2-chloro-
5-(2,6-dioxo-4-(trifluoromethyl)-3,6-dihydro-1(2H)-pyrimidinyl)-4-
fluorobenzoyl]-N'-isopropylsulfamide and N-[4-chloro-2-fluoro-5 
({(isopropylamino)sulfonyl]amino{time} carbonyl)phenylurea, calculated 
as the stoichiometric equivalent of saflufenacil in or on the following 
raw agricultural plant commodities: Barley, grain at 1 ppm; chia, seed 
at 0.6 ppm; crop subgroup 20A; rapeseed subgroup at 0.45 ppm; fruit, 
pome, group 10 at 0.03 ppm; fruit, pome, group 11 at 0.03 ppm; fruit, 
stone, group 12 at 0.03 ppm; grain, cereal, group 15 (except barley and 
wheat grain) at 0.03 ppm; nut, tree, group 14 at 0.03 ppm; pea and 
bean, dried shelled, except soybean, subgroup 6C at 0.3 ppm; pea and 
bean, succulent shelled, subgroup 6B at 0.03 ppm; pistachio at 0.03 
ppm; vegetable, foliage of legume, group 7 (except pea, hay) at 0.1 
ppm; vegetable, legume, edible podded, subgroup 6A at 0.03 ppm; and 
wheat, grain at 0.6 ppm. IR-4 originally requested to remove the 
established tolerance for rapeseed 20A at 0.45 ppm but withdrew that 
request. Contact: RD.
    4. PP 3E9059. EPA-HQ-OPP-2021-0624. Bayer CropScience, 800 N 
Lindbergh Blvd., St. Louis, MO 63167, requests to amend the tolerance 
in 40 CFR 180.3 for residues of the insecticide, tetraniliprole, 1-(3-
chloro-2-pyridinyl)-N-[4-cyano-2-methyl-6-
[(methylamino)carbonyl]phenyl]-3-[[5-(trifluoromethyl)-2H-tetrazol-2-
yl]methyl]-1H-pyrazole-5-carboxamide, in or on tea at 80 ppm. The HPLC/
MS/MS is used to measure and evaluate the chemical tetraniliprole. 
Contact: RD.

B. Notice of Filing--New Tolerance Exemptions for Inerts (Except PIPS)

    PP IN-11745. EPA-HQ-OPP-2023-0296. AgroFresh, 3 Spring House 
Innovation Park, Suite 100, Lower Gwynedd, PA 19002, requests to 
establish an exemption from the requirement of a tolerance for residues 
of sodium nitrate (CAS Reg. No. 7631-99-4) when used as an inert 
ingredient in pesticide formulations applied under 40 CFR 180.910. The 
petitioner believes no analytical method is needed because it is not 
required for an exemption from the requirement of a tolerance. Contact: 
RD

C. Notice of Filing--New Tolerance Exemptions for Non-Inerts (Except 
PIPS)

    1. PP 2F9027. EPA-HQ-OPP-2023-0255. BioWorks, Inc., 100 Rawson 
Road, Suite 205, Victor, NY 14564, requests to establish an exemption 
from the requirement of a tolerance in 40 CFR part 180 for residues of 
the insecticide and miticide Beauveria bassiana strain BW149 in or on 
all food and feed commodities. The petitioner believes no analytical 
method is needed because the natural occurrence of the organism 
indicates that exposure is expected regardless of treatment, the 
magnitude of residues is expected to be at the same level as non-
treated commodities. Contact: BPPD.
    2. PP 3F9053. EPA-HQ-OPP-2023-0221. Agrotecnolog[iacute]as 
Naturales S.L. Ctra.T-214, s/n Km 4,125 43762 Riera de Gai[agrave] La 
Tarragona, Spain (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 Trichoderma 
atroviride AT10 in or on all food commodities. The petitioner believes 
no analytical method is needed because an exemption from the

[[Page 42937]]

requirement of a tolerance is being proposed. Contact: BPPD.

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

    1. PP 1E8910. EPA-HQ-OPP-2022-0139. Corteva Agriscience, LLC, 9330 
Zionsville Rd., Indianapolis, IN 46268, requests to establish 
tolerances 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, 
and in the processed commodity sugarcane molasses at 0.1 ppm. The 
Liquid Chromatography with Tandem Mass Spectrometry Detection (Method 
GRM 02.25) is used to measure and evaluate the methoxyfenozide 
residues. Contact: RD.
    2. PP 2E9045. EPA-HQ-OPP-2023-0080. IR-4 Project Headquarters, 
North Carolina State University, 1730 Varsity Drive, Venture IV, Suite 
210, Raleigh, NC 27606, requests to establish tolerances in 40 CFR 
180.649 for residues of the herbicide saflufenacil, 2-chloro-5-[3,6-
dihydro-3-methyl-2,6-dioxo-4-(trifluoromethyl)-1(2H)-pyrimidinyl]-4-
fluoro-N-[[methyl(1-methylethyl)amino]sulfonyl]benzamide, and its 
metabolites N-[2-chloro-5-(2,6-dioxo-4-(trifluoromethyl)-3,6-dihydro-
1(2H)-pyrimidinyl)-4-fluorobenzoyl]-N'-isopropylsulfamide and N-[4-
chloro-2-fluoro-5 
({(isopropylamino)sulfonyl]amino{time} carbonyl)phenyl]urea, calculated 
as the stoichiometric equivalent of saflufenacil in or on the following 
raw agricultural plant commodities: Barley subgroup 15-22B at 1 ppm; 
edible-podded bean subgroup 6-22A at 0.03 ppm; edible-podded pea 
subgroup 6-22B at 0.03 ppm; field corn subgroup 15-22C at 0.03 ppm; 
forage and hay of legumes vegetable group 7-22 (except pea, hay) at 0.1 
ppm; forage, hay, stover, and straw of cereal grains group 16-22 
(except barley and wheat and chia straw) at 0.1 ppm; fruit, citrus 
group 10-10 at 0.03 ppm; fruit, pome group 11-10 at 0.03 ppm; fruit, 
stone group 12-12 at 0.03 ppm; grain sorghum and millet subgroup 15-22E 
at 0.03 ppm; mint, dried leaves at 0.04 ppm; and mint, fresh leaves at 
0.04 ppm; nut, tree, group 14-12 at 0.03 ppm; pulses, dried shelled 
bean, except soybean, subgroup 6-22E at 0.3 ppm; pulses, dried shelled 
pea subgroup 6-22F at 0.3 ppm; rice subgroup 15-22F at 0.03 ppm; 
succulent shelled bean subgroup 6-22C at 0.03 ppm; succulent shelled 
pea subgroup 6-22D at 0.03 ppm; sweet corn subgroup 15-22D at 0.03 ppm; 
and wheat subgroup 15-22A at 0.7 ppm. The submission originally 
petitioned for a tolerance for rapeseed subgroup 20A at 0.6 ppm but was 
withdrawn by IR-4. A High-Performance Liquid Chromatograph-Mass 
Spectrometer (HPLC/MS/MS) was used to measure and evaluate the residues 
of saflufenacil. Contact: RD.
    3. PP 2F9020. EPA-HQ-OPP-2023-0062. FMC Corporation, 2929 Walnut 
Street, Philadelphia, PA 19104, requests to establish a tolerance in 40 
CFR part 180 for residues of the fungicide. Fluindapyr in or on 
soybean, forage at 15 ppm; soybean, hay at 30 ppm; soybean, hulls at 
0.6 ppm; soybean, seed at 0.2 ppm. The HPLC/MS/MS method is used to 
measure and evaluate the chemical fluindapyr. Contact: RD.

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

    1. PP 1E8910. EPA-HQ-OPP-2022-0139. Corteva Agriscience, LLC, 9330 
Zionsville Rd., Indianapolis, IN 46268, requests to establish 
tolerances 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, 
and in the processed commodity sugarcane molasses at 0.1 ppm. The 
Liquid Chromatography with Tandem Mass Spectrometry Detection (Method 
GRM 02.25) is used to measure and evaluate the methoxyfenozide 
residues. Contact: RD.
    2. PP 2E9028. EPA-HQ-OPP-2022-0890. IR-4, IR-4 Project 
Headquarters, North Carolina State University, 1730 Varsity Drive, 
Venture IV, Suite 210, Raleigh, NC 27606 to establish a tolerance in 40 
CFR 180.417 for residues of the herbicide triclopyr, 2-[(3,5,6-
trichloro-2-pyridinyl)oxy]acetic acid, including its metabolites and 
degradates, in or on sugarcane, cane at 0.04 ppm resulting from the 
application of the butoxyethyl ester of triclopyr, triethylamine salt 
of triclopyr, or choline salt of triclopyr. Gas chromatography and 
HPLC/MS/MS methods are available for the enforcement of tolerances for 
triclopyr residues of concern. Contact: RD.
    3. PP 2F9005. EPA-HQ-OPP-2022-0980. Bayer CropScience, 800 N 
Lindbergh Blvd. St. Louis, MO 63167, requests to establish a tolerance 
in 40 CFR part 180 for residues of the fungicide fluoxapiprolin (2-
[3,5-bis(difluoromethyl)-1H-pyrazol-1-yl]-1-[4-[4-[5-[2-chloro-6-
[(methylsulfonyl)oxy]phenyl]-4,5-dihydro-3-isoxazolyl]-2-thiazolyl]-1-
piperidinyl]ethenone) in or on: Tuberous and corm vegetables subgroup 
1C at 0.01 ppm; onion, bulb subgroup 3-07A at 0.03 ppm; onion, green 
subgroup 3-07B at 2.0 ppm; lettuce, head, at 0.8 ppm; leafy vegetable 
group 4-16, except head lettuce at 5.0 ppm; brassica head and stem 
vegetable group 5-16 at 0.8 ppm; fruiting vegetable group 8-10 at 0.06 
ppm; cucurbit vegetable group 9 at 0.06 ppm; small fruit vine climbing 
subgroup 13-07F, except fuzzy kiwifruit at 0.2 ppm; grape, raisin at 
0.4 ppm; leafy petiole vegetable subgroup 22B at 1.5 ppm; and in or on 
low growing berry subgroup 13-07G at 0.01 ppm in rotational crop. The 
HPLC/MS/MS detector is used to measure and evaluate the chemical 
fluoxapiprolin. Contact: RD.
    4. PP 2F9019. EPA-HQ-OPP-2022-0868. BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC 27709, requests to 
establish tolerances in 40 CFR 180.649(a)(1) for residues of the 
herbicide saflufenacil, including its metabolites and degradates, in or 
on corn, field, forage at 0.3 ppm, corn, field, milled byproducts at 
0.125 ppm, and corn, field, stover at 5.0 ppm. Adequate enforcement 
methodology liquid chromatography/mass spectrometry/mass spectrometry 
(LC/MS/MS) methods for plant and livestock commodities are available to 
enforce the tolerance expression. Contact: RD.
    5. PP 2F9019. EPA-HQ-OPP-2022-0868. BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC 27709, requests to 
amend the existing commodity definition in 40 CFR 180.649(a)(1) for 
residues of the herbicide saflufenacil, including its metabolites and 
degradates, in or on ``grain, cereal, forage, fodder and straw group 16 
(except barley and wheat straw)'' to ``grain, cereal, forage, hay, 
stover, and straw group 16-22 (except field corn forage, field corn 
stover, barley straw, wheat straw, and chia straw)'' unchanged at 0.1 
ppm. Adequate enforcement methodology (LC/MS/MS) methods for plant and 
livestock commodities are available to enforce the tolerance 
expression. Contact: RD.
    6. PP 3F9049. EPA-HQ-OPP-2022-0899. Syngenta Crop Protection, LLC, 
P.O. Box 18300, Greensboro, NC 27419, requests to establish a tolerance 
for residues of the insecticide spiropidion and its metabolite 
SYN547305 in or on apple, dry pomace at 3 ppm; cattle, meat at 0.02 
ppm; citrus fruit, crop group 10-10 at 2.0 ppm; cotton, gin byproducts 
at 10 ppm; cottonseed, crop subgroup 20C at 0.6 ppm; cucumber at 2.0 
ppm; fruit, pome, crop group 11-10 at 0.4 ppm; goat, meat at 0.02 ppm; 
horse, meat at 0.02 ppm; orange, fruit, citrus oil at 60 ppm; sheep, 
meat at 0.02 ppm; small fruit vine climbing, (except fuzzy kiwifruit), 
crop subgroup 13-07F at 2 ppm; soybean at 3.0 ppm; vegetables, tuberous 
and corm, crop group 1C at 1.5 ppm; vegetables, brassica, head and 
stem, crop group 5-16 at 15 ppm; vegetables, cucurbit, crop group 9,

[[Page 42938]]

except cucumber at 0.9 ppm; vegetables, fruiting, crop group 8-10 at 
1.5 ppm; vegetables, leafy, crop subgroup 4-16 at 15 ppm; and 
vegetables, tuberous and corm, crop group 1C at 1.5 ppm. Syngenta Crop 
Protection, LLC submitted a ``quick, easy, cheap, effective, rugged, 
and safe'' (QuEChERS) multi-residue method that has been validated and 
independently validated for post-registration monitoring of SYN546330 
and SYN547305 for compliance with maximum residue levels (MRLs) and 
import tolerances in plant commodities at an LOQ of 0.01 mg/kg. 
QuEChERS multi-residue method has also been validated and independently 
validated for SYN548430 and SYN547435. Radiovalidation of the residue 
methods used for data generation in pre-registration studies (primary 
crop and rotational crop) have been conducted within the metabolism 
studies. For the QuEChERS multi-residue method, a separate 
radiovalidation study was conducted with samples taken from the primary 
crop metabolism studies. Contact: RD.
    7. PP 3F9050. EPA-HQ-OPP-2023-0280. ISK Biosciences Corporation, 
7470 Auburn Road, Suite A, Concord, OH 44077, has requested to 
establish a tolerance for the combined residues of the insecticide 
flonicamid and its metabolites, TFNA, TFNA-AM, and TFNG, in or on the 
raw agricultural commodities: Berry, low growing, subgroup 13-07G, 
except strawberry, at 1.5 ppm; and strawberry at 2.0 ppm. Analytical 
methodology has been developed to determine the residues of flonicamid 
and its three major plant metabolites, TFNA, TFNG, and TFNA-AM in 
various crops. The residue analytical method for the majority of crops 
includes an initial extraction with acetonitrile (ACN)/deionized (DI) 
water, followed by a liquid-liquid partition with ethyl acetate. The 
residue method for wheat straw is similar, except that a C18 solid 
phase extraction (SPE) is added prior to the liquid-liquid partition. 
The final sample solution is quantitated using a liquid chromatograph 
(LC) equipped with a reverse phase column and a triple quadruple mass 
spectrometer (MS/MS). Contact: RD.
    Authority: 21 U.S.C. 346a.

    Dated: June 27, 2023.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2023-14192 Filed 7-3-23; 8:45 am]
BILLING CODE 6560-50-P