[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Proposed Rules]
[Pages 81021-81022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25751]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2023-0069; FRL-10579-10-OCSPP]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities (October 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 December 21, 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: 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 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. 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--Amended Tolerance Exemptions for Inerts (Except 
PIPS)

    PP IN-11780. (EPA-HQ-OPP-2023-0429). Mandava Associates, LLC (1050 
Connecticut Ave. NW, Suite 500, Washington, DC 20036), on behalf of 
Contact Organics USA Inc., (4947 US 75 Avenue, Maurice, IA 51036), 
requests to amend an exemption from the requirement of a tolerance for 
residues of limonene (CAS Reg. No. 138-86-3) by adding its use as an 
inert ingredient (solvent) limited to 3% in pesticide formulations 
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.

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

    PP IN-11778. (EPA-HQ-OPP-2023-0514). Micro Powders, Inc., 580 White 
Plains Road, Tarrytown, NY 10591, requests to establish an exemption 
from the requirement of a tolerance for residues of rice bran wax (CAS 
Reg. No. 8016-60-2) when used as a pesticide inert ingredient 
(lubricant) in pesticide formulations under 40 CFR 180.910,

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180.930, and 180.940. 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 Tolerances for Non-Inerts

    1. PP 0F8842. EPA-HQ-OPP-2020-0533. Meiji Seika Pharma Co., Ltd, c/
o Landis International, Inc., 3185 Madison Highway, P.O. Box 5126, 
Valdosta, GA 31603-5126, requests to establish a tolerance in 40 CFR 
part 180 for residues of the herbicide, L-glufosinate Free Acid, in or 
on apple at 0.05 parts per million (ppm); beet, sugar, molasses at 5.0 
ppm; beet, sugar, roots at 0.9 ppm; beet, sugar, tops (leaves) at 1.5 
ppm; bushberry subgroup 13B at 0.15 ppm; canola, meal at 1.1 ppm; 
canola, seed at 0.40 ppm; cattle, fat at 0.40 ppm; cattle, meal at 0.15 
ppm; cattle, meat byproducts at 6.0 ppm; corn, field, forage at 4.0 
ppm; corn, field, grain at 0.20 ppm; corn, field, stover at 6.0 ppm; 
corn, sweet, forage at 1.5 ppm; corn, sweet, kernels plus cob with 
husks removed at 0.30 ppm; corn, sweet, stover at 6.0 ppm; cotton, gin 
byproducts at 15 ppm; cotton, undelinted seed at 4.0 ppm; egg at 0.15 
ppm; fruit, citrus, crop group 10-10 at .15 ppm; fruit, pome, crop 
group 11-10 at .25 ppm; fruit, stone, crop group 12-12 at 0.30 ppm; 
goat, fat at 0.40 ppm; goat, meat at 0.15 ppm; goat, meat byproducts at 
6.0 ppm; grape at 0.05 ppm; hog, fat at 0.40 ppm; hog, meat at 0.15 
ppm; hog, meat byproducts at 6.0 ppm; horse, fat at 0.40 ppm; horse, 
meat at 0.15 ppm; horse, meat byproducts at 6.0 ppm; milk at 0.15 ppm; 
nut, tree, crop group 14-12 at 0.50 ppm; olive at 0.50 ppm; potato at 
0.80 ppm; potato, chips at 1.6 ppm; potato, granules/flakes at 2.0 ppm; 
poultry, fat at 0.15 ppm; poultry, meat at .15 ppm; poultry, meat 
byproducts at 0.60 ppm; sheep, fat at 0.40 ppm; sheep, meat at 0.15 
ppm; sheep, meat byproducts at 6.0 ppm; soybean at 2.0 ppm; soybean, 
hulls at 10.0 ppm. The analytical methods HRAV-5A and BK/01/99 are used 
to measure and evaluate the chemical L-glufosinate free acid. Contact: 
RD.
    2. PP 2F9042. EPA-HQ-OPP-2023-0459. UPL NA Inc., 630 Freedom 
Business Center, Suite 402, King of Prussia, PA 19406, requests to 
establish a tolerance in 40 CFR part 180 for residues of the herbicide, 
L-Glufosinate Ammonium, in or on almond, hulls at 0.25 parts per 
million (ppm); beet, sugar, molasses at 2.5 ppm; beet, sugar, roots at 
0.45 ppm; bushberry subgroup 13b at 0.075 ppm; canola, meal at 0.55 
ppm; canola, seed at 0.2 ppm; cattle, fat at 0.2 ppm; cattle, meat at 
0.075 ppm; cattle, meat byproducts at 3 ppm; corn, field forage at 2 
ppm; corn, field, grain at 0.1 ppm; corn, field, stover at 3 ppm; corn, 
sweet, forage at 0.75 ppm; corn, sweet, kernels plus cob with husks 
removed at 0.15 ppm; corn, sweet, stover at 3 ppm; cotton, gin 
byproducts at 15 ppm; cotton, undelinted seed at 7.5 ppm; egg at 0.075 
ppm; citrus fruit (crop group 10-10) at 0.075 ppm; pome fruit (crop 
group 11-10) at 0.125 ppm; stone fruit (crop group 12-12) at 0.15 ppm; 
goat, fat at 0.2 ppm; goat, meat at 0.075 ppm; goat, meat byproducts at 
3 ppm; grain aspirated fractions at 12.5 ppm; grape at 0.025 ppm; hog, 
fat at 0.2 ppm; hog, meat at 0.075 ppm; hog, meat byproducts at 3 ppm; 
horse, fat at 0.2 ppm; horse, meat at 0.075 ppm; horse, meat byproducts 
at 3 ppm; milk at 0.075 ppm; tree nut (crop group 14-12) at 0.25 ppm; 
olive at 0.25 ppm; potato at 0.4 ppm; potato, chips at 0.8 ppm; potato 
granules/flakes at 1ppm; poultry, fat at 0.075 ppm; poultry, meat at 
0.075 ppm; poultry, meat byproducts at 0.3 ppm; sheep, fat at 0.2 ppm; 
sheep, meat at 0.075 ppm; sheep, meat byproducts at 3 ppm; soybean at 1 
ppm; soybean, hulls at 5 ppm and inadvertent or indirect uses on 
Barley, hay at 0.2 ppm; barley, straw at 0.2 ppm; buckwheat, fodder at 
0.2 ppm; buckwheat, forage at 0.2 ppm; oat, forage at 0.2 ppm; oat, hay 
at 0.2 ppm; oat, straw at 0.2 ppm; rye, forage at 0.2 ppm; rye, straw 
at 0.2 ppm; teosinte at 0.2 ppm; triticale at 0.2 ppm; wheat, forage at 
0.2 ppm; wheat, hay at 0.2 ppm; wheat, straw at 0.2 ppm. The analytical 
method uses liquid chromatograph-tandem mass spectrometer (LC-MS/MS) is 
used to measure and evaluate the chemical L-glufosinate ammonium. 
Contact: RD.
    3. PP 3E9058. EPA-HQ-OPP-2023-0399. UPL Delaware, Inc. (UPL), 630 
Freedom Business Center, Suite 402 King of Prussia, PA 19406, requests 
to establish an import tolerance in 40 CFR part 180 for residues of the 
fungicide, kasugamycin, in or on tea, dried at 3 ppm. The analytical 
method uses LC-MS/MS method is used to measure and evaluate the 
chemical kasugamycin. Contact: RD.

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

    Dated: November 13, 2023.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2023-25751 Filed 11-20-23; 8:45 am]
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