[Federal Register Volume 89, Number 166 (Tuesday, August 27, 2024)]
[Proposed Rules]
[Pages 68571-68572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18858]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 89, No. 166 / Tuesday, August 27, 2024 / 
Proposed Rules  

[[Page 68571]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2024-0059; FRL-11682-07-OCSPP]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities (July 2024)

AGENCY: Environmental Protection Agency (EPA).

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

-----------------------------------------------------------------------

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 September 26, 2024.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2024-0059, 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 H. Le, Biopesticides and 
Pollution Prevention Division (BPPD) (7511M), main telephone number: 
(202) 566-1400, email address: [email protected]; or Dan 
Rosenblatt, Registration Division (RD) (7505T), main telephone number: 
(202) 566-2875, 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.
    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 4E9104. EPA-HQ-OPP-2024-0200. Interregional Research Project 
Number 4 (IR-4), IR-4 Project

[[Page 68572]]

Headquarters, North Carolina State University, 1730 Varsity Drive, 
Venture IV, Suite 210, Raleigh, NC 27606, requests to amend 40 CFR 
180.700, upon the approval of the requested tolerance, by revising the 
established tolerance for residues of the insecticide afidopyropen, 
including its metabolites and degradates, in or on leafy greens 
subgroup 4-16A at 2.0 parts per million (ppm) to a tolerance in or on 
leafy greens subgroup 4-16A, except lettuce, leaf at 2 ppm. Contact: 
RD.
    2. PP 4F9135. EPA-HQ-OPP-2024-0322. Gowan Company, LLC, P.O. Box 
556, Yuma, AZ 85366, requests to amend the existing regional tolerance 
established in 40 CFR 180.448 for the ovicide/miticide hexythiazox in 
or on fruit, citrus group 10-10 (CA, AZ, TX only) at 0.6 ppm to include 
a national tolerance for citrus, fruit, subgroup 10-10B (lemon/lime). 
The residue analytical methodology, Morse Laboratories, LLC, Analytical 
Method# Meth-220, Original, titled ``Determination of Hexythiazox In/On 
Various Matrices,'' dated May 6, 2013, with method modifications dated 
May 16, 2013, was reviewed by the Agency in the study, Magnitude of the 
Residue of Hexythiazox in or on Citrus Raw Agricultural Commodities 
Following One Application of Onager[supreg] 1E Miticide. The same 
method was used in the new residue data generated to amend the crop 
subgroup 10-10B lemon/lime tolerance, nationally. Contact: RD.

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

    1. PP IN-11880. EPA-HQ-OPP-2024-0344. A&L Biological, Inc., 2136 
Jetstream Rd., London, ON Canada, N5V 3P5 requests to establish an 
exemption from the requirement of a tolerance for residues of purified 
bovine serum albumin (CAS Reg. No. 9048-46-8), when used as an inert 
ingredient in or on the raw agricultural commodity greenhouse cucumber 
applied pre-bloom as a stabilizer in microbial pesticides at a 
concentration of <=1.0% w/w under 40 CFR 180.920. 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. PP IN-11882. EPA-HQ-OPP-2024-0354. Croda Inc., 300-A Columbus 
Circle, Edison, NJ 08837-3907, c/o Exponent, Inc. Chemical Regulation 
and Food Safety, 1150 Connecticut Ave. NW, Suite 1100, Washington, DC 
20036, requests to establish an exemption from the requirement of a 
tolerance for residues of glycerol ester of rosin (CAS Reg. No. 8050-
31-5), when used as an inert ingredient in pesticide formulations used 
pre- and post- harvest 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.
    3. PP IN-11918. EPA-HQ-OPP-2024-0356. SpayVac-for-Wildlife, Inc., 
1202 Ann Street, Madison, WI 53713, requests to establish an exemption 
from the requirement of a tolerance for residues of cholesterol (CAS 
Reg. No. 97281-47-5) in equine and cervid contraceptive formulations, 
when used as an inert ingredient under 40 CFR 180.930. 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 3F9084. EPA-HQ-OPP-2024-0340. MBFi LLC, 11125 North 
Ambassador Drive, Suite 120, Kansas City, MO 64153, requests to 
establish an exemption from the requirement of a tolerance in 40 CFR 
part 180 for residues of the fungicide and nematicide Trichoderma 
asperellum DSM33649 in or on all food or feed commodities. The 
petitioner believes no analytical method is needed because this 
petition requests an exemption from the requirement of a tolerance 
without numerical limitations. Contact: BPPD.
    2. PP 4F9112. EPA-HQ-OPP-2024-0329. EcoPhage LTD., 3 Pinchas Sapir 
St., Ness Ziona, Israel 7403626 (c/o Spring Regulatory Sciences 6620 
Cypresswood Dr., Suite 250, Spring, TX 77379), requests to establish an 
exemption from the requirement of a tolerance in 40 CFR part 180 for 
residues of the bactericides Bacteriophage active against Xanthomonas 
campestris pv. vesicatoria_EcoPhage and Bacteriophage active against 
Pseudomonas syringae pv. tomato_EcoPhage in or on all food or feed 
commodities. The petitioner believes no analytical method is needed 
because this petition requests an exemption from the requirement of a 
tolerance without numerical limitations. Contact: BPPD.

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

    1. PP 4E9104. EPA-HQ-OPP-2024-0200. 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 establish tolerances in 40 CFR 180.700 for residues 
of the insecticide afidopyropen, including its metabolites and 
degradates, in or on lettuce, leaf at 7 ppm. Compliance with the 
tolerance levels specified is to be determined by measuring only 
afidopyropen. An acceptable analytical method is available for 
enforcement purposes. Contact: RD.
    2. PP 4E9110. EPA-HQ-OPP-2024-0262. Syngenta Crop Protection, LLC, 
P.O. Box 18300, Greensboro, NC 27419, requests to establish a tolerance 
in 40 CFR part 180 for residues of the insecticide, lambda-cyhalothrin, 
in or on pineapple and raspberry at 0.05 ppm. The ICI Method 81, ICI 
Method 86, ICI Method 96, and liquid chromotography with MS/MS 
detection analytical methods are used to measure and evaluate chemical 
residues of lambda-cyhalothrin. Contact: RD.
    3. PP 4F9117. EPA-HQ-OPP-2024-0363. UPL NA Inc. P.O. Box 12219 
Research Triangle Park, NC 27709-2219 requests to establish a tolerance 
in 40 CFR part 180 for residues of the herbicide acifluorfen in or on 
sugar beet roots and sugar beet tops at 0.06 ppm. The LC/MS/MS method 
is used to measure and evaluate the chemical acifluorfen. Contact: RD.

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

    Dated: August 15, 2024.
Kimberly Smith,
Acting Director, Information Technology and Resources Management 
Division, Office of Program Support.
[FR Doc. 2024-18858 Filed 8-26-24; 8:45 am]
BILLING CODE 6560-50-P