[Federal Register Volume 84, Number 87 (Monday, May 6, 2019)]
[Notices]
[Pages 19783-19785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09221]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2019-0066; FRL-9992-10]


Petition To Modify the Tolerance and Product Labels for 
Glyphosate With Regard to Oats; Notice of Filing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is seeking public comment on a September 27, 2018 petition 
from the Environmental Working Group (EWG), Ben & Jerry's Homemade, 
Inc., Happy Family Organics, MegaFood, MOM's Organic Market, National 
Co+op Grocers, Nature's Path Foods Inc., One Degree Organic Foods USA, 
Inc., and Stonyfield Farms, Inc. requesting that the agency reduce the 
tolerance of the pesticide glyphosate in or on oats and

[[Page 19784]]

require glyphosate-containing product labels to explicitly prohibit 
preharvest use on oats. The petitioners have submitted this petition 
under the Federal Food, Drug, and Cosmetic Act (FFDCA) and the 
Administrative Procedure Act (APA) and as comments for consideration 
during the registration review of glyphosate under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA).

DATES: Comments must be received on or before June 5, 2019.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2019-0066, by one of the following methods:
     Federal eRulemaking Portal: http://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.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave., NW, Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Khue Nguyen, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: 703-347-0248; email address: 
nguyen.khue@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders, including environmental, 
human health, and agricultural advocates, the chemical industry, 
pesticide users, agricultural producers, food manufacturers, pesticide 
manufacturers, and members of the public interested in the sale, 
distribution, or use of pesticides. 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 http://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 seeks public comment during the next 30 days on a pesticide 
petition dated September 27, 2018 (available in docket number EPA-HQ-
OPP-2019-0066 at http://www.regulations.gov) from the EWG, Ben & 
Jerry's Homemade, Inc., Happy Family Organics, MegaFood, MOM's Organic 
Market, National Co+op Grocers, Nature's Path Foods Inc., One Degree 
Organic Foods USA, Inc., and Stonyfield Farms, Inc. The petitioners 
request that EPA reduce the glyphosate tolerance for oats from 30 parts 
per million (ppm) to 0.1 ppm and prohibit preharvest use on oats. The 
petition also requests that EPA require glyphosate-containing product 
labels to explicitly prohibit the use of glyphosate as a preharvest 
dessicant on oats. The petition is filed pursuant to section 408 of the 
FFDCA and section 553(e) of the Administrative Procedures Act.
    As part of their petition, the petitioners have submitted results 
of residue testing from the EWG of glyphosate levels in various 
granola, instant oat, breakfast cereal, and snack commodities. The 
petitioners claim that glyphosate is a possible carcinogen and that the 
current 30 ppm glyphosate tolerance on oats is not adequately 
protective of children. In addition, the petitioners request revisions 
to glyphosate labels that they believe will reduce the potential for 
children's dietary exposure to glyphosate in oat products.
    Background materials related to the FIFRA Scientific Advisory Panel 
(SAP) meeting to discuss the carcinogenic potential of glyphosate, 
including the transcript, the March 16, 2017 ``Transmission of Meeting 
Minutes and Final Report of the December 13-16, 2016 FIFRA SAP Meeting 
Held to Consider and Review Scientific Issues Associated with EPA's 
Evaluation of the Carcinogenic Potential of Glyphosate'', and EPA's 
December 12, 2017 ``Response to the Final Report of the Federal 
Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel 
(FIFRA SAP) on the Evaluation of the Human Carcinogenic Potential of 
Glyphosate'' are available online at: https://cfpub.epa.gov/si/si_public_record_Report.cfm?Lab=OPP&dirEntryId=337935.
    EPA's December 12, 2017 ``Revised Glyphosate Issue Paper: 
Evaluation of Carcinogenic Potential, its December 12, 2017 Glyphosate 
Draft Human Health Risk Assessment for Registration Review'', and its 
September 8, 2015 ``Registration Review--Preliminary Ecological Risk 
Assessment for Glyphosate and its Salts'' are available online at: 
https://www.epa.gov/ingredients-used-pesticide-products/draft-human-health-and-ecological-risk-assessments-glyphosate. The Agency's 
Proposed Interim Registration Review Decision for glyphosate is also 
available for public comment in docket EPA-HQ-OPP-2009-0361 at http://www.regulations.gov.


[[Page 19785]]


    Dated: April 24, 2019.
Charles Smith,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2019-09221 Filed 5-3-19; 8:45 am]
BILLING CODE 6560-50-P


