[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Proposed Rules]
[Pages 68959-68960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25071]



[[Page 68959]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0053; FRL-9410-07-OCSPP]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities October 2022

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 19, 2022.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2020-0053, 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: Dan Rosenblatt, Registration Division 
(RD) (7505T), main telephone number: (202) 566-2875, email address: 
[email protected]. The mailing address 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.

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, 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-11655. EPA-HQ-OPP-2022-0850. Corteva Agriscience, 9330 
Zionsville Road, Indianapolis, IN 46268, requests to amend the 
tolerance descriptor under 40 CFR 180.560 for residues of cloquintocet-
mexyl acetic acid, 5-chloro-8-quniolinyl oxy-, 1-methylhexyl ester (CAS 
Reg. No. 99607-70-2) and its acid metabolite 5-chloro-8-
quinlinoxyacetic acid under 40 CFR 180.560, to include the use of these 
chemicals in combination with the active ingredient, tolpyralate. This 
action will not change the magnitude of the residues already 
established for this safener, but instead would now permit its use in 
combination with the active ingredient tolpyralate. Adequate 
enforcement methodologies have already been published in the Federal 
Register on June 29, 2011 (76 FR 38035) (FRL-8877-2). The two 
enforcement methods available are: High performance liquid 
chromatography with ultraviolet detection (HPLC-UV) method REM 138.01 
for the determination of cloquintocet-mexyl parent and the HPLC-UV 
method REM 138.10, which allows for determination of its acid 
metabolite. Contact: RD

B. New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11699. EPA-HQ-OPP-2022-0844. Ingredion Incorporated, 5 
Westbrook Corporate Center, Westchester, IL 60154, requests to

[[Page 68960]]

establish an exemption from the requirement of a tolerance for residues 
of dextrin, hydrogen 1-octenylbutanedioate (CAS Reg. No. 68070-94-0), 
when used as an inert ingredient in pesticide formulations under 40 CFR 
180.920 for use as a seed treatment only. 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-11696. EPA-HQ-OPP-2022-0848. Rosen's Inc., 700 SW 291 Hwy, 
Suite 204, Liberty, MO 64068, requests to establish an exemption from 
the requirement of a tolerance for residues of the inert ingredient 
potassium polyaspartate (CAS Reg. No. 64723-18-8) when used as a 
complexing agent at no more than 10% in pesticide formulations 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
    3. PP IN-11715. EPA-HQ-OPP-2022-0841. Ingredion Incorporated, 5 
Westbrook Corporate Center, Westchester, IL 60154, requests to 
establish an exemption from the requirement of a tolerance for residues 
of amylopectin, 2-hydroxypropyl ether, acid-hydrolyzed (CAS Reg. No. 
2756130-86-4), when used as an inert ingredient in pesticide 
formulations under 40 CFR 180.920 for use as a seed treatment only. 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. New Tolerances for Non-Inerts

    1. PP 1E8951. EPA-HQ-OPP-2021-0658. 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 a tolerance in 40 CFR 180.658 for residues 
of penthiopyrad N-2-1,3-dimethylbutyl-3-thienyl-1-methyl-3-
trifluoromethyl-1H-pyrazole-4-carboxamide including its metabolites and 
degradates, in or on banana at 2 parts per million (ppm). A high-
performance liquid chromatography method with tandem mass spectrometry 
(LC-MS/MS) detection, is used to measure and evaluate the chemical. 
Contact: RD.
    2. PP 0F8890. EPA-HQ-OPP-2021-0529. Syngenta Crop Protection, LLC, 
410 Swing Road, P.O. Box 18300, Greensboro, NC 27410, requests to 
establish a tolerance in 40 CFR part 180 for inadvertent residues of 
the fluazifop-p-butyl metabolite 5-Trifluoromethyl-2-Pyridone TFP in or 
on corn forage and grain at 0.01 ppm and corn stover at 0.015 ppm. The 
methods GRM044.09A, MRMT Multi Residue Method Test using QuEChERS, ILV, 
and Radiovalidation of GRM044.09A are used to measure and evaluate the 
chemical fluazifop-p-butyl metabolite TFP. Contact: RD.
    3. PP 1F8979. EPA-HQ-OPP-2022-0452. Gowan Company, LLC., 370 South 
Main Street, Yuma, AZ 85364, requests to establish a tolerance in 40 
CFR part 180 for residues of the miticide acynonapyr, 3-endo-2-propoxy-
4-trifluoromethyl phenoxy-9-5-trifluoromethyl-2-pyridyloxy-9-azabicyclo 
3.3.1 nonane and its metabolites AP, 3-endo-2-propoxy-4-trifluoromethyl 
phenoxy-9-azabicyclo 3.3.1 nonane, and AY, 5-trifluoromethyl-2-
pyridinol in or on almond at 0.03 ppm; almond, hulls at 4.0 ppm; crop 
group 10-10; citrus fruits at 0.3 ppm; citrus, oil at 15.0 ppm; orange, 
dried pulp at 0.7 ppm; grape at 0.6 ppm; raisins at 3.0 ppm; hops at 
50.0 ppm; crop group 11-10, pome fruits at 0.2 ppm; and apple, wet 
pomace at 0.4 ppm. LC-MS/MS detection is used to measure and evaluate 
the chemical acynonapyr and its metabolites AP, AP-2, AY, AY-3, and AY-
1-Glc. Contact: RD.

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

    Dated: November 8, 2022.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2022-25071 Filed 11-16-22; 8:45 am]
BILLING CODE 6560-50-P


