[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Proposed Rules]
[Pages 52868-52870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18675]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2022-0161; FRL-9410-04-OCSPP]


Receipt of Pesticide Petitions Filed for Residues of Pesticide 
Chemicals in or on Various Commodities--July 2022

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notices of filing of petitions and request for comment.

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

SUMMARY: This document announces the Agency's receipt of initial 
filings of pesticide petitions 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 29, 2022.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition (PP) of interest identified in 
Unit II., 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. For the latest status information 
on EPA/DC services and access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration 
Division (RD) (7505T), main telephone number: (202) 566-1030, 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

[[Page 52869]]

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 CBI to EPA through https://www.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//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 pesticide petitions 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 174 or part 180 for residues of pesticide 
chemicals in or on various food commodities. The Agency is taking 
public comment on the requests before responding to the petitioners. 
EPA is not proposing any particular action at this time. EPA has 
determined that the pesticide petitions described in this document 
contain data or information prescribed in FFDCA section 408(d)(2), 21 
U.S.C. 346a(d)(2), and 40 CFR 180.7(b); however, EPA has not fully 
evaluated the sufficiency of the submitted data at this time or whether 
the data supports granting of the pesticide petitions. 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 these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), summaries of the petitions that are 
the subject of this document, prepared by the petitioners, are included 
in dockets EPA has created for these rulemakings. The dockets for these 
petitions are 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 petitions so that the public has an 
opportunity to comment on these requests for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petitions may be obtained 
through the petition summaries referenced in this unit.

A. Amended Tolerances for Non-Inerts

    PP 1F8970. EPA-HQ-OPP-2022-0493. Syngenta Crop Protection, LLC., 
P.O. Box 18300, Greensboro, NC 27419-8300, requests to establish a 
tolerance in 40 CFR part 180 for residues of the fungicide, mefenoxam 
in or on leafy greens subgroup, 4-16A (except spinach) at 5 parts per 
million (ppm); brassica leafy greens subgroup 4-16B at 5 ppm; brassica 
head and stem vegetable crop group 5-16 at 2 ppm; stalk and stem 
vegetable subgroup 22A (except celtuce, florence fennel and kohlrabi) 
at 7 ppm; celtuce at 5 ppm; florence fennel at 5 ppm; kohlrabi at 2 
ppm; leaf petiole vegetable subgroup 22B at 5 ppm; fruiting vegetables 
subgroup 8-10 at 1 ppm; succulent shelled pea and bean crop subgroup 6B 
at 0.2 ppm; and cottonseed crop subgroup 20C at 0.1 ppm. The analytical 
method Syngenta Crop Protection Analytical Method ``Link K (2016) 
Metalaxyl--Analytical Method GRM075.01A for the Determination of 
Residues of Metalaxyl on Structurally Related Metabolites as Common 
Moiety 2,6-Dimethylaniline (CGA72649) in Crops'' is used to measure and 
evaluate the chemical mefenoxam. Contact: RD.

B. New Tolerance Exemptions for Inerts (Except PIPs)

    1. PP IN-11671. EPA-HQ-OPP-2022-0505. Eastman Chemical Company, 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 180.960 for residues of 1,3-Benzenedicarboxylic acid, 5-sulfo-, 
sodium salt (1:1), polymer with 1,3-benzenedicarboxylic acid, 1,4-
cyclohexanedimethanol and 2,2'-oxybis[ethanol] (CAS Reg. No. 54590-72-
6), when used as a pesticide inert ingredient (dispersant and/or 
emulsifier) in pesticide formulations. 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-11672. EPA-HQ-OPP-2022-0596. Milliken Chemical, A Division 
of Milliken & Company, 920 Milliken Road, Spartanburg, SC 29303, 
requests to establish an exemption from the requirement of a tolerance 
for residues of poly(oxy-1,2-ethanediyl), [alpha],[alpha]'-[[[4-[2-(4-
methyl-2-benzothiazolyl)diazenyl]phenyl]imino]di-2,1-
ethanediyl]bis[[omega]-hydroxy- (CAS Reg. No. 158172-12-4) when used as 
a pesticide inert ingredient (colorant) in pesticide formulations 
applied 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-11698. EPA-HQ-OPP-2022-0595. Spring Regulatory Sciences, 
6620 Cypresswood Dr., Suite 250, Spring, TX 77379 on behalf of 
Colorants Solutions USA LLC, 4000 Monroe Road, Charlotte, NC 28205, 
requests to establish an exemption from the requirement of a tolerance 
for residues of 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-
9,10-anthracenedione (CAS Reg. No. 123944-63-8) when used as a 
pesticide inert ingredient (colorant/dye) in pesticide formulations 
applied pre- and post-harvest under 40 CFR 180.910, in/on animals under 
180.930 and use in antimicrobial formulations, food-contact surface 
sanitizing solutions under 180.940(a). The petitioner believes no 
analytical method is needed because it is not required for an exemption 
from the requirement of a tolerance. Contact: RD.

[[Page 52870]]

C. New Tolerances for Inerts

    PP 1E8945. EPA-HQ-OPP-2021-0853. Corteva Agriscience, 9330 
Zionsville Rd., Indianapolis, IN 46268, requests to establish a 
tolerance in 40 CFR part 180 for residues of the insecticide, 
sulfoxaflor, in or on the raw agricultural commodity coffee, green bean 
at 0.3 ppm and coffee, instant at 0.5. The liquid chromatography/mass 
spectroscopy/mass spectroscopy (LC/MS/MS analysis) is used to measure 
and evaluate the chemical sulfoxaflor, 1-(6-trifluoromethylpyridin-3-
yl) ethyl(methyl)-oxido-[lambda]4-sulfanylidenecyanamide. Contact: RD.

D. New Tolerances for Non-Inerts

    1. PP 1E8933. EPA-HQ-OPP-2022-0671. Bayer CropScience, 800 N 
Lindbergh Blvd., St. Louis, MO 63141, requests to establish a tolerance 
in 40 CFR part 180 for residues of the insecticide deltamethrin, in or 
on pea and bean, dried shelled, except soybean (crop group 6c) at 0.07 
ppm. The gas chromatography equipped with an electron capture detector 
(GC/ECD) is used to measure and evaluate the chemical deltamethrin. 
Contact: RD.
    2. PP 1F8971. EPA-HQ-OPP-2022-0493. Syngenta Crop Protection, LLC., 
P.O. Box 18300, Greensboro, NC 27419-8300, requests to establish a 
tolerance in 40 CFR part 180 for inadvertent residues of the fungicide, 
mefenoxam in or on sugarcane at 0.1 ppm. The analytical method Syngenta 
Crop Protection Analytical Method ``Link K (2016) Metalaxyl--Analytical 
Method GRM075.01A for the Determination of Residues of Metalaxyl on 
Structurally Related Metabolites as Common Moiety 2,6-Dimethylaniline 
(CGA72649) in Crops'' is used to measure and evaluate the chemical 
mefenoxam. Contact: RD.
    3. PP 1F8977. EPA-HQ-OPP-2022-0575. ADAMA AGAN c/o Makhteshim Agan 
of North America, Inc. (d/b/a ADAMA), 3120 Highwoods Blvd., Suite 100, 
Raleigh, NC 27604, requests to establish a tolerance in 40 CFR part 180 
for residues of the herbicide metamitron in or on pome fruit (crop 
group 11-10) at 0.01 ppm. The HPLC employing tandem mass spectrometric 
(MS/MS) detection (LC-MS/MS) is used to measure and evaluate the 
chemical metamitron. Contact: RD.
    4. PP F8997. EPA-HQ-OPP-2022-0597. 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 fungicide, Oxathiapiprolin, in 
or on peanut hay at 0.15 ppm. The adequate analytical methodology, 
high-pressure liquid chromatography with MS/MS detection, is available 
for enforcement purposes is used to measure and evaluate the chemical 
Oxathiapiprolin. Contact: RD.

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

    Dated: August 25, 2022.
Brian Bordelon,
Acting Director, Information Technology and Resources Management 
Division, Office of Program Support.
[FR Doc. 2022-18675 Filed 8-29-22; 8:45 am]
BILLING CODE 6560-50-P


