[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Proposed Rules]
[Pages 11401-11402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03676]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2023-0069; FRL-10579-01-OCSPP]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities January 2023

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification 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 March 27, 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, 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.

[[Page 11402]]

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--Amend Tolerances for Non-Inerts

    1. PP 2E9030. EPA-HQ-OPP-2022-0887. 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 amend 40 CFR 180.677 by removing established 
tolerances for residues of the insecticide, cyflumetofen: (2-
methoxyethyl [alpha]-cyano-[alpha]-[4-(1,1-dimethylethyl)phenyl]-
[beta]-oxo-2-(trifluoromethyl)benzenepropanoate), including its 
metabolites and degradates, in or on the following raw agricultural 
commodities: Cucumber at 0.3 parts per million (ppm); grape at 0.60 
ppm; and strawberry at 0.6 ppm. Contact: RD.
    2. PP 2E9032. EPA-HQ-OPP-2022-0958. FMC Corporation, 2929 Walnut 
Street, Philadelphia, PA 19104, requests to amend the tolerance in 40 
CFR 180.672 for residues of the cyantraniliprole, in or on olive at 3.0 
ppm. The Adequate analytical methodology, high[hyphen]pressure liquid 
chromatography with ESI[hyphen]MS/MS detection, is available for 
enforcement purposes is used to measure and evaluate the chemical, 
cyantraniliprole. Contact: RD.

B. New Tolerances for Non-Inerts

    1. PP 2E9030. EPA-HQ-OPP-2022-0887. 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 180.677 for residues of the insecticide, 
cyflumetofen: (2-methoxyethyl [alpha]-cyano-[alpha]-[4-(1,1-
dimethylethyl)phenyl]-[beta]-oxo-2-(trifluoromethyl)benzenepropanoate), 
including its metabolites and degradates, in or on the following raw 
agricultural commodities: Berry, low growing, subgroup 13-07G at 0.6 
ppm; fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-
07F at 0.6 ppm; and vegetable, cucurbit, group 9 at 2 ppm. Analytical 
method LC-MS/MS was used to measure and evaluate the chemical. Contact: 
RD.
    2. PP 2E9032. EPA-HQ-OPP-2022-0958. FMC Corporation, 2929 Walnut 
Street, Philadelphia, PA 19104, requests to establish a tolerance in 40 
CFR part 180 for residues of the insecticide, cyantraniliprole, in or 
on grape, table at 2.0 ppm; avocado at 0.4 ppm; and mango at 0.7 ppm. 
The adequate analytical methodology, high[hyphen]pressure liquid 
chromatography with ESI-MS/MS detection, is available for enforcement 
purposes is used to measure and evaluate the chemical, 
cyantraniliprole. Contact: RD.

C. Amended Tolerance Exemptions for Non-Inerts (Except PIPS)

    1. PP 1E8975. EPA-HQ-OPP-2022-0797. IR-4, North Carolina State 
University, 1730 Varsity Drive, Suite 210, Venture IV, Raleigh, NC 
27606, on behalf of Texas Corn Producers Board, 4205 N. Interstate 27, 
Lubbock, Texas 79403, requests to amend an exemption from the 
requirement of a tolerance in 40 CFR part 180.1338 for residues of the 
fungicides Aspergillus flavus strains TC16F, TC35C, TC38B, and TC46G in 
or on all food and feed commodities of field corn, popcorn, and sweet 
corn. The petitioner believes no analytical method is needed because it 
is expected that, when used as proposed, Aspergillus flavus strains 
TC16F, TC35C, TC38B, and TC46G will not result in residues that are of 
toxicological concern. Contact: BPPD.

D. New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11713. EPA-HQ-OPP-2023-0039. Delta Analytical Corporation, 
12510 Prosperity Drive Suite 160, Silver Spring, Maryland 20904, on 
behalf of Borchers Americas, Inc., 811 Sharon Drive, Westlake, OH 44145 
requests to establish an exemption from the requirement of a tolerance 
for residues of oxirane, 2-methyl-, polymer with oxirane, ether with D-
glucitol (6:1), (CAS Reg. No. 56449-05-9), with a minimum average 
molecular weight (in amu) of 10,145 when used as a pesticide inert 
ingredient in pesticide formulations under 40 CFR 180.960. 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-11716. EPA-HQ-OPP-2023-0003. Spring Regulatory Sciences 
(6620 Cypresswood Dr., Suite 250 S pring, TX 77379) on behalf of Evonik 
Corporation (P.O. Box 34628, Richmond, Virginia 23234), requests to 
establish an exemption from the requirement of a tolerance for residues 
of oxirane, methyl-, polymer with oxirane, monobutyl ether (CAS Reg. 
No. 9038-95-3) minimum number average molecular weight 800 g/mol and 
oxirane, 2-methyl-, polymer with oxirane, monomethyl ether (CAS Reg. 
No. 9063-06-3) minimum number average molecular weight 800 g/mol when 
used as a pesticide inert ingredient (adjuvant, carrier, diluent, or 
solvent) in pesticide formulations applied pre- and post-harvest under 
40 CFR 180.910 and in/on animals under 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.

E. New Tolerance Exemptions for PIPS

    1. PP 2F29001. EPA-HQ-OPP-2022-0988. Pioneer Hi-Bred International, 
Inc., 8325 NW 62nd Avenue Johnston, IA 50131, USA, requests to 
establish an exemption from the requirement of a tolerance in 40 CFR 
part 174 for residues of the plant-incorporated protectant (PIP) 
Bacillus thuringiensis Cry1B.34 protein in or on maize. The analytical 
method a validated ELISA was used to determine the concentration of 
Cry1Da2 protein in maize tissues, including grain and forage is 
available to EPA for the detection and measurement of the pesticide 
residues. Contact: BPPD.
    2. PP 2F9003. EPA-HQ-OPP-2023-0022. Pioneer Hi-Bred International, 
Inc., 7100 NW 62nd Avenue, P.O. Box 1000, Johnston, Iowa 50131, 
requests to establish an exemption from the requirement of a tolerance 
in 40 CFR part 174 for residues of the plant-incorporated protectant 
(PIP) Bacillus thuringiensis Cry1Da2 protein in or on maize. The 
analytical method a validated ELISA was used to determine the 
concentration of Cry1Da2 protein in maize tissues, including grain and 
forage is available to EPA for the detection and measurement of the 
pesticide residues. Contact: BPPD.

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

    Dated: February 13, 2023.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2023-03676 Filed 2-22-23; 8:45 am]
BILLING CODE 6560-50-P


