[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Proposed Rules]
[Pages 17778-17780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06112]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2023-0069; FRL-10579-02-OCSPP]


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

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 April 24, 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

[[Page 17779]]

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. Amended Tolerances for Non-Inerts

    PP 2F9021. EPA-HQ-OPP-2020-0250. BASF Corporation Agricultural 
Solutions, 26 Davis Drive; P.O. Box 13528, Research Triangle Park, NC 
27709, requests to amend 40 CFR part 180.473 by modifying the 
tolerances for residues of Glufosinate to include residues of L-
Glufosinate-ammonium, glufosinate-P-ammonium [(2S)-2-amino-4-
(hydroxymethylphosphinyl) butanoic acid -monoammonium salt] as measured 
by the sum of glufosinate (2-amino-4-(hydroxymethylphosphinyl)butanoic 
acid) and its metabolites, 2- (acetylamino)-4-(hydroxymethyl 
phosphinyl) butanoic acid, and 3- (hydroxymethylphosphinyl) propanoic 
acid, expressed as 2-amino-4-(hydroxymethylphosphinyl)butanoic acid 
equivalents in or on, in or on canola, meal at 1.1 parts per million 
(ppm); cattle, fat at 0.40 ppm; cattle, meal at 0.15 ppm; cattle, meat 
byproducts at 6.0 ppm; corn, field, forage at 4.0 ppm; corn, field, 
grain at 0.20 ppm; corn, field, stover at 6.0 ppm; corn, sweet, forage 
at 1.5 ppm; corn, sweet, kernels plus cob with husks removed at 0.30 
ppm; corn, sweet, stover at 6.0 ppm; cotton, gin byproducts at 30 ppm; 
cotton, seed, subgroup C at 15.00 ppm; egg at 0.15 ppm; goat, fat at 
0.40 ppm; goat, meat at 0.15 ppm; goat, meat byproducts at 6.0 ppm; 
grain aspirated fractions at 25.00 ppm; hog, fat at 0.40 ppm; hog, meat 
at 0.15 ppm; hog, meat byproducts at 6.0 ppm; horse, fat at 0.40 ppm; 
horse, meat at 0.15 ppm; horse, meat byproducts at 6.0 ppm; milk at 
0.15 ppm; poultry, fat at 0.15 ppm; poultry, meat at .15 ppm; poultry, 
meat byproducts at 0.60 ppm; rapeseed, subgroup 20A at 0.4 ppm; sheep, 
fat at 0.40 ppm; sheep, meat at 0.15 ppm; sheep, meat byproducts at 6.0 
ppm; soybean at 2.0 ppm; soybean, hulls at 10.0 ppm and tolerances for 
indirect or inadvertent residues on barley, hay at 0.4 ppm; barley, 
straw at 0.4 ppm; buckwheat, fodder at 0.4 ppm; buckwheat, forage at 
0.4 ppm; oat, forage at 0.4 ppm; oat, hay at 0.4 ppm; oat, straw at 0.4 
ppm; rye, forage at 0.4 ppm; rye, straw at 0.4 ppm; teosinte at 0.4 
ppm; triticale at 0.4 ppm; wheat, forage at 0.4 ppm; wheat, hay at 0.4 
ppm; and wheat, straw at 0.4 ppm. The analytical methods water 
extraction, filtration, addition of an isotopically labeled internal 
standard followed by solid phase extraction and high-performance liquid 
chromatography-electrospray ionization/tandem mass spectrometry (LC/MS/
MS) are used to measure and evaluate the chemical L-glufosinate 
ammonium. Contact: RD.

B. New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11504. EPA-HQ-OPP-2021-0173. Landis International, Inc. 
(3185 Madison Highway, Valdosta, GA 31603) on behalf of CJB Applied 
Technologies, LLC (1105 Innovation Way, P.O. Box 5724, Valdosta, GA 
31603) requests to amend 40 CFR part 180.910 in order to permit benzyl 
alcohol (CAS Reg No. 100-51-6) as an adjuvant included in formulations 
of pre-harvest crop protection products at concentrations up to 60% of 
the formulation, and a tank mix-adjuvant added to pre-harvest spray 
mixtures that contain crop protection products. 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-11624. EPA-HQ-OPP-2022-0942. Technology Sciences Group 
Inc. (1150 18th Street NW, Suite 1000, Washington, DC 20036, on behalf 
of Veto-Pharma (SAS12-14 Rue de la Croix-Martre 91120 Palaiseau, 
France), requests to establish an exemption from the requirement of a 
tolerance in 40 CFR 180.910 for residues of erucamide (CAS Reg. No.112-
84-5) as a lubricant inert ingredient in pesticide formulations when 
applied on the raw agricultural commodities honey and honeycomb. 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-11658. EPA-HQ-OPP-2023-0065. Exponent (980 9th Street, 
16th Floor, Sacramento, CA 95814), On behalf of UPL NA Inc. (EPA 
Company Number 70506; 630 Freedom Business Center, Suite 402, King of 
Prussia, PA 19406), requests to establish an exemption from the 
requirement of a tolerance for residues of baicalin in both the 
anhydrous (CAS Reg. No. 21967-41-9) and hydrous (CAS Reg. No. 206752-
33-2) forms, when used as a pesticide inert ingredient as a 
(stabilizer) in pesticide formulations under 40 CFR 180.920 at a 
maximum concentration of 10% in the end-use formulation. The petitioner 
believes no analytical method is needed because it is not required for

[[Page 17780]]

an exemption from the requirement of a tolerance. Contact: RD.

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

    1. PP 1F8927. EPA-HQ-OPP-2023-0008. Danisco US, Inc., 925 Page Mill 
Road, Palo Alto, CA 94304, requests to establish exemptions from the 
requirement of a tolerance in 40 CFR part 180 for residues of the 
fungicide, bactericide and nematicide Gluconobacter cerinus strain 
BC18B and Hanseniaspora uvarum strain BC18Y in or on all food 
commodities. The petitioner believes no analytical method is needed 
because a petition from the required tolerance is being proposed. 
Contact: BPPD.
    2. PP 1F8955. EPA-HQ-OPP-2023-0143. Marrone Bio Innovations, D/B/A 
Marrone Bio Innovations, Inc., 1540 Drew Avenue, Davis, CA 95618, 
requests to establish an exemption from the requirement of a tolerance 
in 40 CFR part 180 for residues of the insecticide, fungicide, 
miticide, and nematicide inactivated Burkholderia rinojensis A396 cells 
and spent fermentation media in or on all agricultural commodities. The 
petitioner believes no analytical method is needed because a petition 
for exemption from a tolerance is being submitted. Contact: BPPD.
    3. PP 2F8991. EPA-HQ-OPP-2023-0083. BioConsortia, Inc., 279 
Cousteau Place, Davis, CA 95618, requests to establish an exemption 
from the requirement of a tolerance in 40 CFR part 180 for residues of 
the fungicide and bactericide Bacillus velenzensis strain 11604 in or 
on all food and feed commodities. The petitioner believes no analytical 
method is needed because a petition from the required tolerance is 
being proposed. Contact: BPPD.
    4. PP 2F9017. EPA-HQ-OPP-2023-0146. UPL NA Inc., 630 Freedom 
Business Center, Suite 402, King of Prussia, PA 19406, requests to 
establish an exemption from the requirement of a tolerance in 40 CFR 
part 180 for residues of the insecticide and nematicide Bacillus 
licheniformis strain 414-01 in or on all raw agricultural commodities. 
The petitioner believes no analytical method is needed because of the 
lack of toxicity and pathogenicity demonstrated in the available 
toxicological data. Contact: BPPD.

D. New Tolerance Exemptions for PIPS

    IN 11746. EPA-HQ-OPP-2022-0990. 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) inert ingredient DGT-28 EPSPS protein derived from Streptomyces 
sviceus in or on maize. The analytical method a validated ELISA was 
used to determine the concentration of DGT-28 EPSPS protein in maize 
tissues, including grain and forage is available to EPA for the 
detection and measurement of the inert residues. Contact: BPPD.

E. New Tolerances for Non-Inerts

    1. PP 0F8857. EPA-HQ-OPP-2021-0290. This posting is amending the 
previous NOF dated October 21, 2021, by announcing commodities that 
were not included in the previous NOF. Taminco US LLC, a subsidiary of 
Eastman Chemical Company, 200 S Wilcox Drive, Kingsport, TN 37660-5147, 
requests to establish a tolerance in 40 CFR part 180 for residues of 
the plant growth regulator chlormequat chloride in or on Aspirated 
grain fractions (AGF) at 30 ppm; barley, hay at 90 ppm; barley, straw 
at 50 ppm; horse, meat byproducts at 1 ppm; horse, meat at 0.2 ppm; 
oat, forage at 15 ppm; oat, hay at 100 ppm; oat, straw at 50 ppm; 
wheat, bran at 15 ppm; wheat, germ at 20 ppm; wheat, forage at 30 ppm; 
wheat, hay at 90 ppm; and wheat, straw at 80 ppm. The validated LC/MS/
MS method is used to measure and evaluate the chemical residues of 
chlormequat chloride in plants and animal products. Contact: OPP-RD.
    2. 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 ppm. The LC/MS/MS analysis is 
used to measure and evaluate the chemical sulfoxaflor, 1-(6-
trifluoromethylpyridin-3-yl) ethyl(methyl)-oxido-l4-
sulfanylidenecyanamide. Contact: RD.
    3. PP2F8983.EPA-HQ-OPP-2022-0354.Valent U.S.A. LLC, 4600 Norris 
Canyon Road, P.O. Box 5075, San Ramon, CA 94583, requests to establish 
a tolerance in 40 CFR part 180 for residues of theherbicide 
epyrifenacil in or oncanola, seed at0.005 ppm; corn, field, forage at 
0.01 ppm; corn, field, stover at 0.01 ppm; corn, field, seed at 0.005 
ppm; corn, field, hulls at 0.005 ppm; corn, field, meal at 0.005 ppm; 
soybean, forage at 0.01 ppm; soybean, hay at 0.01 ppm; soybean, seed at 
0.005 ppm; soybean, hulls at 0.005 ppm; soybean, meal at 0.005 ppm; 
wheat, seed at 0.005 ppm; wheat, forage at 0.01 ppm; wheat, hay at 0.01 
ppm; wheat, straw at 0.01 ppm; wheat, bran at 0.005 ppm; wheat, flour 
at 0.005 ppm; wheat, middlings at 0.005 ppm; wheat, shorts at 0.005 
ppm; and wheat, germ at 0.005 ppm. Thehigh-performance LC/MS/MS methods 
are used to measure and evaluate the chemicalepyrifenacil (S-3100). 
Contact: RD.

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

    Dated: March 20, 2023.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2023-06112 Filed 3-23-23; 8:45 am]
BILLING CODE 6560-50-P


