[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Proposed Rules]
[Pages 38-41]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28524]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0053; FRL-9410-08-OCSPP]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities November 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 February 2, 2023.

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: 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).

[[Page 39]]

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. 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 Non-Inerts 
(Except PIPS)

    PP 2E8988. EPA-HQ-OPP-2022-0940. The Interregional Research Project 
Number 4 (IR-4), North Carolina State University, 1730 Varsity Drive, 
Suite 210, Venture IV, Raleigh, NC 27606, on behalf of Arizona Cotton 
Research and Protection Council, 3721 East Wier Avenue, Phoenix, 
Arizona 85040-2933, requests to amend an exemption from the requirement 
of a tolerance in 40 CFR 180.1206 for residues of the fungicide 
Aspergillus flavus strain AF36 in or on all food and feed commodities 
of cotton, corn, pistachio, almond, and fig. The petitioner believes no 
analytical method is needed because it is expected that, when used as 
proposed, Aspergillus flavus strain AF36 will not result in residues 
that are of toxicological concern. Contact: BPPD.

B. Amended Tolerances for Non-Inerts

    1. PP 2E8982. EPA-HQ-OPP-2022-0300. IR-4, North Carolina State 
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC 
27606, requests to remove the tolerances in 40 CFR 180.572 for residues 
of bifenazate in or on bean, dry seed; cotton, undelinted seed; fruit, 
stone, group 12 except plum; grape; longan; lychee; nut, tree, group 
14; okra; pea and bean, succulent shelled, subgroup 6B; pistachio; 
plum; soybean, succulent shelled; spanish lime; strawberry; and 
vegetable, legume, edible-podded, subgroup 6A. Adequate analytical 
methods for determining bifenazate in/on appropriate raw agricultural 
commodities and processed commodities have been developed and 
validated. Contact: RD.
    2. PP 2E8994. EPA-HQ-OPP-2022-0384. IR-4, North Carolina State 
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC 
27606, requests to remove the tolerances in 40 CFR 180.635 for residues 
of spinetoram in or on asparagus, and spice, subgroup 19B, except black 
pepper. Adequate analytical methods for determining spinetoram in/on 
appropriate raw agricultural commodities and processed commodities have 
been developed and validated. Contact: RD.

C. Amended Tolerances for Non-Inerts

    1. PP 2E8982. EPA-HQ-OPP-2022-0300. IR-4, North Carolina State 
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC 
27606, requests to remove the tolerances in 40 CFR 180.572 for residues 
of bifenazate in or on bean, dry seed; cotton, undelinted seed; fruit, 
stone, group 12 except plum; grape; longan; lychee; nut, tree, group 
14; okra; pea and bean, succulent shelled, subgroup 6B; pistachio; 
plum; soybean, succulent shelled; spanish lime; strawberry; and 
vegetable, legume, edible-podded, subgroup 6A. Adequate analytical 
methods for determining bifenazate in/on appropriate raw agricultural 
commodities and processed commodities have been developed and 
validated. Contact: RD.
    2. PP 2E8993. EPA-HQ-OPP-2022-0386. IR-4, North Carolina State 
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC 
27606, requests to remove the tolerances in 40 CFR 180.495 for residues 
of spinosad in or on asparagus, and spice, subgroup 19B, except black 
pepper. Adequate analytical methods for determining spinosad in/on 
appropriate raw agricultural commodities and processed commodities have 
been developed and validated. Contact: RD.
    3. PP 2E8994. EPA-HQ-OPP-2022-0384. IR-4, North Carolina State 
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC 
27606, requests to remove the tolerances in 40 CFR 180.635 for residues 
of spinetoram in or on asparagus, and spice, subgroup 19B, except black 
pepper. Adequate analytical methods for determining spinetoram in/on 
appropriate raw agricultural commodities and processed commodities have 
been developed and validated. Contact: RD.
    4. PP 2E9000. EPA-HQ-OPP-2022-0832. IR-4, North Carolina State 
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC 
27606, requests to remove the tolerances in 40 CFR 180.613 for residues 
of flonicamid

[[Page 40]]

in or on fruit, stone group 12-12, at 0.6 parts per million (ppm), pea 
and bean, dried shelled, except soybean, subgroup 6C at 3.0 ppm, pea 
and bean, succulent shelled, subgroup 6B at 7.0 ppm, and vegetable, 
legume, edible podded, subgroup 6A at 4.0 ppm. Adequate analytical 
methods for determining flonicamid in/on appropriate raw agricultural 
commodities and processed commodities have been developed and 
validated. Contact: RD.

D. Notice of Filing--New Tolerance Exemptions for Non-Inerts (Except 
PIPS)

    1. PP 2F9025. EPA-HQ-OPP-2022-0914. Oro-Agri Inc., 2788 S Maple 
Ave., Fresno, CA 93725 requests to establish an exemption from the 
requirement of a tolerance in 40 CFR part 180 for residues of the 
fungicide, insecticide and acaricide sweet orange oil in or on all food 
commodities. The analytical method, gas chromatography, is available to 
EPA for the detection and measurement of the pesticide residues. 
Contact: BPPD.
    2. PP 2G9024. EPA-HQ-OPP-2022-0932. GreenLightBiosciences, Inc., 
200 Boston Ave., Suite 1000, Medford, MA 02155, requests to establish 
an exemption from the requirement of a tolerance in 40 CFR part 180 for 
residues of the double-stranded RNA insecticide Ledprona (CAS No. 
2433753-68-3) in or on all agricultural commodities and food products. 
The petitioner believes no analytical method is needed because based on 
the low toxicity demonstrated in the available toxicological data and 
given that a temporary exemption from the requirement for establishing 
a tolerance for residues is being proposed. Contact: BPPD.

E. New Tolerance Exemptions for Inerts (Except PIPS)

    1. 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 limited to 0.3% by weight 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.
    2. PP IN-11711. EPA-HQ-OPP-2022-0921. Delta Analytical Corporation, 
12510 Prosperity Drive, Suite 160, Silver Spring, MD 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 for Oxirane, 2-methyl-, polymer with oxirane, ether with 
1,2,3-propanetriol (3:1) (CAS Reg. No. 9082-00-2) with a minimum number 
average molecular weight (in amu) of 6,175 when used as a pesticide 
inert ingredient (wetting agent) 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.
    3. PP IN-11727. EPA-HQ-OPP-2022-0931. Nouryon Chemicals LLC, c/o 
Keller and Heckman LLP, 1001 G Street NW, Suite 500 West, Washington, 
DC 20001, requests to establish an exemption from the requirement of a 
tolerance for residues of 2-propenoic acid, methyl-, polymer with butyl 
2-propenoate and methyl 2-methyl-2-propenoate compd. with 2-amino-2-
methyl-1-propanol (CAS Reg. No. 1203962-19-9), with a minimum number 
average molecular weight of 22,700 daltons, when used as an 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.
    4. PP IN-11729. EPA-HQ-OPP-2022-0935. Nouryon Chemicals LLC, c/o 
Keller and Heckman LLP, 1001 G Street NW, Suite 500 West, Washington, 
DC 20001, requests to establish an exemption from the requirement of a 
tolerance for residues of propanoic acid, 3-hydroxy-2- (hydroxymethyl)-
2-methyl-, polymer with 2-amino-2-methyl-1-1propanol, a-hydro-[omega]-
hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-isocyanato-1-
(isocyanatomethyl)-1,3,3-trimethylcyclohexane and methyloxirane polymer 
with oxirane ether with 4,4'-(1-methylethylidene)bis[phenol] (2:1), 
polyethylene-polypropylene glycol 2-aminopropyl Me ether-blocked, 
compds. with 2-amino-2-methyl-1-propanol (CAS Reg. No. 515152-49-5), 
with a minimum number average molecular weight of 6,800 daltons, when 
used as an 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.

F. New Tolerance Exemptions for PIPS

    PP 2F9010. EPA-HQ-OPP-2022-0939. Pioneer HiBred International, 
Inc., 7100 NW 62 Avenue P.O. Box 1000, Johnston, IA 50131-1000, 
requests to establish an exemption from the requirement of a tolerance 
in 40 CFR part 174 for residues of the plant-incorporated protectant 
(PIP) ingredient ophioglossum pendulum IPD079Ea protein in or on corn. 
The analytical method A validated ELISA was used to determine the 
concentration of IPD079Ea protein in maize tissues, including grain and 
forage is available to EPA for the detection and measurement of the 
pesticide residues. Contact: BPPD.

G. New Tolerances for Non-Inerts

    1. PP 1E8966. EPA-HQ-OPP-2022-0069. IR-4, North Carolina State 
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC 
27606, requests, pursuant to section 408(d) of the FFDCA, 21 U.S.C. 
346a(d), to amend 40 CFR part 180 by establishing a tolerance for 
residues of Trinexapac-ethyl in or on the raw agricultural commodity 
clover, forage at 8 ppm and clover, hay at 15 ppm. As a result of 
feeding clover that has been treated with trinexapac-ethyl to 
livestock, the following tolerances are proposed in livestock 
commodities: Cattle, fat and cattle, meat at 0.03 ppm; cattle, meat 
byproducts at 0.1 ppm; egg at 0.01 ppm; goat, fat and goat, meat at 
0.03 ppm; goat, meat byproducts at 0.1 ppm; hog, meat byproducts at 0.1 
ppm; milk at 0.01 ppm; horse, meat at 0.03 ppm; poultry, fat and 
poultry, meat at 0.01 ppm; poultry, meat byproducts at 0.1 ppm; sheep, 
fat and sheep, meat at 0.03 ppm; and sheep, meat byproducts at 0.1 ppm. 
Adequate analytical methods for determining trinexapac-ethyl in/on 
appropriate raw agricultural commodities and processed commodities have 
been developed and validated. Contact: RD.
    2. PP 2E8982. EPA-HQ-OPP-2022-0300. IR-4, North Carolina State 
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC 
27606, requests, pursuant to section 408(d) of the FFDCA, 21 U.S.C. 
346a(d), to amend 40 CFR part 180 by establishing tolerances for 
residues of bifenazate: Hydrazine carboxylic acid, 2-(4-methoxy-1,1'-
biphenyl-3-yl)1-methylethyl ester in or on the raw agricultural 
commodities of banana at 3 ppm; bushberry subgroup 13-07B at 3 ppm; 
cherry subgroup 12-12A at 2.5 ppm; cottonseed subgroup 20C at 0.75 ppm; 
nut, tree, group 14-12 at 0.2 ppm; peach subgroup 12-12B at 2.5 ppm;

[[Page 41]]

plantain at 3 ppm, plum subgroup 12-12C at 0.2 ppm; tropical and 
subtropical, small fruit, inedible peel, subgroup 24A at 5 ppm; edible 
podded bean subgroup 6-22A at 6 ppm, edible podded pea subgroup 6-22B 
at 6 ppm; succulent shelled bean subgroup 6-22C at 0.7 ppm; succulent 
shelled pea subgroup 6-22D at 0.7 ppm; and pulses, dried shelled bean, 
except soybean, subgroup 6-22E at 0.6 ppm. Adequate analytical methods 
for determining bifenazate in/on appropriate raw agricultural 
commodities and processed commodities have been developed and 
validated. Contact: RD.
    3. PP 2E8993. EPA-HQ-OPP-2022-0386. IR-4, North Carolina State 
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC 
27606, requests, pursuant to section 408(d) of the FFDCA, 21 U.S.C. 
346a(d), to amend 40 CFR part 180 by establishing tolerances for 
residues of spinosad in or on the raw agricultural commodities stalk 
and stem vegetable subgroup 22A at 0.4 ppm and spice group 26 at 1.7 
ppm. Adequate analytical methods for determining spinosad in/on 
appropriate raw agricultural commodities and processed commodities have 
been developed and validated. Contact: RD.
    4. PP 2E8994. EPA-HQ-OPP-2022-0384. IR-4, North Carolina State 
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC 
27606, requests, pursuant to section 408(d) of the FFDCA, 21 U.S.C. 
346a(d), to amend 40 CFR part 180 by establishing tolerances for 
residues of spinetoram in or on the raw agricultural commodities of 
stalk and stem vegetable subgroup 22A at 0.4 ppm and spice group 26 at 
1.7 ppm. Adequate analytical methods for determining spinetoram in/on 
appropriate raw agricultural commodities and processed commodities have 
been developed and validated. Contact: RD.
    5. PP 1F8976. EPA-HQ-OPP-2022-0455. UPL Delaware Inc., and UPL NA 
Inc., 630 Freedom Business Center, Suite 402, King of Prussia, PA 
19406, requests to establish a tolerance in 40 CFR part 180 for 
residues of the fungicide carboxin in or on crop subgroup 6-22F: 
Pulses, dried shelled pea at .2 ppm; pea, dry, forage at 0.4 ppm; and 
pea, dry, hay at 2 ppm. The GLC/MSD method and the Colorimetric Method 
is used to measure and evaluate the chemical Carboxin. Contact: RD.
    6. PP 2E9000. EPA-HQ-OPP-2022-0832. IR-4, North Carolina State 
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC 
27606, requests, pursuant to section 408(d) of the FFDCA, 21 U.S.C. 
346a(d), to amend 40 CFR part 180 by establishing tolerances for 
residues of the insecticide flonicamid and its metabolites and 
degradates determined by measuring flonicamid [N-(cyanomethyl)-4-
(trifluoromethyl)- 3-pyridinecarboxamide] and its metabolites TFNA (4-
trifluoromethylnicotinic acid), TFNA-AM (4-trifluoromethyl-
nicotinamide), and TFNG [N-(4-trifluoromethylnicotinoyl)glycine], 
calculated as the stoichiometric equivalent of flonicamid in or on the 
raw agricultural commodities: Bushberry crop subgroup 13-07B at 1.5 
ppm; caneberry crop subgroup 13-07A at 3 ppm; cherry subgroup 12-12A at 
0.6 ppm; corn, sweet, kernel plus cob with husks removed at 0.4 ppm; 
corn, sweet, forage at 9 ppm; corn, sweet, stover at 20 ppm; peach crop 
subgroup 12-12B at 1.5 ppm; plum subgroup 12-12C at 0.6 ppm; 
pomegranate at 0.5 ppm; prickly pear, fruit at 2 ppm; prickly pear, 
pads at 3 ppm; edible podded bean subgroup 6-22A and edible podded pea 
subgroup 6-22B at 4 ppm; succulent shelled bean subgroup 6-22C; and 
succulent shelled pea subgroup 6-22D at 7 ppm; and pulses, dried 
shelled bean (except soybean) subgroup 6-22E and pulses, dried shelled 
pea subgroup 6-22F at 3 ppm. Adequate analytical methods for 
determining flonicamid in/on appropriate raw agricultural commodities 
and processed commodities have been developed and validated. Contact: 
RD.
    7. PP 2F9026. EPA-HQ-OPP-2022-0871. Bayer Crop Science LP, 800 N 
Lindbergh Blvd., St. Louis, MO 63167, requests to establish a tolerance 
in 40 CFR part 180 for residues of the insecticide, spidoxamat, in or 
on the raw agricultural commodities of citrus fruit (CG 10-10) at 0.8 
ppm, pome fruit (CG 11-10) at 0.3 ppm, stone fruit, except apricot (CG 
12-12, except Apricot) at 1.0 ppm, apricot at 6.0 ppm, small fruit vine 
climbing subgroup, except fuzzy kiwifruit (CG 13-07F) at 0.9 ppm, tree 
nuts, except pistachio (CG 14-12, except pistachio) at 0.02 ppm, and 
pistachio at 0.8 ppm. Solvent extraction, filtration followed by the 
addition of isotopically label-internal standards and quantitation by 
high performance liquid chromatography-electropspray ionization/tandem 
mass spectrometry (HPLS/MS/MS) are used to measure and evaluate the 
chemical Spidoxamat. Contact: RD.

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

    Dated: December 19, 2022.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2022-28524 Filed 12-30-22; 8:45 am]
BILLING CODE 6560-50-P


