[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Proposed Rules]
[Pages 73571-73572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23472]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2023-0069; FRL-10579-09-OCSPP]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities; September 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 November 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, Registration Division 
(RD) (7505T), main telephone number: (202) 566-2427, email address: 
<a href="/cdn-cgi/l/email-protection#73213735213d1c071a101600331603125d141c05"><span class="__cf_email__" data-cfemail="297b6d6f7b67465d404a4c5a694c5948074e465f">[email protected]</span></a>. 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:
    <bullet> Crop production (NAICS code 111).
    <bullet> Animal production (NAICS code 112).
    <bullet> Food manufacturing (NAICS code 311).
    <bullet> 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. If you wish to include CBI in your 
comment, please follow the applicable instructions at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly mark the 
part or all of the information that you claim to be 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. Amended Tolerances for Non-Inerts

    1. PP 3E9061. EPA-HQ-OPP-2023-0258. 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 180.629, upon the approval of the 
requested tolerances, by removing the established tolerances for 
residues of the fungicide flutriafol, including its metabolites and 
degradates in or on the following commodities: Brassica, head and stem 
(subgroup 5A) at 1.5 parts per million (ppm); brassica, leafy greens 
(subgroup 5B) at 7.0 ppm; cotton, undelinted seed at 0.50 ppm; fruit, 
pome group 11-09 at 0.40 ppm; fruit stone, group 12-10 at 1.5 ppm; and 
vegetable, leafy, except

[[Page 73572]]

brassica, crop group 4, except head lettuce and radicchio at 10 ppm. 
Contact: RD.
    2. PP 3E9064. EPA-HQ-OPP-2023-0257. 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 
180.601 by removing the established tolerances for residues of the 
fungicide cyazofamid, 4-chloro-2-cyano-N,N-dimethyl-5-(4-methylphenyl)-
1H-imidazole-1-sulfonamide, including its metabolites and degradates, 
in or on the following raw agricultural commodities: Bean, succulent, 
at 0.5 ppm; and bean, succulent shelled, at 0.08 ppm. Contact: RD.

B. New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11737. EPA-HQ-OPP-2023-0484. Sun Chemical, 5020 Spring 
Grove Avenue, Cincinnati, OH, 45232, requests to establish an exemption 
from the requirement of a tolerance for residues of aluminum (CAS Reg. 
No. 7429-90-5) when used as a pesticide inert ingredient (seed 
treatment colorant) 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.
    2. PP IN-11753. EPA-HQ-OPP-2023-0485. Ecolab USA Inc., 1 Ecolab 
Place, St. Paul, MN 55102, requests to establish an exemption from the 
requirement of a tolerance for residues of Sodium C14-C16 Alpha Olefin 
(CAS Reg. No. 68439-57-6) when used as a pesticide inert ingredient 
(surfactant) in pesticide formulations under 40 CFR 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.

C. New Tolerances for Non-Inerts

    1. PP 2E9046. EPA-HQ-OPP-2023-0464. Mitsui Chemicals Agro, Inc. 
(MCAG) c/o BASF Corporation 26 Davis Drive, P.O. Box 13528, Research 
Triangle Park, NC 27709, requests to establish an import tolerance in 
40 CFR part 180 for residues of the insecticide, broflanilide, in or on 
the brassica head and stem vegetables (group 5-16) at 0.6 ppm; fruiting 
vegetables (group 8-10) at 0.1 ppm; tomato, dried at 0.7 ppm; tomato, 
paste at 0.3 ppm; leafy vegetables (group 4-16) at 4.0 ppm; leaf 
petiole vegetables (subgroup 22B) at 1.5 ppm; soybean at 0.06 ppm; and 
coffee at 0.01 ppm. An independently validated analytical method was 
submitted for analyzing residues of parent broflanilide and its 
metabolites S(PFP-OH)-8007 and DM-8007, each with appropriate 
sensitivity, in all crop and processed commodities. Contact: RD.
    2. PP 3E9061. EPA-HQ-OPP-2023-0258. 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 180.629 for residues of the fungicide flutriafol, 
[(<plus-minus>)-[alpha]-(2-fluorophenyl)-[alpha]-(4-fluorophenyl)-1H-
1,2,4-triazole-1-ethanol], including its metabolites and degradates in 
or on the following commodities: Brassica, leafy greens, subgroup 4-16B 
at 7 ppm; celtuce at 10 ppm; cottonseed subgroup 20C at 0.5 ppm; 
fennel, Florence, fresh leaves and stalk at 10 ppm; fruit, pome, group 
11-10 at 0.4 ppm; fruit, stone, group 12-12 at 1.5 ppm; kohlrabi at 1.5 
ppm; leafy greens subgroup 4-16A, except head lettuce and radicchio at 
10 ppm; leaf petiole vegetable subgroup 22B at 10 ppm; tropical and 
subtropical, small fruit, edible peel, subgroup 23A at 0.01 ppm; and 
vegetable, brassica, head and stem, group 5-16 at 1.5 ppm. Compliance 
with the tolerances is to be determined by measuring flutriafol only. 
The nature of the residues of flutriafol is adequately understood and 
an acceptable analytical method is available for enforcement purposes. 
Contact: RD.
    3. PP 3E9064. EPA-HQ-OPP-2023-0257. 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 180.601 for residues of the fungicide cyazofamid, 
including its metabolites and degradates, in or on the following raw 
agricultural commodities: Chick pea, edible podded, at 0.5 ppm; chick 
pea, succulent shelled, at 0.08 ppm; edible podded bean subgroup 6-22A 
at 0.5 ppm; parsnip root at 0.09 ppm; pulses, dried shelled bean, 
except soybean, subgroup 6-22E at 0.03 ppm; and succulent shelled bean 
subgroup 6-22C at 0.08 ppm. Compliance with the tolerance levels 
specified are to be determined by measuring only the sum of 4-chloro-2-
cyano-N,N-dimethyl-5-(4-methylphenyl)-1H-imidazole-1- sulfonamide and 
its metabolite, 4-chloro-5-(4-methylphenyl)-1H-imidazole-2-
carbonitrile, calculated as the stoichiometric equivalent of 
cyazofamid. Liquid chromatography/mass spectrometry/mass spectrometry 
(LC/MS/MS) methods are available for the enforcement of tolerances for 
cyazofamid residues of concern. Contact: RD.
    4. PP 1F8978. EPA-HQ-OPP-2022-0257. Belchim US Crop Protection 
Corporation, 225 Wilmington West, Chester Pike, Suite 200, Chadds Ford, 
PA 19317, requests to establish a tolerance in 40 CFR part 180 for 
residues of the herbicide pyridate in or on dry pea vines, dry pea hay, 
dry pea seed (dried), soybean forage, soybean hay, and soybean seed 
(dried) at 0.05 ppm. The HPLC-MS/MS residue analytical method is used 
to measure and evaluate the chemical pyridate. Contact: RD.
    5. PP 2F9040. EPA-HQ-OPP-2023-0246. ISK Biosciences Corporation, 
7470 Auburn Road, Suite A, Concord, Ohio 44077, requests to establish 
tolerances in 40 CFR 180.713(a)(1) for residues of the herbicide 
tiafenacil, including its metabolites and degradates, in or on pulses, 
dried shelled bean, except soybean, subgroup 6-22E at 0.03 ppm; pulses, 
dried shelled pea, subgroup 6-22F at 0.05 ppm; citrus fruit, group 10-
10 at 0.01 ppm; pome fruit, group 11-10 at 0.01 ppm; stone fruit, group 
12-12 at 0.01 ppm; tree nut, group 14-12 at 0.01 ppm; barley subgroup 
15-22B at 0.015 ppm; sweet corn subgroup 15-22D at 0.01 ppm; grain 
sorghum and millet subgroup 15-22E at 0.01 ppm; rapeseed, subgroup 20A 
at 0.015 ppm; and peanut at 0.01 ppm, and in 40 CFR 180.713(a)(2) for 
residues of the herbicide tiafenacil, including its metabolites and 
degradates, in or on almond hulls at 0.03 ppm; barley, hay at 0.07 ppm; 
barley, straw at 0.04 ppm; corn, sweet, forage at 0.01 ppm; corn, 
sweet, stover at 0.015 ppm; pea, straw at 7 ppm; sorghum, forage at 
0.01 ppm; and sorghum, stover at 0.015 ppm. Adequate enforcement 
methodology LC/MS/MS methods for plant and livestock commodities are 
available to enforce the tolerance expression. Contact: RD.

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

    Dated: October 18, 2023.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2023-23472 Filed 10-25-23; 8:45 am]
BILLING CODE 6560-50-P


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