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###### Environmental Protection Agency

          - 40 CFR Part 180
          - [EPA-HQ-OPP-2024-0059; FRL-11682-01-OCSPP]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice of filing of petition and request for comment.

# 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 1, 2024.

# ADDRESSES:

                        Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2024-0059, 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:

                        Madison H. Le, Biopesticides and Pollution Prevention Division (BPPD) (7511M), main telephone number: (202) 566-1400, email address:                         *BPPDFRNotices@epa.gov;*                         or Dan Rosenblatt, Registration Division (RD) (7505T), main telephone number: (202) 566-2875, email address:                         *RDFRNotices@epa.gov.*                         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/​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                           ( print page 14796)                        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 2E9044.*                     (EPA-HQ-OPP-2023-0079). Interregional Research Project #4 (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 withdrawing the existing tolerances for residues of the indoxacarb in or on the raw agricultural commodities: Bean, dry seed; bean, succulent; corn, field, grain; corn, pop, grain; corn, sweet, kernel plus cob with husk removed; cotton, undelinted seed; fruit, pome, except pear, group 11; fruit, stone, group 12; okra; pea, southern, seed; pear, oriental; turnip, greens; vegetable, brassica, leafy, group 5; vegetable, fruiting, group 8; and vegetable, leafy, except brassica, group 4.                     *Contact:*                     RD.                

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

*PP 3F9074.*                     (EPA-HQ-OPP-2023-0650). Indigo Ag, Inc., 500 Rutherford Ave., Charlestown, MA 02129, requests to establish an exemption from the requirement of a tolerance in 40 CFR part 180 for residues of the fungicide Trichoderma hamatum strain SYM37537 in or on all food commodities. The petitioner believes no analytical method is needed because this petition requests an exemption from the requirement of a tolerance without numerical limitations.                     *Contact:*                     BPPD.                

### C. Tolerance Exemptions for PIPS

*PP 3F9098.*                     (EPA-HQ-OPP-2024-0052). J.R. Simplot Company, 5369 W Irving St., Boise, ID 83706, requests to extend a temporary exemption from the requirement of a tolerance in 40 CFR part 174 for residues of the plant-incorporated protectants (PIP) BLB2 and AMR3 proteins in or on potatoes. The petitioner believes no analytical method is needed because the protein concentrations of BLB2 and AMR3 proteins are below the limit of detection.                     *Contact:*                     BPPD.                

### D. New Tolerances for Non-Inerts

*PP 2E9044.*                     (EPA-HQ-OPP-2023-0079). Interregional Research Project #4 (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 indoxacarb in or on the raw agricultural commodities: Brassica, leafy greens, subgroup 4-16B at 12 parts per million (ppm); celtuce at 14 ppm; chickpea, dry seed at 0.2 ppm; coffee, green bean at 0.03 ppm; cottonseed subgroup 20C at 2 ppm; fennel, florence, fresh leaves and stalk at 14 ppm; field corn subgroup 15-22C at 0.02 ppm; fruit, pome, group 11-10, except pear at 1 ppm; fruit, stone, group 12-12 at 1 ppm; kohlrabi at 12 ppm; leaf petiole vegetable subgroup 22B at 14 ppm; leafy greens subgroup 4-16A at 14 ppm; pear, asian at 0.2 ppm; strawberry at 4 ppm; sunflower subgroup 20B at 1.5 ppm; sweet corn subgroup 15-22D at 0.02 ppm; vegetable, brassica, head and stem, group 5-16 at 12 ppm; vegetable, legume, bean, edible podded, subgroup 6-22A at 0.9 ppm; vegetable, legume, bean, succulent shelled, subgroup 6-22C at 0.9 ppm; vegetable, legume, bean, dried shelled, except soybean, subgroup 6-22E at 0.2 ppm; and vegetable, fruiting, group 8-10 at 0.5 ppm. Adequate analytical methods for determining indoxacarb in/on appropriate raw agricultural commodities and processed commodities have been developed and validated.                     *Contact:*                     RD.                

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

Dated: February 18, 2024.

Delores Barber,

Director, Information Technology and Resources Management Division, Office of Program Support.

[FR Doc. 2024-04256 Filed 2-28-24; 8:45 am]

BILLING CODE 6560-50-P