100746 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations 

Comment: One comment suggested 

the proposed solution failed to account 

for specific use cases where there is no 

clear alternative to dual shipping labels. 

Response: The Postal Service has 

considered specific use cases and 

determined that there are few, if any, 

instances in which there are no 

alternatives to dual shipping labels. The 

shipper always has the option to simply 

determine in advance of label creation 

what carrier will ultimately deliver the 

package. Alternatively, if a dual label 

was created after the effective date of 

the rule, such label could simply be 

over labeled or the carrier markings 

could be obliterated in such fashion as 

to only display the selected delivery 

carrier’s markings. 

Comment: One comment suggests that 

the definition of what constitutes a 

‘‘dual shipping label’’ for purposes of 

the enforcement of this rule is unclear. 

Response: The Postal Service has 

considered this comment. DMM section 

602.10.0 currently states, ‘‘Dual 

shipping labels are used by private 

shipper[s] to identify both the Postal 

Service and a private carrier as possible 

delivery agents.’’ This definition will 

now be reinserted into the new rule. 

Consistent with this, under the new 

rule, a label that identifies the Postal 

Service as the carrier may also include 

additional items of information so long 

as none of those additional items of 

information identify delivery agents 

other than the Postal Service. In other 

words, a label will not be considered a 

prohibited ‘‘dual shipping label’’ simply 

because it includes additional 

information beyond what is required for 

Postal Service label and address 

formats. Instead, it will only be 

considered a dual shipping label if any 

of the additional information included 

thereon identifies or can be used to 

designate delivery agents other than the 

Postal Service. 

The Postal Service is discontinuing 

the use of dual shipping labels. Items 

bearing dual shipping labels should not 

be accepted and may be returned to the 

sender. 

The Postal Service adopts the 

described changes to Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM), 

incorporated by reference in the Code of 

Federal Regulations. We will publish an 

appropriate amendment to 39 CFR part 

111 to reflect these changes. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

Accordingly, the Postal Service 

amends Mailing Standards of the United 

States Postal Service, Domestic Mail 

Manual (DMM), incorporated by 

reference in the Code of Federal 

Regulations as follows (see 39 CFR 

111.1): 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401–404, 414, 416, 3001–3018, 3201–3220, 

3401–3406, 3621, 3622, 3626, 3629, 3631– 

3633, 3641, 3681–3685, and 5001. 

■ 2. Revise Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM) as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

600 Basic Standards for All Mailing 

Services 

* * * * * 

602 Addressing 

* * * * * 

10.0 Dual Shipping Labels 

[Revise the text of 10.0 to read as 

follows:] 

Dual shipping labels are used by 

private shipper to identify both the 

Postal Service and a private carrier as 

possible delivery agents. Mailers must 

not use dual shipping labels. Items 

bearing dual shipping labels should not 

be accepted and may be returned to the 

sender. 

* * * * * 

Colleen Hibbert-Kapler, 

Attorney, Ethics and Legal Compliance. 

[FR Doc. 2024–29435 Filed 12–12–24; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 174 

[EPA–HQ–OPP–2023–0022; FRL–12380–01– 

OCSPP] 

Bacillus Thuringiensis Cry1Da2 

Protein; Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of the Bacillus 

thuringiensis Cry1Da2 protein in or on 

the food and feed commodities of corn: 

corn, field; corn, sweet; and corn, pop, 

when used as a plant-incorporated 

protectant (PIP). Pioneer Hi-Bred 

International, Inc., (Pioneer) submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of Cry1Da2 protein. 

DATES: This regulation is effective 

December 13, 2024. Objections and 

requests for hearings must be received 

on or before February 11, 2025, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0022, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room, and for the OPP 

Docket is (202) 566–1744. Please review 

the visitor instructions and additional 

information about the docket available 

at https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Madison Le, Biopesticides and Pollution 

Prevention Division (7511P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

main telephone number: (202) 566– 

1400; email address: BPPDFRNotices@

epa.gov. 

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). 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations 100747 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 174 

through the Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2023–0022, in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before 

February 11, 2025. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2023–0022, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Background and Statutory Findings 

In the Federal Register of February 

23, 2023 (88 FR 11401) (FRL–10579–01), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide tolerance petition (PP 0F9003) 

by Pioneer Hi-Bred International, Inc., 

7100 NW 62nd Avenue, P.O. Box 1000, 

Johnston, Iowa 50131. The petition 

requested that 40 CFR part 174 be 

amended by establishing an exemption 

from the requirement of a tolerance for 

residues of Cry1Da2 protein. That 

document referenced a summary of the 

petition prepared by the petitioner 

Pioneer Hi-Bred International, Inc., 

which is available in the docket, https:// 

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

III. Final Rule 

A. EPA’s Safety Determination 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Pursuant to 

FFDCA section 408(c)(2)(B), in 

establishing or maintaining in effect an 

exemption from the requirement of a 

tolerance, EPA must take into account 

the factors set forth in FFDCA section 

408(b)(2)(C), which require EPA to give 

special consideration to exposure of 

infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue . . . . ’’ Additionally, 

FFDCA section 408(b)(2)(D) requires 

that the Agency consider ‘‘available 

information concerning the cumulative 

effects of a particular pesticide’s 

residues’’ and ‘‘other substances that 

have a common mechanism of toxicity.’’ 

EPA evaluated the available toxicity 

and exposure data on Cry1Da2 protein 

and considered its validity, 

completeness, and reliability, as well as 

the relationship of this information to 

human risk. EPA has also considered 

available information concerning the 

variability of the sensitivities of major 

identifiable subgroups of consumers, 

including infants and children. A 

summary of the data upon which EPA 

relied and its risk assessment based on 

those data can be found within the 

document entitled ‘‘Product 

Characterization Review and Human 

Health Risk Assessment of the 

Insecticidal Plant-Incorporated 

Protectant Active Ingredient, Bacillus 

thuringiensis Cry1Da2 and PlantIncorporated Inert Ingredient DGT–28 

EPSPS, and the Genetic Material 

Necessary (PHP88492) for their 

Production in Event DAS–1131–3 

Maize, and Establishment of a 

Permanent Tolerance Exemption for 

Residues of these Proteins when used as 

a plant-incorporated protectant in corn’’ 

(hereafter Human Health Risk 

Assessment). This document, as well as 

other relevant information, is available 

in the docket for this action EPA–HQ– 

OPP–2023–0022. 

The gene for the insecticidal protein 

Cry1Da2 was derived from the 

bacterium Bacillus thuringiensis (Bt) 

and contains sequences from Bt crystal 

toxins, Cry1Ab and Cry1D. The Cry1Da2 

protein is intended to provide 

protection from certain lepidopteran 

pests of corn. In assessing the safety of 

the protein, the Agency used a ‘‘weight 

of evidence’’ approach and determined 

that, Cry1Da2 is not expected to pose 

any risk of toxicity to humans and the 

likelihood of the protein to be a food 

allergen is minimal. Submitted data 

show that the Cry1Da2 protein is not 

toxic via the oral route of exposure and 

a bioinformatics analysis did not 

indicate any homology to known toxins. 

Likewise, the potential for allergenicity 

is low because: (1) The bacterium source 

of Cry1Da2 protein, Bacillus 

thuringiensis, has a long history of safe 

use and is not considered to be a source 

of allergenic proteins; (2) bioinformatic 

analysis indicates no similarity between 

Cry1Da2 protein and known allergens; 

(3) Cry1Da2 protein degrades rapidly 

when exposed to simulated gastric fluid 

and completely digested within one 

minute when exposed to simulated 

intestinal fluid; (4) Cry1Da2 is 

inactivated when heated to high 

temperatures (≥75 °C) that are typical of 

food cooking; and (5) Cry1Da2 protein is 

not glycosylated, which further reduces 

its allergenicity potential. Glycosylation 

is an enzymatic post-translational 

process in which carbohydrates 

(glycans) link to proteins, creating 

structures which could lead to an 

immune response in humans. 

The most likely exposure to the 

Cry1Da2 protein is dietary through 

consumption of food products made 


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100748 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations 

from corn containing the protein. Oral 

exposure from ingestion of drinking 

water is unlikely because the Cry1Da2 

protein is present at very low levels 

within the plant cells and the amounts 

likely to enter the water column from 

leaves, pollen or plant detritus are low. 

Additionally, proteases and nucleases 

found in water and the environment 

would likely degrade the biological 

material containing the active ingredient 

and treatment process for municipal 

water plants are likely to remove 

Cry1Da2 residues. While dietary 

exposure is expected to be limited, even 

if there is dietary exposure to residues 

of Cry1Da2 protein, such exposure 

presents no concern for adverse effects 

due to the lack of toxicity or 

allergenicity. 

Non-dietary, non-occupational or 

residential exposure via pulmonary, 

dermal, or ocular exposure is not likely 

since the Cry1Da2 protein is contained 

within plant cells and corn pollen is not 

respirable, which essentially eliminates 

these exposure routes or reduces them 

to negligible levels. Corn pollen is not 

considered respirable, as it consists of 

spherical particles ranging in size from 

90 to 100 mm, whereas respirable 

particles are typically less than 10 mm. 

In the case of agricultural dusts derived 

from activities such as planting, 

cultivation, and harvest, these particles 

also tend to be of non-respirable sizes. 

Additionally, the low expression of 

Cry1Da2 in the grain of plants 

containing Cry1Da2 further supports the 

expectation that exposure via seed dust 

would be negligible. If exposure should 

occur, EPA concludes that such 

exposure would not be expected to 

present any risk due to the lack of 

toxicity. Thus, adverse effects are not 

expected due to non-occupational and 

residential exposure to Cry1Da2 protein. 

These findings are discussed in more 

detail in the Human Health Risk 

Assessment. 

Section 408(b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance, the Agency consider 

‘‘available information’’ concerning the 

cumulative effects of a particular 

pesticide’s residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ No risk of 

cumulative toxicity or effects from 

Cry1Da2 protein has been identified as 

no toxicity or allergenicity has been 

shown for this protein in the submitted 

studies. Therefore, EPA has concluded 

that Cry1Da2 protein does not have a 

common mechanism of toxicity with 

other substances. 

Although FFDCA section 408(b)(2)(C) 

provides for an additional tenfold 

margin of safety for infants and children 

in the case of threshold effects, EPA has 

determined that there are no such 

effects due to the lack of toxicity of 

Cry1Da2 protein. As a result, an 

additional margin of safety for the 

protection of infants and children is 

unnecessary. 

Based upon its evaluation described 

above and in the Human Health Risk 

Assessment, EPA concludes that there is 

a reasonable certainty that no harm will 

result to the U.S. population, including 

infants and children, from aggregate 

exposure to residues of Cry1Da2 

protein. Therefore, an exemption from 

the requirement of a tolerance is 

established for residues of Cry1Da2 

protein in or on the food and feed 

commodities of corn: corn, field; corn, 

sweet; and corn, pop when used as a 

plant-incorporated protectant in corn. 

B. Analytical Enforcement Methodology 

EPA has determined that an analytical 

method is not required for enforcement 

purposes since the Agency is 

establishing an exemption from the 

requirement of a tolerance without any 

numerical limitation. Nonetheless, a 

validated enzyme linked 

immunosorbent assay (ELISA) was 

developed for detection of Cry1Da2 

protein. This ELISA has been 

demonstrated to reliably detect the level 

of Cry1Da2 protein in the tissues of 

corn. 

C. Conclusion 

Therefore, an exemption from the 

requirement of a tolerance is established 

for residues of the Bacillus thuringiensis 

Cry1Da2 protein in or on the food and 

feed commodities of corn: corn, field; 

corn, sweet; and corn, pop when used 

as a plant-incorporated protectant (PIP) 

in corn. 

IV. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

exemption under FFDCA section 408(d) 

in response to a petition submitted to 

the Agency. The Office of Management 

and Budget (OMB) has exempted these 

types of actions from review under 

Executive Order 12866, entitled 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993). Because 

this action has been exempted from 

review under Executive Order 12866, 

this action is not subject to Executive 

Order 13211, entitled ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), or Executive Order 13045, 

entitled ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

This action does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or Tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or Tribal governments, on the 

relationship between the National 

Government and the States or Tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 


khammond on DSK9W7S144PROD with RULES
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations 100749 

List of Subjects in 40 CFR Part 174 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: December 4, 2024. 

Edward Messina, 

Director, Office of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 174—PROCEDURES AND 

REQUIREMENTS FOR PLANTINCORPORATED PROTECTANTS 

■ 1. The authority citation for part 174 

continues to read as follows: 

Authority: 7 U.S.C. 136–136y; 21 U.S.C. 

321(q), 346a and 371. 

■ 2. Add § 174.549 to subpart W to read 

as follows: 

§ 174.549 Bacillus thuringiensis Cry1Da2 

protein; exemption from the requirement of 

a tolerance. 

Residues of Bacillus thuringiensis 

Cry1Da2 protein in or on the food and 

feed commodities of corn, including 

corn, field; corn, sweet; and corn, pop, 

are exempt from the requirement of a 

tolerance when used as a plantincorporated protectant in corn. 

[FR Doc. 2024–29132 Filed 12–12–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 174 

[EPA–HQ–OPP–2022–0990; FRL–12381–01– 

OCSPP] 

Streptomyces Sviceus DGT–28 EPSPS 

(5-Enolpyruvylshikimate-3-Phosphate 

Synthase) Protein; Exemption From 

the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of the 

Streptomyces sviceus DGT–28 EPSPS (5- 

enolpyruvylshikimate-3-phosphate 

synthase) protein (hereafter DGT–28 

EPSPS protein), in or on the food and 

feed commodities of corn: corn, field; 

corn, sweet; and corn, pop, when used 

as a plant-incorporated protectant (PIP) 

inert ingredient. Pioneer Hi-Bred 

International, Inc., (Pioneer) submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of DGT–28 EPSPS protein. 

DATES: This regulation is effective 

December 13, 2024. Objections and 

requests for hearings must be received 

on or before February 11, 2025, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2022–0990, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and for the OPP 

Docket is (202) 566–1744. Please review 

the visitor instructions and additional 

information about the docket available 

at https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Madison Le, Biopesticides and Pollution 

Prevention Division (7511P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

main telephone number: (202) 564– 

5754; email address: BPPDFRNotices@

epa.gov. 

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. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 174 

through the Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2022–0990, in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before 

February 11, 2025. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2022–0990, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Background and Statutory Findings 

In the Federal Register of March 24, 

2023 (88 FR 17778) (FRL–10579–02– 

OCSPP), EPA issued a document 

pursuant to FFDCA section 408(d)(3), 21 

U.S.C. 346a(d)(3), announcing the filing 

of an FFDCA petition (IN 11746) by 


khammond on DSK9W7S144PROD with RULES