[Federal Register Volume 86, Number 181 (Wednesday, September 22, 2021)]
[Proposed Rules]
[Pages 52624-52627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20431]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2021-0088; FRL-8792-03-OCSPP]


Receipt of Pesticide Petitions Filed for Residues of Pesticide 
Chemicals in or on Various Commodities (September 2021)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notices of filing of petitions and request for comment.

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SUMMARY: This document announces the Agency's receipt of initial 
filings of pesticide petitions requesting the establishment or 
modification of regulations for residues of pesticide chemicals in or 
on various commodities.

[[Page 52625]]


DATES: Comments must be received on or before October 22, 2021.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition (PP) of interest as shown in the 
body of this document, using 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 or visiting the docket, along with more information about 
dockets generally, is available at https://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is closed to visitors with 
limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration 
Division (7505P), main telephone number: (703) 305-7090, email address: 
<a href="/cdn-cgi/l/email-protection#94c6d0d2c6dafbe0fdf7f1e7d4f1e4f5baf3fbe2"><span class="__cf_email__" data-cfemail="bae8fefce8f4d5ced3d9dfc9fadfcadb94ddd5cc">[email protected]</span></a>; or Charles Smith, Biopesticides and Pollution 
Prevention Division (7511P), main telephone number: (703) 305-7090, 
email address: <a href="/cdn-cgi/l/email-protection#014351514547534f6e7568626472416471602f666e77"><span class="__cf_email__" data-cfemail="b1f3e1e1f5f7e3ffdec5d8d2d4c2f1d4c1d09fd6dec7">[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 pesticide petition 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 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 pesticide petitions 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 174 or part 180 for residues of pesticide 
chemicals in or on various food commodities. The Agency is taking 
public comment on the requests before responding to the petitioners. 
EPA is not proposing any particular action at this time. EPA has 
determined that the pesticide petitions described in this document 
contain 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 petitions. 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 these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), summaries of the petitions that are 
the subject of this document, prepared by the petitioners, are included 
in dockets EPA has created for these rulemakings. The dockets for these 
petitions are available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA 
is publishing notice of the petitions so that the public has an 
opportunity to comment on these requests for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petitions may be obtained 
through the petition summaries referenced in this unit.

A. Amended Tolerance Exemptions for Non-Inerts (Except PIPS)

    PP 0F8892. (EPA-HQ-OPP-2021-0551). The Lubrizol Corporation, 29400 
Lakeland Blvd., Wickliffe, OH 44092, requests to amend an exemption 
from the requirement of a tolerance in 40 CFR 180.1327 to include 
residues of the bactericide, fungicide, insecticide, and miticide 
tetraacetylethylenediamine (TAED) in or on all raw agricultural 
commodities. The analytical method Warwick International, Ltd.'s QC 
Method SOP No. 1631 is available to EPA for the detection and 
measurement of the pesticide residues. Contact: BPPD.

B. Amended Tolerances for Non-Inerts

    1. PP 1E8919. (EPA-HQ-OPP-2021-0446). Interregional Research 
Project No. 4 (IR-4), Project Headquarters, Rutgers, The State 
University of NJ, 500 College Road East, Suite 201 W, Princeton, NJ 
08540, requests to amend 40 CFR part 180 by removing the established 
tolerance for residues of pydiflumetofen, including its metabolites and 
degradates, in or on vegetable, fruiting, group 8-10 at 0.6 parts per 
million (ppm). Contact: RD.
    2. PP 1E8932. (EPA-HQ-OPP-2021-0449). Interregional Research 
Project Number 4 (IR-4), Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08450, requests to amend 40 CFR part 180 by removing the 
established tolerances for residues of fluopyram, including its 
metabolites and degradates in or on bean, dry at 0.70

[[Page 52626]]

ppm; brassica, head and stem, subgroup 5A at 4.0 ppm; brassica, leafy 
greens, subgroup 5B at 50 ppm; dill, seed at 70 ppm; leafy greens 
subgroup 4A at 40 ppm; leafy petioles subgroup 4B at 20 ppm; pea and 
bean, succulent shelled, subgroup 6B at 0.20 ppm; and vegetable, 
legume, edible podded, subgroup 6A at 4.0 ppm. Contact: RD.

C. New Tolerance Exemptions for Inerts (Except PIPS)

    PP IN-11268. (EPA-HQ-OPP-2021-0582). SciReg, Inc., 12733 Director's 
Loop, Woodbridge, VA 22192, on behalf of Albaugh, LLC, P.O. Box 2127, 
Valdosta, GA 31604, requests to establish an exemption from the 
requirement of a tolerance for residues of cocamidopropylamine oxide 
(CAS Reg. No. 68155-09-9) when used as a pesticide inert ingredient 
(surfactant) in glyphosate formulations under 40 CFR 180.910 at a 
concentration not to exceed 6% (w/w). The petitioner believes no 
analytical method is needed because it is not required for an exemption 
from the requirement of a tolerance. Contact: RD.

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

    1. PP 0F8841. (EPA-HQ-OPP-2021-0139). Lesaffre Yeast Corporation, 
7475 West Main St., Milwaukee, WI 53214, requests to establish an 
exemption from the requirement of a tolerance in 40 CFR part 180 for 
residues of the fungicide and bactericide Saccharomyces cerevisiae 
strain LAS02 in or on all food commodities. The petitioner believes no 
analytical method is needed because it is seeking to establish a 
tolerance exemption for pesticide chemical residues; therefore, an 
analytical method is not required. Additionally, the petitioner 
believes toxicological data and public literature discussed in the 
tolerance exemption petition summary are sufficient to show that there 
are no foreseeable human or domestic health hazards likely to arise 
from the use of the product to control postharvest diseases on crops in 
the greenhouse and in the field. Contact: BPPD.
    2. PP 0F8852. (EPA-HQ-OPP-2021-0534). Symborg, Inc., P.O. Box 
12810, San Luis Obispo, CA 93406, requests to establish an exemption 
from the requirement of a tolerance in 40 CFR part 180 for residues of 
the fungicide Trichoderma harzianum strain T78 in or on all 
agricultural commodities. The petitioner believes no analytical method 
is needed because it is not applicable in this situation. When used as 
proposed, the petitioner expects that applications of Trichoderma 
harzianum strain T78 would not result in residues that are of 
toxicological concern. Contact: BPPD.
    3. PP 0F8856. (EPA-HQ-OPP-2021-0470). Loveland Products, Inc., P.O. 
Box 1286, Greeley, CO 80632-1286, requests to establish an exemption 
from the requirement of a tolerance in 40 CFR part 180 for residues of 
the plant regulator salicylic acid (2-hydroxybenzoic acid) in or on all 
raw agricultural commodities. The petitioner believes no analytical 
method is needed because salicylic acid and salicylic acid-related 
compounds such as methyl salicylate occur naturally in all plant-
derived food or feed items. Methyl salicylate, the main component of 
oil of wintergreen, is widely used as a food-flavoring agent and 
contributes to food residues of salicylic acid and salicylic acid-
related compounds in foods. Salicylic acid end-use products will be 
used at low use rates (0.01 to 0.054 lb AI/A) and, given the proposed 
use patterns, residues on raw agricultural commodities at the time of 
harvest are not expected to be significantly greater than the natural 
background levels of salicylic acid. Based on the multiple sources of 
salicylic acid and the inability to determine the source of salicylic 
acid in food crops as natural or from use of salicylic acid end-use 
products, Loveland Products, Inc. believes that an analytical method 
for salicylic acid in foods is not necessary to protect the public 
health or the environment. Contact: BPPD.
    4. PP 0F8886. (EPA-HQ-OPP-2021-0401). Indigo Ag, Inc., 500 
Rutherford Ave., Boston, MA 02129, requests to establish an exemption 
from the requirement of a tolerance in 40 CFR part 180 for residues of 
the nematode suppression agent Streptomyces sp. strain SYM00257 in or 
on all food commodities. The petitioner believes no analytical method 
is needed because, based on the metabolic profiling it has performed, 
no metabolites of concern are produced by Streptomyces sp. strain 
SYM00257. Contact: BPPD.
    5. PP 1F8903. (EPA-HQ-OPP-2021-0571). NewLeaf Symbiotics, 1005 
North Warson Rd., Suite 102, St. Louis, MO 63132, requests to establish 
an exemption from the requirement of a tolerance in 40 CFR part 180 for 
residues of the insecticide Methylorubrum extorquens strain NLS0042 in 
or on all food commodities. The petitioner believes no analytical 
method is needed because an exemption from the requirement of a 
tolerance is being proposed. Contact: BPPD.
    6. PP 1F8907. (EPA-HQ-OPP-2021-0519). OmniLytics, Inc., 9075 South 
Sandy Parkway, Sandy, UT 84070, requests to establish an exemption from 
the requirement of a tolerance in 40 CFR part 180 for residues of the 
bactericides bacteriophage active against Xanthomonas arboricola pv. 
pruni, bacteriophage active against Xanthomonas arboricola pv. 
juglandis, bacteriophage active against Xanthomonas arboricola pv. 
corylina, and bacteriophage active against Pseudomonas syringae pv. 
syringae in or on all food commodities. The petitioner believes no 
analytical method is needed because an exemption from the required 
tolerance is being proposed. Contact: BPPD.

E. New Tolerances for Non-Inerts

    1. PP 1E8919. (EPA-HQ-OPP-2021-0446). Interregional Research 
Project Number 4 (IR-4), Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08450, requests to establish tolerances in 40 CFR 180.699 
for residues of the fungicide, Pydiflumetofen, (3-(difluoromethyl)-N-
methoxy-1-methyl-N-[1-methyl-2-(2,4,6-trichlorophenyl)ethyl]-1H-
pyrazole-4-carboxamide) in or on Caneberry subgroup 13-07A at 4 ppm and 
vegetable, fruiting, group 8-10 at 0.8 ppm. Analytical methods AG-626 
and AG-454A are used to measure and evaluate the chemical. Contact: RD.
    2. PP 1E8926. (EPA-HQ-OPP-2021-0447). The Interregional Research 
Project No. 4 (IR-4), Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201W. Princeton, 
NJ 08540, requests to establish tolerances in 40 CFR part 180.478 for 
residues of the herbicide rimsulfuron, N-[[(4,6-dimethoxy-2-
pyrimidinyl)amino] carbonyl]-3-(ethylsulfonyl)-2-pyridinesulfonamide in 
or on pomegranate at 0.01 ppm; and tropical and subtropical, small 
fruit, edible peel subgroup 23A at 0.01 ppm. The high-pressure liquid 
chromatography with ESI-MS/MS detection is used to measure and evaluate 
the chemical. Contact: RD.
    3. PP 1E8932. (EPA-HQ-OPP-2021-0449). Interregional Research 
Project Number 4 (IR-4), Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princetown, NJ 08450, requests to establish tolerances in 40 CFR 
180.661 for residues of the fungicide, fluopyram, (N-[2-[3-chloro-5-
(trifluoromethyl)-2-pyridinyl]ethyl]-2-(trifluoromethyl)benzamide), 
including its metabolites and degradates in or on the following raw 
agricultural commodities: Brassica, leafy greens, subgroup 4-16B at 50 
ppm; celtuce at 20 ppm; coffee, green bean at 0.03 ppm;

[[Page 52627]]

fennel, Florence, fresh leaves and stalk at 20 ppm; kohlrabi at 4 ppm; 
leafy greens subgroup 4-16A at 40 ppm; leaf petiole vegetable subgroup 
22B at 20 ppm; papaya at 1.5 ppm; peppermint, dried leaves at 0.8 ppm; 
peppermint, fresh leaves at 0.6 ppm; spearmint, dried leaves at 0.8 
ppm; spearmint, fresh leaves at 0.6 ppm; spice group 26 at 70 ppm; and 
vegetable, brassica, head and stem, group 5-16 at 4 ppm; individual 
commodities of proposed crop subgroup 6-18A; edible podded bean legume 
vegetable subgroup at 4 ppm including: Asparagus bean, edible podded; 
catjang bean, edible podded; Chinese longbean, edible podded; cowpea, 
edible podded; French bean, edible podded; garden bean, edible podded; 
goa bean, edible podded; green bean, edible podded; guar bean, edible 
podded; jackbean, edible podded; kidney bean, edible podded; lablab 
bean, edible podded; moth bean, edible podded; mung bean, edible 
podded; navy bean, edible podded; rice bean, edible podded; scarlet 
runner bean, edible podded; snap bean, edible podded; sword bean, 
edible podded; urd bean, edible podded; vegetable soybean, edible 
podded; velvet bean, edible podded; wax bean, edible podded; winged 
pea, edible podded; and yardlong bean, edible podded; individual 
commodities of proposed crop subgroup 6-18B; edible podded pea legume 
vegetable subgroup at 4 ppm including: Chickpea, edible podded; dwarf 
pea, edible podded; edible podded pea; grass-pea, edible podded; green 
pea, edible podded; lentil, edible podded; pigeon pea, edible podded; 
snap pea, edible podded; snow pea, edible podded; and sugar snap pea, 
edible podded; individual commodities of proposed crop subgroup 6-18C: 
Succulent shelled bean subgroup at 0.2 ppm including: Andean lupin, 
succulent shelled; blackeyed pea, succulent shelled; blue lupin, 
succulent shelled; broad bean, succulent shelled; catjang bean, 
succulent shelled; cowpea, succulent shelled; crowder pea, succulent 
shelled; goa bean, succulent shelled; grain lupin, succulent shelled; 
jackbean, succulent shelled; lablab bean, succulent shelled; lima bean, 
succulent shelled; moth bean, succulent shelled; scarlet runner bean, 
succulent shelled; southern pea, succulent shelled; sweet lupin, 
succulent shelled; vegetable soybean, succulent shelled; velvet bean, 
succulent shelled; wax bean, succulent shelled; white lupin, succulent 
shelled; white sweet lupin, succulent shelled; and yellow lupin, 
succulent shelled; individual commodities of proposed crop subgroup 6-
18D: Succulent shelled pea subgroup at 0.2 ppm including: Chickpea, 
succulent shelled; English pea, succulent shelled; garden pea, 
succulent shelled; green pea, succulent shelled; lentil, succulent 
shelled; and pigeon pea, succulent shelled; and individual commodities 
of proposed crop subgroup 6-18E: Dried shelled bean, except soybean, 
subgroup at 0.7 ppm including: Adzuki bean, dry seed; African yam-bean, 
dry seed; American potato bean, dry seed; Andean lupin bean, dry seed; 
asparagus bean, dry seed; black bean, dry seed; blackeyed pea, dry 
seed; blue lupin bean, dry seed; broad bean, dry seed; catjang bean, 
dry seed; Chinese longbean, dry seed; cowpea, dry seed; cranberry bean, 
dry seed; crowder pea, dry seed; dry bean, dry seed; field bean, dry 
seed; French bean, dry seed; garden bean, dry seed; goa bean, dry seed; 
grain lupin bean, dry seed; great northern bean, dry seed; green bean, 
dry seed; guar bean, dry seed; horse gram, dry seed; jackbean, dry 
seed; kidney bean, dry seed; lablab bean, dry seed; lima bean, dry 
seed; morama bean, dry seed; moth bean, dry seed; mung bean, dry seed; 
navy bean, dry seed; pink bean, dry seed; pinto bean, dry seed; red 
bean, dry seed; rice bean, dry seed; scarlet runner bean, dry seed; 
southern pea, dry seed; sweet lupin bean, dry seed; sword bean, dry 
seed; tepary bean, dry seed; urd bean, dry seed; vegetable soybean, dry 
seed; velvet bean, seed, dry seed; white lupin bean, dry seed; white 
sweet lupin bean, dry seed; winged pea, dry seed; yardlong bean, dry 
seed; yellow bean, dry seed; and yellow lupin bean, dry seed. The 
multiresidue method (DFG Method S19) is the method used to measure and 
evaluate the residues of fluopyram. Contact: RD.
    4. PP 1F8914. (EPA-HQ-OPP-2021-0417). Syngenta Crop Protection, 
LLC, P.O. Box 18300 Greensboro, NC 27419-8300, requests to establish a 
tolerance in 40 CFR part 180 for residues of the fungicide, 
benzovindiflupyr in or on vegetable, root, except sugar beet, subgroup 
1B, except ginseng at 0.4 ppm. The analytical methods GRM042.03A, 
GRM042.04A, and GRM042.08A are used to measure and evaluate the 
chemical benzovindiflupyr and its metabolites. Contact: RD.
    5. PP 9E8819. (EPA-HQ-OPP-2020-0050). Bayer CropScience LP, 800 N. 
Lindbergh Blvd., St. Louis, MO 263167 requests to establish a tolerance 
in 40 CFR part 180.589 for residues of the fungicide propamocarb 
hydrochloride in or on Onion, bulb, Crop subgroup 3-07A at 2 ppm, leek 
at 30 ppm, and kale at 20 ppm. Analytical methods gas/liquid 
chromatography and N-FID or MSD are used to measure anc evaluate the 
chemical propamocarb hydrochloride. Contact: RD.

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

    Dated: September 13, 2021.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2021-20431 Filed 9-21-21; 8:45 am]
BILLING CODE 6560-50-P


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