Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 29053 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Revise § 180.1321 to read as 

follows: 

§ 180.1321 Complex Polymeric 

Polyhydroxy Acids (CPPA); exemption from 

the requirement of a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of the pesticide complex polymeric 

polyhydroxy acids (CPPA) in or on all 

food commodities, when used in 

accordance with label directions and 

good agricultural practices. 

[FR Doc. 2022–10162 Filed 5–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0204 and EPA–HQ– 

OPP–2021–0432; FRL–9745–01–OCSPP] 

Mandestrobin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of mandestrobin 

in or on lettuce, head; lettuce, leaf; and 

rapeseed subgroup 20A. The 

Interregional Project Number 4 (IR–4) 

and the registrant, Valent U.S.A. LLC, 

requested these tolerances under section 

408 of the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective May 

12, 2022. Objections and requests for 

hearings must be received on or before 

July 11, 2022 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 dockets for this action, 

identified by docket identification (ID) 

numbers EPA–HQ–OPP–2021–0204 and 

EPA–HQ–OPP–2021–0432, are 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 the OPP 

Docket is (202) 566–1744. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

open to visitors by appointment only. 

For the latest status information on 

EPA/DC services and access, visit 

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

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Acting Director, 

Registration Division (7505T), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

main telephone number: (202) 566– 

1030; email address: RDFRNotices@

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 EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s eCFR 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 numbers EPA–HQ– 

OPP–2022–0204 and EPA–HQ–OPP– 

2021–0432 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 July 

11, 2022. 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 numbers EPA–HQ–OPP– 

2021–0204 and EPA–HQ–OPP–2021– 

0432, 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. Summary of Petitioned-For 

Tolerance 

In the Federal Register of June 1, 2021 

(86 FR 29229) (FRL–10023–95), EPA 

issued a document pursuant to FFDCA 

section 408(d)(3), 21 U.S.C. 346a(d)(3), 

announcing the filing of a pesticide 

petition (PP 0E8888) by IR–4, North 

Carolina State University, 1730 Varsity 

Drive, Venture IV, Suite 210, Raleigh, 

NC 27606. The petition requested that 

40 CFR 180.690 be amended by 

establishing tolerances for residues of 

mandestrobin, 2-[(2,5- 

dimethylphenoxy)methyl]-a-methoxyN-methylbenzeneacetamide, in or on the 

raw agricultural commodities: Lettuce, 

head at 0.08 parts per million (ppm) and 

Lettuce, leaf at 4 ppm. 

In the Federal Register of August 24, 

2021 (86 FR 47275) (FRL–8792–02– 

OCSPP), EPA issued a document 

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

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

of a pesticide petition (PP 1F8925) by 

Valent U.S.A. LLC, 4600 Norris Canyon 

Road, P.O. Box 5075, San Ramon, CA 


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29054 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 

94583–0975. The petition requested that 

40 CFR 180.690 be amended by 

establishing a tolerance for residues of 

mandestrobin, 2-[(2,5- 

dimethylphenoxy)methyl]-a-methoxyN-methylbenzeneacetamide, in or on the 

raw agricultural commodity: Rapeseed 

subgroup 20A, seed at 0.2 ppm. 

These documents referenced a 

summary of the petition prepared by 

Valent U.S.A., the registrant, which are 

available in dockets EPA–HQ–OPP– 

2021–0204 and EPA–HQ–OPP–2021– 

0432, https://www.regulations.gov. 

There were no timely comments 

received in response to either of the 

notices of filing. One supportive 

comment from the U.S. Department of 

Agriculture (USDA) was submitted after 

the comment period for the rapeseed 

subgroup 20A notice of filing closed. It 

was in response to the notice of receipt 

of applications for new uses and is not 

applicable to the notice of filing. 

Based upon review of the data 

supporting petition 1F8925, EPA has 

modified the commodity definition for 

Rapeseed subgroup 20A, seed. A 

discussion of this modification can be 

found in section IV.C. 

III. Aggregate Risk Assessment and 

Determination of Safety 

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

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(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. Section 

408(b)(2)(C) of FFDCA requires 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. . . .’’ 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified in 

FFDCA section 408(b)(2)(D), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for mandestrobin 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with mandestrobin follows. 

In an effort to streamline its 

publications in the Federal Register, 

EPA is not reprinting sections that 

repeat what has been previously 

published for tolerance rulemaking of 

the same pesticide chemical. Where 

scientific information concerning a 

particular chemical remains unchanged, 

the content of those sections would not 

vary between tolerance rulemaking and 

republishing the same sections is 

unnecessary. EPA considers referral 

back to those sections as sufficient to 

provide an explanation of the 

information EPA considered in making 

its safety determination for the new 

rulemaking. 

EPA has previously published a 

tolerance rulemaking for mandestrobin 

in which EPA concluded, based on the 

available information, that there is a 

reasonable certainty that no harm would 

result from aggregate exposure to 

mandestrobin and established 

tolerances for residues of that chemical. 

EPA is incorporating previously 

published sections from this rulemaking 

as described further in this rulemaking, 

as they remain unchanged. 

Toxicological profile. For a discussion 

of the Toxicological Profile of 

mandestrobin, see Unit III.A. of the 

October 11, 2016, final rulemaking (81 

FR 70038) (FRL–9945–37). 

Toxicological points of departure/ 

Levels of concern. For a summary of the 

Toxicological Points of Departure/ 

Levels of Concern for mandestrobin 

used for human risk assessment, please 

reference Unit III.B. of the October 11, 

2016, final rulemaking. 

Exposure assessment. Much of the 

exposure assessment remains the same 

although updates have occurred to 

accommodate the exposures from the 

petitioned-for tolerances. These updates 

are discussed in this section; for a 

description of the rest of the EPA 

approach to and assumptions for the 

exposure assessment, please reference 

Unit III.C of the October 11, 2016, final 

rulemaking. 

EPA’s dietary exposure assessments 

have been updated to include the 

additional exposures from the new uses 

of mandestrobin on lettuce, head; 

lettuce, leaf; and rapeseed subgroup 

20A. An unrefined chronic dietary (food 

and drinking water) exposure and risk 

assessment was conducted using the 

Dietary Exposure Evaluation Model 

software with the Food Commodity 

Intake Database (DEEM–FCID) Version 

4.0. The chronic assessment used 

tolerance level residues for all crops and 

assumed that 100% of the crops were 

treated with mandestrobin. Empirical 

and the Agency’s default processing 

factors were used where available. An 

acute dietary exposure assessment was 

not conducted since there was no 

adverse effect observed for a single dose 

of mandestrobin. 

Drinking water exposure. The new 

uses do not result in an increase in the 

estimated residue levels in drinking 

water, so EPA used the same estimated 

drinking water concentrations in the 

chronic dietary assessment as identified 

in the October 11, 2016, rulemaking. 

Non-occupational exposure. There are 

no residential (non-occupational) 

exposures expected from the proposed 

new uses of mandestrobin on lettuce, 

nor from the proposed foliar and seed 

treatment uses on rapeseed subgroup 

20A. However, there are registered uses 

of mandestrobin on turf grasses that 

cause non-occupational exposures. 

EPA’s residential exposure assessment 

has changed since the October 11, 2016, 

rulemaking based on a revised practice. 

Because all current mandestrobin labels 

require handlers to wear specific 

clothing and personal protective 

equipment, EPA now assumes that 

mandestrobin is applied by professional 

applicators, not residential 

(homeowner) applicators. Therefore, the 

current assessment does not consider 

exposure to residential handlers. For 

residential post-application exposure, 

only hand-to-mouth exposures for 

children 1 to less than 2 years old (1 < 

2) were assessed, as a dermal endpoint 

was not selected. 

Cumulative exposure. Unlike other 

pesticides for which EPA has followed 

a cumulative risk approach based on a 

common mechanism of toxicity, EPA 

has not made a common mechanism of 

toxicity finding as to mandestrobin and 

any other substances and mandestrobin 

does not appear to produce a toxic 

metabolite produced by other 

substances. For the purposes of this 

action, therefore, EPA has not assumed 

that mandestrobin has a common 

mechanism of toxicity with other 

substances. 

Safety factor for infants and children. 

EPA continues to conclude that there 

are reliable data to support the 

reduction of the Food Quality Protection 

Act (FQPA) safety factor (SF) from 10X 

to 1X for all risk scenarios. See Unit 

III.D. of the October 11, 2016, final 

rulemaking for a discussion of the 

Agency’s rationale for that 

determination. 

Aggregate risks and determination of 

safety. EPA determines whether acute 

and chronic dietary pesticide exposures 

are safe by comparing aggregate 

exposure estimates to the acute 

population adjusted dose (aPAD) and 


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Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 29055 

the chronic population adjusted dose 

(cPAD). Short-, intermediate-, and 

chronic term risks are evaluated by 

comparing the estimated aggregate food, 

water, and residential exposure to the 

appropriate points of departure to 

ensure that an adequate margin of 

exposure (MOE) exists. For linear cancer 

risks, EPA calculates the lifetime 

probability of acquiring cancer given the 

estimated aggregate exposure. 

An acute dietary exposure assessment 

was not conducted since there was no 

adverse effect observed for a single dose 

of mandestrobin. Chronic dietary risks 

are below the Agency’s level of concern 

of 100% of the cPAD; they are 2.7% of 

the cPAD for children 1–2 years old, the 

most highly exposed population 

subgroup. 

The short-term aggregate exposure 

assessment for children 1 to less than 2 

years old includes dietary (food and 

drinking water) and incidental oral 

exposure from hand-to-mouth activities 

from post-application exposure to turf 

applications. The short-term aggregate 

risk estimate for children 1 < 2 years old 

is an MOE of 2,900, which is greater 

than the level of concern of 100 and is 

not of concern. An adult aggregate 

assessment was not conducted because 

there are no existing/proposed 

residential handler scenarios. Since the 

short- and intermediate-term points of 

departure (PODs) are the same and 

short-term exposure estimates are 

greater than their intermediate-term 

counterparts, the short-term aggregate 

risk assessment is protective of the 

intermediate-term aggregate exposure. 

An acute aggregate exposure assessment 

was not required due to no adverse 

effect observed for a single dose for 

mandestrobin; and chronic aggregate 

risks to adults and children are 

equivalent to the dietary (food and 

drinking water) risks for those 

respective assessments and are not of 

concern. 

Mandestrobin is classified as ‘‘not 

likely to be a human carcinogen’’ based 

on the lack of treatment-related tumors 

in the combined chronic/oncogenicity 

rat study or in the carcinogenicity 

mouse study, and the lack of 

genotoxicity in an acceptable battery of 

mutagenicity studies. 

Therefore, based on the risk 

assessments and information described 

above, EPA concludes there is a 

reasonable certainty that no harm will 

result to the general population, or to 

infants and children, from aggregate 

exposure to mandestrobin residues. 

More detailed information on this action 

can be found in the document 

‘‘Mandestrobin. Human Health Risk 

Assessment in support of New Uses and 

Establishment of Permanent Tolerances 

on Lettuce, Head and Leaf and Rapeseed 

Subgroup 20A’’ in docket IDs EPA–HQ– 

OPP–2021–0204 and EPA–HQ–OPP– 

2021–0432. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

For a discussion of the available 

analytical enforcement method for 

various crops, see Unit IV.A of the 

October 11, 2016 rulemaking. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The U.S. tolerance for residues of 

mandestrobin on rapeseed subgroup 

20A is harmonized with the Codex MRL 

on rapeseed at 0.2 ppm. There are no 

Codex MRLs for residues of 

mandestrobin in or on lettuce. 

C. Revisions to Petitioned-For 

Tolerances 

The registrant proposed a tolerance on 

‘‘Rapeseed subgroup 20A, seed’’. EPA is 

establishing the tolerance requested 

with the nomenclature ‘‘Rapeseed 

subgroup 20A’’ to conform to EPA’s 

commodity terminology. 

V. Conclusion 

Therefore, tolerances are established 

for residues of mandestrobin in or on 

Lettuce, head at 0.08 ppm; Lettuce, leaf 

at 4 ppm; and Rapeseed subgroup 20A 

at 0.2 ppm. 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

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 to 

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 tolerances 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). 

VII. 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). 


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29056 Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 / Rules and Regulations 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides, 

and pests, Reporting and recordkeeping 

requirements. 

Dated: April 29, 2022. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter 1 as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.690, amend the table in 

paragraph (a) by designating the table as 

table 1 and adding, in alphabetical 

order, entries for ‘‘Lettuce, head’’; 

‘‘Lettuce, leaf’’; and ‘‘Rapeseed 

subgroup 20A’’. 

The additions read as follows: 

§ 180.690 Mandestrobin; tolerances for 

residues. 

* * * * * 

TABLE 1 TO PARAGRAPH (a) 

Commodity Parts per 

million 

* * * * * 

Lettuce, head .............................. 0.08 

Lettuce, leaf ................................ 4 

Rapeseed subgroup 20A ............ 0.2 

* * * * * 

[FR Doc. 2022–10204 Filed 5–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0401; FRL–9783–01– 

OCSPP] 

Streptomyces sp. Strain SYM00257; 

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 Streptomyces 

sp. strain SYM00257 in or on all food 

commodities when used in accordance 

with label directions and good 

agricultural practices. Indigo Ag, Inc. 

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 Streptomyces sp. strain 

SYM00257 under FFDCA when used in 

accordance with this exemption. 

DATES: This regulation is effective May 

12, 2022. Objections and requests for 

hearings must be received on or before 

July 11, 2022 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–2021–0401, 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 OPP Docket 

is (202) 566–1744. Due to the public 

health concerns related to COVID–19, 

the EPA Docket Center (EPA/DC) and 

Reading Room is open to visitors by 

appointment only. For the latest status 

information on EPA/DC services and 

access, visit https://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Biopesticides and 

Pollution Prevention Division (7511M), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(202) 566–2427; 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 180 

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(g), 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–2021–0401 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 July 

11, 2022. Addresses for mail and hand 

delivery of objections and hearing 

requests are provided in 40 CFR 

178.25(b), although EPA strongly 

encourages those interested in 

submitting objections or a hearing 

request to submit objections and hearing 

requests electronically. See Order 

Urging Electronic Service and Filing 

(April 10, 2020), https://www.epa.gov/ 

sites/production/files/2020-05/ 

documents/2020-04-10_-_order_urging_

electronic_service_and_filing.pdf. At 

this time, because of the COVID–19 

pandemic, the judges and staff of the 

Office of Administrative Law Judges are 

working remotely and not able to accept 

filings or correspondence by courier, 

personal delivery, or commercial 

delivery, and the ability to receive 

filings or correspondence by U.S. Mail 

is similarly limited. When submitting 

documents to the U.S. EPA Office of 

Administrative Law Judges (OALJ), a 

person should utilize the OALJ e-filing 

system at https://yosemite.epa.gov/OA/ 

EAB/EAB-ALJ_upload.nsf. 

Although EPA’s regulations require 

submission via U.S. Mail or hand 

delivery, EPA intends to treat 

submissions filed via electronic means 

as properly filed submissions during 

this time that the Agency continues to 

maximize telework due to the 

pandemic; therefore, EPA believes the 

preference for submission via electronic 

means will not be prejudicial. If it is 


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