Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Proposed Rules 30855 

One commenter, a manufacturer of 

XPS, and the company that submitted 

the three blends to the SNAP program 

for review, had supported the initial 

proposal of listing the blends as 

acceptable, and in the supplemental 

proposal supported the option of listing 

the blends as acceptable, subject to 

narrowed use limits, for use in XPS 

until January 1, 2023. That company 

stated that suitable alternatives with 

sufficient performance parameters were 

not available, that these listings are 

necessary to bridge the transition to 

such alternatives, and that the near-term 

supply of alternatives was uncertain. 

D. Additional Information That EPA 

Considered 

After issuing the supplemental 

proposal, EPA listed three more 

substitutes with lower-GWP as 

acceptable for use in XPS (January 20, 

2022; 87 FR 3037). The three substitutes 

are: Blends of 10 to 90 percent HFO1234ze(E) by weight and the remainder 

hydrochlorofluoroolefin (HCFO)– 

1233zd(E); blends of 10 to 90 percent 

HFO–1234ze(E) by weight and the 

remainder HFC-152a; and blends of zero 

to 100 percent HFO–1234ze(E), zero to 

70 percent methyl formate, zero to 60 

percent HFC–152a, zero to 60 percent 

CO2, and zero to 60 percent water. At 

least one of the three U.S. manufacturers 

of XPS is using one of these substitutes 

in manufacturing its products. 

III. How does EPA intend to proceed? 

Based on our consideration of these 

comments and the emergence of new 

listings of substitutes for this end-use, 

we believe lower risk alternatives are 

available and technically feasible. 

Accordingly, an acceptable listing, as 

proposed in the 2020 NPRM, is not 

appropriate, and a rulemaking effort for 

a limited duration, as proposed in the 

2021 Supplemental Proposal, is not 

warranted. The information above 

demonstrates that alternatives are 

available and technically feasible that 

pose overall risk to human health and 

the environment comparable to or lower 

than that of other acceptable substitutes 

for use in XPS. The blends of HFC–134a 

described above remain unacceptable, 

as listed in appendix U to 40 CFR part 

82 subpart G. This notice serves to 

provide transparency and clearly notify 

the public and those with particular 

interest of how we intend to proceed 

with respect to these listings. 

For these reasons, EPA is 

withdrawing the proposed rule 

published on October 6, 2021 (86 FR 

55549; FRL–7826.1–02–OAR), along 

with withdrawing the portions of the 

proposed rule published on June 12, 

2020 (85 FR 35874; FRL–10009–66– 

OAR), that relate to listing as acceptable 

the three HFC blends for use in XPS. 

IV. Impact Analysis 

Because the EPA is not promulgating 

any regulatory requirements, there are 

no compliance costs or impacts 

associated with this action. 

V. Statutory and Executive Order 

Reviews 

This action does not establish new 

regulatory requirements. Hence, the 

requirements of other regulatory statutes 

and Executive Orders that generally 

apply to rulemakings (e.g., the 

Unfunded Mandate Reform Act) do not 

apply to this action. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2022–10853 Filed 5–19–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 174 and 180 

[EPA–HQ–OPP–2022–0161; FRL–9410–13– 

OCSPP] 

Receipt of Pesticide Petitions Filed for 

Residues of Pesticide Chemicals in or 

on Various Commodities April 2022 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notices of filing of petitions and 

request for comment. 

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. 

DATES: Comments must be received on 

or before June 21, 2022. 

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, 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 

Confidential Business Information (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. 

The latest information on EPA/DC 

docket access, services and submitting 

comments is available at https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Biopesticides and 

Pollution Prevention Division (BPPD) 

(7511M), main telephone number: (202) 

566–1400, email address: 

BPPDFRNotices@epa.gov; or Marietta 

Echeverria, Registration Division (RD) 

(7505T), main telephone number: (202) 

566–1030, email address: 

RDFRNotices@epa.gov. The mailing 

address for each contact person: Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001. 

Include the contact person’s name, 

division, and mail code in the mailing 

address. 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 https://

www.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 


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30856 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Proposed Rules 

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 

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 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 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 1F8962. (EPA–HQ–OPP–2021– 

0911). Agroindustrial Kimitec S.L., 

Maavi Innovation Center, Paraje Cerro 

de los Lobos s/n, 04738 Vicar, Almeria, 

Spain (c/o Compliance Services 

International, 7501 Bridgeport Way 

West, Lakewood, WA 98499–2423), 

requests to amend an exemption from 

the requirement of a tolerance in 40 CFR 

180.1271 for residues of the insecticide 

eucalyptus oil in or on all food 

commodities when used in accordance 

with good agricultural practices. The 

petitioner believes no analytical method 

is needed because eucalyptus oil is 

included by the FDA in the Direct Food 

Substances Affirmed as Generally 

Recognized as Safe list and, per 40 CFR 

part 150.2040, ‘‘residue chemistry data 

requirements apply to biochemical 

pesticide products when Tier II or Tier 

III toxicology data are required, as 

specified for biochemical agents in the 

biochemical human health assessment 

data requirements, § 158.2050’’. In the 

case of eucalyptus oil, the results of Tier 

I toxicology testing indicated that no 

Tier II or Tier III toxicology data were 

required, and as a result, no residue 

enforcement method is required. 

Contact: BPPD. 

B. Notice of Filing—Amended 

Tolerances for Non-Inerts 

1. PP 2E8987. (EPA–HQ–OPP–2021– 

0361). Interregional Research Project 

Number 4 (IR–4), IR–4 Project 

Headquarters, North Carolina State 

University, 1730 Varsity Drive, Suite 

210, Venture IV, Raleigh, NC 27606, 

requests to amend 40 CFR 180.383 by 

removing the established tolerance for 

residues of the herbicide sodium salt of 

acifluorfen, sodium 5-[2-chloro-4- 

(trifluoromethyl)phenoxy]-2- 

nitrobenzoate, and its metabolites (the 

corresponding acid, methyl ester, and 

amino analogues) in or on Strawberry at 

0.05 parts per million (ppm). Contact: 

RD. 

2. PP 1F8946. (EPA–HQ–OPP–2021– 

0729). Syngenta Crop Protection, LLC, 

410 Swing Road, P.O. Box 18300, 

Greensboro, NC 27419, requests to 

amend the tolerance(s) in 40 CFR 

180.507 for residues of the fungicide, 

azoxystrobin (methyl (E)-2-{2-[6-(2- 

cyanophenoxy)pyrimidin-4- 

yloxy]phenyl}-3-methoxyacrylate) and 

the Z isomer of azoxystrobin (methyl 

(Z)-2-{2-[6-(2- 

cyanophenoxy)pyrimidin-4- 

yloxy]pheny1}-3-methoxyacrylate), in 

or on mango at 4 ppm and papaya at 6 

ppm. Gas chromatography with 

nitrogen-phosphorus detection (GC– 

NPD) or in mobile phase by high 

performance liquid chromatography 

with ultra-violet detection (HPLC–UV) 

is used to measure and evaluate the 

chemical Azoxystrobin and its Z isomer. 

Contact: RD. 

C. New Tolerance Exemptions for Inerts 

(Except PIPS) 

1. IN–11660. (EPA–HQ–OPP–2022– 

0364). The United States Department of 

Agriculture, Animal and Plant Health 

Inspection Service (4700 River Road, 

Unit 149, Riverdale, MD 20737), 

requests to establish an exemption from 

the requirement of a tolerance for 

residues of zein (CAS Reg. No. 9010– 

66–6) when used as a pesticide inert 

ingredient (stabilizing agent) in 

pesticide formulations applied to 

animals under 40 CFR 180.930, limited 

to no more than 10,000 ppm in the final 

pesticide formulation. 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. IN–11693. (EPA–HQ–OPP–2022– 

0325). Ethox Chemicals, LLC (1801 

Perimeter Road, Greenville, SC 29605) 

requests to establish an exemption from 

the requirement of a tolerance for 

residues of oxirane, 2-methyl-, polymer 

with oxirane, di-(9Z)-9-octadecenoate 

(CAS Reg. No. 67167–17–3) with a 

minimum number average molecular 

weight (in amu) of 2500 when used as 

a pesticide inert ingredient in pesticide 

formulations under 40 CFR 180.960. 

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 NonInerts (Except PIPS) 

PP 1F8915. (EPA–HQ–OPP–2022– 

0308). Gowan Company in cooperation 

with SDS Biotech K.K., c/o Landis 

International, Inc., P.O. Box 5126, 3185 

Madison Highway, Valdosta, GA 31603, 

requests to establish an exemption from 

the requirement of a tolerance in 40 CFR 

part 180 for residues of the fungicide 

bacillus amyloliquefaciens strain AT– 

332 in or on all food commodities. The 

petitioner believes no analytical method 

is needed because it is not applicable. 

Contact: BPPD. 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Proposed Rules 30857 

E. Notice of Filing—New Tolerances for 

Non-Inerts 

1. PP 2E8987. (EPA–HQ–OPP–2022– 

0361). Interregional Research Project 

No. 4 (IR–4) North Carolina State 

University, 1730 Varsity Drive, Suite 

210, Venture IV, Raleigh, NC 27606, 

requests to establish a tolerance in 40 

CFR 180.383 for residues of the 

herbicide, sodium salt of acifluorfen, 

sodium 5-[2-chloro-4- 

(trifluoromethyl)phenoxy]-2- 

nitrobenzoate, and its metabolites (the 

corresponding acid, methyl ester, and 

amino analogues) in or on the following 

raw agricultural commodities: Soybean, 

vegetable, edible podded at 0.09 ppm; 

soybean, vegetable, succulent shelled at 

0.09; and berry, low growing, subgroup 

13–07G at 0.1 ppm. A gas 

chromatography and liquid 

chromatography BASF corporation: 

Study No. 92161, Method No. D9205 

was used to measure and evaluate the 

chemical. Contact: RD. 

2. PP 1F8937. (EPA–HQ–OPP–2021– 

0634). Albaugh, LLC, 1535 36th St. NE, 

Ankeny, IA 50021, requests to establish 

a tolerance in 40 CFR part 180 for 

residues of the herbicide, oxyfluorfen in 

or on rice at 0.01 ppm. The acetonitrile 

fraction method is used to measure and 

evaluate the chemical oxyfluorfen. 

Contact: RD. 

3. PP 1F8946. (EPA–HQ–OPP–2021– 

0729). Syngenta Crop Protection, LLC, 

410 Swing Road, P.O. Box 18300, 

Greensboro, NC 27419, requests to 

establish an import tolerance in 40 CFR 

part 180 for residues of the fungicide, 

azoxystrobin (methyl (E)-2-{2-[6-(2- 

cyanophenoxy)pyrimidin-4- 

yloxy]phenyl}-3-methoxyacrylate) and 

the Z isomer of azoxystrobin (methyl 

(Z)-2-{2-[6-(2- 

cyanophenoxy)pyrimidin-4- 

yloxy]pheny1}-3-methoxyacrylate), in 

or on palm, oil at 0.06 ppm. GC–NPD or 

in mobile phase by HPLC–UV is used to 

measure and evaluate the chemical 

azoxystrobin and its Z isomer. Contact: 

RD. 

4. PP 1F8954. (EPA–HQ–OPP–2022– 

0003). Syngenta Crop Protection, LLC, 

410 Swing Road, P.O. Box 18300, 

Greensboro, NC 27410, requests to 

establish a tolerance in 40 CFR part 180 

for residues of the nematocide, 

cyclobutrifluram (rel-N-[(1R,2R)-2-(2,4- 

dichlorophenyl)cyclobutyl]-2- 

(trifluoromethyl)-3- 

pyridinecarboxamide) in or on cotton at 

0.01 ppm; cotton, by-products at 0.01 

ppm; lettuce, romaine at 0.015 ppm; and 

soybean at 0.01 ppm. The methods 

GRM076.07A and GRM076.11A are 

used to measure and evaluate the 

chemical cyclobutrifluram and related 

metabolites, SYN510275 and 

SYN549104. Contact: RD. 

5. PP 1F8958. (EPA–HQ–OPP–2022– 

0198). ISK Biosciences Corporation, 

7470 Auburn Road, Suite A, Concord, 

Ohio, 44077, requests to establish a 

tolerance in 40 CFR part 180 for 

residues of the herbicide, tolpyralate, 1- 

[[1-Ethyl-4-[3-(2-methoxyethoxy)-2- 

methyl-4-(methylsulfonyl)benzoyl]-1Hpyrazol-5-yl]oxy]ethyl methyl 

carbonate, including its metabolite MT– 

2153, in or on wheat, grain at 0.01 ppm; 

wheat, forage at 0.02 ppm; wheat, hay 

at 0.05 ppm; wheat, straw at 0.03 ppm; 

barley, grain at 0.015 ppm; barley, hay 

at 0.2 ppm; and barley, straw at 0.08 

ppm. The Analytical method using 

liquid Chromatography-MS/MS is used 

to measure and evaluate the chemical 

tolpyralate. Contact: RD. 

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

Dated: May 12, 2022. 

Brian Bordelon, 

Acting Director, Information Technology and 

Resources Management Division, Office of 

Program Support. 

[FR Doc. 2022–10851 Filed 5–19–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 10 

[Public Safety and Homeland Security 

Bureau: PS Docket Nos. 15–91, 15–94; FCC 

22–31: FR ID 85971] 

Wireless Emergency Alerts 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This Further Notice of 

Proposed Rulemaking (Further Notice) 

seeks comment on proposals to develop 

performance metrics and reporting 

standards to measure the reliability, 

speed, and accuracy of the provision of 

Wireless Emergency Alerts (WEA), in 

order to identify issues with and 

improve the WEA system. This 

document also seeks comment on how 

Participating Commercial Mobile 

Service (CMS) Providers should 

measure the performance of their WEA 

service to improve the provision of 

WEA. By this action, the Commission 

affords interested parties an opportunity 

to submit comments. Through this 

action, the Commission hopes to collect 

data on the provision of WEA in order 

to empower state and local alert 

originators to more fully and better use 

the WEA system. 

DATES: Comments are due on or before 

June 21, 2022 and reply comments are 

due on or before July 19, 2022. 

ADDRESSES: You may submit comments, 

identified by PS Docket No. 15–91, and 

PS Docket No 15–94, by any of the 

following methods: 

• Electronic Filers: Comments may be 

filed electronically using the Federal 

Communications Commission’s 

Electronic Comment Filing System 

(ECFS) at: https://apps.fcc.gov/ecfs/. 

• Paper Filers: Comments may be 

filed in paper by sending an original 

and one copy of each filing. 

All filings must be addressed to the 

FCC’s Secretary: Office of the Secretary, 

Federal Communications Commission. 

Filings can be sent by commercial 

carrier, or by U.S. Postal Service mail. 

• Comments sent using commercial 

carrier other than U.S. Postal Service 

mail, must be addressed to 9050 

Junction Drive, Annapolis, MD 20701. 

• Comments sent using the U.S. 

Postal Service first-class, Express, or 

Priority mail, must be addressed to 45 

L Street NE, Washington, DC 20554. 

Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA–20–304 (March 19, 2020), 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. 

People With Disabilities: To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

please send an email to: FCC504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice) or 202–418–0432 

(TTY). 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: For 

further information, contact James 

Wiley, Public Safety and Homeland 

Security Bureau, Cybersecurity and 

Communications Reliability Division, at 

(202) 418–1678, or by email to 

james.wiley@fcc.gov, or David 

Kirschner, Public Safety and Homeland 

Security Bureau, Cybersecurity and 

Communications Reliability Division, at 

(202) 418–0695, or by email to 

david.kirschner@fcc.gov. 


khammond on DSKJM1Z7X2PROD with PROPOSALS