82 FR 26639 - Receipt of Two Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 109 (June 8, 2017)

Page Range		26639-26640
FR Document		2017-11932

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

Federal Register, Volume 82 Issue 109 (Thursday, June 8, 2017)

[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Proposed Rules]
[Pages 26639-26640]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11932]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 174

[EPA-HQ-OPP-2015-0032; FRL-9961-90]


Receipt of Two Pesticide Petitions Filed for Residues of 
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: This document announces EPA's receipt of two 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 July 10, 2017.

ADDRESSES: Submit your comments, identified by the Docket 
Identification

[[Page 26640]]

(ID) Number and the Pesticide Petition Number (PP) of interest as shown 
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://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 http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and 
Pollution Prevention Division (7511P), main telephone number: (703) 
305-7090, email address: [email protected].

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).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed under FOR 
FURTHER INFORMATION CONTACT.

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 http://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, EPA 
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 EPA taking?

    EPA is announcing its receipt of two 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 for residues of pesticide chemicals in 
or on various food commodities. EPA 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 the 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 support 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), a summary of each of the petitions 
that are the subject of this document, prepared by the petitioner, is 
included in a docket EPA has created for each rulemaking. The docket 
for each of the petitions is 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.

New Tolerance Exemptions

    PP 6F8541. (EPA-HQ-OPP-2017-0113). Bayer CropScience LP 2 T.W. 
Alexander Dr. Research Triangle Park, NC 27709, requests to establish a 
temporary exemption from the requirement of a tolerance in 40 CFR part 
174 for residues of the plant-incorporated protectant (PIP) Bacillus 
thuringiensis Cry14Ab-1 in or on soybean. The petitioner believes no 
analytical method is needed because this petition is a temporary 
exemption from the requirement of a tolerance without numerical 
limitation, thus an analytical detection method should not be required.
    PP IN-11022. (EPA-HQ-OPP-2017-0115). Bayer CropScience LP 2 T.W. 
Alexander Dr. Research Triangle Park, NC 27709, requests to establish 
an exemption from the requirement of a tolerance in 40 CFR part 174 for 
residues of the PIP inert ingredient 4-hydroxyphenyl pyruvate 
deoxygenase (HPPD-4) in all food commodities. The petitioner believes 
no analytical method is needed because this petition is a temporary 
exemption from the requirement of a tolerance without numerical 
limitation, thus an analytical detection method should not be required.

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

    Dated: May 10, 2017.
Robert McNally,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.
[FR Doc. 2017-11932 Filed 6-7-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Proposed Rules 26639

apply to Serious PM2.5 nonattainment D. Unfunded Mandates Reform Act I. National Technology Transfer and
areas unless the area fails to attain the (UMRA) Advancement Act (NTTAA)
standard by the extended Moderate area This rulemaking does not involve
attainment date and the area is This action does not contain any
technical standards. This action merely
reclassified to a Serious PM2.5 unfunded mandate as described in
approves a state request for an
nonattainment area. Consistent with UMRA, 2 U.S.C. 1531–1538, and does
attainment date extension.
CAA section 188(b)(2), the EPA will not significantly or uniquely affect small
determine whether the area attained the governments. This action does not J. Executive Order 12898: Federal
standard within six months following impose additional requirements beyond Actions To Address Environmental
the applicable attainment date. those imposed by state law. Justice in Minority Populations and
Accordingly, no additional costs to Low-Income Population
This action is not a redesignation to
attainment under CAA section State, local, or tribal governments, or to The EPA believes that this action does
107(d)(3)(E). Utah and Idaho are not the private sector, will result from this not have disproportionately high and
currently attaining the NAAQS and action. adverse human health or environmental
have not submitted maintenance plans effects on minority populations, low-
E. Executive Order 13132: Federalism
as required under section 175(A) of the income populations and/or indigenous
CAA or met the other statutory This action does not have federalism peoples, as specified in Executive Order
requirements for redesignation to implications. It will not have substantial 12898 (59 FR 7629, February 16, 1994).
attainment. The designation status in 40 direct effects on the states, on the This action approves a state request for
CFR part 81 will remain a Moderate relationship between the national an attainment date extension based on
nonattainment area until such time as government and the states, or on the the state’s compliance with
Utah and Idaho meet the CAA distribution of power and requirements and commitments in its
requirements for redesignation to responsibilities among the various plan and recent air quality monitoring
attainment or the area is reclassified to data that meets requirements for an
levels of government. Pursuant to the
Serious. extension.
CAA, this action merely approves a state
III. Statutory and Executive Order request for an attainment date List of Subjects in 40 CFR Part 52
Reviews extension. Environmental protection, Air
F. Executive Order 13175: Coordination pollution control, Ammonia,
Additional information about these Incorporation by reference,
statutes and Executive Orders can be With Indian Tribal Governments
Intergovernmental relations, Nitrogen
found at http://www2.epa.gov/laws- This action does not have tribal dioxide, Particulate matter, Reporting
regulations/laws-and-executive-orders. and recordkeeping requirements, Sulfur
implications, as specified in Executive
A. Executive Order 12866: Regulatory Order 13175. No tribal areas are located dioxide, Volatile organic compounds.
Planning and Review and Executive in the nonattainment area that will be Authority: 42 U.S.C. 7401 et seq.
Order 13563: Improving Regulation and receiving an attainment date extension. Dated: June 1, 2017.
Regulatory Review The CAA and the Tribal Authority Rule
Michelle L. Pirzadeh,
establish the relationship of the federal
This action is not a significant Acting Regional Administrator, Region 10.
government and tribes in developing
regulatory action and therefore is not plans to attain the NAAQS, and this rule [FR Doc. 2017–11943 Filed 6–7–17; 8:45 am]
subject to review by the Office of does nothing to modify that BILLING CODE 6560–50–P
Management and Budget (OMB). This relationship. Thus, Executive Order
proposed action merely approves a state
13175 does not apply to this action. ENVIRONMENTAL PROTECTION
request as meeting federal requirements
and imposes no new requirements. G. Executive Order 13045: Protection of AGENCY
B. Paperwork Reduction Act (PRA) Children From Environmental Health
Risks and Safety Risks 40 CFR Part 174
This action does not impose any [EPA–HQ–OPP–2015–0032; FRL–9961–90]
additional information collection This action is not subject to Executive
burden under the provisions of the PRA, Order 13045 because it is not Receipt of Two Pesticide Petitions
44 U.S.C. 3501 et seq. This action economically significant as defined in Filed for Residues of Pesticide
merely approves a state request for an Executive Order 12866, and because the Chemicals in or on Various
attainment date extension, and this EPA does not believe any environmental Commodities
action does not impose additional health or safety risks addressed by this
AGENCY: Environmental Protection
requirements beyond those imposed by action present a disproportionate risk to
Agency (EPA).
state law. children. This action merely approves a
ACTION: Notice of filing of petitions and
state request for an attainment date
C. Regulatory Flexibility Act (RFA) extension and it does not impose request for comment.

I certify that this action will not have additional requirements beyond those SUMMARY: This document announces
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

a significant economic impact on a imposed by state law. EPA’s receipt of two initial filings of
substantial number of small entities H. Executive Order 13211: Actions That pesticide petitions requesting the
under the RFA. This action will not Significantly Affect Energy Supply, establishment or modification of
impose any requirements on small Distribution, or Use regulations for residues of pesticide
entities beyond those imposed by state chemicals in or on various commodities.
law. Approval of a state’s request for an This action is not subject to Executive DATES: Comments must be received on
attainment date extension does not Order 13211, because it is not a or before July 10, 2017.
create any new requirements and does significant regulatory action under ADDRESSES: Submit your comments,
not directly regulate any entities. Executive Order 12866. identified by the Docket Identification

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26640 Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Proposed Rules

(ID) Number and the Pesticide Petition information in a disk or CD–ROM that Pursuant to 40 CFR 180.7(f), a
Number (PP) of interest as shown in the you mail to EPA, mark the outside of the summary of each of the petitions that
body of this document, by one of the disk or CD–ROM as CBI and then are the subject of this document,
following methods: identify electronically within the disk or prepared by the petitioner, is included
• Federal eRulemaking Portal: http:// CD–ROM the specific information that in a docket EPA has created for each
www.regulations.gov. Follow the online is claimed as CBI. In addition to one rulemaking. The docket for each of the
instructions for submitting comments. complete version of the comment that petitions is available at http://
Do not submit electronically any includes information claimed as CBI, a www.regulations.gov.
information you consider to be copy of the comment that does not
Confidential Business Information (CBI) contain the information claimed as CBI As specified in FFDCA section
or other information whose disclosure is must be submitted for inclusion in the 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is
restricted by statute. public docket. Information so marked publishing notice of the petitions so that
• Mail: OPP Docket, Environmental will not be disclosed except in the public has an opportunity to
Protection Agency Docket Center (EPA/ accordance with procedures set forth in comment on these requests for the
DC), (28221T), 1200 Pennsylvania Ave. 40 CFR part 2. establishment or modification of
NW., Washington, DC 20460–0001. 2. Tips for preparing your comments. regulations for residues of pesticides in
• Hand Delivery: To make special When preparing and submitting your or on food commodities. Further
arrangements for hand delivery or comments, see the commenting tips at information on the petitions may be
delivery of boxed information, please http://www.epa.gov/dockets/ obtained through the petition
follow the instructions at http:// comments.html. summaries referenced in this unit.
www.epa.gov/dockets/contacts.html. 3. Environmental justice. EPA seeks to
Additional instructions on commenting New Tolerance Exemptions
achieve environmental justice, the fair
or visiting the docket, along with more treatment and meaningful involvement PP 6F8541. (EPA–HQ–OPP–2017–
information about dockets generally, is of any group, including minority and/or
available at http://www.epa.gov/ 0113). Bayer CropScience LP 2 T.W.
low-income populations, in the Alexander Dr. Research Triangle Park,
dockets. development, implementation, and NC 27709, requests to establish a
FOR FURTHER INFORMATION CONTACT: enforcement of environmental laws, temporary exemption from the
Robert McNally, Biopesticides and regulations, and policies. To help requirement of a tolerance in 40 CFR
Pollution Prevention Division (7511P), address potential environmental justice part 174 for residues of the plant-
main telephone number: (703) 305– issues, EPA seeks information on any incorporated protectant (PIP) Bacillus
7090, email address: BPPDFRNotices@ groups or segments of the population thuringiensis Cry14Ab-1 in or on
epa.gov. who, as a result of their location,
soybean. The petitioner believes no
SUPPLEMENTARY INFORMATION: cultural practices, or other factors, may
analytical method is needed because
have atypical or disproportionately high
I. General Information this petition is a temporary exemption
and adverse human health impacts or
environmental effects from exposure to from the requirement of a tolerance
A. Does this action apply to me? without numerical limitation, thus an
the pesticides discussed in this
You may be potentially affected by analytical detection method should not
document, compared to the general
this action if you are an agricultural be required.
population.
producer, food manufacturer, or
PP IN–11022. (EPA–HQ–OPP–2017–
pesticide manufacturer. The following II. What action is EPA taking?
0115). Bayer CropScience LP 2 T.W.
list of North American Industrial
EPA is announcing its receipt of two Alexander Dr. Research Triangle Park,
Classification System (NAICS) codes is
pesticide petitions filed under section NC 27709, requests to establish an
not intended to be exhaustive, but rather
408 of the Federal Food, Drug, and exemption from the requirement of a
provides a guide to help readers
Cosmetic Act (FFDCA), 21 U.S.C. 346a, tolerance in 40 CFR part 174 for
determine whether this document
requesting the establishment or residues of the PIP inert ingredient 4-
applies to them. Potentially affected
modification of regulations in 40 CFR hydroxyphenyl pyruvate deoxygenase
entities may include:
part 174 for residues of pesticide
• Crop production (NAICS code (HPPD–4) in all food commodities. The
chemicals in or on various food petitioner believes no analytical method
111).
• Animal production (NAICS code commodities. EPA is taking public is needed because this petition is a
112). comment on the requests before
temporary exemption from the
• Food manufacturing (NAICS code responding to the petitioners. EPA is not
requirement of a tolerance without
311). proposing any particular action at this
time. EPA has determined that the numerical limitation, thus an analytical
• Pesticide manufacturing (NAICS detection method should not be
code 32532). pesticide petitions described in this
document contain the data or required.
If you have any questions regarding
the applicability of this action to a information prescribed in FFDCA Authority: 21 U.S.C. 346a.
particular entity, consult the person section 408(d)(2), 21 U.S.C. 346a(d)(2); Dated: May 10, 2017.
however, EPA has not fully evaluated
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

listed under FOR FURTHER INFORMATION Robert McNally,
CONTACT. the sufficiency of the submitted data at
this time or whether the data support Director, Biopesticides and Pollution
B. What should I consider as I prepare granting of the pesticide petitions. After Prevention Division, Office of Pesticide
my comments for EPA? considering the public comments, EPA Programs.
1. Submitting CBI. Do not submit this intends to evaluate whether and what [FR Doc. 2017–11932 Filed 6–7–17; 8:45 am]
information to EPA through action may be warranted. Additional BILLING CODE 6560–50–P
regulations.gov or email. Clearly mark data may be needed before EPA can
the part or all of the information that make a final determination on these
you claim to be CBI. For CBI pesticide petitions.

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Document Created: 2018-11-14 10:07:11
Document Modified: 2018-11-14 10:07:11

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of filing of petitions and request for comment.
Dates		Comments must be received on or before July 10, 2017.
Contact		Robert McNally, Biopesticides and Pollution Prevention Division (7511P), main telephone number: (703)
FR Citation		82 FR 26639