83_FR_8868 83 FR 8827 - Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities

83 FR 8827 - Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 41 (March 1, 2018)

Page Range8827-8828
FR Document2018-04194

This document announces the Agency's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

Federal Register, Volume 83 Issue 41 (Thursday, March 1, 2018)
[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)]
[Proposed Rules]
[Pages 8827-8828]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04194]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 174

[EPA-HQ-OPP-2018-0040; FRL-9973-57]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

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

-----------------------------------------------------------------------

SUMMARY: This document announces the Agency's receipt of an initial 
filing of a pesticide petition 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 April 2, 2018.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2018-0040, 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), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; main telephone number: (703) 305-7090; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 8828]]

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 
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, 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 a pesticide petition 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. The Agency is taking public comment on 
the request before responding to the petitioner. EPA is not proposing 
any particular action at this time. EPA has determined that the 
pesticide petition described in this document contains 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 petition. 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 this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition that is the 
subject of this document, prepared by the petitioner, is included in a 
docket EPA has created for this rulemaking. The docket for this 
petition 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 petition so that the public has an 
opportunity to comment on this request for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petition may be obtained 
through the petition summary referenced in this unit.
    PP 7G8630. Southern Gardens Citrus Nursery, LLC, 1820 County Road 
833, Clewiston, FL 33440, requests to amend an exemption from the 
requirement of a tolerance in 40 CFR 174.535 for residues of the plant-
incorporated protectant (PIP), Spinach Defensin Proteins, in or on 
citrus. The petitioner believes no analytical method is needed because 
an exemption from the requirement is being sought.

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

    Dated: February 20, 2018.
Robert C. McNally,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.
[FR Doc. 2018-04194 Filed 2-28-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                       Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Proposed Rules                                                  8827

                                               approve the submitted NSR program                       October 4, 1993) and 13563 (76 FR 3821,                 Dated: February 20, 2018.
                                               under section 193 of the Act.                           January 21, 2011);                                    Alexis Strauss,
                                               III. Proposed Action and Public                            • Is not an Executive Order 13771 (82              Acting Regional Administrator, Region IX.
                                               Comment                                                 FR 9339, February 2, 2017) regulatory                 [FR Doc. 2018–04112 Filed 2–28–18; 8:45 am]
                                                                                                       action because SIP approvals are                      BILLING CODE 6560–50–P
                                                  As authorized in section 110(k)(3) of                exempted under Executive Order 12866;
                                               the Act, the EPA is proposing to fully
                                               approve the submitted rules because we                     • Does not impose an information
                                                                                                       collection burden under the provisions                ENVIRONMENTAL PROTECTION
                                               believe they fulfill all relevant                                                                             AGENCY
                                               requirements. In support of this                        of the Paperwork Reduction Act (44
                                               proposed action, we have concluded                      U.S.C. 3501 et seq.);                                 40 CFR Part 174
                                               that our approval of the submitted rules                   • Is certified as not having a
                                               would comply with sections 110(a)(2),                   significant economic impact on a                      [EPA–HQ–OPP–2018–0040; FRL–9973–57]
                                               110(l) and 193 of the Act because the                   substantial number of small entities
                                               amended rules would not interfere with                  under the Regulatory Flexibility Act (5               Receipt of a Pesticide Petition Filed for
                                               any applicable requirement concerning                   U.S.C. 601 et seq.);                                  Residues of Pesticide Chemicals in or
                                               attainment of the NAAQS in the Bay                         • Does not contain any unfunded                    on Various Commodities
                                               Area, and do not relax control                          mandate or significantly or uniquely
                                               technology and offset requirements. If                  affect small governments, as described                AGENCY:  Environmental Protection
                                               we finalize this action as proposed, our                in the Unfunded Mandates Reform Act                   Agency (EPA).
                                               action would be codified through                        of 1995 (Pub. L. 104–4);                              ACTION: Notice of filing of petition and
                                               revisions to 40 CFR 52.220                                 • Does not have Federalism                         request for comment.
                                               (Identification of plan—in part), and                   implications as specified in Executive
                                               removal of the conditional approval                                                                           SUMMARY:   This document announces the
                                                                                                       Order 13132 (64 FR 43255, August 10,                  Agency’s receipt of an initial filing of a
                                               contained in 40 CFR 52.248(c).                          1999);
                                                  We will accept comments from the                                                                           pesticide petition requesting the
                                                                                                          • Is not an economically significant               establishment or modification of
                                               public on the proposed approval of
                                                                                                       regulatory action based on health or                  regulations for residues of pesticide
                                               Rules 2–1, 2–2, and 2–4 for the next 30
                                                                                                       safety risks subject to Executive Order               chemicals in or on various commodities.
                                               days.
                                                                                                       13045 (62 FR 19885, April 23, 1997);                  DATES: Comments must be received on
                                               IV. Incorporation by Reference                             • Is not a significant regulatory action           or before April 2, 2018.
                                                  In this rule the EPA is proposing to                 subject to Executive Order 13211 (66 FR               ADDRESSES: Submit your comments,
                                               include in a final EPA rule regulatory                  28355, May 22, 2001);                                 identified by docket identification (ID)
                                               text that includes incorporation by                        • Is not subject to requirements of                number EPA–HQ–OPP–2018–0040, by
                                               reference. In accordance with                           section 12(d) of the National                         one of the following methods:
                                               requirements of 1 CFR 51.5, the EPA is                  Technology Transfer and Advancement                     • Federal eRulemaking Portal: http://
                                               proposing to incorporate by reference                   Act of 1995 (15 U.S.C. 272 note) because              www.regulations.gov. Follow the online
                                               the BAAQMD rules listed in Table 1 of                   application of those requirements would               instructions for submitting comments.
                                               this preamble. The EPA has made, and                    be inconsistent with the Clean Air Act;               Do not submit electronically any
                                               will continue to make, these materials                  and                                                   information you consider to be
                                               available electronically through                           • Does not provide the EPA with the                Confidential Business Information (CBI)
                                               www.regulations.gov and in hard copy                    discretionary authority to address                    or other information whose disclosure is
                                               at the EPA Region IX Office (please                     disproportionate human health or                      restricted by statute.
                                               contact the person identified in the FOR                environmental effects with practical,                   • Mail: OPP Docket, Environmental
                                               FURTHER INFORMATION CONTACT section of                  appropriate, and legally permissible                  Protection Agency Docket Center (EPA/
                                               this preamble for more information).                    methods under Executive Order 12898                   DC), (28221T), 1200 Pennsylvania Ave.
                                               V. Statutory and Executive Order                        (59 FR 7629, February 16, 1994).                      NW, Washington, DC 20460–0001.
                                               Reviews                                                    In addition, the SIP is not approved                 • Hand Delivery: To make special
                                                                                                       to apply on any Indian reservation land               arrangements for hand delivery or
                                                 Under the Clean Air Act, the
                                                                                                       or in any other area where the EPA or                 delivery of boxed information, please
                                               Administrator is required to approve a
                                                                                                       an Indian tribe has demonstrated that a               follow the instructions at http://
                                               SIP submission that complies with the
                                                                                                       tribe has jurisdiction. In those areas of             www.epa.gov/dockets/contacts.html.
                                               provisions of the Act and applicable
                                                                                                       Indian country, the rule does not have                  Additional instructions on
                                               federal regulations. 42 U.S.C. 7410(k);
                                                                                                       tribal implications and will not impose               commenting or visiting the docket,
                                               40 CFR 52.02(a). Thus, in reviewing SIP
                                                                                                       substantial direct costs on tribal                    along with more information about
                                               submissions, the EPA’s role is to
                                                                                                       governments or preempt tribal law as                  dockets generally, is available at http://
                                               approve state choices, provided that
                                                                                                       specified by Executive Order 13175 (65                www.epa.gov/dockets.
                                               they meet the criteria of the Clean Air
                                               Act. Accordingly, this proposed action                  FR 67249, November 9, 2000).                          FOR FURTHER INFORMATION CONTACT:
                                               merely proposes to approve state law as                 List of Subjects in 40 CFR Part 52                    Robert McNally, Biopesticides and
                                               meeting federal requirements and does                                                                         Pollution Prevention Division (7511P),
amozie on DSK30RV082PROD with PROPOSALS




                                               not impose additional requirements                        Environmental protection, Air                       Office of Pesticide Programs,
                                               beyond those imposed by state law. For                  pollution control, Incorporation by                   Environmental Protection Agency, 1200
                                               that reason, this proposed action:                      reference, Intergovernmental relations,               Pennsylvania Ave. NW, Washington, DC
                                                 • Is not a ‘‘significant regulatory                   Nitrogen dioxide, Ozone, Particulate                  20460–0001; main telephone number:
                                               action’’ subject to review by the Office                matter, Reporting and recordkeeping                   (703) 305–7090; email address:
                                               of Management and Budget under                          requirements.                                         BPPDFRNotices@epa.gov.
                                               Executive Orders 12866 (58 FR 51735,                      Authority: 42 U.S.C. 7401 et seq.                   SUPPLEMENTARY INFORMATION:



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                                               8828                    Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Proposed Rules

                                               I. General Information                                  II. What action is the Agency taking?                 FEDERAL COMMUNICATIONS
                                               A. Does this action apply to me?                                                                              COMMISSION
                                                                                                          EPA is announcing receipt of a
                                                  You may be potentially affected by                   pesticide petition filed under section                47 CFR Part 73
                                               this action if you are an agricultural                  408 of the Federal Food, Drug, and
                                                                                                                                                             [MB Docket No. 18–72, RM–11796; DA 18–
                                               producer, food manufacturer, or                         Cosmetic Act (FFDCA), 21 U.S.C. 346a,                 101]
                                               pesticide manufacturer. The following                   requesting the establishment or
                                               list of North American Industrial                       modification of regulations in 40 CFR                 Radio Broadcasting Services; Desert
                                               Classification System (NAICS) codes is                  part 174 for residues of pesticide                    Hills, Arizona
                                               not intended to be exhaustive, but rather               chemicals in or on various food
                                               provides a guide to help readers                        commodities. The Agency is taking                     AGENCY:  Federal Communications
                                               determine whether this document                         public comment on the request before                  Commission.
                                               applies to them. Potentially affected                   responding to the petitioner. EPA is not              ACTION: Proposed rule.
                                               entities may include:                                   proposing any particular action at this               SUMMARY:    This document requests
                                                  • Crop production (NAICS code 111).                  time. EPA has determined that the                     comments on a petition for rulemaking
                                                  • Animal production (NAICS code                      pesticide petition described in this                  filed by L. Topaz Enterprises, Inc.
                                               112).                                                   document contains data or information                 (Petitioner), proposing to amend the FM
                                                  • Food manufacturing (NAICS code                     prescribed in FFDCA section 408(d)(2),                Table of Allotments by allotting
                                               311).                                                   21 U.S.C. 346a(d)(2); however, EPA has                Channel 292A at Desert Hills, Arizona,
                                                  • Pesticide manufacturing (NAICS                     not fully evaluated the sufficiency of the            as a second local service. Petitioner
                                               code 32532).                                            submitted data at this time or whether                states that the proposed allotment will
                                               B. What should I consider as I prepare                  the data supports granting of the                     provide additional diversity and an
                                               my comments for EPA?                                    pesticide petition. After considering the             outlet for local residents. A staff
                                                                                                       public comments, EPA intends to                       engineering analysis indicates that
                                                  1. Submitting CBI. Do not submit this                evaluate whether and what action may                  Channel 292A can be allotted to Desert
                                               information to EPA through                              be warranted. Additional data may be                  Hills consistent with the minimum
                                               regulations.gov or email. Clearly mark                  needed before EPA can make a final                    distance separation requirements of the
                                               the part or all of the information that                 determination on this pesticide petition.             Commission’s rules. The reference
                                               you claim to be CBI. For CBI                                                                                  coordinates are 34–32–58 NL and 114–
                                               information in a disk or CD–ROM that                       Pursuant to 40 CFR 180.7(f), a
                                                                                                       summary of the petition that is the                   22–2 WL with no site restriction.
                                               you mail to EPA, mark the outside of the
                                                                                                       subject of this document, prepared by                 DATES: Comments must be filed on or
                                               disk or CD–ROM as CBI and then
                                                                                                       the petitioner, is included in a docket               before March 26, 2018, and reply
                                               identify electronically within the disk or
                                                                                                       EPA has created for this rulemaking.                  comments on or before April 10, 2018.
                                               CD–ROM the specific information that
                                               is claimed as CBI. In addition to one                   The docket for this petition is available             ADDRESSES: You may submit comments,
                                               complete version of the comment that                    at http://www.regulations.gov.                        identified by MB Docket No. 18–72, by
                                               includes information claimed as CBI, a                                                                        any of the following methods:
                                                                                                          As specified in FFDCA section
                                               copy of the comment that does not                                                                                • Federal Communications
                                                                                                       408(d)(3), 21 U.S.C. 346a(d)(3), EPA is
                                               contain the information claimed as CBI                                                                        Commission’s Website: http://
                                                                                                       publishing notice of the petition so that
                                               must be submitted for inclusion in the                                                                        apps.fcc.gov/ecfs//. Follow the
                                                                                                       the public has an opportunity to                      instructions for submitting comments.
                                               public docket. Information so marked                    comment on this request for the
                                               will not be disclosed except in                                                                                  • People With Disabilities: Contact
                                                                                                       establishment or modification of                      the FCC to request reasonable
                                               accordance with procedures set forth in                 regulations for residues of pesticides in
                                               40 CFR part 2.                                                                                                accommodations (accessible format
                                                                                                       or on food commodities. Further                       documents, sign language interpreters,
                                                  2. Tips for preparing your comments.                 information on the petition may be                    CART, etc.) by email: FCC504@fcc.gov
                                               When preparing and submitting your                      obtained through the petition summary                 or phone: 202–418–0530 or TTY: 888–
                                               comments, see the commenting tips at                    referenced in this unit.                              835–5322.
                                               http://www.epa.gov/dockets/
                                                                                                          PP 7G8630. Southern Gardens Citrus                    In addition to filing comments with
                                               comments.html.
                                                                                                       Nursery, LLC, 1820 County Road 833,                   the FCC, interested parties should serve
                                                  3. Environmental justice. EPA seeks to
                                                                                                       Clewiston, FL 33440, requests to amend                the petitioner as follows: Dale A.
                                               achieve environmental justice, the fair
                                                                                                       an exemption from the requirement of a                Ganske, L. Topaz Enterprise, Inc., 3325
                                               treatment and meaningful involvement
                                                                                                       tolerance in 40 CFR 174.535 for residues              Conservancy Lane, Middleton, WI
                                               of any group, including minority and/or
                                                                                                       of the plant-incorporated protectant                  53562.
                                               low-income populations, in the
                                               development, implementation, and                        (PIP), Spinach Defensin Proteins, in or               FOR FURTHER INFORMATION CONTACT:
                                               enforcement of environmental laws,                      on citrus. The petitioner believes no                 Adrienne Y. Denysyk, Media Bureau,
                                               regulations, and policies. To help                      analytical method is needed because an                (202) 418–2651.
                                               address potential environmental justice                 exemption from the requirement is                     SUPPLEMENTARY INFORMATION: This is a
                                               issues, the Agency seeks information on                 being sought.                                         summary of the Commission’s Notice of
                                               any groups or segments of the                             Authority: 21 U.S.C. 346a.                          Proposed Rulemaking, MB Docket No.
amozie on DSK30RV082PROD with PROPOSALS




                                               population who, as a result of their                                                                          18–27, adopted February 2, 2018, and
                                                                                                         Dated: February 20, 2018.
                                               location, cultural practices, or other                                                                        released February 2, 2018. The full text
                                               factors, may have atypical or                           Robert C. McNally,                                    of this document is available for
                                               disproportionately high and adverse                     Director, Biopesticides and Pollution                 inspection and copying during normal
                                               human health impacts or environmental                   Prevention Division, Office of Pesticide              business hours in the FCC’s Reference
                                               effects from exposure to the pesticides                 Programs.                                             Information Center at Portals II, CY–
                                               discussed in this document, compared                    [FR Doc. 2018–04194 Filed 2–28–18; 8:45 am]           A257, 445 Twelfth Street SW,
                                               to the general population.                              BILLING CODE 6560–50–P                                Washington, DC 20554. The full text of


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Document Created: 2018-02-28 23:58:18
Document Modified: 2018-02-28 23:58:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of filing of petition and request for comment.
DatesComments must be received on or before April 2, 2018.
ContactRobert McNally, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
FR Citation83 FR 8827 

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