Receipt of a Pesticide Petition Filed for Residues of a Pesticide Chemical in or on Various Commodities, 33059-33060 [2020-11574]

Download as PDF Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a VerDate Sep<11>2014 16:32 May 29, 2020 Jkt 250001 tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Greenhouse gases, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 18, 2020. Gregory Sopkin, Regional Administrator, EPA Region 8. [FR Doc. 2020–11182 Filed 5–29–20; 8:45 am] BILLING CODE 6560–50–P 33059 www.epa.gov/dockets/where-sendcomments-epa-docket. Please note that, due to the public health emergency, the EPA Docket Center (EPA/DC) and Reading Room was closed to public visitors on March 31, 2020. Our EPA/DC staff will continue to provide customer service via email, phone, and webform. For further information on EPA/DC services, docket contact information, and the current status of the EPA/DC and Reading Room, please visit https:// 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: BPPDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2019–0692; FRL–10009–29] Receipt of a Pesticide Petition Filed for Residues of a Pesticide Chemical in or on Various Commodities Environmental Protection Agency (EPA). ACTION: Notice of filing of petition and request for comment. AGENCY: This document announces EPA’s receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of a pesticide chemical in or on various commodities. DATES: Comments must be received on or before July 1, 2020. ADDRESSES: Submit your comments, identified by docket identification number EPA–HQ–OPP–2019–0692, 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:// SUMMARY: PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 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 E:\FR\FM\01JNP1.SGM 01JNP1 33060 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at https://www.epa.gov/dockets/ 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, 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 pesticide discussed in this document, compared to the general population. II. What action is EPA 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 180 for residues of a pesticide chemical in or on various food commodities. EPA 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 support 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 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 petition so that the public has an opportunity to comment on this request for the VerDate Sep<11>2014 16:32 May 29, 2020 Jkt 250001 establishment or modification of regulations for residues of a pesticide chemical in or on various food commodities. Further information on the petition may be obtained through the petition summary referenced in this unit. PP 9F8780. Syngenta Crop Protection, LLC, 410 South Swing Rd., Greensboro, NC 27409, requests to amend an exemption from the requirement of a tolerance in 40 CFR 180.1254 to include residues of the fungicide Aspergillus flavus strain NRRL 21882 in or on all food and feed commodities of almond; corn, field; corn, pop; corn, sweet; peanut; and pistachio. The petitioner believes no analytical method is needed because a petition for an amendment to the currently existing exemption from tolerance for Aspergillus flavus strain NRRL 21882 has been submitted. Note: In the Federal Register of February 10, 2020 (85 FR 7499) (FRL–10004–54), EPA announced the filing of this petition to amend an exemption from the requirement of a tolerance for residues of Aspergillus flavus strain NRRL 21882 to include residues in or on almond and pistachio. Since that time, the petitioner provided a revised petition requesting a revision to the existing tolerance exemption to include all food and feed commodities of almond; corn, field; corn, pop; corn, sweet; peanut; and pistachio. In order to give the public an opportunity to comment on this new information, EPA is republishing its receipt of this tolerance exemption petition filing with an updated and accurate description. Authority: 21 U.S.C. 346a. Dated: May 13, 2020. Robert McNally, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. [FR Doc. 2020–11574 Filed 5–29–20; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R8–ES–2019–0065; 4500030113] RIN 1018–BE11 Endangered and Threatened Wildlife and Plants; Removing San Benito Evening-Primrose (Camissonia benitensis) From the Federal List of Endangered and Threatened Plants AGENCY: Fish and Wildlife Service, Interior. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 ACTION: Proposed rule. We, the U.S. Fish and Wildlife Service (Service or USFWS), propose to remove San Benito eveningprimrose (Camissonia benitensis) from the Federal List of Endangered and Threatened Plants. This determination is based on a thorough review of the best available scientific and commercial information, which indicates that the threats to the species have been reduced or eliminated so that the plant no longer meets the definition of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). We are seeking information and comments from the public regarding this proposed rule and the draft post-delisting monitoring plan for San Benito evening-primrose. DATES: We will accept comments received or postmarked on or before July 31, 2020. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by July 16, 2020. ADDRESSES: Comment submission: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: https:// www.regulations.gov. In the Search box, enter FWS–R8–ES–2019–0065, which is the docket number for this rulemaking. Then click on the Search button. On the resulting page, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rules link to locate this document. You may submit a comment by clicking on ‘‘Comment Now!’’ (2) By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn: FWS–R8–ES–2019–0065; U.S. Fish and Wildlife Service, MS: JAO/1N; 5275 Leesburg Pike, Falls Church, VA 22041– 3803. We request that you send comments only by the methods described above. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see Information Requested, below, for more information). Document availability: The recovery plan, 5-year review summary, and draft post-delisting monitoring plan referenced in this document are available at https://www.regulations.gov under Docket No. FWS–R8–ES–2019– 0065. SUMMARY: E:\FR\FM\01JNP1.SGM 01JNP1

Agencies

[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Proposed Rules]
[Pages 33059-33060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11574]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0692; FRL-10009-29]


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

AGENCY: Environmental Protection Agency (EPA).

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

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

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

DATES: Comments must be received on or before July 1, 2020.

ADDRESSES: Submit your comments, identified by docket identification 
number EPA-HQ-OPP-2019-0692, 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-send-comments-epa-docket.
    Please note that, due to the public health emergency, the EPA 
Docket Center (EPA/DC) and Reading Room was closed to public visitors 
on March 31, 2020. Our EPA/DC staff will continue to provide customer 
service via email, phone, and webform. For further information on EPA/
DC services, docket contact information, and the current status of the 
EPA/DC and Reading Room, please visit https://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:

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

[[Page 33060]]

must be submitted for inclusion in the public docket. Information so 
marked will not be disclosed except in accordance with procedures set 
forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at https://www.epa.gov/dockets/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, 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 pesticide 
discussed in this document, compared to the general population.

II. What action is EPA 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 180 for residues of a pesticide chemical in 
or on various food commodities. EPA 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 support 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 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 petition so that the public has an 
opportunity to comment on this request for the establishment or 
modification of regulations for residues of a pesticide chemical in or 
on various food commodities. Further information on the petition may be 
obtained through the petition summary referenced in this unit.
    PP 9F8780. Syngenta Crop Protection, LLC, 410 South Swing Rd., 
Greensboro, NC 27409, requests to amend an exemption from the 
requirement of a tolerance in 40 CFR 180.1254 to include residues of 
the fungicide Aspergillus flavus strain NRRL 21882 in or on all food 
and feed commodities of almond; corn, field; corn, pop; corn, sweet; 
peanut; and pistachio. The petitioner believes no analytical method is 
needed because a petition for an amendment to the currently existing 
exemption from tolerance for Aspergillus flavus strain NRRL 21882 has 
been submitted. Note: In the Federal Register of February 10, 2020 (85 
FR 7499) (FRL-10004-54), EPA announced the filing of this petition to 
amend an exemption from the requirement of a tolerance for residues of 
Aspergillus flavus strain NRRL 21882 to include residues in or on 
almond and pistachio. Since that time, the petitioner provided a 
revised petition requesting a revision to the existing tolerance 
exemption to include all food and feed commodities of almond; corn, 
field; corn, pop; corn, sweet; peanut; and pistachio. In order to give 
the public an opportunity to comment on this new information, EPA is 
republishing its receipt of this tolerance exemption petition filing 
with an updated and accurate description.

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

    Dated: May 13, 2020.
Robert McNally,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.
[FR Doc. 2020-11574 Filed 5-29-20; 8:45 am]
BILLING CODE 6560-50-P
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