Receipt of Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities (July 2021), 41809-41810 [2021-16333]

Download as PDF jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules concerns that such a list may not accurately reflect all employee benefits available to practitioners and would need frequent updates through the rulemaking process in order to remain relevant. The available benefits may vary between states and we would, again, defer to specific state laws and regulations as the basis for implementing the proposed rule. We are soliciting public comments on whether to codify a defined list of benefits that may be deducted from a provider’s payment and, on behalf of the provider, be made to third parties. We are also soliciting public comments on whether there are additional types of benefits that state Medicaid agencies make to third parties on behalf of a provider receiving benefits that were not contemplated in the examples described in this section. In particular, we are seeking comments on whether the described list of benefits is generally permissible and consistent with deductions or payments made by states on behalf of state employees, as well as examples of potential impermissible arrangements we may exclude from the final rule. Finally, we are requesting that commenters further explain why the benefits they provide as examples within their comments are permissible or impermissible under the proposed § 447.10(i). As noted in the Overall Impact section, we are also seeking public comments, as well as data on the type and amount of benefit deductions broken down by benefit that may be included under § 447.10(i). We considered but did not propose to require consent only for specific types of deductions, rather than all types of benefits, for which Medicaid payment amounts may be deducted and paid to a third party in the regulatory text based on the concern that we may not accurately capture all of the employee benefits practitioners believe should require consent. Additionally, identifying certain types of employee benefits for which payments may be deducted and paid to a third party in the regulatory text would also need frequent updates through the rulemaking process in order to remain relevant. We are soliciting public comments on whether to codify that consent is only required for deductions for certain types of employee benefits, which benefits, and why those benefits should require consent from the practitioner. We are also soliciting public comments on whether requiring consent for certain types of employee benefits is advantageous or disadvantageous for the state and practitioner rather than requiring VerDate Sep<11>2014 16:59 Aug 02, 2021 Jkt 253001 consent for all types of employee benefits. E. Conclusion List of Subjects in 42 CFR Part 447 Accounting, Administrative practice and procedure, Drugs, Grant programs— health, Health facilities, Health professions, Medicaid, Reporting and recordkeeping requirements, Rural areas. For the reasons set forth in the preamble, the Centers for Medicare & Medicaid Services proposes to amend 42 CFR chapter IV as set forth below: PART 447—PAYMENTS FOR SERVICES 1. The authority citation for part 447 continues to read as follows: Authority: 42 U.S.C. 1302 and 1396r–8. 2. Amend § 447.10 by revising paragraph (a) and adding new paragraph (i) to read as follows: ■ § 447.10 Prohibition against reassignment of provider claims. (a) Basis and purpose. This section implements section 1902(a)(32) of the Act which prohibits State payments for Medicaid services to anyone other than a provider or beneficiary, under an assignment, power of attorney, or similar arrangement, except in specified circumstances. * * * * * (i) Payment prohibition. The payment prohibition in section 1902(a)(32) of the Act and paragraph (d) of this section does not apply to payments to a third party on behalf of an individual practitioner for benefits such as health insurance, skills training, and other benefits customary for employees, in the case of a class of practitioners for which the Medicaid program is the primary source of revenue, if the practitioner voluntarily consents to such payments to third parties on the practitioner’s behalf. Dated: July 28, 2021. Andrea Palm, Deputy Secretary, Department of Health and Human Services. [FR Doc. 2021–16430 Filed 7–30–21; 4:15 pm] Receipt of Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities (July 2021) Environmental Protection Agency (EPA). AGENCY: Notices of filing of petitions and request for comment. ACTION: 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. SUMMARY: Comments must be received on or before September 2, 2021. DATES: Submit your comments, identified by docket identification (ID) number and the pesticide petition (PP) of interest as shown in the body of this document, online at 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. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets. Due to the public health concerns related to COVID–19, the EPA/DC and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on the EPA/DC and docket access, visit https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration Division (7505P), main telephone number: (703) 305–7090, email address: RDFRNotices@epa.gov. The mailing address for each contact person is: Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. As part of the mailing address, include the contact person’s name, division, and mail code. The division to contact is listed at the end of each pesticide petition summary. SUPPLEMENTARY INFORMATION: BILLING CODE 4120–01–P Fmt 4702 [EPA–HQ–OPP–2021–0088; FRL–8792–01– OCSPP] ADDRESSES: ■ Frm 00051 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 174 and 180 In accordance with the provisions of Executive Order 12866, this proposed rule was reviewed by the Office of Management and Budget. Chiquita Brooks-LaSure, Administrator of the Centers for Medicare & Medicaid Services, approved this document on July 21, 2021. PO 00000 41809 Sfmt 4702 E:\FR\FM\03AUP1.SGM 03AUP1 41810 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules I. General Information II. What action is the agency taking? A. Does this action apply to me? 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. 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). jbell on DSKJLSW7X2PROD with PROPOSALS 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 https://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. VerDate Sep<11>2014 16:59 Aug 02, 2021 Jkt 253001 Notice of Filing—Amended Tolerance Exemptions for Inerts (Except PIPs) IN–11547. (EPA–HQ–OPP–2021– 0383). CH Biotech R&D Co., Ltd. (601 Kettering Drive, Ontario, CA 91761) requests to amend an exemption from the requirement of a tolerance for residues of L-Glutamic Acid (LGA); (2S)-2-Aminopentanedioic Acid (CAS Reg. No. 56–86–0) when used as an inert ingredient (nutrient) in pesticide formulations applied on crops preharvest according to 40 CFR part 180.920, at a limit of not more than 6% by weight in pesticide formulations. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD. PO 00000 Frm 00052 Fmt 4702 Sfmt 9990 New Tolerance Exemptions for Inerts (Except PIPS) IN–11506. (EPA–HQ–OPP–2021– 0364). Exponent, Inc. (1150 Connecticut Ave, Suite 1100, Washington, DC 20036) on behalf of Lamberti USA, Incorporated (P.O. Box 1000 Hungerford, TX 77448) requests to establish an exemption from the requirement of a tolerance for residues of fatty acids, tall-oil, esters with triethanolamine, ethoxylated (CAS Reg. No. 68605–38–9) and fatty acids, C8–18 and C18-unsatd., esters with polyethylene glycol ether with triethanolamine (3:1) (CAS Reg. No. 2464873–19–4) when used as inert ingredients (surfactants) in pesticide formulations applied on crops pre- and post-harvest according to 40 CFR part 180.910. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD. New Tolerances For Non-Inerts PP 0F8863 & 0E8866. (EPA–HQ–OPP– 2021–0191). Syngenta Crop Protection, LLC 410 Swing Road Greensboro, NC 27419, requests to establish a tolerance in 40 CFR part 180 for residues of the fungicide difenoconazole in or on: Avocado at 0.15 parts per million (ppm); Caneberry subgroup 13–07A, at 3.0 ppm; Corn, field, grain at 0.015 ppm; Corn, field, stover at 10.0 ppm; Corn, field, forage at 3.0 ppm; Grain, aspirated fractions at 0.7 ppm; Corn, field, milled byproducts at 0.3 ppm; Corn, field, refined oil at 0.02 ppm; Corn, field, gluten meal at 0.05 ppm; Corn, pop, forage at 3.0 ppm; Corn, pop, grain at 0.01 ppm; Corn, pop, stover at 15 ppm; Corn, sweet, cannery waste at 0.03 ppm; Corn, sweet, ear at 0.01 ppm; Corn, sweet, forage at 15 ppm; Corn, sweet, stover at 15 ppm; Peanut, nutmeat at 0.01 ppm; Peanut hay at 20 ppm. The gas chromatography equipped with a nitrogen-phosphorous detector is used to measure and evaluate the chemical 1[2-[2-chloro-4-(4chlorophenoxy)phenyl]-4-methyl-1,3dioxolan-2-ylmethyl]-1H–1,2,4-triazole. Contact: RD. Authority: 21 U.S.C. 346a. Dated: July 21, 2021. Delores Barber, Director, Information Technology and Resources Management Division, Office of Program Support. [FR Doc. 2021–16333 Filed 8–2–21; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\03AUP1.SGM 03AUP1

Agencies

[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Proposed Rules]
[Pages 41809-41810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16333]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2021-0088; FRL-8792-01-OCSPP]


Receipt of Pesticide Petitions Filed for Residues of Pesticide 
Chemicals in or on Various Commodities (July 2021)

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 September 2, 2021.

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, online at 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. Additional instructions on commenting or visiting the 
docket, along with more information about dockets generally, is 
available at https://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the EPA/DC 
and Reading Room is closed to visitors with limited exceptions. The 
staff continues to provide remote customer service via email, phone, 
and webform. For the latest status information on the EPA/DC and docket 
access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration 
Division (7505P), main telephone number: (703) 305-7090, email address: 
[email protected]. The mailing address for each contact person is: 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001. As part of the mailing 
address, include the contact person's name, division, and mail code. 
The division to contact is listed at the end of each pesticide petition 
summary.

SUPPLEMENTARY INFORMATION:

[[Page 41810]]

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 https://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 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.
Notice of Filing--Amended Tolerance Exemptions for Inerts (Except PIPs)
    IN-11547. (EPA-HQ-OPP-2021-0383). CH Biotech R&D Co., Ltd. (601 
Kettering Drive, Ontario, CA 91761) requests to amend an exemption from 
the requirement of a tolerance for residues of L-Glutamic Acid (LGA); 
(2S)-2-Aminopentanedioic Acid (CAS Reg. No. 56-86-0) when used as an 
inert ingredient (nutrient) in pesticide formulations applied on crops 
pre-harvest according to 40 CFR part 180.920, at a limit of not more 
than 6% by weight in pesticide formulations. The petitioner believes no 
analytical method is needed because it is not required for an exemption 
from the requirement of a tolerance. Contact: RD.
New Tolerance Exemptions for Inerts (Except PIPS)
    IN-11506. (EPA-HQ-OPP-2021-0364). Exponent, Inc. (1150 Connecticut 
Ave, Suite 1100, Washington, DC 20036) on behalf of Lamberti USA, 
Incorporated (P.O. Box 1000 Hungerford, TX 77448) requests to establish 
an exemption from the requirement of a tolerance for residues of fatty 
acids, tall-oil, esters with triethanolamine, ethoxylated (CAS Reg. No. 
68605-38-9) and fatty acids, C8-18 and C18-unsatd., esters with 
polyethylene glycol ether with triethanolamine (3:1) (CAS Reg. No. 
2464873-19-4) when used as inert ingredients (surfactants) in pesticide 
formulations applied on crops pre- and post-harvest according to 40 CFR 
part 180.910. The petitioner believes no analytical method is needed 
because it is not required for an exemption from the requirement of a 
tolerance. Contact: RD.
New Tolerances For Non-Inerts
    PP 0F8863 & 0E8866. (EPA-HQ-OPP-2021-0191). Syngenta Crop 
Protection, LLC 410 Swing Road Greensboro, NC 27419, requests to 
establish a tolerance in 40 CFR part 180 for residues of the fungicide 
difenoconazole in or on: Avocado at 0.15 parts per million (ppm); 
Caneberry subgroup 13-07A, at 3.0 ppm; Corn, field, grain at 0.015 ppm; 
Corn, field, stover at 10.0 ppm; Corn, field, forage at 3.0 ppm; Grain, 
aspirated fractions at 0.7 ppm; Corn, field, milled byproducts at 0.3 
ppm; Corn, field, refined oil at 0.02 ppm; Corn, field, gluten meal at 
0.05 ppm; Corn, pop, forage at 3.0 ppm; Corn, pop, grain at 0.01 ppm; 
Corn, pop, stover at 15 ppm; Corn, sweet, cannery waste at 0.03 ppm; 
Corn, sweet, ear at 0.01 ppm; Corn, sweet, forage at 15 ppm; Corn, 
sweet, stover at 15 ppm; Peanut, nutmeat at 0.01 ppm; Peanut hay at 20 
ppm. The gas chromatography equipped with a nitrogen-phosphorous 
detector is used to measure and evaluate the chemical 1-[2-[2-chloro-4-
(4-chlorophenoxy)phenyl]-4-methyl-1,3-dioxolan-2-ylmethyl]-1H-1,2,4-
triazole. Contact: RD.

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

    Dated: July 21, 2021.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2021-16333 Filed 8-2-21; 8:45 am]
BILLING CODE 6560-50-P


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