Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (February 2024), 20410-20411 [2024-06145]

Download as PDF 20410 Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Proposed Rules The EPA is taking action under the CAA on bases independent of the State’s evaluation of EJ. ddrumheller on DSK120RN23PROD with PROPOSALS1 VI. The EPA’s Proposed Action The EPA is proposing to approve New York’s May 12, 2020, supplemented on February 16, 2022, SIP submission as satisfying the regional haze requirements for the second implementation period contained in 40 CFR 51.308(f). VII. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 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 proposed 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 14094 (88 FR 21879, April 11, 2023); • 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 subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it approves a state program; • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and • 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 Clean Air Act. In addition, the SIP is not proposing 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 18:08 Mar 21, 2024 Jkt 262001 Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications and it 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). Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, February 16, 1994) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ The NYSDEC did not evaluate EJ considerations by means of an extensive and comprehensive EJ analysis as part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. Nevertheless, NYSDEC did reference existing EJ programs within its SIP submittal, as described above in section V, ‘‘Environmental Justice Considerations.’’ The EPA did not perform an EJ analysis and did not consider EJ in this action. Consideration of EJ is not required as part of this action, and there is no information in the record inconsistent with the stated goal of E.O. 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples. ENVIRONMENTAL PROTECTION AGENCY List of Subjects in 40 CFR Part 52 I. General Information Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides. A. Does this action apply to me? Authority: 42 U.S.C. 7401 et seq. Lisa Garcia, Regional Administrator, Region 2. [FR Doc. 2024–06105 Filed 3–21–24; 8:45 am] BILLING CODE P PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 40 CFR Part 180 [EPA–HQ–OPP–2024–0059; FRL–11682–02– OCSPP] Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (February 2024) Environmental Protection Agency (EPA). ACTION: Notice of filing of petition and request for comment. AGENCY: 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 22, 2024. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2024–0059, through the Federal eRulemaking Portal 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 and visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Dan Rosenblatt, Registration Division (RD) (7505T), main telephone number: (202) 566–2875, 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 application summary. SUMMARY: SUPPLEMENTARY INFORMATION: 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 E:\FR\FM\22MRP1.SGM 22MRP1 Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Proposed Rules 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). ddrumheller on DSK120RN23PROD with PROPOSALS1 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/ commenting-epa-dockets. 3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low-income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticides discussed in this document, compared to the general population. II. What action is the Agency taking? EPA is announcing receipt of 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 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 VerDate Sep<11>2014 18:08 Mar 21, 2024 Jkt 262001 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 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 pesticides in or on food commodities. Further information on the petition may be obtained through the petition summary referenced in this unit. New Tolerance Exemptions for Inerts (Except PIPS) 1. PP IN–11735. EPA–HQ–OPP–2023– 0608. From Pyxis Regulatory Consulting Inc. (4110 136th St. Ct. NW, Gig Harbor, WA 98332), on behalf of Tessara PTY Ltd., (35 Kimball Avenue Epping 2 Cape Town 7460 S Africa), requests to establish an exemption from the requirement of a tolerance for residues of Poly(oxy-1,2-ethanediyl), polymer with 1,2-ethandiol, 2-methyl-1,3propanediol, hexanedioic acid, 1,4benzenedicarboxylic acid, 1,3benzenedicarboxylic acid, 1,1′methylenebis[4-isocyanatobenzene] and 2-ethyl-2-(hydroxymethyl)-1,3propanediol, with a minimum number average molecular weight (in amu) of 1400 when used as a pesticide inert ingredient in pesticide formulations under 40 CFR 180.960. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD. 2. PP IN–11842. EPA–HQ–OPP–2024– 0104. Spring Regulatory Sciences, (6620 Cypresswood Dr., Suite 250, Spring, TX 77379), on behalf of Heubach Colorants USA, LLC, (5500 77 Center Drive, Suite 120/140, Charlotte, NC 28217–0160) requests to establish an exemption from the requirement of a tolerance for residues of Ethanol, 2,2′,2″-nitrilotris, PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 20411 compd. with a-hydro- hydroxypoly (oxy-1,2-ethanediyl) ether with N-[4-[[4[bis(2-hydroxyethyl)amino]phenyl](2,4disulfophenyl)methylene]-2,5cyclohexadien-1-ylidene]-2-hydroxy-N(2-hydroxyethyl)ethanaminium inner salt (1:4:1) (CAS Reg. No. 1147101–80– 1); minimum number average molecular weight (in amu) of 1460 when used as a pesticide inert ingredient in pesticide formulations under 40 CFR 180.960. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD. 3. PP IN–11843. EPA–HQ–OPP–2024– 0103. Spring Regulatory Sciences, (6620 Cypresswood Dr., Suite 250, Spring, TX 77379), on behalf of Heubach Colorants USA, LLC, (5500 77 Center Drive, Suite 120/140, Charlotte, NC 28217–0160), requests to establish an exemption from the requirement of a tolerance for residues of Poly(oxy-1,2-ethanediyl),ahydro-w-hydroxy-,ether with N-[4[bis[4-[bis(2 hydroxyethyl)aminophenyl]methylene]2,5-cyclohexadien-1-ylidene]-2hydroxy-N-(2hydroxyethyl) ethanaminium, benzenesulfonate (6:1:1) (CAS Reg. No. 1313600–46–2); minimum number average molecular weight (in amu) of 1370 when used as a pesticide inert ingredient in pesticide formulations under 40 CFR 180.960. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD. 4. PP IN–11844. EPA–HQ–OPP–2024– 0109. Momentive Performance Materials, Inc., 2750 Balltown Road, Niskayuna, NY 12309, requests to establish an exemption from the requirement of a tolerance for residues of methyl end-capped polydimethylsiloxane (CAS Reg. No. 63148–62–9) with a minimum number average molecular weight (inamu) of 1,298 when used as a pesticide inert ingredient in pesticide formulations under 40 CFR 180.960. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD. Authority: 21 U.S.C. 346a. Dated: March 14, 2024. Delores Barber, Director, Information Technology and Resources Management Division, Office of Program Support. [FR Doc. 2024–06145 Filed 3–21–24; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\22MRP1.SGM 22MRP1

Agencies

[Federal Register Volume 89, Number 57 (Friday, March 22, 2024)]
[Proposed Rules]
[Pages 20410-20411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06145]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2024-0059; FRL-11682-02-OCSPP]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities (February 2024)

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 22, 2024.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2024-0059, through the Federal eRulemaking 
Portal 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 and visiting the docket, along with more 
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Dan Rosenblatt, Registration Division 
(RD) (7505T), main telephone number: (202) 566-2875, 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 application 
summary.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document

[[Page 20411]]

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/commenting-epa-dockets.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low-income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the pesticides 
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    EPA is announcing receipt of 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 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 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 pesticides in or on food 
commodities. Further information on the petition may be obtained 
through the petition summary referenced in this unit.

New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11735. EPA-HQ-OPP-2023-0608. From Pyxis Regulatory 
Consulting Inc. (4110 136th St. Ct. NW, Gig Harbor, WA 98332), on 
behalf of Tessara PTY Ltd., (35 Kimball Avenue Epping 2 Cape Town 7460 
S Africa), requests to establish an exemption from the requirement of a 
tolerance for residues of Poly(oxy-1,2-ethanediyl), polymer with 1,2-
ethandiol, 2-methyl-1,3-propanediol, hexanedioic acid, 1,4-
benzenedicarboxylic acid, 1,3-benzenedicarboxylic acid, 1,1'-
methylenebis[4-isocyanatobenzene] and 2-ethyl-2-(hydroxymethyl)-1,3-
propanediol, with a minimum number average molecular weight (in amu) of 
1400 when used as a pesticide inert ingredient in pesticide 
formulations under 40 CFR 180.960. The petitioner believes no 
analytical method is needed because it is not required for an exemption 
from the requirement of a tolerance. Contact: RD.
    2. PP IN-11842. EPA-HQ-OPP-2024-0104. Spring Regulatory Sciences, 
(6620 Cypresswood Dr., Suite 250, Spring, TX 77379), on behalf of 
Heubach Colorants USA, LLC, (5500 77 Center Drive, Suite 120/140, 
Charlotte, NC 28217-0160) requests to establish an exemption from the 
requirement of a tolerance for residues of Ethanol, 2,2',2''-
nitrilotris, compd. with [alpha]-hydro- hydroxypoly (oxy-1,2-
ethanediyl) ether with N-[4-[[4-[bis(2-hydroxyethyl)amino]phenyl](2,4-
disulfophenyl)methylene]-2,5-cyclohexadien-1-ylidene]-2-hydroxy-N-(2-
hydroxyethyl)ethanaminium inner salt (1:4:1) (CAS Reg. No. 1147101-80-
1); minimum number average molecular weight (in amu) of 1460 when used 
as a pesticide inert ingredient in pesticide formulations under 40 CFR 
180.960. The petitioner believes no analytical method is needed because 
it is not required for an exemption from the requirement of a 
tolerance. Contact: RD.
    3. PP IN-11843. EPA-HQ-OPP-2024-0103. Spring Regulatory Sciences, 
(6620 Cypresswood Dr., Suite 250, Spring, TX 77379), on behalf of 
Heubach Colorants USA, LLC, (5500 77 Center Drive, Suite 120/140, 
Charlotte, NC 28217-0160), requests to establish an exemption from the 
requirement of a tolerance for residues of Poly(oxy-1,2-ethanediyl),a-
hydro-[omega]-hydroxy-,ether with N-[4-[bis[4-[bis(2 
hydroxyethyl)aminophenyl]methylene]-2,5-cyclohexadien-1-ylidene]-2-
hydroxy-N-(2hydroxyethyl) ethanaminium, benzenesulfonate (6:1:1) (CAS 
Reg. No. 1313600-46-2); minimum number average molecular weight (in 
amu) of 1370 when used as a pesticide inert ingredient in pesticide 
formulations under 40 CFR 180.960. The petitioner believes no 
analytical method is needed because it is not required for an exemption 
from the requirement of a tolerance. Contact: RD.
    4. PP IN-11844. EPA-HQ-OPP-2024-0109. Momentive Performance 
Materials, Inc., 2750 Balltown Road, Niskayuna, NY 12309, requests to 
establish an exemption from the requirement of a tolerance for residues 
of methyl end-capped polydimethylsiloxane (CAS Reg. No. 63148-62-9) 
with a minimum number average molecular weight (inamu) of 1,298 when 
used as a pesticide inert ingredient in pesticide formulations under 40 
CFR 180.960. The petitioner believes no analytical method is needed 
because it is not required for an exemption from the requirement of a 
tolerance. Contact: RD.

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

    Dated: March 14, 2024.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2024-06145 Filed 3-21-24; 8:45 am]
BILLING CODE 6560-50-P
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