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Proposed Rule

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

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This is a proposed rule published in the Federal Register by Environmental Protection Agency. Proposed rules invite public comment before becoming final, legally binding regulations.

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Document Details

Document Number2025-03871
TypeProposed Rule
PublishedMar 11, 2025
Effective Date-
RIN-
Docket IDEPA-HQ-OPP-2024-0059
Text FetchedYes

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Related Documents (by RIN/Docket)

Doc #TypeTitlePublished
2025-02856 Proposed Rule Pesticides; Petition Seeking Rulemaking ... Feb 20, 2025
2024-31405 Proposed Rule Receipt of a Pesticide Petition Filed fo... Jan 13, 2025
2024-28805 Proposed Rule Receipt of a Pesticide Petition Filed fo... Dec 9, 2024
2024-25764 Proposed Rule Receipt of a Pesticide Petition Filed fo... Nov 12, 2024
2024-25474 Proposed Rule Receipt of a Pesticide Petition Filed fo... Nov 1, 2024
2024-18858 Proposed Rule Receipt of a Pesticide Petition Filed fo... Aug 27, 2024
2024-17125 Proposed Rule Receipt of a Pesticide Petition Filed fo... Aug 8, 2024
2024-14408 Proposed Rule Receipt of a Pesticide Petition Filed fo... Jul 1, 2024
2024-11225 Proposed Rule Receipt of a Pesticide Petition Filed fo... May 22, 2024
2024-09679 Proposed Rule Receipt of a Pesticide Petition Filed fo... May 3, 2024

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Full Document Text (1,176 words · ~6 min read)

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ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 180</CFR> <DEPDOC>[EPA-HQ-OPP-2024-0059; FRL-11682-12-OCSPP]</DEPDOC> <SUBJECT>Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (December 2024)</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Notification of filing and request for comment. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Comments must be received on or before April 10, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2024-0059, online at <E T="03">https://www.regulations.gov.</E> 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 <E T="03">https://www.epa.gov/dockets.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Charles Smith, Registration Division (RD) (7505T), main telephone number: (202) 566-1030, email address: <E T="03">RDFRNotices@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. General Information</HD> <HD SOURCE="HD2">A. Does this action apply to me?</HD> 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 proposed action to a particular entity, consult the person listed under <E T="02">FOR FURTHER INFORMATION CONTACT</E> . <HD SOURCE="HD2">B. What is the Agency's authority for taking this action?</HD> EPA regulations for residues of pesticide chemicals in or on various food commodities are established under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a. FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), requires EPA to publish a notice of receipt of these petitions in the <E T="04">Federal Register</E> and provide an opportunity for public comment on the requests. <HD SOURCE="HD2">C. What action is the Agency taking?</HD> As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is publishing notice of the receipt of pesticide petitions filed under FFDCA section 408 that request the establishment or modification of regulations for residues of pesticide chemicals in or on various food commodities. The Agency is taking public comment on the requests before responding to the petitioner. Pursuant to 40 CFR 180.7(f), a summary of the petition identified in this document, prepared by the petitioner, is included in a docket. 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), and 40 CFR 180.7(b); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting 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. Based upon review of the data supporting these petitions and in accordance with its authority under FFDCA section 408(d)(4)(A)(i), EPA may establish a final tolerance or tolerance exemption that “may vary from that sought by the petitioner.” For example, EPA may determine that it is appropriate to vary the commodity name for consistency with EPA's Food and Feed Commodity Vocabulary, which is located here <E T="03">https://www.epa.gov/pesticide-tolerances/food-and-feed-commodity-vocabulary,</E> or vary the tolerance level based on available data, harmonization interests, or the trailing zeros policy. In addition, when evaluating a petition's requests for a tolerance or exemption, EPA will consider how use of the pesticide on a crop for which a tolerance is requested may result in residues in or on commodities related to that requested commodity ( <E T="03">e.g.,</E> whether use on sugar beets for which a tolerance was requested on sugar beet root also requires a tolerance on sugar beet tops or whether use on a cereal grain for which a grain tolerance was requested also requires a tolerance on related animal feed commodities derived from that cereal grain). Public commenters should consider the possibility of such revisions in preparing comments on these petitions. <HD SOURCE="HD2">D. What should I consider as I prepare my comments for EPA?</HD> 1. <E T="03">Submitting CBI.</E> Do not submit CBI to EPA through <E T="03">https://www.regulations.gov</E> or email. If you wish to include CBI in your comment, please follow the applicable instructions at <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets#rules</E> and clearly mark the information that you claim to be CBI. In addition to one complete version of the comment that includes CBI, a copy of the comment without CBI must be submitted for inclusion in the public docket. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. <E T="03">Tips for preparing your comments.</E> When preparing and submitting your comments, see the commenting tips at <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E> <HD SOURCE="HD1">II. Petitions Received</HD> This unit provides the following information about the petitions received during this period: The Pesticide Petition (PP) Identification (IN) number; EPA docket ID number for the petition; Information about the petition ( <E T="03">i.e.,</E> name of the petitioner, name of the pesticide chemical residue and the commodities for which a tolerance or exemption is sought); The analytical method available to detect and measure the pesticide chemical residue or the petitioner's statement about why such a method is not needed; and the division to contact for that petition. Additional information on the petitions may be obtained through the petition summaries that were prepared by the petitioners pursuant to 21 U.S.C. 346a(d)(2)(A)(i)(I) and 40 CFR 180.7(b)(1), which are included in the related docket for the petition as identified in this unit. • <E T="03">PP 4F9115.</E> EPA-HQ-OPP-2024-0239. ISK Biosciences Corporation, 7470 Auburn Road, Suite A, Concord, Ohio 44077, requests to establish a tolerance in 40 CFR part 180 for residues of the fungicide Pyriofenone (5-chloro-2-methoxy-4-methyl-3-pyridinyl) (2,3,4-trimethoxy-6-methylphenyl) methanone, including its metabolites and degradates in or on apple at 0.30 parts per million (ppm); apple, wet pomace at 0.69 ppm; and cherry subgroup 12-12A at 1.5 ppm. The Liquid Chromatography tandem mass spectrometry (LC-MS/MS) is used to measure and evaluate the chemical Pyriofenone. <E T="03">Contact:</E> RD. • <E T="03">PP 4F9119.</E> EPA-HQ-OPP-2024-0239. ISK Biosciences Corporation, 7470 Auburn Road, Suite A, Concord, Ohio 44077, requests to establish a tolerance in 40 CFR part 180 for residues of the fungicide Pyriofenone (5-chloro-2-methoxy-4-methyl-3-pyridinyl) (2,3,4-trimethoxy-6-methylphenyl) methanone, including its metabolites and degradates in or on berry subgroup 13-07G (except cranberry) at 2.0 ppm. The LC-MS/MS is used to measure and evaluate the chemical Pyriofenone. <E T="03">Contact:</E> RD. <HD SOURCE="HED">Authority:</HD> 21 U.S.C. 346a. <SIG> <DATED>Dated: March 5, 2025.</DATED> <NAME>Kimberly Smith,</NAME> Acting Director, Information Technology and Resources Management Division, Office of Program Support. </SIG> </SUPLINF> <FRDOC>[FR Doc. 2025-03871 Filed 3-10-25; 8:45 am]</FRDOC>
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