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Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Rules and Regulations
40 CFR Part 180

204600001; main telephone number:
703 3057090; email address:
BPPDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:

EPAHQOPP20200146; FRL1001854

I. General Information
Complex Polymeric Polyhydroxy Acids CPPA; Amendment to the Exemption From the Requirement of a Tolerance
A. Does this action apply to me?

ENVIRONMENTAL PROTECTION
AGENCY

Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

This regulation amends the existing tolerance exemption for residues of Complex Polymeric Polyhydroxy Acids CPPA in or on all food commodities as a plant growth regulator to add use as a nematicide in pesticide formulations. FBSciences, Inc.
submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act FFDCA requesting this amendment.
This regulation adds use as a nematicide to the existing tolerance exemption of CPPA under FFDCA.
DATES: This regulation is effective February 19, 2021. Objections and requests for hearings must be received on or before April 20, 2021, and must be filed in accordance with the instructions provided in 40 CFR part 178 see also Unit I.C. of the SUPPLEMENTARY INFORMATION.
ADDRESSES: The docket for this action, identified by docket identification ID
number EPAHQOPP20200146, is available at http www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket OPP Docket in the Environmental Protection Agency Docket Center EPA/DC, West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
204600001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is 202 5661744, and the telephone number for the OPP
Docket is 703 3055805.
Due to the public health concerns related to COVID19, the EPA Docket Center 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 EPA/DC
services and docket access, visit https
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, Biopesticides and Pollution Prevention Division 7511P, Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC

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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. How can I get electronic access to other related information?
You may access a frequently updated electronic version of 40 CFR part 180
through the Government Publishing Offices e-CFR site at http
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing request?
Under FFDCA section 408g, 21
U.S.C. 346ag, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPAHQ
OPP20200146 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before April 20, 2021. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR
178.25b.
In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing excluding any Confidential Business Information CBI for inclusion in the public docket.
Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified
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by docket ID number EPAHQOPP
20200146, 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 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 204600001.
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.
II. Background In the Federal Register of May 05, 2020 85 FR 26684 FRL1000846, EPA issued a document pursuant to FFDCA section 408d3, 21 U.S.C.
346ad3, announcing the filing of a pesticide tolerance petition PP 0F8822
by FBSciences, Inc., 153 N. Main Street, Ste. 100, Collierville, TN 380172691.
The petition requested that 40 CFR
180.1321 be amended by the addition of use as a nematicide to the already established exemption from the requirement of a tolerance for residues of Complex Polymeric Polyhydroxy Acids CPPA. That document referenced a summary of the petition prepared by the petitioner FBSciences, Inc., which is available in the docket for this action at http
www.regulations.gov. Although comments were received on the notice of filing, none were relevant to this tolerance rulemaking.
Section 408c2Ai of FFDCA
allows EPA to establish an exemption from the requirement of a tolerance the legal limit for a pesticide chemical residue in or on a food only if EPA
determines that the exemption is safe.
Section 408c2Aii of FFDCA
defines safe to mean that there is reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information. This includes exposure through drinking water and in residential settings but does not include occupational exposure. Pursuant to FFDCA section 408c2B, in making a determination to establish or maintain in effect an exemption from the
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