[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Proposed Rules]
[Pages 11611-11614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04281]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2015-0032; FRL-9922-68]


Receipt of Several Pesticide Petitions Filed for Residues of 
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: This document announces the Agency's receipt of several 
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 April 3, 2015.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition number (PP) of interest as shown 
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online

[[Page 11612]]

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 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.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(RD) (7505P), main telephone number: (703) 305-7090; email address: 
[email protected]. Robert McNally, Biopesticides and Pollution 
Prevention Division (BPPD), (7511P), 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:

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:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]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 for the division listed at the end of the 
pesticide petition summary of interest.

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 http://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 its receipt of several 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 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 the 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 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), a summary of each of the petitions 
that are the subject of this document, prepared by the petitioner, is 
included in a docket EPA has created for each rulemaking. The docket 
for each of the petitions is available at http://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

    1. PP 4E8298. (EPA-HQ-OPP-2014-0591). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, 
NJ 08540, requests to establish a tolerance in 40 CFR part 180 for 
residues of the insecticide methoxyfenozide, including its metabolites 
and degradates in or on the following raw agricultural commodities 
under paragraph (a): Chive, fresh leaves at 30.0 parts per million 
(ppm); fruit, stone, group 12-12, except plum, prune, fresh at 3.0 ppm; 
and nut, tree, group 14-12 at 0.10 ppm. It is also proposed that the 
following tolerances under paragraph (a) be removed upon approval of 
the proposed tolerances listed above: Fruit, stone, group 12, except 
plum, prune, fresh at 3.0 ppm; pistachio at 0.10 ppm; and nut, tree, 
group 14 at 0.10 ppm; and in paragraph (d), chive at 4.5 ppm be 
removed. Adequate methods are available for tolerance enforcement in 
primary crops and animal commodities. Contact: RD.
    2. PP 4E8304. (EPA-HQ-OPP-2014-OPP-2014-0681). Sumitomo Chemical 
Latin America through U.S. Agent Valent USA Corporation, 1600 Riviera 
Avenue, Suite 200, Walnut Creek, CA 94596, requests to establish an 
import tolerance in 40 CFR part 180 for residues of the insecticide, 
etoxazole, 2-(2,6-difluorophenyl)-4-[4-(1,1-dimethylethyl)-2-
ethoxyphenyl]-4,5-dihydrooxazole, in or on orange and orange oil at 
0.08 ppm and 1.8 ppm. The gas chromatography with mass-selective 
detection (GC/MSD) enforcement

[[Page 11613]]

analytical method is used to measure and evaluate the chemical. 
Contact: RD.
    3. PP 4E8311. (EPA-HQ-OPP-2014-0784). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, 
NJ 08540, requests to establish a tolerance in 40 CFR part 180 for 
residues of the insecticide, flubendiamide, (N2-1,1-dimethyl-2-
(methylsulfonyl)ethyl-3-iodo-N1-2-methyl-4-1,2,2,2-tetrafluoro-1-
(trifluoromethyl)ethylphenyl-1,2-benzenedicarboxamide) in or on the 
following: Bushberry subgroup 13-07B at 8.0 ppm; Vegetable, fruiting 
group 8-10 at 0.60 ppm; Fruit, pome, group 11-10 at 1.5 ppm; Fruit, 
stone, group 12-12 at 1.6 ppm; Nut, tree, group 14-12 at 0.06 ppm; and 
Sunflower, subgroup 20B at 5.0 ppm. Upon the approval of the 
aforementioned tolerances, the petitioner requests to remove the 
established tolerances for flubendiamide in or on Fruit, pome, group 11 
at 1.5 ppm; Fruit, stone, group 12 at 1.6 ppm; Nut, tree, group 14 at 
0.06 ppm; Safflower, seed at 5.0 ppm; and Sunflower, seed at 5.0 ppm. 
Independently validated, analytical methods for crop matrices have been 
submitted for measuring flubendiamide. Typically, plant matrices 
samples are extracted, concentrated, and quantified by Liquid 
Chromotography with tandem mass spectrometry (LC/MS/MS) using 
deuterated internal standards. Contact: RD.
    4. PP 4E8319. (EPA-HQ-OPP-2014-0822). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, 
NJ 08540, requests to establish a tolerance in 40 CFR part 180 for 
residues of azoxystrobin (methyl (E)-2-{2-[6-(2-cyanophenoxy)pyrimidin-
4-yloxy]phenyl{time} -3-methoxyacrylate) and the Z isomer of 
azoxystrobin, (methyl (Z)-2-{2-[6-(2- cyanophenoxy)pyrimidin-4-
yloxy]pheny1{time} -3-methoxyacrylate) in or on the raw agricultural 
commodities Ti palm, leaves at 50 ppm; Ti palm, roots at 0.5 ppm; 
Fruit, stone, group 12-12 at 2.0 ppm; and Nut, tree, group 14-12 at 
0.02 ppm. Upon the approval of the aforementioned tolerances, the 
petitioner requests to remove the established tolerances for 
azoxystrobin in or on the raw agricultural commodities Fruit, stone, 
group 12 at 1.5 ppm; and Nut, tree, group 14 at 0.02 ppm. An adequate 
analytical method, gas chromatography with nitrogen-phosphorus 
detection (GC-NPD) or in mobile phase by high performance liquid 
chromatography with ultra-violet detection (HPLC-UV), is available for 
enforcement purposes with a limit of detection that allows monitoring 
of food with residues at or above the levels set in these tolerances. 
Contact: RD
    5. PP 4E8330. (EPA-HQ-OPP-2014-0879). Interregional Research 
Project No. 4 (IR-4), IR-4 Headquarters, 500 College Road East, Suite 
201 W, Princeton, NJ, requests to establish a tolerance in 40 CFR part 
180 for residues of the herbicide, penoxsulam (2-(2,2-difluoroethoxy)-
N-(5,8-dimethoxy[1,2,4] triazolo[1,5-c]pyrimidin-2-yl)-6-
(trifluoromethyl)benzenesulfonamide) in or on the following raw 
agricultural commodities: Fruit, pome, group 11-10 at 0.01 ppm, Fruit, 
stone, group 12-12 at 0.01 ppm, Fruit, small, vine climbing, subgroup 
13-07F, except Fuzzy kiwifruit at 0.01 ppm, Nut, tree, group 14-12 at 
0.01 ppm, Olive at 0.01 ppm, and Pomegranate at 0.01 ppm. In addition, 
the petitioner proposes based upon the establishment of the just 
mentioned new tolerances, removal of existing tolerances at 40 CFR 
180.605 for Grape at 0.01 ppm, Nut, tree, group 14 at 0.01 ppm and 
Pistachio at 0.01 ppm. The residues of penoxsulam were determined using 
the analytical method GRM 04.09 which involves sample extraction and 
preparation procedures, and analyses by liquid chromatography with 
positive-ion electrospray tandem mass spectrometry (LC/MS/MS). Contact: 
RD
    6. PP 4F8239. (EPA-HQ-OPP-2015-0031). Syngenta Crop Protection, 
LLC. 410 Swing Road. P.O. Box 18300. Greensboro, NC 27419, requests to 
establish a tolerance in 40 CFR 180.637 for residues of the fungicide, 
mandipropamid, in or on potato at 0.08 ppm. The RAM 415-02 is used to 
measure and evaluate the chemical mandipropamid. Contact: RD.

Amended Tolerance

    1. PP 4E8298. (EPA-HQ-OPP-2014-0591). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, 
NJ 08540, requests to amend the tolerances in 40 CFR 180.544 for 
residues of the insecticide, methoxyfenozide in or on onion, green, 
subgroup 3-07B at 5.0 ppm to onion, green, subgroup 3-07B, except chive 
at 5.0 ppm; and herb subgroup 19A, except chive at 400 ppm to Herb 
subgroup 19A, except chive, fresh leaves at 400 ppm. Adequate methods 
are available for tolerance enforcement in primary crops and animal 
commodities. Contact: RD.
    2. PP 4F8329. (EPA-HQ-OPP-2015-0031). Syngenta Crop Protection, 
LLC. 410 Swing Road. P.O. Box 18300. Greensboro, NC 27419, requests to 
amend the tolerance in 40 CFR 180.637 for residues of the fungicide, 
mandipropamid, in or on potato, wet peel at 0.12 parts per million 
(ppm), and amend the current tolerance commodity terminology which 
contains potato from ``vegetable, tuberous and corm, subgroup 1C'', to 
``vegetable, tuberous and corm, subgroup 1C, except potato''. The RAM 
415-02 analytical method is used to measure and evaluate the chemical 
mandipropamid. Contact: RD.

New Tolerance Exemption

    1. IN 10713. (EPA-HQ-OPP-2014-0630). ISK Biosciences Corporation, 
7470 Auburn Road, Suite A, Concord, OH 44077, requests to establish an 
exemption from the requirement of a tolerance for residues of dimethyl 
sulfoxide (CAS No.67-68-5), when used as a pesticide inert ingredient 
in pesticide formulations as a diluent in cyclaniliprole only 
formulations in accordance with 40 CFR 180.920. The petitioner believes 
no analytical method is needed because it is not required for the 
establishment of a tolerance exemption for inert ingredients. Contact: 
RD.
    2. IN-10720. (EPA-HQ-OPP-2014-0633). BASF Corporation, 26 Davis 
Drive, P.O. Box 13528 Research Triangle Park, NC, 27709, requests to 
establish an exemption from the requirement of a tolerance for residues 
of methanesulfonic acid (CAS No. 75- 75-2), when used as a pesticide 
inert ingredient in pesticide formulations for use on animals and in 
food contact surface sanitizing solutions. The petitioner believes no 
analytical method is needed because the request is for an exemption 
from the requirement of a tolerance. Contact: RD.
    3. IN-10748. (EPA-HQ-OPP-2014-0783). Huntsman Corporation (8600 
Gosling Road, The Woodlands, TX 77381, requests to establish an 
exemption from the requirement of a tolerance for residues of benzyl 
acetate (CAS No. 140-11-4), when used as a pesticide inert ingredient 
in pesticide formulations on growing crops under 40 CFR 180.920. The 
petitioner believes no analytical method is needed because the request 
is for an exemption from the requirement of a tolerance. Contact: RD.
    4. IN 10766. (EPA-HQ-OPP-2014-0793). West Agro, Inc., 11100 N. 
Congress Ave., Kansas City, MO 64153, requests to establish an 
exemption from the requirement of a tolerance for residues of acetic 
acid (CAS No. 64-19-7) when used as a pesticide inert ingredient in 
pesticide formulations not to exceed a concentration of 1,200 ppm, in a 
sanitizing end use product for use on dairy processing equipment and 
food-processing equipment and utensils under 40 CFR 180.940(b) and

[[Page 11614]]

180.940(c). The petitioner believes no analytical method is needed 
because it is not required for the establishment of a tolerance 
exemption for inert ingredients. Contact: RD.
    5. PP 4F8287. (EPA-HQ-OPP-2015-0023). CP Bio, Inc., 4802 Murrieta 
Street, Chino, CA 91710, requests to establish an exemption from the 
requirement of a tolerance in 40 CFR part 180 for residues of the 
biochemical plant growth regulator, Choline Chloride (Acetyl Choline), 
in or on all raw agricultural commodities, when applied pre-harvest. 
The analytical method High-Performance Liquid Chromatographic (HPLC) 
Analysis is available to EPA for the detection and measurement of the 
pesticide residue. Contact: BPPD.
    6. PP 4F8292. (EPA-HQ-OPP-2015-0017). Suterra LLC, 20950 NE Talus 
Place, Bend, OR 97701, requests to establish an exemption from the 
requirement of a tolerance in 40 CFR part 180 for residues of the 
arthropod pheromone, lavandulyl senecioate, in or on all raw 
agricultural commodities when applied to growing crops at a rate not to 
exceed 150 grams active ingredient/acre/year in accordance with good 
agricultural practices. The petitioner believes no analytical method is 
needed because significant residues of the pheromone active ingredient 
are not possible if use rates are limited to 150 grams pheromone active 
ingredient per acre per year. Contact: BPPD.
    7. PP 4F8313. (EPA-HQ-OPP-2014-0896). Technology Sciences Group, 
Inc., 712 Fifth St., Suite A, Davis, CA 95616 (on behalf of EctoPharma 
Ltd., Dunsdale Rd., Selkirk, TD7 5EB, United Kingdom), requests to 
establish an exemption from the requirement of a tolerance in 40 CFR 
part 180 for residues of the insecticide, 1,2-Octanediol, in or on all 
food commodities. The petitioner believes no analytical method is 
needed because it is expected that when the pesticide containing 1,2-
Octanediol is used as proposed, it would not result in residues that 
are of toxicological concern. Contact: BPPD.

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

    Dated: February 18, 2015.
Susan T. Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-04281 Filed 3-3-15; 8:45 am]
BILLING CODE 6560-50-P