[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Proposed Rules]
[Pages 47150-47152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17164]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 174 and 180
[EPA-HQ-OPP-2015-0032; FRL-9948-45]
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 August 19, 2016.
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 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]. 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:
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
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 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 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 Tolerances
PP 5F8379. EPA-HQ-OPP-2015-0559. Bayer CropScience, 2 T.W.
Alexander Drive, Research Triangle Park, NC 27709, requests to
establish a tolerance in 40 CFR part 180 for residues of the fungicide
penflufen, (1H-
[[Page 47151]]
Pyrazole-4-carboxamide, N-[2-(1,3-dimethylbutyl)phenyl]-5-fluoro-1,3-
dimethyl-) in or on beet, sugar, roots at 0.01 parts per million (ppm);
and beet, sugar, tops at 0.01 ppm. The high performance liquid
chromatography-electrospray ionization/tandem mass spectrometry (LC/MS/
MS) is used to measure and evaluate the chemical penflufen. Contact:
RD.
PP 6E8469. EPA-HQ-OPP-2016-0286. Bayer CropScience, P.O. Box 12014,
2 T.W. Alexander Drive, Research Triangle Park, NC 27709, requests to
establish a tolerance in 40 CFR part 180.626 for residues of the
fungicide, prothioconazole, in or on imported commodities in the
Sunflower subgroup 20B at 0.2 ppm. The LC/MS/MS analytical method is
used to measure and evaluate the chemical prothioconazole. Contact: RD.
PP 6E8473. EPA-HQ-OPP-2016-0333. BASF Corporation, 26 Davis Drive,
Research Triangle Park, NC 27709-3528, requests to establish a
tolerance in 40 CFR 180.513 for the residues of the insecticide
chlorfenapyr [4-bromo-2-(4-chlorophenyl)-1-(ethoxymethyl)-
5(trifluoromethyl)-1H-pyrrole-3-carbonitrile] in or on tea at 70 ppm.
The analytical method is designated as M 2427, a gas chromatography/
electron capture detection (GC/ECD) method with a limit of quantitation
(LOQ) of 0.05 ppm. Contact: RD.
PP 6E8480. EPA-HQ-OPP-2016-0342. IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201-W,
Princeton, NJ 08540, requests to establish tolerances in 40 CFR part
180.127 for residues of the insecticide piperonyl butoxide [(butyl
carbityl)(6-propyl piperonyl)ether], in or on fungi, edible, group 21
at 30 ppm. The analytical method consisting of high pressure LC/MS/MS
is used to measure and evaluate the chemical piperonyl butoxide.
Contact: RD.
PP 6F8451. EPA-HQ-OPP-2016-0325. SePRO Corporation, 11550 North
Meridian Street, Suite 600, Carmel, IN 46032, requests to establish a
tolerance in 40 CFR part 180.420 for residues of the herbicide
fluridone in or on cotton, gin byproducts at 0.1 ppm. The enzyme-linked
immunosorbant assay (ELISA), high performance liquid chromatography
with ultraviolet detection (HLPC/UV), and liquid chromatography with
tandem mass spectroscopy (LC-MSMS) is used to measure and evaluate the
chemical fluridone. Contact: RD.
PP 6F8470. EPA-HQ-OPP-2016-0295. Dow AgroSciences, 9330 Zionsville
Road, Indianapolis, IN 46268, requests to establish a tolerance in 40
CFR part 180.350 for residues of the herbicide, nitrapyrin [2-chloro-6-
(trichloromethyl) pyridine] and its metabolite, 6-chloropicolinic acid
(6-CPA), in or on nut, tree group 14-12 at 0.02 ppm and almond, hulls
at 0.07 ppm. Method 205G881A-1 determines residues of nitrapyrin by
extracting with deionized water and 1:1 (v/v) hexane:toluene. Extracts
are then concentrated and passed through a silica gel column before
being analyzed by gas chromatography with electron-impact mass
spectrometry detection. Method 205G881-B1 determines residues of 6-
chloropicolinic acid by extracting with aqueous 0.1 N sodium hydroxide.
Extracts are then acidified and cleaned up by C18 solid phase
extraction before being analyzed by liquid chromatography with tandem
mass spectrometry detection. Contact: RD.
Amended Tolerances
PP 5F8386. EPA-HQ-OPP-2016-0326. Tessenderlo Kerley, Inc., Suite
300, 2255 N. 44th Street, Phoenix, AZ 85008, requests to amend the
tolerance in the 40 CFR part 180.184 for residues of the herbicide
linuron in or on potatoes at 0.2 ppm by removing the regional
restrictions. The GC/MSD method is used to measure and evaluate the
chemical linuron. Contact: RD.
PP 6E8472. EPA-HQ-OPP-2016-0314. Interregional Research Project
Number 4 (IR-4), 500 College Road East, Suite 201W, Princeton, New
Jersey 08540, requests to amend 40 CFR part 180.345 by increasing the
existing tolerance for the combined residues of the herbicide
ethofumesate, (2-ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl
methanesulfonate) and its metabolites, 2-hydroxy-2,3-dihydro-3,3-
dimethyl-5-benzofuranyl methanesulfonate and 2,3-dihydro-3,3-dimethyl-
2-oxo-5-benzofuranyl methanesulfonate both calculated as the parent
compound in or on beet, sugar, molasses from 0.5 to 2.5 parts per
million (ppm); beet, sugar, refined sugar from 0.2 to 1.0 ppm; beet,
sugar, roots from 0.3 to 1.5 ppm; and beet, sugar, tops from 4.0 to
30.0 ppm. Liquid chromatography with tandem mass spectrometry analysis
is the analytical method used to identify and measure chemical residues
of ethofumesate. Contact RD.
PP IN-10858. EPA-HQ-OPP-2016-0121. Drexel Chemical Company, P.O.
Box 13327, Memphis, TN 38113-03227, requests to amend the tolerance in
40 CFR 180.469 for residues of dichlormid (CAS Reg. No. 37764-25-3),
when used as an inert ingredient (herbicide safener) in pesticide
formulations, to include tolerances at 0.05 ppm for all commodities for
which there are tolerances for the active ingredients metolachlor and
s-metolachlor (40 CFR 180.368). Gas Chromatography Mass Spectrometry
(GC-MS) with nitrogen selective thermionic detection is used to measure
and evaluate the chemical dichlormid. Contact: RD.
New Tolerance Exemptions
PP IN-10888. EPA-HQ-OPP-2016-0252. Bayer HealthCare, LLC, Animal
Health Division, P.O. Box 390 Shawnee Mission, KS 66201, requests to
establish an exemption from the requirement of a tolerance for residues
of titanium dioxide (CAS Reg. No. 13463-67-7) in or on honey when used
as a pesticide inert ingredient (colorant) at a concentration of not
more than 0.1% by weight in pesticide formulations intended for varroa
mite control around bee hives. The petitioner believes no analytical
method is needed because it is not required for an exemption from the
requirement of a tolerance. Contact: RD.
PP IN-10925. EPA-HQ-OPP-2016-0330. Momentive Performance Materials,
260 Hudson River Rd., Waterford, NY 12188, requests to establish an
exemption from the requirement of a tolerance for residues of acrylic
acid, butyl acrylate, styrene copolymer with a minimum number-average
molecular weight (in amu) of 5,200 (CAS Reg. No. 25586-20-3) when used
as an 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.
Amended Tolerance Exemptions
PP IN-10935. EPA-HQ-OPP-2016-0283. OMC Ag Consulting, 828
Tanglewood Lane, East Lansing, MI 48823, on behalf of Vive Crop
Protection Inc., 700 Bay St., Suite 1000, Toronto, ON M5G 1Z6, Canada,
requests to amend an exemption from the requirement of a tolerance for
residues of acrylic polymers composed of one or more of the following
monomers: Acrylic acid, butyl acrylate, butyl methacrylate,
carboxyethyl acrylate, ethyl acrylate, ethyl methacrylate, hydroxybutyl
acrylate, hydroxybutyl methacrylate, hydroxyethyl acrylate,
hydroxyethyl methacrylate, hydroxypropyl acrylate, hydroxypropyl
methacrylate, isobutyl methacrylate, lauryl methacrylate, methacrylic
acid, methyl acrylate, methyl methacrylate and stearyl methacrylate;
with none and/or one or more of the following
[[Page 47152]]
monomers: Acrylamide, diethyl maleate, dioctyl maleate, maleic acid,
maleic anhydride, monoethyl maleate, monooctyl maleate, N-methyl
acrylamide, N,N-dimethyl acrylamide, N-octylacrylamide; and their
corresponding ammonium, isopropylamine, monoethanolamine, potassium,
sodium triethylamine, and/or triethanolamine salts; the resulting
polymer having a minimum number average molecular weight (in amu),
1,200 when used as a pesticide inert ingredient in pesticide
formulations under 40 CFR 180.960 to include the monomers lauryl
acrylate and acrylamidopropyl methyl sulfonic acid. The petitioner
believes no analytical method is needed because the request is for an
exemption from the requirement of a tolerance. Contact: RD
Authority: 21 U.S.C. 346a.
Dated: June 30, 2016.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-17164 Filed 7-19-16; 8:45 am]
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