[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]
 BILLING CODE 6560-50-P