[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Proposed Rules]
[Pages 12311-12313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05639]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0006; FRL-9974-76]


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 20, 2018.

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: Robert McNally, Biopesticides and 
Pollution Prevention Division (7511P), main telephone number: (703) 
305-7090, email address: [email protected]; or Michael Goodis, 
Registration Division (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

[[Page 12312]]

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 petitions so that the public has an 
opportunity to comment on these requests for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petitions may be obtained 
through the petition summaries referenced in this unit.

Notice of Filing--Amended Tolerance Exemptions for Inerts (Except PIPS)

    PP IN-11082. (EPA-HQ-OPP-2018-0036). Pyxis Regulatory Consulting, 
Inc., 4110 136TH ST CT NW GIG Harbor, WA 98332, on behalf of Aceto 
Corporation, 4 Tri Harbor Court, Port Washington, NY 11050, requests to 
amend an exemption from the requirement of a tolerance for residues of 
1,1- difluoroethane (CAS Reg. No. 75-37-6) when used as an inert 
ingredient (propellant) in pesticide formulations applied to growing 
crops and raw agricultural commodities after harvest pre- and post-
harvest under 40 CFR 180.910 and animals under 40 CFR 180.930 to 
include use in bird repellant pesticide formulations. The petitioner 
believes no analytical method is needed because it is not required for 
an exemption from the requirement of a tolerance. Contact: RD.

Notice of Filing--Amended Tolerances for Non-Inerts

    PP 7E8631. (EPA-HQ-OPP-2017-0694). The Interregional Research 
Project No. 4 (IR-4), Rutgers, The State University of New Jersey, 500 
College Road East, Suite 201 W, Princeton, NJ 08540, proposes upon 
establishment of tolerances referenced above under ``New Tolerances'' 
to remove existing tolerances in 40 CFR part 180. 672 for residues of 
the insecticide cyantraniliprole, 3-bromo-1-(3-chloro-2-pyridinyl)-N-
[4-cyano-2-methyl-6-[((methylamino) carbonyl]phenyl]-1H-pyrazole-5-
carboxamide, including its metabolites and degradates in or on the 
following commodities in or on Brassica head and stem, subgroup 5A at 
3.0 ppm; Brassica leafy vegetables, subgroup 5B at 30 ppm; and 
Vegetable, leafy, except Brassica, group 4 at 20 ppm. The high-pressure 
liquid chromatography with ESI--MS/MS detection is used to measure and 
evaluate cyantraniliprole. Contact: RD.

Notice of Filing--New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11005. (EPA-HQ-OPP-2017-0179). Acadia Regulatory 
Consulting, LLC, 331 W King Road, Ithaca, NY 14850, on behalf of Lidan, 
Inc., 30 Wall Street, 8th Floor, New York, NY 10005, requests to 
establish an exemption from the requirement of a tolerance for residues 
for lignosulfonic acid, calcium, comp. with 1,6 hexanediamine polymer 
with guanidine hydrochloride (1:1), (CAS Reg. No. 1905409-74-6) with a 
minimum number average molecular weight (in amu) of 10,000 Daltons, 
when used as a inert ingredient in pesticide formulations under 40 CFR 
180.960. The petitioner believes no analytical method is needed because 
it is not t required for an exemption from the requirement of a 
tolerance. Contact: RD.
    2. PP IN-11058. (EPA-HQ-OPP-2017-0614). Exponent, 1150 Connecticut 
Ave. NW, Washington, DC 20036, on behalf of Aceto Corporation, 4 Tri 
Harbor Court, Port Washington, NY 11050, requests to establish an 
exemption from the requirement of a tolerance for residues of tin oxide 
(CAS Reg. No. 18282-10-5) when used as an inert ingredient (colorant) 
in pesticide formulations applied to growing crops under 40 CFR 180.920 
for seed treatment use only at a maximum concentration of 40% by weight 
in a pesticide formulation. The petitioner believes no analytical 
method is needed because it is not required for an exemption from the 
requirement of a tolerance. Contact: RD.
    3. PP IN-11077. (EPA-HQ-OPP-2017-0663). Spring Trading Comp., on 
behalf of Evonik Corp., P.O. Box 34628, Richmond, VA 23234, requests to 
establish an exemption from the requirement of a tolerance for residues 
of 2,4,7,9-tetramethyl-5-decyne-4,7-diol (CAS Reg. No. 126-86-3) and 
2,5,8,11-tetramethyldodec-6-yne-5,8-diol (CAS Reg. No. 68227-33-8) 
under 40 CFR 180.910 and 180.930 when used an inert ingredient 
(surfactant) in pesticide formulations. The petitioner believes no 
analytical method is needed because it is not required for an exemption 
from the requirement of a tolerance. Contact: RD.

Notice of Filing--New Tolerance Exemptions for Non-Inerts (Except PIPS)

    1. PP 7E8560. (EPA-HQ-OPP-2017-0705). Interregional Research 
Project Number 4 (IR-4), Rutgers, The State University of New Jersey, 
500 College Rd. East, Suite 201 W, Princeton, NJ

[[Page 12313]]

08540, requests to establish an exemption from the requirement of a 
tolerance in 40 CFR part 180 for residues of the microbial pesticide 
Metschnikowia fructicola strain NRRL Y-27328 in or on stone fruit, 
group 12-12; small fruit vine climbing, except fuzzy kiwifruit, 
subgroup 13-07F; and low growing berry, subgroup 13-07G. The petitioner 
believes no analytical method is needed because an exemption from the 
requirement of a tolerance is being proposed. Contact: BPPD.
    2. PP 7F8563. (EPA-HQ-OPP-2017-0748). Green Ravenna, Via Matteotti, 
16-48121, Ravenna, Italy (in care of toXcel, LLC, 7140 Heritage Village 
Plaza, Gainesville, VA 20155), requests to establish an exemption from 
the requirement of a tolerance in 40 CFR part 180 for residues of the 
fungicide Pseudomonas sp. strain DSMZ 13134 in or on all food 
commodities. The petitioner believes no analytical method is needed 
because an exemption from the requirement of a tolerance is being 
proposed. Contact: BPPD.
    3. PP 7F8574. (EPA-HQ-OPP-2017-0703). OmniLytics, Inc., 9100 South 
500 West, Sandy, UT 84070, requests to establish an exemption from the 
requirement of a tolerance in 40 CFR part 180 for residues of the 
bactericide bacteriophage active against Xanthomonas citri subsp. citri 
in or on citrus fruit, including orange, grapefruit, pummelo, mandarin, 
lemon, lime, tangerine, tangelo, and kumquat. The petitioner believes 
no analytical method is needed because an exemption from the 
requirement of a tolerance is being proposed. Contact: BPPD.
    4. PP 7F8621. (EPA-HQ-OPP-2017-0727). Andermatt Biocontrol AG, 
Stahlermatten 6, CH-6146 Grossdietwil, Switzerland (in care of SciReg, 
Inc., 12733 Director's Loop, Woodbridge, VA 22192), requests to 
establish an exemption from the requirement of a tolerance in 40 CFR 
part 180 for residues of the insecticide Autographa californica 
multiple nucleopolyhedrovirus (AcMNPV) strain FV#11 in or on all food 
commodities. The petitioner believes no analytical method is needed 
because AcMNPV strain FV#11 is naturally occurring and is not toxic or 
pathogenic; therefore, exposure to any residues of AcMNPV strain FV#11 
should not be of concern for human health. Contact: BPPD.

Notice of Filing--New Tolerances for Inerts

    PP IN-11030. (EPA-HQ-OPP- 2017-0591). Interregional Research 
Project No. 4, Rutgers, The State University of New Jersey, 500 College 
Road East, Suite 201 W, Princeton, NJ 08540 requests to amend a 
tolerance in 40 CFR part 180.560 for residues of cloquintocet-mexyl 
(acetic acid, [(5-chloro-8-quniolinyl)oxy]-, 1-methylhexyl ester) (CAS 
Reg. No. 99607-70-2) and its acid metabolite (5-chloro-8-
quinlinoxyacetic acid), for use as an inert ingredient (safener) in 
combination with existing listed active ingredients to include use in 
or on the raw agricultural commodities Teff, forage at 0.2 ppm; Teff, 
grain at 0.1 ppm; Teff, straw at 0.1]ppm; Teff, hay at 0.5 ppm. The 
High Performance Liquid Chromatography with Ultraviolet Detection 
(HPLC-UV) method is used for the determination of cloquintocet-mexyl 
(parent) and the HPLC-UV method allows determination of its acid 
metabolite for the proposed uses. Contact: RD.

Notice of Filing--New Tolerances for Non-Inerts

    PP 7E8631. (EPA-HQ-OPP-2017-0694). The Interregional Research 
Project No. 4 (IR-4), Rutgers, The State University of New Jersey, 500 
College Road East, Suite 201 W, Princeton, NJ 08540, requests to 
establish a tolerance in 40 CFR part 180.672 for residues of the 
insecticide cyantraniliprole, 3-bromo-1-(3-chloro-2-pyridinyl)-N-[4-
cyano-2-methyl-6-[((methylamino)carbonyl]phenyl]-1H-pyrazole-5-
carboxamide, including its metabolites and degradates in or on the 
following commodities in or on Berry, low growing, except strawberry, 
subgroup 13-07H, except blueberry, lowbush and lingonberry at 0.08 
parts per million (ppm) (proposal to replace an existing tolerance at 
the same level that is only for imported Berry, low growing, except 
strawberry, subgroup 13-07H, with a tolerance supporting both domestic 
production and imported low growing berries, except strawberries); 
Brassica, leafy greens, subgroup 4-16B at 30 ppm; Caneberry subgroup 
13-07A at 4.0 ppm; Celtuce at 20 ppm; Coffee, green bean at 0.05 ppm 
(proposal to replace an existing tolerance at the same level that is 
only for imported Coffee, green bean with a tolerance supporting both 
domestic production and imported coffee); Florence fennel at 20 ppm; 
Kohlrabi at 3.0 ppm; Leafy greens subgroup 4-16A at 20 ppm; Leaf 
petiole vegetable subgroup 22B at 20 ppm; and Vegetable, brassica, head 
and stem, group 5-16 at 3.0 ppm. The high-pressure liquid 
chromatography with ESI-MS/MS detection is used to measure and evaluate 
cyantraniliprole. Contact: RD.

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

    Dated: February 27, 2018.
Hamaad Syed,
Acting Director, Information Technology and Resources Management 
Division, Office of Pesticide Programs.
[FR Doc. 2018-05639 Filed 3-20-18; 8:45 am]
 BILLING CODE 6560-50-P