[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Proposed Rules]
[Pages 42818-42819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18406]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2018-0577; FRL-9982-37]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification 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 September 24, 2018.

ADDRESSES: Submit your comments, identified by the 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: Michael Goodis, Registration Division 
(RD) (7505P), main telephone number: (703) 305-7090, email address: 
[email protected]; or 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:
     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

[[Page 42819]]

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.

Amended Tolerance Exemption for Non-Inert (Except PIPS)

    PP 8F8680. (EPA-HQ-OPP-2018-0520). Eden Research plc, 6 Priory Ct., 
Priory Court Business Park, Poulton, Cirencester, GL7 5JB, United 
Kingdom (c/o SciReg, Inc., 12733 Director's Loop, Woodbridge, VA 
22192), requests to amend an exemption from the requirement of a 
tolerance in 40 CFR 180.1240 to include residues of the fungicide and 
nematocide thymol in or on raw agricultural commodities or processed 
food. The petitioner believes no analytical method is needed because an 
exemption from the requirement of a tolerance for residues of thymol is 
being requested; therefore, the requirement to provide an analytical 
method for detecting and measuring the levels of pesticide residue is 
not applicable. Contact: BPPD.

New Tolerance Exemption for Inert (Except PIPS)

    PP IN-11098. (EPA-HQ-OPP-2018-0203). Spring Trading Company (203 
Dogwood Trail, Magnolia, TX 77354) on behalf of Sasol Chemicals (USA) 
LLC, 12120 Wickchester Lane, Houston, TX 77079) requests to establish 
an exemption from the requirement of a tolerance for residues of 
alcohols, C2-33, manuf. of, by-products from, overheads (CAS Reg. No. 
876065-86-0) when used as an inert ingredient (solvent) in pesticide 
formulations applied to growing crops and or to raw agricultural 
commodities after harvest under 40 CFR 180.910 and applied to animals 
under 40 CFR 180.930. The petitioner believes no analytical method is 
needed because it is not required for an exemption from the requirement 
of a tolerance. Contact: RD.

New Tolerance Exemptions for Non-Inerts (Except PIPS)

    1. PP 8F8681. (EPA-HQ-OPP-2018-0522). Eden Research plc, 6 Priory 
Ct., Priory Court Business Park, Poulton, Cirencester, GL7 5JB, United 
Kingdom (c/o 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 fungicide eugenol in 
or on raw agricultural commodities or processed food. The petitioner 
believes no analytical method is needed because an exemption from the 
requirement of a tolerance for residues of eugenol is being requested; 
therefore, the requirement to provide an analytical method for 
detecting and measuring the levels of pesticide residue is not 
applicable. Contact: BPPD.
    2. PP 8F8690. (EPA-HQ-OPP-2016-0073). LAM International Corp., 117 
South Parkmont St., Butte, MT 59701, requests to establish an exemption 
from the requirement of a tolerance in 40 CFR part 180 for residues of 
the nematocide Purpureocillium lilacinum strain PL11 in or on all food 
commodities. The petitioner believes no analytical method is needed 
because, when used as proposed, Purpureocillium lilacinum strain PL11 
would not result in residues that are of toxicological concern. 
Contact: BPPD.

New Tolerances for Non-Inerts

    1. PP 8E8674. (EPA-HQ-OPP-2018-0525). Dow Agro Sciences LLC, 9330 
Zionsville Road, Indianapolis, Indiana 46268-1054, requests to 
establish import tolerances in 40 CFR part 180.495 for the residues of 
the insecticide spinosad, determined by measuring only the two related 
active ingredients: Spinosyn A (Factor A: CAS #131929-60-7) or 2-[(6-
deoxy-2,3,4-tri- O -methyl-[alpha]- L -manno-pyranosyl)oxy]-13-[[5-
(dimethylamino)-tetrahydro-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl-
2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-14-methyl-1H-as-
Indaceno[3,2-d]oxacyclododecin-7,15-dione; and Spinosyn D (Factor D; 
CAS #131929-63-0) or 2-[(6-deoxy-2,3,4-tri- O -methyl-[alpha]- L -
manno-pyranosyl)oxy]-13-[[5-(dimethyl-amino)-tetrahydro-6-methyl-2H-
pyran-2-yl]oxy]-9-ethyl-2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-
tetradecahydro-4,14-methyl-1H-as-Indaceno[3,2-d]oxacyclododecin-7,15-
dione] in or on tea, dried at 70 parts per million (ppm) and tea, 
instant at 70 ppm. The EPA has determined adequate tolerance 
enforcement methods are available for spinosad residues in a variety of 
plant and animal matrices including a number of high-performance liquid 
chromatography (HPLC)/Mass Spectrometry (MS)/MS methods. Additional 
details on the analytical methods can be found in the supporting 
documentation in docket ID (EPA-HQ-OPP-2011-0666-0025). Contact: (RD)
    2. PP 7F8640. (EPA-HQ-OPP-2018-0088). Syngenta Crop Protection, 
LLC, P.O. Box 18300 Greensboro, NC 27419-8300, requests to establish a 
tolerance in 40 CFR part 180 for residues of the insecticide, 
emamectin, in or on vegetable, cucurbit, group 9 at 0.03 parts per 
million. The high performance liquid chromatography (HPLC) analytical 
method is used to measure and evaluate the chemical emamectin. Contact: 
RD.

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

    Dated: August 13, 2018.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2018-18406 Filed 8-23-18; 8:45 am]
 BILLING CODE 6560-50-P