[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Proposed Rules]
[Pages 52787-52789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22659]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 /
Proposed Rules
[[Page 52787]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2018-0577; FRL-9984-21]
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 November 19, 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
(7505P), main telephone number: (703) 305-7090, email address:
[email protected]; or Robert McNally, Biopesticides and Pollution
Prevention Division (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 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
[[Page 52788]]
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.
A. Amended Tolerance For Inerts
PP IN-11139. (EPA-HQ-OPP-2018-0243). Monsanto Company, 1300 I
Street, NW, Washington, DC 20005, requests to amend tolerances 40 CFR
180.471 for residues of furilazole (3-dichloroacetyl-5-(2-furanyl)-2,2-
dimethyloxazolidine; CAS Reg. No. 121776-33-8) when used as an inert
ingredient (herbicide safener) in or on the raw agricultural
commodities corn, sweet, forage at 0.01 ppm, corn, sweet, kernel plus
cob with husks removed at 0.01 parts per million (ppm), and, corn,
sweet, stover at 0.01 ppm. The gas liquid chromatography/mass
spectrometry with selected ion monitoring method is used to measure and
evaluate the chemical furilazole. Contact: RD.
B. Amended Tolerances for Non-Inerts
1. PP 8E8684. (EPA-HQ-OPP-2018-0514). Interregional Research
Project Number 4 (IR-4), Rutgers, The State University of New Jersey,
500 College Road East, Suite 201W, Princeton, NJ 08540, proposes upon
establishment of the tolerances referenced in this document under ``New
Tolerances'' for PP 8E8684, to remove existing tolerances in 40 CFR
180.585 for residues of the herbicide pyraflufen-ethyl, ethyl 2-[2-
chloro-5-(4-chloro-5-difluoromethoxy)-1-methyl-1H-pyrazol-3-yl]-4-
fluorophenoxy] acetate, and its acid metabolite, E-1, 2-chloro-5-(4-
chloro-5-difluoromethoxy-1-methyl-1H-pyrazol-3-yl)-4-
fluorophenoxyacetic acid, calculated as the stoichiometric equivalent
of pyraflufen-ethyl in or on cotton, undelinted seed at 0.04 ppm;
fruit, stone, group 12 at 0.01 ppm; grape at 0.01 ppm; nut, tree, group
14 at 0.01 ppm; olive at 0.01 ppm; and pistachio at 0.01 ppm. Contact:
RD.
2. PP 8E8689. (EPA-HQ-OPP-2018-0560). IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201W, Princeton,
NJ 08540, proposes upon establishment of the tolerances referenced in
this document under ``New Tolerances'' for PP 8E8689, to remove
existing tolerances in 40 CFR 180.553 for residues of the fungicide
fenhexamid (N-2,3-dichloro-4-hydroxyphenyl)-1-methyl
cyclohexanecarboxamide in or on the raw agricultural commodities:
Bushberry subgroup 13B at 5.0 ppm; caneberry subgroup 13A at 20.0 ppm,
cilantro, leaves at 30.0 ppm, fruit, stone, group 12, except plum,
prune, fresh, postharvest at 10.0 ppm; grape at 4.0 ppm; juneberry at
5.0 ppm; kiwifruit, postharvest at 15.0 ppm; leafy greens subgroup 4A,
except spinach at 30.0 ppm; lingonberry at 5.0 ppm; salal at 5.0 ppm;
strawberry at 3.0 ppm; and vegetable, fruiting, group 8, except nonbell
pepper at 2.0 ppm. The ``Method for the Determination of KBR 2738 (TM-
402) Residues in Plant Material by HPLC'' is used to measure and
evaluate the chemical fenhexamid. Contact: RD.
C. New Tolerance Exemptions for Inerts (Except PIPs)
1. IN-11109. (EPA-HQ-OPP-2018-0201). Exponent, Inc. (1150
Connecticut Ave, Suite 1100, NW, Washington, DC 20036) on behalf of
Croda, Inc. (315 Cherry Lane, New Castle, DE 19720) requests to
establish an exemption from the requirement of a tolerance for residues
of C1-C4 linear and branched chain alkyl d-glucitol dianhydro alkyl
ethers (C1-C4 Linear and Branched Chain AD-GDAE) cluster (D-glucitol,
1,4:3,6-dianhydro-2,5-di-O-methyl-(CAS Reg. No. 5306-85-4), D-glucitol,
1,4:3,6-dianhydro-2,5-di-O-ethyl- (CAS Reg. No. 30915-81-2), D-
glucitol, 1,4:3,6-dianhydro-2,5-di-O-propyl) (CAS Reg. No.107644-13-3),
D-glucitol, 1,4:3,6-dianhydro-2,5-bis-O-(1-methylethyl) -,(iso-propyl
diether) (CAS Reg. No. 103594-41-8), D-glucitol, 1,4:3,6-dianhydro-2,5-
di-O-butyl-(CAS Reg. No. 103594-41-9), D-glucitol, 1,4:3,6-dianhydro-
2,5-di-O-(1-methylpropyl)-, (CAS Reg. No. not assigned) and D-glucitol,
1,4:3,6-dianhydro-2,5-di-O-(2-methylpropyl)-, (CAS Reg. No. not
assigned) when used as an inert ingredient (solvent, co-solvent,
viscosity modifier and adjuvant) in pesticide formulations applied to
growing crops and raw agricultural commodities after harvest under 40
CFR 180.910, applied in/on animals under 40 CFR 180.930, in
antimicrobial formulations used in food contact surfaces in public
eating places, dairy processing equipment, and food-processing
equipment and utensils under 40 CFR 180.940(a) and in antimicrobial
formulations used for dairy processing equipment, and food-processing
equipment and utensils under 40 CFR 180.940(b). The petitioner believes
no analytical method is needed because it is not required for an
exemption from the requirement of a tolerance. Contact: RD.
2. PP IN-11126. (EPA-HQ-OPP-2018-0191). Spring Trading Company on
behalf of Clariant, 4000 Monroe Rd., Charlotte, NC 28205, requests to
establish an exemption from the requirement of a tolerance for residues
of N,N-Dimethylnonanamide (CAS Reg. No. 6225-08-7) when used as a
pesticide inert ingredient in pesticide formulations applied to growing
crops and raw agricultural commodities after harvest under 40 CFR
180.910 and in pesticide formulations applied to animals under 40 CFR
1280.930. The petitioner believes no analytical method is needed
because it is not required for an exemption from the requirement of a
tolerance. Contact: RD.
3. PP IN-11175. (EPA-HQ-OPP-2018-0545). SciReg, Inc., 12733
Director's Loop, Woodbridge, VA 22192, on behalf of Eden Research plc,
6 Priory Court, Priory Court Business Park, Poulton, Cirencester GL7
5JB, United Kingdom, requests to establish an exemption from the
requirement of a tolerance for residues of cell walls of Saccharomyces
cerevisiae when used as a pesticide inert ingredient in pesticide
formulations applied to growing crops only under 40 CFR 180.920. The
petitioner believes no analytical method is needed because it is not
required for an exemption from the requirement of a tolerance. Contact:
RD.
4. PP IN-11189. (EPA-HQ-OPP-2018-0546). Keller and Heckman LLP,
1001 G Street, NW, Suite 500 West, Washington, DC 20001, on behalf of
Synthomer USA LLC, requests to establish an exemption from the
requirement of a tolerance for residues of Polyvinyl acetate--polyvinyl
alcohol copolymer (CAS Reg. No. 25213-24-5) when used as a pesticide
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.
D. New Tolerances for Non-Inerts
1. PP 8E8684. (EPA-HQ-OPP-2018-0514). IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201W, Princeton,
NJ 08540, requests to establish tolerances in 40 CFR part 180.585 for
residues of the herbicide pyraflufen-ethyl, including its metabolites
and degradates in or on the raw agricultural commodities (RACs).
Compliance with the plant commodity tolerance levels specified below is
to be determined by measuring only the sum of the parent
[[Page 52789]]
pyraflufen-ethyl, ethyl 2-[2-chloro-5-(4-chloro-5-difluoromethoxy)-1-
methyl-1H-pyrazol-3-yl]-4-fluorophenoxy] acetate, and its acid
metabolite, E-1, 2-chloro-5-(4-chloro-5-difluoromethoxy-1-methyl-1H-
pyrazol-3-yl)-4-fluorophenoxyacetic acid, calculated as the
stoichiometric equivalent of pyraflufen-ethyl in or on the following
RACs: Cottonseed subgroup 20C at 0.04 ppm; fruit, small, vine climbing,
except fuzzy kiwifruit, subgroup 13-07F at 0.01 ppm; fruit, stone,
group 12-12 at 0.01 ppm; hop, dried cones at 0.02 ppm; nut, tree, group
14-12 at 0.01 ppm; tropical and subtropical, small fruit, edible peel,
subgroup 23A at 0.01 ppm; and vegetable, tuberous and corm, subgroup 1C
at 0.02 ppm. Available analytical methodology involves multiple-step
extractions of the chemical residues from plants and using Gas
Chromatograph-Mass Spectrometry (GC-MS) to measure and evaluate
pyraflufen-ethyl residues. Contact: RD.
2. PP 8E8689. (EPA-HQ-OPP-2018-0560). IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201W, Princeton,
NJ 08540, requests to establish tolerances in 40 CFR part 180.553 for
residues of the fungicide fenhexamid (N-2,3-dichloro-4-hydroxyphenyl)-
1-methyl cyclohexanecarboxamide in or on the raw agricultural
commodities: Arugula at 30.0 ppm; berry, low growing, subgroup 13-07G
at 3.0 ppm; bushberry subgroup 13-07B at 5.0 ppm; caneberry subgroup
13-07A at 20.0 ppm; fruit, small, vine climbing, except fuzzy
kiwifruit, subgroup 13-07F at 4.0 ppm; fruit, stone, group 12-12,
except plum, prune, fresh, postharvest at 10.0 ppm; garden cress at
30.0 ppm; kiwifruit, fuzzy at 30.0 ppm; leafy greens subgroup 4-16A,
except spinach at 30.0 ppm; onion, bulb, subgroup 3-07A at 2.0 ppm;
onion, green, subgroup 3-07B at 30.0 ppm; upland cress at 30.0 ppm; and
vegetable, fruiting, group 8-10, except nonbell pepper at 2.0 ppm. The
``Method for the Determination of KBR 2738 (TM-402) Residues in Plant
Material by HPLC'' is used to measure and evaluate the chemical
fenhexamid. Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: October 1, 2018.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2018-22659 Filed 10-17-18; 8:45 am]
BILLING CODE 6560-50-P