[Federal Register Volume 84, Number 52 (Monday, March 18, 2019)]
[Proposed Rules]
[Pages 9737-9739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04971]



40 CFR Parts 174 and 180

[EPA-HQ-OPP-2018-0577; FRL-9989-71]

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.


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 17, 2019.

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 
     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 
     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.


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.

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    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 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 Tolerances for Non-Inerts

    1. PP 8E8703. (EPA-HQ-OPP-2018-0683). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, 
NJ 08540, requests, upon approval of the ``New Tolerances'' entry for 
PP 8E8703 listed 202F; elsewhere in this publication, to remove the 
existing tolerances in 40 CFR 180.378 for the combined residues of the 
insecticide cis- and trans-permethrin isomers [cis-(3-
phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropane 
carboxylate] and [trans-(3-phenoxyphenyl)methyl 3-(2,2-
dichloroethenyl)-2,2-dimethylcyclopropane carboxylate] in/on the 
following agricultural commodities Cherry, sweet at 4.0 parts per 
million (ppm); Cherry, tart at 4.0 ppm; Leaf petioles subgroup 4B at 
5.0 ppm; Peach at 1.0 ppm; and Potato at 0.05 ppm. Contact: RD.
    2. PP 8E8717. (EPA-HQ-OPP-2018-0783). IR-4, 500 College Road East, 
Suite 201 W, Princeton, NJ 08540, requests, upon approval of ``New 
Tolerances'' for PP 8E8717 listed elsewhere in this publication, to 
remove the existing tolerance in 40 CFR 180.513 for residues of the 
insecticide chlorfenapyr, including its metabolites and degradates, 
determined by measuring only chlorfenapyr, 4-bromo-2-(4-chlorophenyl)-
1-(ethoxymethyl)-5-(trifluoromethyl)-1H-pyrrole-3-carbonitrile, in or 
on the agricultural commodities; Vegetable, fruiting, group 8-10 at 1.0 
parts per million. Contact: RD.
    3. PP 8F8719. (EPA-HQ-OPP-2018-0793). Makhteshim Agan of North 
America (d/b/a ADAMA, 3120 Highlands Blvd., Suite 100, Raleigh, NC 
27604), requests to: (1) Amend the tolerance expression in 40 CFR 
180.680 paragraphs (a) and (d) to read ``Tolerances are established for 
residues of the nematicide fluensulfone, including its metabolites and 
degradates, in or on the commodities in the table below. Compliance 
with the tolerance levels specified in the following table below is to 
be determined by measuring only the sum of fluensulfone, 5-chloro-2-
[(3,4,4-trifluoro-3-buten-1-yl)sulfonyl]thiazole and its metabolite, 
3,4,4-trifluoro-but-3-ene-1-sulfonic acid, calculated as the 
stoichiometric equivalent of fluensulfone, in or on the commodity''; 
and, (2) amend the tolerances in 40 CFR 180.680 for residues of the 
nematicide, fluensulfone and its metabolite BSA expressed as 
fluensulfone equivalents, on the raw agricultural commodities as 
follows: Almond hulls at 5 parts per million (ppm); Fruit, pome, group 
11 at 0.4 ppm; Fruit, small vine climbing subgroup 13-07D at 0.8 ppm; 
Fruit, stone, group 12 at 0.1 ppm; Grain cereal, forage, fodder and 
straw, group 16 at 3 ppm; and, rotated wheat (inadvertent residues with 
90-day PBI): Grain, cereal, group 15 at 0.05 ppm; Molasses at 0.3 ppm; 
and, rotated cereal grains (inadvertent residues with 10-month PBI): 
Nut, tree, group 14 at 0.04 ppm; Sugarcane at 0.05 ppm and Wheat grain 
(includes triticale) (Barley grain; Buckwheat grain; Oat grain; and 
Teosinte grain) at 0.1 ppm; Wheat bran (Barley bran) at 0.14 ppm; Wheat 
forage (Oat forage) at 6 ppm; Wheat germ at 0.10 ppm; Wheat hay (Barley 
hay and Oat hay) at 15 ppm; Wheat middlings at 0.10 ppm; Wheat shorts 
at 0.11 ppm; and, Wheat straw (Barley straw and Oat straw) at 6 ppm. 
The Liquid chromatography--Mass Spectrometry mass spectrometry (LC-MS/
MS) methods are used to measure and evaluate the chemical fluensulfone 
plus its metabolite 3,4,4-trifluoro-but-3-ene-1-sulfonic acid (BSA) 
expressed as fluensulfone equivalents. Contact: RD.

New Tolerance Exemptions for Non-Inerts (Except PIPS)

    1. PP 8F8688. (EPA-HQ-OPP-2018-0763). Central Coast Garden 
Products, 1354 Dayton St., Unit N, Salinas, CA 93901, requests to 
establish an exemption from the requirement of a tolerance in 40 CFR 
part 180 for residues of the fungicide and miticide sodium lauryl 
sulfate in or on all raw agricultural commodities when applied in 
accordance with good agricultural practices. The petitioner believes no 
analytical method is needed because the proposed exemption would extend 
to all food crops with no effective limit. The petitioner further 
points to the high degradability and minimal toxicity of sodium lauryl 
sulfate. Contact: BPPD.

New Tolerances for Non-Inerts

    1. PP 8E8701. (EPA-HQ-OPP-2018-0644). Interregional Research 
Project Number 4 (IR-4), IR-4 Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08450, requests to establish tolerances in 40 CFR 
180.593, for residues of the insecticide etoxazole (2-(2,6-
dihydrooxazole) in or on the agricultural commodities Beet, sugar, 
roots at 0.02 parts per million (ppm); Beet, sugar, dried pulp at 0.04 
ppm; and in/on the following plant leaves at 1.0 ppm: Alexanders 
leaves; Alocasia, leaves; American Solomon's seal,

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leaves; Angelica, leaves; Angular Solomon's seal, leaves; Arracacha, 
leaves; Artichoke, Jerusalem, leaves; Astralagus, leaves; Banana, 
Abyssinian, leaves; Bayberry, leaves; Bean, Goa, leaves ppm; Beet, 
garden, leaves; Beet, sugar, leaves; Bellflower, Chinese, leaves; Blue 
ape, leaves; Blue vervain, leaves; Bupleurum, leaves; Burdock, edible, 
leaves; Butchers broom, leaves; Canna, edible leaves; Carolina redroot, 
leaves; Carrot, leaves; Cassava, bitter, leaves; Cassava, sweet, 
leaves; Celeriac, leaves; Chayote, leaves; Chervil, turnip-rooted, 
leaves; Chicory, leaves; Chinese asparagus, leaves; Chinese-potato, 
leaves; Chinese skullcap, leaves; Cloveroot, leaves; Coltsfoot, leaves; 
Common skullcap, leaves; Cumin, black, leaves; Cup plant, leaves; 
Dahurian angelica, leaves; Dong quai, leaves; Echinacea, leaves; 
Elephant foot yam, leaves; Fodder beet, leaves; Fodder radish, leaves; 
Fodder turnip, leaves; Forskohlii, leaves; Fo-ti, leaves; Hydrangea, 
leaves; Indigo, leaves; Japanese knotweed, leaves; Leren, leaves; 
King's crown, leaves; Maca, leaves; Madeira vine, leaves; Marshmallow, 
leaves; Mashua, leaves; Mauka, leaves; Mustard, tuberous rooted 
Chinese, leaves; Nettle, leaves; Niu Xi, leaves; Oca, leaves; Parsley, 
turnip rooted, leaves; Parsnip, leaves; Polygala, leaves; Rampion, 
leaves; Rauwolfia, leaves; Rehmannia, leaves; Rutabaga, leaves; 
Salsify, leaves; Salsify, black, leaves; Salsify, Spanish, leaves; 
Schisandra, leaves; Shatavari, leaves; Siberian polygala, leaves; 
Siberian Solomon's seal, leaves; Silverweed, leaves; Skirret, leaves; 
Solomon's seal, leaves; Sweet gale, leaves; Sweet potato, leaves; 
Tanier leaves; Taro, leaves; Ti palm, leaves; Turkish rhubarb, leaves; 
Tyfon, leaves; Ullucu, leaves; Umckaloaba, leaves; Valerian, leaves; 
Velvet plant, leaves; Vetiver, roots; White peony, leaves; Yacon, 
leaves; Yam, Chinese, leaves; Yam, cushcush, leaves; Yam, greater, 
leaves; Yam, lesser, leaves; Yam, true, leaves; Yam, potato, leaves; 
Yam, white, leaves; Yam, yellow, leaves; Yellow dock, leaves. Adequate 
enforcement methodology, Gas Chromatograph/Mass Selective Detector (GC/
MSD) is available for detecting and measuring levels of etoxazole to 
enforce proposed tolerances. Gas chromatography with a nitrogen-
phosphorous detector (GC/NPD) enforcement methodology is also available 
to enforce proposed livestock commodity tolerances. Contact: RD.
    2. PP 8E8703. (EPA-HQ-OPP-2018-0683). 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 180.378 for the 
combined residues of the insecticide cis- and trans-permethrin isomers 
[cis-(3-phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-
dimethylcyclopropane carboxylate] and [trans-(3-phenoxyphenyl)methyl 3-
(2,2-dichloroethenyl)-2,2-dimethylcyclopropane carboxylate] in or on 
the agricultural commodities Celtuce at 5.0 parts per million (ppm); 
Cherry subgroup 12-12A at 4.0 ppm; Fennel, Florence at 5.0 ppm; Leaf 
petiole vegetable subgroup 22B at 5.0 ppm; Peach, subgroup 12-12B at 
2.0 ppm; Tea, plucked leaves at 20 ppm; Vegetable, tuberous and corm, 
subgroup 1C at 0.05 ppm; and a regional tolerance in/on Fruit, small, 
vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 2.0 ppm. 
Adequate analytical methods, gas chromatography (GC) electron capture 
detection (GC/ECD), are available for enforcing tolerances of 
permethrin in plants with a limit of quantitation (LOQ) of 0.05 ppm, 
which will allow monitoring of permethrin residues in crops at the 
levels proposed for the tolerances. Contact: RD.
    3. PP 8E8717. (EPA-HQ-OPP-2018-0783). IR-4, 500 College Road East, 
Suite 201 W, Princeton, NJ 08540, requests to establish tolerances for 
residues of the insecticide chlorfenapyr, including its metabolites and 
degradates, determined by measuring only chlorfenapyr, 4-bromo-2-(4-
carbonitrile, in or on the following agricultural commodities; Basil, 
fresh leaves at 80 parts per million (ppm); Chive, fresh leaves at 20 
ppm; Cucumber at 0.5 ppm; and to increase the established tolerance for 
Vegetable, fruiting, group 8-10 from 1.0 ppm to 2.0 ppm. Adequate 
analytical methods are available to enforce the tolerance expression. 
Method M2686 which uses gas chromatography/electron capture detection 
(GC/ECD) as a primary quantitation method and gas chromatography/Mass 
Spectrometry (GC/MS) as its confirmatory method is used to determine 
chlorfenapyr residues in various fruits (such as Stone Fruit, Pome 
Fruits, Strawberries, and Grapes). Method M2686 (with minor 
modification if needed) could be used the analysis of chlorfenapyr 
residues in basil and chives as well as for small fruited tomato and 
cucumber. Another method, designated as M2427, which uses GC/ECD is 
suitable for tolerance enforcement purposes for basil and chives. Both 
methods have a limit of quantitation (LOQ) of 0.05 ppm. Contact: RD.

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

    Dated: February 27, 2019.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2019-04971 Filed 3-15-19; 8:45 am]