[Federal Register Volume 84, Number 52 (Monday, March 18, 2019)]
[Proposed Rules]
[Pages 9735-9737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04975]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2019-0041; FRL-9989-90]


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 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 
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

[[Page 9736]]

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.

A. Amended Tolerances for Non-Inerts

    PP 8F8659. (EPA-HQ-OPP-2018-0260). Monsanto Company, 1300 I St. NW, 
Suite 450 East, Washington, DC 20052, requests to amend the tolerance 
in 40 CFR part 180 for residues of the herbicide dicamba in or on corn, 
grain at 0.1 parts per million (ppm); corn, stover at 20 ppm; and corn, 
forage at 6 ppm. The gas chromatography/electron capture detector (GC/
ECD) is used to measure and evaluate the chemical dicamba. Contact: RD.

B. New Tolerance Exemptions From Inerts (Except PIPS)

    PP IN-11260. (EPA-HQ-OPP-2018-0845). BASF Corporation, 26 Davis 
Drive, Research Triangle Park, NC 27709, requests to establish an 
exemption from the requirement of a tolerance in 40 CFR part 180.960 
for residues of formaldehyde, reaction products with melamine (CAS Reg. 
No. 94645-56-4); 1,3,5-Triazine-2,4,6-triamine, polymer with 
formaldehyde (CAS Reg. No. 9003-08-1); Formaldehyde, reaction products 
with melamine and methanol (CAS Reg. No. 94645-53-1); and 1,3,5-
Triazine-2,4,6-triamine, polymer with formaldehyde, methylated (CAS 
Reg. No. 68002-20-0) collectively identified as ``Melamine Formaldehyde 
Polycondensate Resin'' when used as a pesticide inert ingredient 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.

C. Notice of Filing--New Tolerance Exemptions for PIPS

    PP IN-11257. (EPA-HQ-OPP-2018-0403). Hangzhou Ruifeng Biosciences 
Co., Ltd., 1500 Wenyi Rd., Building 1, Room 103, Hangzhou, China (c/o 
GA Bannon Consulting LLC, 13 Blue Flag Court, Dardenne Prairie, MO 
63368), requests to establish an exemption from the requirement of a 
tolerance in 40 CFR part 174 for residues of the plant-incorporated 
protectant (PIP) inert ingredient Deinococcus radiodurans 5-
enolpyruvylshikimate-3-phosphate synthase (EPSPS) protein in or on food 
and feed commodities of all plants. The petitioner believes no 
analytical method is needed because an exemption from the requirement 
of a tolerance is being sought. Contact: BPPD.

D. Notice of Filing--New Tolerances for Non-Inerts

    1. PP 8E8671. EPA-HQ-OPP-2018-0206. Bayer CropScience LP2, T.W. 
Alexander Dr., Research Triangle Park, NC 27709, requests to establish 
a tolerance in 40 CFR part 180 for residues of the fungicide, 
trifloxystrobin, in or on tea, dried at 5 ppm. The gas chromatography 
method with nitrogen phosphorus detection (GC/NPD) is used to measure 
and evaluate the chemical trifloxystrobin and the free form of its acid 
metabolite CGA-321113. Contact: RD.
    2. PP 7F8612. EPA-HQ-OPP-2018-0002. BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, North Carolina 27709-
3528, requests to establish tolerance in 40 CFR part 180 for residues 
of the fungicide mefentrifluconazole (BAS 750 F); 2-[4-(4-
chlorophenoxy)-2-(trifluoromethyl)phenyl]-1-(1H-1,2,4-triazole-1-
yl)propan-2-ol] in or on the following raw agricultural commodities: 
Almond, hulls at 4 ppm; barley, hay at 15 ppm; barley, straw at 30 ppm; 
cattle, fat at 0.3 ppm; cattle, kidney at 0.2 ppm; cattle, liver at 0.5 
ppm; cattle, meat at 0.09 ppm; cattle, muscle at 0.04 ppm; cereal 
grains crop group 15, except wheat and corn at 3 ppm; cherry subgroup 
12-12A at 4 ppm; citrus, oil at 30 ppm; corn, aspirated grain fractions 
at 0.3 ppm; corn, field, grain at 0.01 ppm; corn, pop, grain at 0.01 
ppm; corn, sweet, forage at 6 ppm; corn, sweet, grain at 0.02 ppm; 
foliage of legume vegetables, except soybean, crop subgroup 7A at 20 
ppm; forages of cereal grains, crop group 16 at 4 ppm; goat, fat at 0.3 
ppm; goat, kidney at 0.2 ppm; goat, liver at 0.5 ppm; goat, meat at 
0.09 ppm; goat, muscle at 0.04 ppm; grape, raisin at 4 ppm; grain, 
cereal, forage, fodder, and straw, group 16, stover at 9 ppm; 
grapefruit subgroup 10-10C at 1 ppm; horse, fat at 0.3 ppm; horse, 
kidney at 0.2 ppm; horse, liver at 0.5 ppm; horse, meat at 0.09 ppm; 
horse, muscle at 0.04 ppm; legume vegetables (succulent or dried) crop 
group 6, except lentil at 0.1 ppm; lemon/lime subgroup 10-10B at 2 ppm; 
lentil, dry at 2 ppm; milk at 0.03 ppm; orange subgroup 10-10A at 1 
ppm; peach subgroup 12-12B at 2 ppm; peanut at 0.01 ppm; peanut, hay at 
30 ppm; plum prune, fresh at 4 ppm; plum subgroup 12-12C at 2 ppm; pome 
fruit crop group 11-10 at 1.5 ppm; poultry, eggs at 0.01 ppm; poultry, 
fat at 0.01 ppm; poultry, liver at 0.01 ppm; poultry, meat at 0.01 ppm; 
poultry, muscle at 0.01 ppm; poultry, skin at 0.01 ppm; rapeseed 
subgroup 20A at 1 ppm; rice, straw at 9 ppm; sheep, fat at 0.3 ppm; 
sheep, kidney at 0.2 ppm; sheep, liver at 0.5 ppm; sheep, meat at 0.09 
ppm; sheep, muscle at 0.04 ppm; small fruit vine climbing, except fuzzy 
kiwifruit subgroup 13-07F at 1.5 ppm; soybean, aspirated grain 
fractions at 5 ppm; soybean, forage at 4 ppm; soybean, hay at 15 ppm; 
soybean, seed at 0.3 ppm; sugar beet at 0.6 ppm; sugar beet, top at 9 
ppm; swine, fat at 0.01 ppm; swine, liver at 0.01 ppm; swine, meat at 
0.01 ppm; swine, skin at 0.01 ppm; tree nut crop group 14-12 at 0.06 
ppm; tuberous and corm vegetables subgroup 1C at 0.02 ppm; wheat, 
aspirated grain fractions at 20 ppm; wheat, grain at 0.4 ppm; wheat, 
hay at 8 ppm; and wheat,

[[Page 9737]]

straw at 30 ppm. The independently validated method (L0295/01, based on 
the QuEChERS method) was used for analyzing residues of BAS 750 F with 
appropriate sensitivity and selectivity in all crops and processed 
commodities. Two independently validated methods (L0272/01 and L0309/
01) have been submitted for analyzing residues of BAS 750 F and its 
metabolite M750F022 (and conjugates) in animal commodities with 
appropriate sensitivity and selectivity, to measure and evaluate the 
chemical mefentrifluconazole. Contact: RD.
    3. PP 7F8634. EPA-HQ-OPP-2018-0038. Valent U.S.A. LLC, 1600 Riviera 
Avenue, Suite 200, Walnut Creek, CA 94596, requests to establish a 
tolerance in 40 CFR part 180 for residues of the fungicide inpyrfluxam, 
S-2399, in or on apple at 0.01 ppm; apple, wet pomace at 0.03 ppm; 
beet, sugar, dried pulp at 0.05 ppm; beet, sugar, molasses at 0.03 ppm; 
beet, sugar, roots at 0.01 ppm; corn, field, forage at 0.02 ppm; corn, 
field, grain at 0.01 ppm; corn, field, stover at 0.02 ppm; corn, pop, 
grain at 0.01 ppm; corn, pop, stover at 0.02 ppm; corn, sweet, kernel 
plus cob with husks removed at 0.01 ppm; peanut at 0.01 ppm; peanut, 
hay at 2.0 ppm, rice, grain at 0.01 ppm; rice, bran at 0.02 ppm; rice, 
hulls at 0.05 ppm; soybean, seed at 0.01 ppm. The HPLC-MS/MS method is 
used to measure and evaluate the chemical inpyrfluxam. Contact: RD.
    4. PP 7F8647. EPA-HQ-OPP-2018-0677. ISK Biosciences Corporation, 
7470 Auburn Road, Suite A, Concord, Ohio 44077, requests to establish a 
tolerance in 40 CFR part 180 for residues of the fungicide pyriofenone, 
(5-chloro-2-methoxy-4-methyl-3-pyridinyl)(2,3,4-trimethoxy-6-
methylphenyl)methanone, in or on fruiting vegetable crop group 8-10 at 
0.30 ppm. The liquid chromatography-MS/MS is used to measure and 
evaluate the chemical pyriofenone. Contact: RD.
    5. PP 8F8682. EPA-HQ-OPP-2018-0579. McLaughlin Gormly King Company 
(MGK), 8810 10th Ave. N Golden Valley, MN 55427, requests to establish 
a tolerance in 40 CFR part 180 for residues of the insecticide, 
pyrethrin, in or on the raw commodity of bananas at 6 ppm. The liquid 
chromatography-mass spectrometry/mass spectrometry (LC/MS/MS) method is 
used to measure and evaluate the chemical pyrethrins I (PY I) and 
pyrethrins II (PYII) in various ratios. PY I and PY II consist of three 
esters each: Pyrethrin I, jasmolin I and cinerin I in PY I; and 
pyrethrin II, jasmolin II, and cinerin II in PY II. Contact: RD.

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

    Dated: February 21, 2019.
Hamaad Syed,
Acting Director, Information Technology and Resources Management 
Division, Office of Pesticide Programs.
[FR Doc. 2019-04975 Filed 3-15-19; 8:45 am]
 BILLING CODE 6560-50-P