[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
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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,
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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]
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