[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Proposed Rules]
[Pages 12454-12456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04265]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0053; FRL-10005-58]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities (January 2020)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petition and request for comment.

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SUMMARY: This document announces the Agency's receipt of an initial 
filing of a pesticide petition 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 2, 2020.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number 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).

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

[[Page 12455]]

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 receipt of a pesticide petition 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 and/or part 180 for residues of 
pesticide chemicals in or on various food commodities. The Agency is 
taking public comment on the request before responding to the 
petitioner. EPA is not proposing any particular action at this time. 
EPA has determined that the pesticide petition described in this 
document contains 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 
supports granting of the pesticide petition. 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 this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition that is the 
subject of this document, prepared by the petitioner, is included in a 
docket EPA has created for this rulemaking. The docket for this 
petition 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 petition so that the public has an 
opportunity to comment on this request for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petition may be obtained 
through the petition summary referenced in this unit.

A. Amended Tolerances for Non-Inerts

    1. PP 9F8761. (EPA-HQ-OPP-2020-0046). Syngenta Crop Protection, 
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to amend the 
tolerances in 40 CFR 180.662 for residues of the herbicide trinexapac-
ethyl in or on Sugarcane, cane at 1.5 parts per million (ppm) and 
Sugarcane, molasses at 5.0 ppm. The method for determining the residues 
in crops, expressed as major metabolite CGA-179500 is LC-MS-MS and is 
used to measure and evaluate the chemical trinexapac-ethyl. Contact: 
RD.
    2. PP 9F8764. (EPA-HQ-OPP-2020-0047). Syngenta Crop Protection, 
LLC. P.O. Box 18300, Greensboro, NC 27419, requests to amend the 
tolerances in 40 CFR 180.368 for residues of the herbicide S-
metolachlor in or on soybeans at 1.0 ppm and grain, aspirated fractions 
at 2.0 ppm. The analytical method of gas chromatography-nitrogen 
phosphorus detection (GC/NPD) is used to measure and evaluate the 
chemical S-metolachlor. Contact: RD.

B. New Tolerances for Non-Inerts

    1. PP 9F8753. (EPA-HQ-OPP-2020-0010). Valent BioSciences LLC, 870 
Technology Way, Libertyville, IL 60048, requests to establish a 
tolerance in 40 CFR part 180 for residues of the plant regulator, 
Aminoethoxyvinylglycine in or on apple and pear at 0.065 ppm. The high-
performance liquid chromatography analytical method is used to measure 
and evaluate the chemical Aminoethoxyvinylglycine. Contact: BPPD.

------------------------------------------------------------------------
                        Commodity                              Level
------------------------------------------------------------------------
Apple...................................................           0.065
Pear....................................................           0.065
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    2. PP 9F8776. EPA-HQ-OPP-2019-0580. Nichino America, Inc., 4550 
Linden Hill Road, Suite 501, Wilmington, Delaware 19808, requests to 
amend the tolerances in 40 CFR part 180 for residues of the herbicide, 
orthosulfamuron, in or on almonds hulls at 0.03 ppm; small fruit vine 
climbing subgroup, except fuzzy kiwifruits (crop subgroup 13-07F) at 
0.01 ppm; and tree nuts (crop group 14-12) at 0.01 ppm. An 
independently validated analytical method was used to measure and 
evaluate the chemical orthosulfamuron. Contact: RD.
    3. PP 9F8777. EPA-HQ-OPP-2019-0542. Syngenta Crop Protection, LLC, 
P.O. Box 18300, Greensboro, NC 27419, requests to establish a tolerance 
in 40 CFR part 180 for residues of the herbicide, bicyclopyrone, in or 
on lemongrass, dried at 0.5 ppm; lemongrass, fresh at 0.3 ppm; 
rosemary, dried at 0.3 ppm; rosemary, fresh at 0.3 ppm; wormwood, dried 
at 0.09 ppm; and wormwood, fresh at 05 ppm. Analytical methods: 
GRM030.05A, GRM030.05B, and GRM030.08A were used to measure and 
evaluate the chemical bicyclopyrone. Contact: RD.
    4. PP 9F8804. (EPA-HQ-OPP-2020-0022). Clarke Mosquito Control 
Products, Inc., 675 Sidwell Court, St. Charles, IL 60174, requests to 
establish tolerances in 40 CFR part 180 for the combined residues of 
the insecticide spinetoram, expressed as a combination of XDE-175-J: 1-
H-as-indaceno[3,2-d]oxacyclododecin-7,15-dione, 2-[6-deoxy-3-O-ethyl-
2,4-di-O-methyl-[alpha]-L-mannopyranosyl)oxy]-13-[[(2R,5S,6R)-5-
(dimethylamino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]-9ethyl-
2,3,3a,4,5,5a,5b,6,9,10,11,12,13,14,16a,16b-hexadecahydro 14-methyl-, 
(2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR); XDE-175-L: 1H-as-indaceno[3,2-
d]oxacyclododecin-7,15-dione, 2-[(6deoxy-3-O-ethyl-2,4-di-O-methyl-
[alpha]-L-mannopyranosyl)oxy]-13-[[(2R,5S,6R)-
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-4,14-dimethyl-
(2S,3aR,5aS,5bS,9S,13S,14R,16aS,16bS); ND-J: 
(2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR)-9-ethyl-14-methyl-13[[(2S,5S,6R)-
6-methyl-5-(methylamino)tetrahydro-2H-pyran-2-yl]oxy]-7,15-dioxo-
2,3,3a,4,5,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-octadecahydro-1H-as-
indaceno[3,2-d]oxacyclododecin-2-yl6-deoxy-3-O-ethyl-2,4-di-O-methyl-
[alpha]-L-mannopyranoside; and NF-J: (2R,3S,6S)-6-
([(2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR)-2-[(6-deoxy-3-O-ethyl-2,4-di-O-
methyl-[alpha]-L-mannopyranosyl)oxy]-9-ethyl-14-methyl-7,15-dioxo-
2,3,3a,4,5,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-octadecahydro-1H-as-
indaceno[3,2-d]oxacyclododecin-13-yl]oxy)-2-methyltetrahydro-2H-pyran-
3-yl(methyl)formamide in or on fish at 4.0 ppm; fish-shellfish, 
crustacean at 4.0 ppm; fish-shellfish, mollusc at 4.0 ppm; grass, 
forage, fodder, and hay, group 17 forage at 10.0 ppm; grass, forage, 
fodder, and hay, group 17 hay at 5.0 ppm; animal feed, nongrass, group 
18, forage at 35.0 ppm; and animal feed, nongrass, group 18, hay at 
30.0 ppm. The EPA has determined adequate tolerance enforcement methods 
are available for spinetoram 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

[[Page 12456]]

methods can be found in the supporting documentation in Docket ID: EPA-
HQ-OPP-2011-0666-0025. Contact: RD.
    5. PP 9F8809. (EPA-HQ-OPP-2020-0004). Nichino America, Inc., 4550 
Linden Hill Road, Suite 501, Wilmington, DE 19808, requests to 
establish a tolerance in 40 CFR part 180 for residues of the herbicide, 
pyraclonil in or on tice at 0.01 ppm. An independently validated 
analytical method is used to measure and evaluate the chemical 
pyraclonil. Contact: RD

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

    Dated: February 19, 2020.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2020-04265 Filed 3-2-20; 8:45 am]
 BILLING CODE 6560-50-P