[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Proposed Rules]
[Pages 37806-37808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13273]


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 Proposed Rules
                                                 Federal Register
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 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. 85, No. 122 / Wednesday, June 24, 2020 / 
Proposed Rules  

[[Page 37806]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2020-0053; FRL-10010-82]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities (May 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 July 24, 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.
    Please note that due to the public health emergency the EPA Docket 
Center (EPA/DC) and Reading Room was closed to public visitors on March 
31, 2020. Our EPA/DC staff will continue to provide customer service 
via email, phone, and webform. For further information on EPA/DC 
services, docket contact information and the current status of the EPA/
DC and Reading Room, please visit https://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 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.

[[Page 37807]]

    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 0E8828. (EPA-HQ-OPP-2020-0235). The Interregional Research 
Project Number 4 (IR-4), Rutgers, The State University of New Jersey, 
500 College Road East, Suite 201 W, Princeton, NJ 08540, proposes upon 
establishment of tolerances referenced in this document under ``New 
Tolerances'' for PP 0E8828, to remove the existing tolerance in 40 CFR 
180.511 for residues of buprofezin, 2-[(1,1-
dimethylethyl)imino]tetrahydro-3(1-methylethyl)-5-phenyl-4H-1,3,5-
thiadiazin-4-one in or on the raw agricultural commodities in or on 
bean, snap, succulent at 0.02 parts per million (ppm). Contact: RD.

B. New Tolerance Exemptions For Inerts (Except PIPS)

    1. IN-11402. (EPA-HQ-OPP-2020-0293). The Innovative Reform Group, 
on behalf of The Clorox Company, P.O. Box 493, Pleasanton, CA, 94566-
0803, requests to establish an exemption from the requirement of a 
tolerance under 40 CFR 180.940(a) for residues of various fragrance 
components (CAS Reg. No. multiple) when used as inert ingredients in 
antimicrobial pesticide formulations for use on food contact surfaces 
in public eating places, dairy processing equipment, and food 
processing equipment and utensils at end-use concentrations not to 
exceed 5 parts per million (ppm). Contact: RD.
    2. IN-11016. (EPA-HQ-OPP-2020-0294). Verto Solutions, 1101 17th 
Street NW, Suite 700, Washington, DC 20036, requests to establish an 
exemption from the requirement of a tolerance under 40 CFR 180.940(a) 
for residues of various fragrance components (CAS Reg. No. multiple) 
when used as inert ingredients in antimicrobial pesticide formulations 
for use on food contact surfaces in public eating places, dairy 
processing equipment, and food processing equipment and utensils at 
end-use concentrations not to exceed 100 ppm. Contact: RD
    3. IN-11373. (EPA-HQ-OPP-2020-0295). The Innovative Reform Group, 
on behalf of The Clorox Company, P.O. Box 493, Pleasanton, CA, 94566-
0803, requests to establish an exemption from the requirement of a 
tolerance under 40 CFR 180.940(a) for residues of various fragrance 
components (CAS Reg. No. multiple) when used as inert ingredients in 
antimicrobial pesticide formulations for use on food contact surfaces 
in public eating places, dairy processing equipment, and food 
processing equipment and utensils at end-use concentrations not to 
exceed 100 ppm. Contact: RD.
    4. IN-11018. (EPA-HQ-OPP-2020-0296). Verto Solutions, 1101 17th 
Street NW, Suite 700, Washington, DC 20036, requests to establish an 
exemption from the requirement of a tolerance under 40 CFR 180.940(a) 
for residues of various fragrance components (CAS Reg. No. multiple) 
when used as inert ingredients in antimicrobial pesticide formulations 
for use on food contact surfaces in public eating places, dairy 
processing equipment, and food processing equipment and utensils at 
end-use concentrations not to exceed 100 ppm. Contact: RD.
    5. IN-11372. (EPA-HQ-OPP-2020-0297). The Innovative Reform Group, 
on behalf of The Clorox Company, P.O. Box 493, Pleasanton, CA, 94566-
0803, requests to establish an exemption from the requirement of a 
tolerance under 40 CFR 180.940(a) for residues of various fragrance 
components (CAS Reg. No. multiple) when used as inert ingredients in 
antimicrobial pesticide formulations for use on food contact surfaces 
in public eating places, dairy processing equipment, and food 
processing equipment and utensils at end-use concentrations not to 
exceed 100 ppm. Contact: RD.
    6. IN-11401. (EPA-HQ-OPP-2020-0298). The Innovative Reform Group, 
on behalf of The Clorox Company, P.O. Box 493, Pleasanton, CA, 94566-
0803, requests to establish an exemption from the requirement of a 
tolerance under 40 CFR 180.940(a) for residues of various fragrance 
components (CAS Reg. No. multiple) when used as inert ingredients in 
antimicrobial pesticide formulations for use on food contact surfaces 
in public eating places, dairy processing equipment, and food 
processing equipment and utensils at end-use concentrations not to 
exceed 33 ppm. Contact: RD.

C. New Tolerance Exemptions For Non-Inerts (Except PIPS)

    1. PP 0F8835. (EPA-HQ-OPP-2020-0286). Plant Health Care Inc., 2626 
Glenwood Avenue, Suite 350, Raleigh, NC 27608, requests to establish an 
exemption from the requirement of a tolerance in 40 CFR part 180 for 
residues of the biochemical pesticide PHC 25279 in or on food crops. 
The petitioner believes no analytical method is needed because it is 
expected that, when used as proposed, PHC 25279 would not result in 
residues of toxicological concern based on the lack of toxicity 
observed in toxicology studies. Contact: BPPD.

D. New Tolerance Exemptions For PIPS

    1. PP 0G8830. (EPA-HQ-OPP-2020-0234). J.R. Simplot Company, 5369 
West Irving Street, Boise ID, 83706, requests to establish a temporary 
exemption from the requirement of a tolerance in 40 CFR part 174 for 
residues of the plant-incorporated protectants (PIP) BLB2 and AMR3 Late 
Blight resistance proteins in potato. The petitioner believes no 
analytical method is needed because the levels of BLB2 and AMR3 are 
below levels of detection and it would be impractical to demonstrate 
methods for detecting and measuring the levels of the pesticide 
residues. Contact: BPPD.
    2. PP IN-11411. (EPA-HQ-OPP-2020-0237). J.R. Simplot Company, 5369 
West Irving Street, Boise ID, 83706, 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 modified 
potato acetolactate synthase (StmALS), in potato. The petitioner 
believes no analytical method is needed because: (1) StmALS is 
expressed in the plant and it is not feasible to remove residues of 
StmALS from transformed potato events, and (2) the safety assessment of 
StmALS demonstrates that both hazard and exposure associated with the 
protein is low and that the risk to both humans and the environment is 
close to zero. Contact: BPPD.

E. New Tolerances For Non-Inerts

    1. PP 7F8646. (EPA-HQ-OPP-2018-0053). This posting is amending the 
previous NOF published in the Federal Register on July 24, 2018 by 
announcing commodities that were left inadvertently left off. BASF 
Corporation, 26 Davis Dr., P.O. Box 13528, Research Triangle Park, N.C. 
27709, requests to establish a tolerance in 40 CFR part 180 for 
residues of the insecticide, broflanilide, including its metabolites 
and degradates, in or on amaranth, grain; quinoa, forage; quinoa, 
straw; teff, forage; and teff, straw at 0.01 ppm. Tolerances are also 
requested for food items (animal origin) for hog, meat; poultry, meat; 
eggs; cattle, meat byproducts; goat, meat byproducts; hog, meat 
byproducts; horse, meat byproducts; poultry, meat byproducts; sheep, 
meat byproducts; hog, fat; and horse, fat at 0.02 ppm. The

[[Page 37808]]

independently validated analytical method is used to measure and 
evaluate the chemical broflanilide and its metabolites S(PFP-OH)-8007 
and DM-8007. An independently validated analytical method has been 
submitted for analyzing residues of parent Broflanilide plus 
metabolites DM-8007 and DC-DM-8007 in animal matrices by LC-MS/MS. Food 
handling matrices samples were analyzed for broflanilide residues using 
a combination of the plant and animal methods with minor modifications. 
Contact: RD.
    2. PP 9F8759. (EPA-HQ-OPP-2019-0346). Syngenta Crop Protection, 
LLC. P.O. Box 18300 Greensboro, NC 27419, requests to establish an 
import tolerance in 40 CFR part 180 for residues of the fungicide 
mefenoxam metal N-(2,6-dimethylphenyl)-N-(methoxyacetyl)-DL-alaninate 
in or on the raw agricultural commodities Tree Nut Group 14-12, at 0.3 
ppm. The analytical method used was Syngenta Crop Protection Analytical 
Method ``Link K (2016) Metalaxyl--Analytical Method GRM075.01A for the 
Determination of Residues of Metalaxyl and Structurally Related 
Metabolites as Common Moiety 2,6-Dimethylaniline (CGA72649) in Crops''. 
Final sample analysis was performed using LC-MS/MS with EAG method 
modifications dated August 14, 2017 to measure and evaluate the 
chemical mefenoxam. Contact: RD.
    3. PP 9E8773. (EPA-HQ-OPP-2019-0531). Mitsui Chemicals Agro, Inc. 
c/o Landis International, Inc., 3185 Madison Highway, P.O. Box 5126, 
Valdosta, GA 31603, requests to establish a tolerance in 40 CFR part 
180 for residues of the fungicide Penthiopyrad, (RS)-N-[2-(1,3-
dimethylbutyl)-3-thienyl]-1-methyl-3-(trifluoromethyl)-pyrazole-4-
carboxamide in or on Persimmon at 3.0 ppm. High Performance Liquid 
Chromatography-Mass Spectrometer (LC-MS) is used to measure and 
evaluate the chemical Penthiopyrad. Contact: RD.
    4. PP 0E8821. (EPA-HQ-OPP-2020-0113). Interregional Research 
Project #4 (IR-4), Rutgers, The State University of New Jersey, 500 
College Road East, Suite 201 W, Princeton, NJ 08540, requests to 
establish tolerances with regional registrations in 40 CFR part 
180.633(c) for residues of the herbicide, florasulam, N-(2, 6-
difluorophenyl)-8-fluoro-5-methoxy (1, 2, 4) triazole (1, 5-
c)pyrimidine-2-sulfonamide, including its metabolites and degradates, 
in or on grass, forage at 0.01 ppm and grass, hay at 0.02 ppm. 
Compliance with the tolerance levels is to be determined by measuring 
only florasulam in or on the commodities. The High-Performance Liquid 
Chromatography with Tandem Mass Spectrometry is used to measure and 
evaluate the chemical. Contact: RD.
    5. PP 0E8828. (EPA-HQ-OPP-2020-0235). The Interregional Research 
Project Number 4 (IR-4), Rutgers, The State University of New Jersey, 
500 College Road East, Suite 201 W, Princeton, NJ 08540, requests to 
establish a tolerance in 40 CFR part 180.511 for residues of 
buprofezin, 2-[(1,1-dimethylethyl)imino]tetrahydro-3(1-methylethyl)-5-
phenyl-4H-1,3,5-thiadiazin-4-one in or on the raw agricultural 
commodities: Asparagus bean, edible podded at 0.02 ppm; bushberry 
subgroup 13-07B at 0.08 ppm, catjang bean, edible podded at 0.02 ppm; 
Chinese longbean, edible podded at 0.02 ppm; cowpea, edible podded at 
0.02 ppm; french bean, edible podded at 0.02 ppm; garden bean, edible 
podded at 0.02 ppm; green bean, edible podded at 0.02 ppm; goa bean, 
edible podded at 0.02 ppm; guar bean, edible podded at 0.02 ppm; 
jackbean, edible podded at 0.02 ppm; kidney bean, edible podded at 0.02 
ppm; lablab bean, edible podded at 0.02 ppm; navy bean, edible podded 
at 0.02 ppm; moth bean, edible podded at 0.02 ppm; mung bean, edible 
podded at 0.02 ppm; rice bean, edible podded at 0.02 ppm; scarlet 
runner bean, edible podded at 0.02 ppm; snap bean, edible podded at 
0.02 ppm; sword bean, edible podded at 0.02 ppm; urd bean, edible 
podded at 0.02 ppm; vegetable soybean, edible podded at 0.02 ppm; 
velvet bean, edible podded at 0.02 ppm; wax bean, edible podded; winged 
pea, edible podded at 0.02 ppm; and yardlong bean, edible podded at 
0.02 ppm.
    In addition to the proposed tolerances, the IR-4 Project requests 
that EPA permit the buprofezin label instructions currently stated as 
``For greenhouse tomatoes and peppers'', be revised to ``For Fruiting 
Vegetables (Crop Group 8-10)'', thus allowing buprofezin applications 
to all greenhouse-grown fruiting vegetables.
    The enforcement analytical methods are available in PAM I and PAM 
II for the enforcement of buprofezin tolerances, which include gas 
chromatography methods with nitrogen phosphorus detection (GC/NPD), and 
a gas chromatography/mass spectrometry (GC/MS) method for confirmation 
of buprofezin residues in plant commodities to measure and evaluate 
buprofezin. Contact: RD.

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

    Dated: June 15, 2020.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2020-13273 Filed 6-23-20; 8:45 am]
BILLING CODE 6560-50-P