[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Proposed Rules]
[Pages 11488-11490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03714]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0088; FRL-10020-47]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities (February 2021)

AGENCY: Environmental Protection Agency (EPA).

ACTION: 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 March 29, 2021.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2021-0088, by using the Federal eRulemaking 
Portal at

[[Page 11489]]

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.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is closed to visitors with 
limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration 
Division (7505P), 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.
    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.
Amended Tolerances for Non-Inerts
    1. PP 0F8855. (EPA-HQ-OPP-2020-0607). Bayer CropScience, 800 N 
Lindbergh Blvd., St. Louis, MO 63167, requests to amend the 
tolerance(s) in 40 CFR 180.661(a)(1) for residues of the fungicide 
fluopyram (N-[2-[3-chloro-5-(trifluoromethyl)-2-pyridinyl]ethyl]-2-
(trifluoromethyl)benzamide) in or on Grain, cereal, group 15, except 
corn and rice from 4.0 parts per million (ppm) to 0.5 ppm, and Rapeseed 
subgroup 20A from 5.0 ppm to 0.3 ppm. High performance liquid 
chromatography-electrospray ionization/tandem mass spectrometry (LC/MS/
MS) is used to measure and evaluate the chemical fluopyram. Contact: 
RD.
    2. PP 0F8855. (EPA-HQ-OPP-2020-0607). Bayer CropScience, 800 N 
Lindbergh Blvd., St. Louis, MO 63167, requests to amend the 
tolerance(s) in 40 CFR 180.661(2) for residues of the fungicide 
fluopyram (N-[2-[3-chloro-5-(trifluoromethyl)-2-pyridinyl]ethyl]-2-
(trifluoromethyl)benzamide) and its metabolite 2-
(trifluoromethyl)benzamide, expressed in parent equivalents in or on 
the animal commodities of Cattle, fat from 0.70 ppm to 0.60 ppm, 
Cattle, meat from 0.80 ppm to 0.60 ppm, Cattle, meat byproducts from 
7.5 ppm to 6.0 ppm, Egg from 0.08 ppm to 0.06 ppm, Goat, fat from 0.70 
ppm to 0.60 ppm, Goat, meat from 0.80 ppm to 0.60 ppm, Goat, meat 
byproducts from 7.5 ppm to 6.0 ppm, Hog, fat from 0.20 ppm to 0.01 ppm, 
Hog, meat from 0.02 ppm to 0.01 ppm, Hog, meat byproducts from 0.20 ppm 
to 0.06 ppm, Horse, fat from 0.70 ppm to 0.60 ppm, Horse, meat from 
0.80 ppm to 0.60 ppm, Horse, meat byproducts from 7.5 ppm to 6.0 ppm, 
Poultry, fat from 0.04 ppm to 0.03 ppm, Poultry, meat from 0.04 ppm to 
0.03 ppm, Poultry, meat byproducts from 0.20 ppm to 0.10 ppm, Sheep, 
fat from 0.70 ppm to 0.60 ppm, Sheep, meat from 0.80 ppm to 0.60 ppm, 
and Sheep, meat byproducts from 7.5 ppm to 6.0 ppm. High performance 
liquid chromatography-electrospray ionization/tandem mass spectrometry 
(LC/MS/MS) is used to measure and evaluate the chemical fluopyram and 
its metabolite 2-(trifluoromethyl)benzamide. Contact: RD.

[[Page 11490]]

New Tolerances for Non-Inerts
    1. PP 0E8847. (EPA-HQ-OPP-2020-0419). 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 fungicide, 
fludioxonil, [4-(2,2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-
carbonitrile] in or on carrot, roots at 7 parts per million (ppm); 
celtuce at 15 ppm; cottonseed subgroup 20C at 0.05 ppm; dragon fruit at 
20 ppm; durian at 20 ppm; fennel, florence, fresh leaves and stalk at 
15 ppm; jackfruit at 20 ppm; leaf petiole vegetable subgroup 22B at 15 
ppm; leafy greens subgroup 4-16A at 30 ppm; mangosteen at 5 ppm; 
persimmon, Japanese at 5 ppm; sunflower subgroup 20B at 0.01 ppm; 
tropical and subtropical, small fruit, inedible peel, subgroup 24A at 
20 ppm; vegetable, legume, group 6, except bean, dry and bean, 
succulent at 0.01 ppm; vegetable, root, except sugar beet, subgroup 1B, 
except carrot and ginseng at 0.75 ppm; and vegetable, tuberous and 
corm, subgroup 1C, except yam, true, tuber at 6 ppm. Upon approval of 
the aforementioned tolerances, it is proposed that 40 CFR 180.516 be 
amended to remove established tolerances for the residues of 
fludioxonil, [4-(2,2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-
carbonitrile] in or on the raw agricultural commodities: Carrots at 7.0 
ppm; cotton, undelinted seed at 0.05 ppm; dragon fruit at 1.0 ppm; leaf 
petioles subgroup 4B at 15 ppm; leafy greens subgroup 4A at 30 ppm; 
longan at 20 ppm; lychee at 20 ppm; melon subgroup 9A at 0.03 ppm; 
safflower, seed at 0.01 ppm; Spanish lime at 20 ppm; sunflower, seed at 
0.01 ppm; vegetable, legume, group 6 at 0.01 ppm; vegetable, root, 
except sugar beet, subgroup 1B at 0.75 ppm; and vegetable, tuberous and 
corm, subgroup 1C at 6.0 ppm. The analytical method uses Syngenta Crop 
Protection Method AG-597B. This method has passed an EPA petition 
method validation for several commodities, which is currently the 
enforcement method for fludioxonil. Contact: RD.
    2. PP 0E8862. (EPA-HQ-OPP-2020-0603). The Interregional Research 
Project No. 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 180.677 for residues of the 
insecticide cyflumetofen, 2-methoxyethyl [alpha]-cyano-[alpha]-[4-(1,1-
dimethylethyl)phenyl]-[beta]-oxo-2-(trifluoromethyl)benzenepropanoate 
in or on Hop, dried cones at 30 parts per million (ppm). The ``Method 
for Determination of Residues of Cyflumetofen (BAS 9210 I) and its 
Metabolites in Plant Matrices Using LC-MS/MS; BASF Analytical Method 
Number: D1003; Dated: September 26, 2011'' and ``Independent Laboratory 
Validation of BASF Method D1003 for BAS 9210 I and B-1 in Hops using 
LC-MS/MS; Author: Nadzeya Homazava, 13 June 2017.'' BASF Doc ID 2017/
1002961 are used to measure and evaluate the chemical. Contact: RD.
    3. PP 0F8853. (EPA-HQ-OPP-2020-0375). 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 banana at 0.01 parts per million (ppm); broccoli 
at 0.01 ppm; garlic, bulb at 0.02 ppm; hops, dried cones at 0.04 ppm; 
horseradish at 0.015 ppm; onion, bulb: 0.02 ppm, onion, green at 0.05 
ppm; papaya at 0.01 ppm; plantains at 0.01 ppm; strawberry at 0.01 ppm; 
sweet potato, roots at 0.02 ppm; timothy, forage at 0.9 ppm; timothy, 
hay at 1.5 ppm; and watermelon at 0.01 ppm. The Analytical methods 
GRM030.05A, GRM030.05B, GRM030.08A is used to measure and evaluate the 
chemical bicyclopyrone. Contact: RD.
    4. PP 0F8855. (EPA-HQ-OPP-2020-0607). Bayer CropScience, 800 N 
Lindbergh Blvd., St. Louis, MO 63167 requests to establish a tolerance 
in 40 CFR part 180.661 for residues of the fungicide fluopyram (N-[2-
[3-chloro-5-(trifluoromethyl)-2-pyridinyl]ethyl]-2-
(trifluoromethyl)benzamide) in or on coffee at 0.03 parts per million 
(ppm). High performance liquid chromatography-electrospray ionization/
tandem mass spectrometry (LC/MS/MS) is used to measure and evaluate the 
chemical fluopyram. Contact: RD
    5. PP 0F8858. (EPA-HQ-OPP-2021-0020). 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 fungicide, 
fludioxonil, [4-(2,2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-
carbonitrile] in or on tree nut crop group 14-12, except pistachios at 
0.2 parts per million (ppm) and almond hulls at 15 ppm. The analytical 
method uses Syngenta Crop Protection Method AG-597B. This method has 
passed an EPA petition method validation for several commodities, which 
is currently the enforcement method for fludioxonil. Contact: RD.

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

    Dated: February 12, 2021.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2021-03714 Filed 2-24-21; 8:45 am]
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