[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Proposed Rules]
[Pages 47275-47278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17894]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2021-0088; FRL-8792-02-OCSPP]


Receipt of Pesticide Petitions Filed for Residues of Pesticide 
Chemicals in or on Various Commodities (August 2021)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notices of filing of petitions and request for comment.

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SUMMARY: This document announces the Agency's receipt of 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 September 23, 2021.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition (PP) of interest as shown in the 
body of this document, using the Federal eRulemaking Portal at 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. Additional instructions on 
commenting or visiting the docket, along with more information about 
dockets generally, is available at http://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the EPA 
Docket

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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]; or Charles Smith, 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 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 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 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), summaries of the petitions that are 
the subject of this document, prepared by the petitioners, are included 
in dockets EPA has created for these rulemakings. The dockets for these 
petitions are 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.

Amended Tolerance Exemptions for Inerts (Except PIPS)

    PP [IN-11513]. (EPA-HQ-OPP-2021-0194). [Spring Regulatory Sciences, 
6620 Cypresswood Dr., Suite 250, Spring, TX 77379 on behalf of Nouryon 
Chemicals LLC, ], requests to amend the exemption from the requirement 
of a tolerance in 40 CFR part 180 for 910, 930, 940 and 960 [Alcohols, 
C9-11-iso-, C10-rich, ethoxylated propoxylated] (CAS No. [154518-36-2] 
when used as a pesticide inert ingredient in pesticide formulations 
[Joint Inerts Task Force Cluster Support]. The analytical method is 
available to EPA The petitioner believes no analytical method is needed 
because [it is not required for an exemption from the requirement of a 
tolerance]. Contact: [RD].

Amended Tolerances for Non-Inerts

    1. PP 1E8909. (EPA-HQ-OPP-2021-0310). The Interregional Research 
Project #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# 1E8909, to remove existing tolerances in 40 CFR 
180.411 for residues of the herbicide fluazifop-P-butyl, including its 
metabolites and degradates, in or on the following commodities. 
Compliance with the tolerance levels specified in the table below is to 
be determined by measuring only the sum of fluazifop-P-butyl, butyl(R)-
2-[4-[[5-(trifluoromethyl)-2-pyridinyl]oxy]phenoxy]propanoate, and the 
free and conjugated forms of the resolved isomer of fluazifop, (R)-2-
[4-[[5-(trifluoromethyl)-2-pyridinyl]oxy]phenoxy]propanoic acid, 
calculated as the stoichiometric equivalent of fluazifop in or on 
Fruit, citrus, group 10 at 0.03 ppm; Fruit, stone at 0.05 ppm; Onion, 
green at 1.5 ppm; Rhubarb at 0.50 ppm; and Strawberry at 3.0 ppm. 
Contact: RD.
    2. PP 0F8865. (EPA-HQ-OPP-2020-0498). BASF Corporation, 26 Davis 
Drive, Research Triangle Park, NC 27709, requests to amend the 
tolerance(s) in 40 CFR 180.473 for residues of the herbicide, 
glufosinate ammonium, determined by measuring the sum of glufosinate 
ammonium, butanoic acid, 2-amino-4-(hydroxymethylphosphinyl) 
monoammonium salt, and its metabolites, 2-(acetylamino)-4-

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(hydroxymethyl phosphinyl) butanoic acid, and 3 
(hydroxymethylphosphinyl) propanoic acid, expressed as 2-amino-4 
(hydroxymethylphosphinyl) butanoic acid equivalents in or on oilseeds 
crop subgroup 20C, cottonseed subgroup at 15 ppm and cotton gin 
byproducts at 50 ppm. The high-performance liquid chromatography-
electrospray ionization/tandem mass spectrometry (LC/MS/MS) is used to 
measure and evaluate the chemical glufosinate ammonium and metabolites 
of concern. Contact: RD.

New Tolerance Exemptions for Inerts (Except PIPS)

    PP [IN-11515]. (EPA-HQ-OPP-2021-0323). [Spring Regulatory Sciences, 
6620 Cypresswood Dr, Suite 250, Spring, TX 77379 on behalf of Nouryon 
Chemicals LLC, ], requests to establish an exemption from the 
requirement of a tolerance in 40 CFR part 180.910 and 180.930 for 
residues of [Oxirane, 2-methyl-, polymer with oxirane, mono-C9-11-
isoalkyl ethers, C10-rich, phosphates, potassium salts] (CAS Reg. No. 
[2275654-37-8] when used as a pesticide inert ingredient in pesticide 
formulations [Joint Inerts Task Force Cluster Support]. The analytical 
method is available to EPA The petitioner believes no analytical method 
is needed because [it is not required for an exemption from the 
requirement of a tolerance]. Contact: [RD].

New Tolerances for Non-Inerts

    1. PP 0E8874. (EPA-HQ-OPP-2021-0434). BASF Corporation, 26 Davis 
Drive, Research Triangle Park, NC 27709, requests to establish a 
tolerance in 40 CFR part 180 for residues of the insecticide 
teflubenzuron in or on grape at 0.7 parts per million (ppm) and grape, 
raisin at 0.9 ppm. The Liquid Chromatography with Tandem Mass 
Spectrometry Detection (LC-MS/MS) is used to measure and evaluate the 
teflubenzuron residues. Contact: RD.
    2. PP 1E8908. (EPA-HQ-OPP-2021-0453). Syngenta Crop Protection, 
LLC., P.O. Box 18300, Greensboro, NC 27419-8300, requests to establish 
a tolerance in 40 CFR part 180.565 for residues of the insecticide, 
Thiamethoxam {3-[(2-chloro-5-thiazolyl)methyl]tetrahydro-5-methyl-N-
nitro-4H-1,3,5-oxadiazin-4-imine{time}  and it's metabolite [N-(2-
chloro-thiazol-5-ylmethyl)-N'-methyl-N'-nitro-guanidine], in or on 
pineapple at 0.03 parts per million (ppm) and 0.05 ppm for pineapple, 
process, residue. Liquid chromatography with either UV or MS detections 
is used to measure and evaluate the chemical thiamethoxam and the 
metabolite, CGA-322704. Contact: RD.
    3. PP 1E8909. (EPA-HQ-OPP-2021-0310). The 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 a tolerance in 40 CFR part 180.411 for residues of the 
herbicide fluazifop-P-butyl, including its metabolites and degradates, 
in or on the following commodities. Compliance with the tolerance 
levels specified in the table below is to be determined by measuring 
only the sum of fluazifop-P-butyl, butyl(R)-2-[4-[[5-(trifluoromethyl)-
2-pyridinyl]oxy]phenoxy]propanoate, and the free and conjugated forms 
of the resolved isomer of fluazifop, (R)-2-[4-[[5-(trifluoromethyl)-2-
pyridinyl]oxy]phenoxy]propanoic acid, calculated as the stoichiometric 
equivalent of fluazifop in or on Berry, low growing, subgroup 13-07G at 
3 parts per million (ppm); Brassica, leafy greens, subgroup 4-16B at 15 
ppm; Chive, dried leaves at 40 ppm; Fruit, citrus, group 10-10 at 0.03 
ppm; Fruit, stone, group 12-12 at 0.05 ppm; Leaf petiole vegetable 
subgroup 22B at 3 ppm; Onion, green, subgroup 3-07B at 4 ppm; Papaya at 
0.01 ppm; and Vegetable, brassica, head and stem, group 5-16 at 30 ppm. 
The LC-MS/MS is used to measure and evaluate the chemical. Contact: RD.
    4. PP 0F8857. (EPA-HQ-OPP-2021-0290). Taminco US LLC, a subsidiary 
of Eastman Chemical Company, 200 S Wilcox Drive, Kingsport, TN 37660-
5147, requests to establish a tolerance in 40 CFR part 180 for residues 
of the fungicide chlormequat chloride in or on the raw agricultural 
commodities barley grain at 8 parts per million (ppm), eggs at 0.1 ppm, 
meat byproducts of cattle at 0.7 ppm, meat of cattle at 0.2 ppm, meat 
byproducts of goats at 0.7 ppm, meat of goats at 0.2 ppm, meat 
byproducts of hogs at 0.5 ppm, meat of hogs at 0.2 ppm, meat byproducts 
of sheep at 0.7 ppm, meat of sheep at 0.2 ppm, milk at 0.5 ppm, poultry 
meat byproducts at 0.1 ppm, poultry meat at 0.05 ppm, oat grain at 40 
ppm, triticale grain at 5 ppm, and wheat grain at 5 ppm. The validated 
LC-MS/MS method is used to measure and evaluate the chemical residues 
of chlormequat chloride in plants and animal products. Contact: OPP-RD.
    5. PP 0F8875. (EPA-HQ-OPP-2021-0352). Dow Agrosciences, 9330 
Zionsville Road, Indianapolis, IN 46268, requests to establish a 
tolerance in 40 CFR part 180 for residues of the nitrification 
inhibitor][Nitrapyrin [2-chloro-6-(trichloroethyl) pyridine] and its 
metabolite, 6-chloropicolinic acid (6-CPA) in or on: Cottonseed (crop 
subgroup 20C) at 4.0 parts per million (ppm); cotton, gin byproducts at 
0.6 ppm; cotton. Meal at 6.0 ppm; rice, grain at 0.03 ppm; and rice, 
straw at 0.15 ppm. The validated liquid chromatography with tandem mass 
spectrometry (LC-MS/MS) method is used to measure and evaluate the 
chemical residues of nitrapyrin and 6-CPA). Contact: AD.
    6. PP 1F8912. (EPA-HQ-OPP-2021-0435). Bayer CropScience, 800 N. 
Lindbergh Blvd., St. Louis, MO 63167, requests to establish a tolerance 
in 40 CFR part 180 for residues of the herbicide, diflufenican (N-(2,4-
difluorophenyl)-2-[3-(trifluoromethyl)phenoxy]-3-pyridinecarboxamide) 
in or on Soybean, forage at 0.015 parts per million (ppm), Soybean, hay 
at 0.02 ppm, Soybean, seed at 0.01 ppm, Corn, forage at 0.01 ppm, Corn, 
grain at 0.01 ppm, and Corn, stover at 0.01 ppm. High performance 
liquid chromatography-electrospray ionization/tandem mass spectrometry 
(LC/MS/MS) is used to measure and evaluate the chemical diflufenican. 
Contact: RD.
    7. PP 1F8917. (EPA-HQ-OPP-2021-0400). 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 
Picarbutrazox ((1,1-dimethylethylN-[6-[[[(Z)-[1-methyl-1H-tetrazol-5-
yl)phenylmthylene]amino]oxy]methyl]-2-pyridinyl]carbamate) in or on 
Barley, grain at 0.01 parts per million (ppm); Barley, hay at 0.01 ppm; 
Barley, straw at 0.01 ppm; Bean, forage at 0.01 ppm; Bean, hay at 0.01 
ppm; Buckwheat, forage at 0.01 ppm; Buckwheat, grain at 0.01 ppm; 
Buckwheat, hay at 0.01 ppm; Buckwheat, straw at 0.01 ppm; Cotton at 
0.01 ppm; Cotton, gin byproducts at 0.01 ppm; Cotton, undelinted seed 
at 0.01 ppm; Herb group 25 at 0.01 ppm; Millet, pearl, forage at 0.01 
ppm; Millet, pearl, grain at 0.01 ppm; Millet, pearl, hay at 0.01 ppm; 
Millet, pearl, straw at 0.01 ppm; Millet, proso, forage at 0.01 ppm; 
Millet, proso, grain at 0.01 ppm; Millet, proso, hay at 0.01 ppm; 
Millet, proso, straw at 0.01 ppm; Oat, forage at 0.01 ppm; Oat, hay at 
0.01 ppm; Oat, straw at 0.01 ppm; Oat, grain at 0.01 ppm; Pea, hay at 
0.01 ppm; Pea, vines at 0.01 ppm; Rapeseed subgroup 20A at 0.01 ppm; 
Rye, forage at 0.01 ppm; Rye, grain at 0.01 ppm; Rye, hay at 0.01 ppm; 
Rye, straw at 0.01 ppm; Sorghum at 0.01 ppm; Spice group 26 at 0.01 
ppm; Spinach at 0.01 ppm; Teosinte, forage at 0.01 ppm; Teosinte, grain 
at 0.01 ppm; Teosinte, hay at 0.01 ppm; Teosinte, straw at 0.01 ppm; 
Triticale, forage at 0.01 ppm; Triticale, grain at 0.01 ppm; Triticale, 
hay at 0.01 ppm; Triticale,

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straw at 0.01 ppm; Vegetable, brassica, head and stem, group 5-16 at 
0.01 ppm; Vegetable, bulb, group 3-07 at 0.01 ppm; Vegetable, cucurbit, 
group 9 at 0.01 ppm; Vegetable, leafy, group 4-16, except spinach at 
0.01 ppm; Vegetable, leaves of root and tuber, group 2 at 0.01 ppm; 
Vegetable, legume, group 6 at 0.01 ppm; Vegetable, fruiting, group 8-10 
at 0.01 ppm; Vegetable, root and tuber, group 1, except potato at 0.01 
ppm; Vegetable, stalk, stem, and leaf petiole group 22 at 0.01 ppm; 
Wheat, forage at 0.01 ppm; Wheat, grain at 0.01 ppm; Wheat, hay at 0.01 
ppm; and Wheat, straw at 0.01 ppm. The ``AOAC Official Method 2007.1'' 
method, which uses LC-MS/MS, is used to measure and evaluate the 
chemical picarbutrazox and its metabolites, TZ-1E, TZ-2-[beta]-Glc, TZ-
5, and TZ-5-Glc. Contact: RD.
    8. PP 1F8925. (EPA-HQ-OPP-2021-0432). Valent U.S.A. LLC, 4600 
Norris Canyon Road, P.O. Box 5075, San Ramon, CA 94583-0975, requests 
to establish a tolerance in 40 CFR part 180 for residues of the 
fungicide Mandestrobin (2 RS)-2-{2-[(2,5-
dimethylphenoxy)methyl]phenyl{time} -2-methoxy-N-methylacetamide in or 
on Rapeseed subgroup 20A, seed at 0.2 parts per million (ppm). An 
independently validated analytical method with appropriate sensitivity 
is used to measure and evaluate the chemical mandestrobin. Contact: RD.

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

    Dated: August 11, 2021.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2021-17894 Filed 8-23-21; 8:45 am]
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