[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Proposed Rules]
[Pages 40594-40596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14816]
40 CFR Parts 174 and 180
[EPA-HQ-OPP-2015-0032; FRL-9947-32]
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 July 22, 2016.
ADDRESSES: Submit your comments, identified by 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: Robert McNally, Biopesticides and
Pollution Prevention Division (BPPD) (7511P), main telephone number:
(703) 305-7090; email address: [email protected]., Susan Lewis,
Registration Division (RD) (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:
[emsp14]Crop production (NAICS code 111).
[emsp14]Animal production (NAICS code 112).
[emsp14]Food manufacturing (NAICS code 311).
[emsp14]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 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
[[Page 40595]]
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.
New Tolerances
PP 5F8380. EPA-HQ-OPP-2015-0745. Bayer CropScience, 2 TW Alexander
Drive, P.O. Box 12014, Research Triangle Park, NC 27709, requests to
establish a tolerance in 40 CFR part 180.555 for residues of the
fungicide trifloxystrobin in or on: Cotton, gin byproducts at 3 parts
per million (ppm); and cotton, undelinted seed (Crop subgroup 20C) at
0.5 ppm. Either gas chromatography with nitrogen-phosphorus detection,
or liquid chromatography/mass spectrometry/mass spectrometry (LC/MS/MS)
are used to measure and evaluate the chemical trifloxystrobin and the
free form of its acid metabolite CGA-321113 ((E,E)-methoxyimino-[2-[1-
(3-trifluoromethyl-phenyl)-ethylideneaminooxymethyl]-phenyl]acetic
acid). Contact: RD.
PP 5F8417. EPA-HQ-OPP-2015-0787. K-I Chemical USA. Inc., 11 Martine
Ave., Suite 970, White Plains, NY 10606, requests to establish
tolerances in 40 CFR 180.659 for residues of the herbicide,
pyroxasulfone (3-[(5-(difluoromethoxy)-1-methyl-3-(trifluoromethyl)
pyrazole-4-ylmethylsulfonyl]-4,5-dihydro-5,5-dimethyl-1,2-oxazole) and
its metabolites in or on dried shelled peas and beans (crop subgroup
6C) at 0.09 ppm, flax at 0.01 ppm, peanut at 0.2 ppm, and peanut hay at
2 ppm. The LC/MS/MS has been proposed to enforce the tolerance
expression for pyroxasulfone. Contact: RD.
PP 5F8421. EPA-HQ-OPP-2015-0825. BASF Corporation, 26 Davis Drive,
P.O. Box 13528, Research Triangle Park, NC 27709, requests to establish
a tolerance in 40 CFR part 180 for residues of the herbicide
topramezone (3-(4,5-Dihydro-isoxazol-3-yl)-4-methanesulfonyl-2-
methylphenyl]-(5-hydroxyl-1-methyl-1H-pyrazol-4-yl)methanone) in or on
sugarcane, cane at 0.01 ppm. The LC/MS/MS is used to measure and
evaluate the chemical topramezone (3-(4,5-Dihydro-isoxazol-3-yl)-4-
methanesulfonyl-2-methylphenyl]-(5-hydroxyl-1-methyl-1H-pyrazol-4-
yl)methanone). Contact: RD.
PP 6E8464. EPA-HQ-OPP-2016-0257. Interregional Research No. 4 (IR-
4), Rutgers, The State University of New Jersey, 500 College Road East,
Suite 201 W, Princeton, NJ 08540, requests to establish tolerances in
40 CFR part 180.627 for residues of the fungicide fluopicolide [2,6-
dichloro-N-[[3-chloro-5-(trifluoromethyl)-2-
pyridinyl]methyl]benzamide], including its metabolites and degradates,
in or on the raw agricultural commodities: Basil, dried leaves at 200
ppm; basil, fresh leaves at 30 ppm; bean, succulent at 0.9 ppm; citrus,
dried pulp at 0.048 ppm; citrus, oil at 1.94 ppm; hop, dried cones at
15 ppm; fruit, citrus, group10-10 at 0.02 ppm; fruit, small, vine
climbing, except fuzzy kiwifruit, subgroup 13-07F at 2.0 ppm; and
vegetable, fruiting, group 8-10 at 1.60 ppm. The analytical method
consisting of high pressure LC/MS/MS is used to measure and evaluate
the chemical fluopicolide. Contact: RD.
PP 6E8467. EPA-HQ-OPP-2016-0255. IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201 W,
Princeton, NJ 08540, requests to establish tolerances in 40 CFR part
180 for the residues of the insecticide spirotetramat (cis-3-(2,5-
dimethlyphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl-ethyl
carbonate) and its metabolites cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-
methoxy-1-azaspiro[4.5]dec-3-en-2-one, cis-3-(2,5-dimethylphenyl)-3-
hydroxy-8-methoxy-1-azaspiro[4.5]decane-2,4-dione, cis-3-(2,5-
dimethylphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl beta-D-
glucopyranoside, and cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-methoxy-1-
azaspiro[4.5]decan-2-one, calculated as the stoichiometric equivalent
of spirotetramat, in or on the raw agricultural commodities carrot,
roots at 0.15 ppm; fruit, stone, group 12-12 at 4.5 ppm; and nut, tree,
group 14-12 at 0.25 ppm. Analytical methodology to determine residues
of spirotetramat in raw agricultural commodities includes high pressure
LC/MS/MS using the stable isotopically labeled analytes as internal
standards. The limit of quantification (LOQ) for each analyte is 0.01
ppm for all commodities. This method is used to measure and evaluate
spirotetramat. Contact RD.
PP 6E8477. EPA-HQ-OPP-2013-0235. IR-4, 500 College Road East, Suite
201 W, Princeton, NJ 08540, requests to establish a tolerance in 40 CFR
part 180 for residues of the insecticide chlorantraniliprole, 3-bromo-
N-[4-chloro-2-methyl-6-[(methylamino)-carbonyl]phenyl]-1-(3-chloro-2-
pyridinyl)-1H-pyrazole-5-carboxamide in or on the raw agricultural
commodities teff, forage at 40 ppm; teff, grain at 6.0 ppm; teff, hay
at 40 ppm; teff, straw at 40 ppm; quinoa, forage at 40 ppm; quinoa,
grain at 6.0 ppm; quinoa, hay at 40 ppm; and quinoa, straw at 40 ppm.
Analytical methodology has been developed and validated for enforcement
purposes. Contact: RD.
Amended Tolerances
PP 5F8380. EPA-HQ-OPP-2015-0745. Bayer CropScience, 2 TW Alexander
Drive, P.O. Box 12014, Research Triangle Park, NC 27709, requests to
amend the tolerance in 40 CFR 180.555 for residues of the fungicide
trifloxystrobin in or on corn, field, forage at 8 ppm. Either a method
based on gas chromatography with nitrogen-phosphorus detection, or LC/
MS/MS are used to measure and evaluate the chemical trifloxystrobin and
the free form of its acid metabolite CGA-321113 ((E,E)-methoxyimino-[2-
[1-(3-trifluoromethyl-phenyl)-ethylideneaminooxymethyl]-phenyl]acetic
acid). Contact: RD.
PP 6E8464. EPA-HQ-OPP-2016-0257. IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201 W,
Princeton, NJ 08540, requests to amend the tolerances in 40 CFR
180.627, upon establishment of the tolerances referenced above under
``New Tolerances'', to remove existing tolerances for residues of the
fungicide fluopicolide [2,6-dichloro-N-[[3-chloro-5-(trifluoromethyl)-
2-pyridinyl]methyl]benzamide], including its metabolites and
degradates, in or on the raw agricultural commodities grape at 2.0 ppm
and vegetable, fruiting, group 8 at 1.60 ppm. The analytical method
consisting of LC/MS/MS is used to measure and evaluate the chemical
fluopicolide. Contact: RD.
PP 6E8467. EPA-HQ-OPP-2016-0255. IR-4, IR-4 Project Headquarters,
500 College Road East, Suite 201 W, Princeton, New Jersey, 08540,
requests to amend 40 CFR part 180.641 by removing the established
tolerances for
[[Page 40596]]
the residues of the insecticide spirotetramat (cis-3-(2,5-
dimethlyphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl-ethyl
carbonate) and its metabolites cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-
methoxy-1-azaspiro[4.5]dec-3-en-2-one, cis-3-(2,5-dimethylphenyl)-3-
hydroxy-8-methoxy-1-azaspiro[4.5]decane-2,4-dione, cis-3-(2,5-
dimethylphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl beta-D-
glucopyranoside, and cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-methoxy-1-
azaspiro[4.5]decan-2-one, calculated as the stoichiometric equivalent
of spirotetramat, in or on fruit, stone, group 12 at 4.5 ppm; nut,
tree, group 14 at 0.25 ppm; and pistachio at 0.25 ppm upon
establishment of aforementioned ``New Tolerances under PP 6E8467''.
Contact RD.
New Tolerance Exemptions
PP 5F8410. EPA-HQ-OPP-2016-0284. AFS009 Plant Protection, Inc., 104
T.W. Alexander Dr., Building 18, Research Triangle Park, NC 27709,
requests to establish an exemption from the requirement of a tolerance
in 40 CFR part 180 for residues of the fungicide Pseudomonas
chlororaphis subsp. aurantiaca strain AFS009 in or on all food
commodities. The petitioner believes no analytical method is needed
because it is expected that, when used as proposed, Pseudomonas
chlororaphis subsp. aurantiaca strain AFS009 would not result in
residues that are of toxicological concern. Contact: BPPD.
PP 6G8453. EPA-HQ-OPP-2016-0279. Monsanto Company, 800 N. Lindbergh
Blvd., St. Louis, MO 63167, requests to establish a temporary exemption
from the requirement of a tolerance in 40 CFR part 174 for residues of
the plant-incorporated protectant (PIP) Bacillus thuringiensis
Cry51Aa2.834_16 (mCry51Aa2) protein in or on cotton. The petitioner
believes no analytical method is needed because this petition is
requesting a temporary exemption from the requirement of a tolerance
without numerical limitation. Contact: BPPD.
Authority: 21 U.S.C. 346a.
Dated: June 13, 2016.
Daniel J. Rosenblatt,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-14816 Filed 6-21-16; 8:45 am]
BILLING CODE 6560-50-P