[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Proposed Rules]
[Pages 14846-14848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05704]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 174 and 180
[EPA-HQ-OPP-2015-0032; FRL-9957-99]
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 April 24, 2017.
ADDRESSES: Submit your comments, identified the 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]., or Michael L.
Goodis, 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 and 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 14847]]
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
1. PP 5E8439. (EPA-HQ-OPP-2016-0066). Dow AgroSciences, LLC, 9330
Zionsville Road Indianapolis, IN 46268, requests to establish a
tolerance in 40 CFR part 180.638 for residues of the herbicide,
pyroxsulam, in or on teff, grain at 0.01 ppm, teff, forage at 0.06 ppm,
teff, hay at 0.01 ppm, and teff, straw at 0.03 ppm. The Dow
AgroSciences Method GRM 04/17 is used to measure and evaluate the
chemical residues of pyroxsulam in wheat commodities. Contact: RD.
2. PP 6E8496. (EPA-HQ-OPP-2016-0516). Interregional Research
Project No.4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ
08540, requests to establish tolerances in 40 CFR part 180.478 for
residues of the herbicide rimsulfuron, N-[[(4,6-dimethoxy-2-
pyrimidinyl)amino] carbonyl]-3-(ethylsulfonyl)-2-pyridinesulfonamide,
including its metabolites and degradates, in or on berry, low growing,
except strawberry, subgroup 13-07H at 0.01 parts per million (ppm),
fruit, citrus, group 10-10 at 0.01 ppm, fruit, pome, group 11-10 at
0.01 ppm, fruit, stone, group 12-12 at 0.01 ppm, nut, tree, group 14-12
at 0.01 ppm, vegetable, tuberous and corm, subgroup 1C at 0.1 ppm,
fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F at
0.01 ppm, and tolerances with regional restrictions in or on fescue,
forage at 0.01 ppm; fescue, hay at 0.01 ppm; ryegrass, perennial, hay
at 0.01 ppm, and ryegrass, perennial, forage at 0.01 ppm. Analytical
methodology, high-pressure liquid chromatography with Electrospray
Ionization/tandem Mass Spectrometry (ESI-MS/MS) detection, is available
for enforcement purposes. The two methods are ``Analytical Method for
the Determination of Rimsulfuron in Watery and Dry Crop Matrices by
High Performance Liquid Chromatography (HPLC)/ESI-MS/MS'', DuPont
Report 15033 and ``Analytical Method for the Determination of
Rimsulfuron in Oily Crop Matrices by HPLC/ESI-MS/MS'', DuPont Report
15027. The limit of quantitation for rimsulfuron with these methods, in
raw agricultural commodities and in processed fractions, is 0.01 ppm.
Contact RD
3. PP 6E8510. (EPA-HQ-OPP-2016-0651). Interregional Research
Project No.4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ
08540, requests to establish tolerances in 40 CFR part 180.458 for
residues of the sum of the herbicide clethodim, 2-[(1E)-1-[[[(2E)-3-
chloro-2-propenyl]oxy]imino]propyl]-5-[2-(ethylthio)propyl]-3-hydroxy-
2-cyclohexen-1-one, and its metabolites containing the 5-(2-
ethylthiopropyl)cyclohexene-3-one and 5-(2-ethylthiopropyl)-5-
hydroxycyclohexene-3-one moieties and their sulphoxides and sulphones,
calculated as the stoichiometric equivalent of clethodim, in or on in
or on the raw agricultural commodities: almond, hulls at 0.2 parts per
million (ppm); brassica, leafy greens, subgroup 4-16B at 3.0 ppm; leaf
petiole vegetable subgroup 22B at 0.60 ppm; leafy greens subgroup 4-16A
at 2.0 ppm; nut, tree, group 14-12 at 0.2 ppm; okra at 1.5 ppm; onion,
green, subgroup 3-07B at 2.0 ppm; stalk and stem vegetable subgroup 22A
at 1.7 ppm; vegetable, brassica, head and stem, group 5-16 at 3.0 ppm;
and vegetable, fruiting, group 8-10, except okra at 1.0 ppm. Practical
analytical methods for detecting and measuring levels of clethodim have
been developed and validated in/on all appropriate agricultural
commodities and respective processing fractions. The LOQ of clethodim
in the methods is 0.2 ppm, which will allow monitoring of food with
residues at the levels proposed for the tolerances. Contact: RD.
4. PP 6F8512. (EPA-HQ-OPP-2016-0649). Nisso America Inc., on behalf
of Nippon Soda Co., Ltd., 88 Pine Street, 14th Floor, New York, NY
10005, requests to establish tolerances in 40 CFR part 180.667 for
residues of the fungicide, cyflufenamid, in or on cherry (crop sub-
group 12-12A) at 0.6 ppm, fruiting vegetables (crop group 8-10) at 0.2
ppm, and hops at 5.0 ppm. A method was developed using solvent
extraction of cyflufenamid from crops and analyzing sample extracts by
LC/MS/MS. Contact: RD.
Amended Tolerances
1. PP 6E8496. (EPA-HQ-OPP-2016-0516). Inter-regional Research
Project No.4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ
08540, requests to amend the tolerance(s) in 40 CFR part 180.478 upon
establishment of tolerances under PP 6E8496 of ``New Tolerances''
referenced above, by removing existing tolerances for residues of the
herbicide rimsulfuron, N-[[(4,6-dimethoxy-2-pyrimidinyl)amino]
carbonyl]-3-(ethylsulfonyl)-2-pyridinesulfonamide, including its
metabolites and degradates in or on fruit, citrus, group 10 at 0.01
ppm; fruit, pome group 11 at 0.01 ppm; fruit, stone group 12 at 0.01
ppm; grape at 0.01 ppm; nut, tree group 14 at 0.01 ppm; pistachio at
0.01 ppm; and potato at 0.10 ppm. Analytical methodology, high-pressure
liquid chromatography with ESI-MS/MS detection, is available for
enforcement purposes. The two methods are ``Analytical Method for the
Determination of Rimsulfuron in Watery and Dry Crop Matrices by HPLC/
ESI-MS/MS'', DuPont Report 15033 and ``Analytical Method for the
Determination of Rimsulfuron in Oily Crop Matrices by HPLC/ESI-MS/MS'',
DuPont Report 15027. The limit of quantitation for rimsulfuron with
these methods, in raw agricultural commodities and in processed
fractions, is 0.01 ppm. Contact RD
2. PP 6E8510. (EPA-HQ-OPP-2016-0651). Inter-regional Research
Project No.4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ
08540, requests to amend the tolerance(s) in 40 CFR part 180.458 upon
establishment of tolerances under ``New Tolerances'' PP 6E8510
referenced above, by removing established tolerances superseded by this
action for residues of the sum of the herbicide clethodim, 2-[(1E)-1-
[[[(2E)-3-chloro-2-propenyl]oxy]imino]propyl]-5-[2-(ethylthio)propyl]-
3-hydroxy-2-cyclohexen-1-one, and its metabolites containing the 5-(2-
ethylthiopropyl)cyclohexene-3-one and 5-(2-ethylthiopropyl)-5-
hydroxycyclohexene-3-one moieties and their sulphoxides and sulphones,
calculated as the stoichiometric equivalent of clethodim in or on the
raw agricultural commodities asparagus at 1.7 ppm; brassica, head and
stem, subgroup 5A at 3.0 ppm; brassica, leafy greens, subgroup 5B at
3.0 ppm; leaf petioles subgroup 4B at 0.60 ppm; leafy greens subgroup
4A at 2.0 ppm; onion, green at 2.0 ppm; turnip, greens at 3.0
[[Page 14848]]
ppm; and vegetable, fruiting, group 8-10 at 1.0 ppm. Practical
analytical methods for detecting and measuring levels of clethodim have
been developed and validated in/on all appropriate agricultural
commodities and respective processing fractions. The Limit of
Quantitation (LOQ) of clethodim in the methods is 0.2 ppm, which will
allow monitoring of food with residues at the levels proposed for the
tolerances. Contact: RD.
Amended Tolerance Exemptions
1. PP 6G8523. (EPA-HQ-OPP-2014-0457). J.R. Simplot Company, 5369 W.
Irving St., Boise, ID 83706, requests to amend an exemption from the
requirement of a tolerance in 40 CFR 174.534 for residues of the plant-
incorporated protectant (PIP) VNT1 protein in or on potato. The
petitioner believes no analytical method is needed for enforcement
purposes because the VNT1 protein concentration is lower than the
detectable limit of 100 parts per billion (ppb) in tubers. As the
expression levels of the VNT1 protein are below detection limits, it is
impractical to demonstrate methods for detecting and measuring the
levels of the pesticide residues. Contact: BPPD.
Authority: 21 U.S.C. 346a.
Dated: January 11, 2017.
Michael Goodis,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-05704 Filed 3-22-17; 8:45 am]
BILLING CODE 6560-50-P