
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Proposed Rules]
[Pages 89036-89038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29580]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0008; FRL-9953-69]


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 January 9, 2017.

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: Michael L. Goodis, P.E., Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number: (703) 305-7090; email address: 
RDFRNotices@epa.gov.

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

[[Page 89037]]

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).
    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 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 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 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 Tolerance

    1. PP 5F8396. EPA-HQ-OPP-2015-0796. Gowan Company, P.O. Box 5569, 
Yuma, AZ, 85366, requests to amend the tolerances in 40 CFR 180.448 for 
residues of the insecticide hexythiazox in or on Alfalfa, forage from 
15 parts per million (ppm) to 20 ppm; and Alfalfa, hay from 30 ppm to 
60 ppm. High performance liquid chromatography (HPLC) using mass 
spectrometric detection (LC-MS/MS) analytical method is used to measure 
and evaluate residues of hexythiazox and its metabolites containing the 
PT-1-3 moiety. Contact: RD.

New Tolerances

    1. PP 5F8412. EPA-HQ-OPP-2015-0795. Gowan Company, P.O. Box 5569, 
Yuma, AZ, 85366-5569, requests to establish tolerances in 40 CFR part 
180.448 for residues of the insecticide hexythiazox in or on 
Bermudagrass, forage at 40.0 parts per million (ppm); and Bermudagrass, 
hay at 70.0 ppm. High performance liquid chromatography (HPLC) method 
using mass spectrometric detection (LC-MS/MS) is proposed for 
enforcement purposes. Contact: RD.
    2. PP 5F8413. EPA-HQ-OPP-2015-0797. Gowan Company, P.O. Box 5569, 
Yuma, AZ, 85366-5569, requests to establish tolerances in 40 CFR part 
180.448 for residues of the insecticide hexythiazox, in or on Beet, 
sugar, dried pulp at 0.60 parts per million (ppm); Beet, sugar, 
molasses at 0.21 ppm; Beet, sugar, roots at 0.15 ppm; and Beet, sugar, 
tops at 1.5 ppm. High performance liquid chromatography (HPLC) method 
using mass spectrometric detection (LC-MS/MS) is proposed for 
enforcement purposes. Contact: RD.
    3. PP 6E8494. EPA-HQ-OPP-2016-0595. Nichino America, Inc., 4550 New 
Linden Hill Road, Suite 501, Wilmington, DE, 19808, requests to 
establish an import tolerance in 40 CFR part 180.511 for residues of 
the insecticide buprofezin, in or on Rice at 0.3 parts per million 
(ppm). Gas chromatography/mass spectrometry with nitrogen phosphorus 
detection (GC/NPD), and a gas chromatography/mass spectrometry (GC/MS) 
method for confirmation of buprofezin residues in plant commodities is 
proposed for enforcement purposes. Contact: RD.
    4. PP 6F8502. EPA-HQ-OPP-2011-0971. Nichino America, Inc., 4550 New 
Linden Hill Road, Suite 501, Wilmington, DE, 19808, requests to 
establish tolerances in 40 CFR part 180 for residues of the insecticide 
pyrifluquinazon, in or on Almond, hulls at 0.01 parts per million 
(ppm); Brassica, head and stem vegetables (crop group 5-16) at 0.4 ppm; 
Cattle, fat at 0.01 ppm; Cattle, meat at 0.01 ppm; Cattle, meat 
byproducts at 0.01 ppm; Citrus fruits (crop group 10-10) at 0.5 ppm; 
Citrus, oil at 14 ppm; Cotton, gin byproducts at 4 ppm; Cotton, 
undelinted seed at 0.2 ppm; Cucurbit vegetables (crop group 9) at 0.06 
ppm; Fruiting vegetables, tomato (crop group 8-10A) at 0.2 ppm; 
Fruiting vegetables, pepper/eggplant (crop group 8-10B) at 0.15 ppm; 
Goat, fat at 0.01 ppm; Goat, meat at 0.01 ppm; Goat, meat byproducts at 
0.01ppm; Horse, fat at 0.01 ppm; Horse, meat at 0.01 ppm; Horse, meat 
byproducts at 0.01 ppm; Leaf petiole vegetables (crop subgroup 22B) at 
1.5 ppm; Leafy vegetables (crop group 4-16) at 5 ppm; Milk at 0.01 ppm;

[[Page 89038]]

Pome fruits (crop group 11-10) at 0.04 ppm; Sheep, fat at 0.01 ppm; 
Sheep, meat at 0.01 ppm; Sheep, meat byproducts at 0.01 ppm; Small 
fruit vine climbing subgroup (crop subgroup 13-07F) (except fuzzy 
kiwifruit) at 0.6 ppm; Stone fruits, cherry (crop group 12-12A) at 0.2 
ppm; Stone fruits, peach (crop group 12-12B) at 0.03 ppm; Stone fruits, 
plum (crop group 12-12C) at 0.015 ppm; Tree nuts (crop group 14-12) at 
0.01 ppm; and Tuberous and corm vegetables (crop subgroup 1C) at 0.01 
ppm. Gas chromatography/mass spectrometry with nitrogen phosphorus 
detection (GC/NPD), and a gas chromatography/mass spectrometry (GC/MS) 
method for confirmation of buprofezin residues in plant commodities is 
proposed for enforcement purposes. Contact: RD.
    5. PP 5F8416. EPA-HQ-OPP-2011-0985. ISK Biosciences Corporation, 
7470 Auburn Road, Suite A, Concord, Ohio, 44077, requests to establish 
an import tolerance in 40 CFR part 180.613 for residues of the combined 
residues of the insecticide flonicamid [N-(cyanomethyl)-4-
trifluoromethyl)-3-pyridinecarboxamide (CA) or N-cyanomethyl-4-
trifluoromethylnicotinamide (IUPAC)] and its metabolites, TFNA [4-
trifluoromethylnicotinic acid], TFNA-AM [4-trifluoromethylnicotinamide) 
and TFNG [N(4-trifluoromethylnicotinoyl)-glycine] in or on dried tea 
leaves at 40 parts per million (ppm). Analytical methodology has been 
developed to determine the residues of flonicamid and its three major 
plant metabolites, TFNA, TFNG, and TFNA-AM in various crops. The 
residue analytical method for the majority of crops includes an initial 
extraction with acetonitrile (CAN)/deionized (DI) water, followed by a 
liquid-liquid partition with ethyl acetate. The residue analytical 
method for wheat straw is similar, except that a C18 solid phase 
extraction (SPE) is added prior to the liquid-liquid partition. The 
final sample solution is quantified using a liquid chromatograph (LC) 
equipped with a reverse phase column and a quadruple mass spectrometer 
(MS/MS). Contact: RD.

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

    Dated: November 30, 2016.
Michael Goodis,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-29580 Filed 12-8-16; 8:45 am]
 BILLING CODE 6560-50-P


