
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Proposed Rules]
[Pages 92758-92760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30647]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0032; FRL-9956-04]


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 EPA'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 19, 2017.

ADDRESSES: Submit your comments, identified by 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 (7511P), main telephone number: (703) 
305-7090, email address: BPPDFRNotices@epa.gov; or Michael Goodis, 
Registration Division (7505P), main telephone number: (703) 305-7090, 
email address: RDFRNotices@epa.gov. 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

[[Page 92759]]

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, EPA 
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 EPA 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. EPA 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 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 5E8440. (EPA-HQ-OPP-2016-0392). Dow AgroSciences LLC, 9330 
Zionsville Rd., Indianapolis, IN 46268, requests to establish 
tolerances in 40 CFR part 180 without a U.S. registration for residues 
of the fungicide fenpicoxomid (XDE 777) in or on the raw agricultural 
commodities banana at 0.1 parts per million (ppm), rye at 0.7 ppm, and 
wheat at 0.7 ppm; and residues of fenpicoxomid plus its metabolite 
X12326349, expressed as fenpicoxomid equivalents, in or on meat and fat 
from cattle, goats, and sheep at 0.01 ppm; and meat byproducts of 
cattle, goats, and sheep at 0.02 ppm. The Method S12-01537, ``XDE 777 
and its Metabolite X642188--Validation of the Method for the 
Determination of XDE 777 and its Metabolite X642188 in Crops by LC MS/
MS,'' was used for the analysis of XDE 777 and its metabolite X642188 
in the plant materials. Samples were analyzed by liquid chromatography 
using a Phenomenex Luna C18 column coupled with positive-ion 
electrospray tandem mass spectrometry (LC/MS/MS), monitoring two MS/MS 
transitions characteristic of each analyte. Contact: RD.
    2. PP 5F8403. (EPA-HQ-OPP-2016-0560). Dow AgroSciences LLC, 9330 
Zionsville Rd., Indianapolis, IN 46268, requests to establish 
tolerances in 40 CFR part 180 for residues of the herbicide 
florpyrauxifen-benzyl (2-Pyridinecarboxylic acid, 4-amino-3-chloro-6-
(4-chloro-2-fluoro-3-methoxyphenyl)-5-fluoro-, phenylmethyl ester) and 
florpyrauxifen (metabolite; 2-Pyridinecarboxylic acid, 4-amino-3-
chloro-6-(4-chloro-2-fluoro-3-methoxyphenyl)-5-fluoro-) in or on the 
raw agricultural commodities rice, grain (dehulled) at 0.01 ppm; rice, 
grain at 0.2 ppm; fish, freshwater at 2 ppm; shellfish, crustacean at 
0.5 ppm; and shellfish, mollusk at 9 ppm. The liquid chromatography 
with tandem mass spectrometry analytical method 130794.1 is used to 
validate rice grain and straw matrices. A separate liquid 
chromatography with tandem mass spectrometry analytical method 
130794.02 is used to validate matrices of rice processed fractions. 
Contact: RD.
    3. 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 0.15 ppm, pea hay at 0.40 ppm, pea vines at 0.20 ppm, cowpea hay 
at 0.07 ppm, cowpea forage at 3.0 ppm flax at 0.07 ppm, peanut at 0.20 
ppm, peanut hay at 3.0 ppm, peanut meal at 0.40 ppm, and vegetable, 
foliage of legume, except soybean, subgroup 07A at 3.0 ppm. The LC/MS/
MS has been proposed to enforce the tolerance expression for 
pyroxasulfone. Contact: RD.
    4. PP 6E8505. (EPA-HQ-OPP-2016-0049). Interregional Research 
Project No. 4 (IR-4), Rutgers, The State University of New Jersey, 500 
College Rd. East, Suite 201W, Princeton, NJ 08540, requests to 
establish tolerances in 40 CFR 180.685 for residues of the fungicide 
oxathiapiprolin, 1-[4-[4-[5-(2,6-difluorophenyl)-4,5-dihydro-3-
isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2-[5-methyl-3-
(trifluoromethyl)-1H-pyrazol-1-yl]-ethanone, in or on cacao bean, bean 
at 0.10 ppm; cacao bean, chocolate at 0.15 ppm; cacao bean, cocoa 
powder at 0.15 ppm; and cacao bean, roasted bean at 0.15 ppm. Adequate 
analytical methodology, high-pressure liquid chromatography with tandem 
mass spectrometry (MS/MS) detection, is available for tolerance 
enforcement purposes. Contact: RD.
    5. PP 6E8511. (EPA-HQ-OPP-2016-0587). IR-4, Rutgers, The State 
University of New Jersey, 500 College Rd. East, Suite 201W, Princeton, 
NJ 08540, requests to establish a tolerance in 40 CFR 180.444 for 
residues of sulfur dioxide, including its metabolites and degradates, 
in or on fig at 25 ppm. An analytical enforcement method, the

[[Page 92760]]

Monier-Williams Procedure for Sulfites (21 CFR part 101 Appendix A), is 
available for enforcement of tolerances for sulfites in food. Contact: 
RD.
    6. PP 6F8507. (EPA-HQ-OPP-2016-0573). Isagro S.p.A. d/b/a Isagro 
USA, Inc., 430 Davis Dr., Suite 240, Morrisville, NC 27560, requests to 
establish tolerances in 40 CFR 180.557 for residues of the fungicide 
tetraconazole in or on barley at 0.3 ppm; crop group 16, forage, 
fodder, and straw of cereal grains group (except corn) at 8.0 ppm; 
dried shelled pea and bean (except soybean) subgroup 6C, hay at 8.0 
ppm; dried shelled pea and bean (except soybean) subgroup 6C, seed at 
0.15 ppm; dried shelled pea and bean (except soybean) subgroup 6C, vine 
at 2.0 ppm; rapeseed crop subgroup 20A at 0.9 ppm; and wheat at 0.1 
ppm. The adequate enforcement methodology (capillary gas chromatography 
with electron capture detector (GC/ECD)), as well as a QuEChERS multi-
residue method (LC/MS-MS detection), is used to measure and evaluate 
the chemical tetraconazole. Contact: RD.

Amended Tolerance

    1. PP 4F8258. (EPA-HQ-OPP-2014-0357). DuPont Crop Protection, P.O. 
Box 30, Newark, DE 19714-0030, requests to amend the tolerance in 40 
CFR 180.672 for residues of the insecticide cyantraniliprole in or on 
vegetable, cucurbit (group 9) at 0.70 ppm. Adequate analytical 
methodology, high-pressure liquid chromatography with tandem mass 
spectrometry (MS/MS) detection, is available for tolerance enforcement 
purposes. Contact: RD.
    2. PP 6F8476. (EPA-HQ-OPP-2016-0360). Albaugh, LLC, P.O. Box 2127, 
Valdosta, GA 31604, requests to amend the tolerances in 40 CFR 
180.441(a)(1) for the residues of the herbicide quizalofop ethyl, 
including its metabolites and degradates, in or on wheat, bran at 0.40 
ppm; wheat, forage at 2.0 ppm; wheat, germ at 0.40 ppm; wheat, hay at 
2.0 ppm; wheat, milled byproducts at 0.40 ppm; and wheat, straw at 0.80 
ppm. The modified Morse Method-147 is used to measure and evaluate the 
chemical quizalofop-P-ethyl and quizalofop-P acid, convertible to 6-
chloro-2-methoxyquinoxaline (MeCHQ). Contact: RD.

New Tolerance Exemptions

    1. PP IN-10970. (EPA-HQ-OPP-2016-0606). AgroFresh Inc., 400 Arcola 
Rd., P.O. Box 7000, Collegeville, PA 19426, requests to establish an 
exemption from the requirement of a tolerance for residues of 
polyglycerol polyricinoleic acid (CAS Reg. No. 29894-35-7) with a 
minimum number average molecular weight (in amu) of 2,000 when used as 
an inert ingredient in pesticide formulations under 40 CFR 180.960. The 
petitioner believes no analytical method is needed because it is not 
required for an exemption from the requirement of a tolerance. Contact: 
RD.
    2. PP IN-10984. (EPA-HQ-OPP-2016-0617). Spring Trading Company, on 
behalf of Ethox Chemicals, LLC, 1801 Perimeter Rd., Greenville, SC 
29605, requests to establish an exemption from the requirement of a 
tolerance for residues of octadecanoic acid, 12-hydroxy-, homopolymer, 
ester with [alpha], [alpha]',[alpha]''-1,2,3-propanetriyltris[v-
hydroxypoly(oxy-1,2-ethanediyl)] (CAS Reg. No. 1939051-18-9) with a 
minimum number average molecular weight (in amu) of 5,000 when used as 
an inert ingredient in pesticide formulations under 40 CFR 180.960. The 
petitioner believes no analytical method is needed because it is not 
required for an exemption from the requirement of a tolerance. Contact: 
RD.
    3. 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 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 strain 
AFS009, would not result in residues that are of toxicological concern. 
Note: In the Federal Register of June 22, 2016 (81 FR 40594) (FRL-9947-
32), EPA announced the filing of this petition to establish an 
exemption from the requirement of a tolerance for residues of 
Pseudomonas chlororaphis subsp. aurantiaca strain AFS009 in or on all 
food commodities. Since that time, the petitioner provided additional 
data on the identity of the active ingredient to EPA. After reviewing 
these data, EPA now considers the correct identity of the active 
ingredient to be Pseudomonas chlororaphis strain AFS009 and not 
Pseudomonas chlororaphis subsp. aurantiaca strain AFS009. In order to 
give the public an opportunity to comment on this new information, EPA 
is republishing its receipt of this tolerance exemption petition filing 
with an updated and accurate description. Contact: BPPD.
    4. PP 6F8485. (EPA-HQ-OPP-2016-0608). BASF Corporation, 26 Davis 
Dr., 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 insecticide Beauveria bassiana strain PPRI 5339 in or 
on all food commodities. The petitioner believes no analytical method 
is needed because it is expected that, when used as proposed, Beauveria 
bassiana strain PPRI 5339, would not result in residues that are of 
toxicological concern. Contact: BPPD.

Amended Tolerance Exemption

    1. PP 6F8481. (EPA-HQ-OPP-2016-0578). Verdesian Life Sciences U.S., 
LLC, 1001 Winstead Dr., Suite 480, Cary, NC 27513, requests to amend an 
exemption from the requirement of a tolerance in 40 CFR 180.1210 for 
residues of the systemic fungicide/systemic acquired resistance (SAR) 
inducer calcium salts of phosphorous acid in or on all food commodities 
when used as an agricultural fungicide and in or on potatoes when 
applied as a post-harvest treatment at 35,600 ppm or less phosphorous 
acid. The two analytical methods available to EPA for the detection and 
measurement of the pesticide residues are the modified AOAC Method 
958.01 and the modified AOAC Method 965.09. Contact: BPPD.

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

    Dated: December 9, 2016.
Robert McNally,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.
[FR Doc. 2016-30647 Filed 12-19-16; 8:45 am]
 BILLING CODE 6560-50-P


