
[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)]
[Proposed Rules]
[Pages 86312-86314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28738]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR 180

[EPA-HQ-OPP-2015-0032; FRL-9954-06]


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.

-----------------------------------------------------------------------

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 December 30, 2016.

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: Michael L. Goodis, Acting Director, 
Registration Division (RD) (7505P), main telephone number: (703) 305-
7090; email address: RDFRNotices@epa.gov; or Robert McNally, Director, 
Biopesticides and Pollution Prevention Division (7511P); main number 
(703) 305-7090; email address:

[[Page 86313]]

BPPDFRNotices@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 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 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 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 6E8462. (EPA-HQ-OPP-2016-0365). Syngenta Crop Protection, 
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish an 
import tolerance in 40 CFR part 180 for residues of the herbicide 
trinexapac-ethyl: 4-(cyclopropyl-[alpha]-hydroxy-methylene)-3,5-dioxo-
cyclohexanecarboxylic acid ethyl ester expressed as its primary 
metabolite CGA-179500: 4-(cyclopropyl-[alpha]-hydroxy-methylene)-3,5-
dioxo-cyclohexanecarboxylic acid in or on poppy, seed at 8 parts per 
million (ppm). The Syngenta Crop Protection Analytical Method 
GRM020.01A is used to measure and evaluate the chemical trinexapac-
ethyl expressed as its major metabolite CGA-179500. Contact: RD.
    2. PP 6E8488. (EPA-HQ-OPP-2016-0384). Interregional Research 
Project No. 4 (IR-4) Project Headquarters, Rutgers, The State 
University of NJ, 500 College Road East, Suite 201 W, Princeton, NJ 
08540, requests to establish a tolerance in 40 CFR part 180 for 
residues of the herbicide quinclorac, 3,7-dichloro-8-
quinolinecarboxylic acid in or on asparagus at 0.06 ppm; the bushberry 
subgroup 13-07B, except lowbush blueberry at 0.6 ppm; and the caneberry 
subgroup 13-07A at 0.06 ppm. Adequate analytical methods gas 
chromatography/electron capture detector (GC/ECD) are available for 
enforcing quinclorac tolerances on plant (BASF Method A8902) and 
livestock (BASF Method 268/1) commodities. Contact: RD.
    3. PP 6E8492. (EPA-HQ-OPP-2016-0495). Interregional Research 
Project No. 4 (IR-4) Project Headquarters, Rutgers, The State 
University of NJ, 500 College Road East, Suite 201 W, Princeton, NJ 
08540, requests to establish a tolerance in 40 CFR part 180 for 
residues of prometryn in or on the raw agricultural commodity lettuce 
at 0.5 ppm; cottonseed subgroup 20C at 0.25 ppm; fennel, Florence at 
0.5 ppm; leaf petiole vegetable subgroup 22B at 0.5 ppm; sesame, oil at 
0.12 ppm; sesame, seed at 0.05 ppm; and Swiss chard at 0.5 ppm. A gas 
chromatography analytical method is available for enforcement purposes. 
The method determines residues of prometryn in/on plants using a 
microcoulometric sulfur detection system. Contact: RD.
    4. PP 6E8498. (EPA-HQ-OPP-2016-0563). Bayer CropScience, 2 T.W. 
Alexander Drive, Research Triangle Park, NC 27709, requests to 
establish a tolerance in 40 CFR part 180 for residues of the 
insecticide, imidacloprid, in or on olive at 2 ppm, tea, green at 50 
ppm, and tea, black (dried) at 50 ppm. The common moiety method using a 
permanganate oxidation, silyl derivatization, and capillary gas 
chromatography mass spectrometry (GC MS) selective ion

[[Page 86314]]

monitoring is used to measure and evaluate the chemical imidacloprid 
and its metabolites containing the 6-chloropyridinyl moiety. Contact: 
RD.
    5. PP 6F8479. (EPA-HQ-OPP-2016-0508). Bayer CropScience LP, 2 T.W. 
Alexander Drive, Research Triangle Park, NC 27709, requests to 
establish a tolerance in 40 CFR part 180 for residues of the fungicide 
fluoxastrobin in or on Rapeseed Subgroup 20A at 0.01 ppm. The 
analytical method liquid chromatography-mass spectrometry (LC/MS/MS) 
detection method is used to measure and evaluate the chemical 
fluoxastrobin. Contact: RD.
    6. PP 6F8458. (EPA-HQ-OPP-2016-0537). Syngenta Crop Protection, 
LLC, PO Box 18300, Greensboro, NC 27419, requests to establish 
tolerances in 40 CFR 180.665 for residues of the fungicide, sedaxane, 
by establishing tolerances in or on grain, cereal, forage, fodder and 
straw, group 16 at 0.06 ppm; grain, cereal, group 15 at 0.01 ppm; 
peanut at 0.01 ppm; and peanut, hay at 0.08 ppm. The GRM023.01A/
GRM023.01B and HPLC/LC-MS/MS is used to measure and evaluate the 
chemical sedaxane. Contact: RD.
    7. PP 6F8475. (EPA-HQ-OPP-2016-0538). FMC Corporation, 1735 Market 
Street, Philadelphia, PA 19103, requests to establish a tolerance in 40 
CFR 180 for residues of the fungicide, bixafen, in or on cattle, fat at 
0.5 ppm; cattle, kidney at 0.3 ppm; cattle, liver at 1.5 ppm; cattle, 
muscle at 0.15 ppm; grain, cereal, forage, fodder and straw, group 16 
(except rice), forage at 4.0 ppm; grain, cereal, forage, fodder and 
straw, group 16 (except rice), hay at 5.0 ppm; grain, cereal, forage, 
fodder and straw, group 16 (except rice), stover at 6.0 ppm; grain, 
cereal, forage, fodder and straw, group 16 (except rice), straw at 7.0 
ppm; grain, cereal, group 15 (except rice and sorghum) at 0.15 ppm; 
grain, aspirated fractions at 80 ppm; milk at 0.1 ppm; oilseed, 
rapeseed subgroup 20A at 0.15 ppm; peanut, hay at 10.0 ppm; peanut, 
nutmeat at 0.02 ppm; peanut, refined oil at 0.04 ppm; poultry, eggs at 
0.02 ppm; poultry, fat at 0.02 ppm; poultry, liver at 0.02 ppm; 
poultry, muscle at 0.02 ppm; sorghum, grain at 3.0 ppm; soybean, hulls 
at 0.15 ppm; soybean, seed at 0.06 ppm; sugar beet, dried pulp at 1.0 
ppm; vegetable, root subgroup 1A at 0.2 ppm and vegetable, tuberous and 
corm subgroup 1C at 0.02 ppm. The HPLC-MS/MS is used to measure and 
evaluate the chemical bixafen. Contact: RD.
    8. PP 6F8493. (EPA-HQ-OPP-2016-0536). United Phosphorus, Inc., 630 
Freedom Business Center, Suite 402, King of Prussia, PA 19406, requests 
to establish a tolerance in 40 CFR 180 for residues of the fungicide, 
ziram, in or on filbert (hazelnut) at 0.1 ppm. The residues of ziram 
are determined by acid hydrolysis to release carbon disulfide (CS2). 
The CS2 is measured by head-space gas chromatography or 
colorimetrically. Adequate enforcement methodology is used to measure 
and evaluate the chemical ziram. Contact: RD.
Amended Tolerances
    1. PP 6E8492. (EPA-HQ-OPP-2016-0495). Interregional Research 
Project No. 4 (IR-4) Project Headquarters, Rutgers, The State 
University of NJ, 500 College Road East, Suite 201 W, Princeton, NJ 
08540, requests to remove the tolerances in 40 CFR 180.222 for residues 
of prometryn in or on cotton, undelinted seed at 0.25 ppm and the leaf 
petioles subgroup 4B at 0.5 ppm. A gas chromatography analytical method 
is available for enforcement purposes. The method determines residues 
of prometryn in/on plants using a microcoulometric sulfur detection 
system. Contact: RD.
    2. PP 6E8500. (EPA-HQ-OPP-2016-0518). BASF Corporation, P.O. Box 
13528, Research Triangle Park, NC 27709, requests to amend the 
tolerance in 40 CFR 180.663 for residues of the fungicide ametoctradin 
in or on hops, dried cone from 10 ppm to 100 ppm. The high performance 
liquid chromotography--mass spectrometry (HPLC-MS/MS) analytical method 
is used to measure and evaluate the chemical residues of ametoctradin. 
Contact: RD.
    3. PP 6F8458. (EPA-HQ-OPP-2016-0537). Syngenta Crop Protection, 
LLC, PO Box 18300, Greensboro, NC 27419, requests to amend the 
tolerances in 40 CFR 180.665 for residues of the fungicide, sedaxane, 
by removing the tolerances on barley, grain at 0.01 ppm; barley, hay at 
0.04 ppm; barley, straw at 0.01 ppm; corn, field, forage at 0.01 ppm; 
corn, field, grain at 0.01 ppm; corn, field, stover at 0.01 ppm; corn, 
pop, grain at 0.01 ppm; corn, pop, stover at 0.01 ppm; corn, sweet, 
forage at 0.01 ppm; corn, sweet, kernel plus cob with husks removed at 
0.01 ppm; corn, sweet, stover at 0.01 ppm; oat, forage at 0.015 ppm; 
oat, grain at 0.01 ppm; oat, hay at 0.06 ppm; oat, straw at 0.01 ppm; 
rye, forage at 0.015 ppm; rye, grain at 0.01 ppm; rye, straw at 0.01 
ppm; sorghum, grain, forage at 0.01 ppm; sorghum, grain, grain at 0.01 
ppm; sorghum, grain, stover at 0.01 ppm; wheat, forage at 0.015 ppm; 
wheat, grain at 0.01 ppm; wheat, hay at 0.06 ppm; and wheat, straw at 
0.01 ppm. The GRM023.01A/GRM023.01B and HPLC/LC-MS/MS is used to 
measure and evaluate the chemical sedaxane. Contact: RD.
New Tolerance Exemptions
    1. PP IN-10849. (EPA-HQ-OPP-2015-0728). Jeneil Biosurfactant 
Company, 1150 18th Street NW., Suite 1000, Washington, DC 20036, 
requests to establish an exemption from the requirement of a tolerance 
for residues of isoamyl alcohol (CAS Reg. No. 123-51-3) when used as an 
inert ingredient (solvent) in pesticide formulations applied to growing 
crops and raw agricultural commodities after harvest under 40 CFR 
180.910. 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-10949. (EPA-HQ-OPP-2016-0337). Clariant Corporation, 4000 
Monroe Road, Charlotte, NC 28205 requests to establish an exemption 
from the requirement of a tolerance for residues of fatty acids, 
montan-wax, ethoxylated (CAS Reg No. 68476-04-0) having a minimum 
number-average molecular weight (in amu) of 1800, 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 a tolerance exemption. Contact: RD.
Amended Tolerance Exemptions
    1. PP 6E8471. (EPA-HQ-OPP-2016-0566). Interregional Research 
Project Number 4 (IR-4), Rutgers University, 500 College Rd. East, 
Suite 201W, Princeton, NJ 08540, requests to amend an exemption from 
the requirement of a tolerance in 40 CFR 180.1206 for residues of the 
fungicide Aspergillus flavus AF36 by adding in or on almond and fig. 
The petitioner believes no analytical method is needed because an 
exemption from the requirement of a tolerance is proposed for Almond 
and Fig. Contact: BPPD.

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

    Dated: November 16, 2016.
Michael L. Goodis,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-28738 Filed 11-29-16; 8:45 am]
BILLING CODE 6560-50-P


