[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Proposed Rules]
[Pages 3658-3661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01498]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0006; FRL-9971-46]


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 February 26, 2018.

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 (7511P), main telephone number: (703) 
305-7090; email address: [email protected]., Michael Goodis, 
Registration Division (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.

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

[[Page 3659]]

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.

III. New Tolerances for Non-Inerts

    PP 7F8557. (EPA-HQ-OPP-2017-0429). E. I. Du Pont De Nemours and 
Company, Chestnut Run Plaza, 974 Centre Road, Wilmington, DE 19805, 
requests to establish a tolerance in 40 CFR part 180 for residues of 
the fungicide picoxystrobin in or on alfalfa, forage at 4 parts per 
million (ppm); alfalfa, hay at 5 ppm; alfalfa, seed at 9 ppm; almond 
hulls at 15 ppm; cotton, gin by-products at 40 ppm; cottonseed (Crop 
Subgroup 20C) at 4 ppm; grass, forage (Grown for Seed) at 40 ppm; 
grass, hay (Grown for Seed) at 80 ppm; head lettuce at 7 ppm; onion, 
bulb (Crop Subgroup 3-07A) at 0.8 ppm; onion, green (Crop Subgroup 3-
07B) at 15; pea and bean, succulent shelled (Crop Subgroup 6B) at 3 
ppm; peanut at 0.1 ppm; peanut, hay at 40 ppm; sunflower (Crop Subgroup 
20B) at 3 ppm; tree nut except hulls (Crop Group 14-12) at 0.15 ppm; 
vegetable, brassica head and stem (Crop Group 5-16) at 5 ppm; 
vegetable, cucurbit (Crop Group 9) at 0.7 ppm; vegetable, fruiting 
(Crop Group 8-10) at 1.5 ppm; vegetable, leaf petiole (Crop Subgroup 
22B) at 40 ppm; vegetable, leafy except head lettuce (Crop Group 4-16) 
at 60 ppm; vegetable, leaves of root and tuber (Crop Group 2) at 40 
ppm; vegetable, legume, edible podded (Crop Subgroup 6A) at 4 ppm; 
vegetable, root (Crop Subgroup 1A) at 0.6 ppm; and vegetable, tuberous 
and corm (Crop Subgroup 1C) at 0.06 ppm. The liquid chromatography/
triple quadrupole mass spectrometry (LC/MS/MS) is used to measure and 
evaluate the chemical picoxystrobin. Contact: RD.

IV. Amended Tolerance

    1. PP 5F8521. (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 Crop Subgroup 1C, tuberous and corm vegetables 
(except granular/flakes and chips) at 0.05 ppm; Crop Group 3-07, bulb 
vegetables at 0.15 ppm; potatoes, granular/flakes at 0.3 ppm and potato 
chips at 0.06 ppm. The high performance LC/MS/MS methods has been 
proposed to enforce the tolerance expression for pyroxasulfone. 
Contact: RD.
    2. PP 7E8556. (EPA-HQ-OPP-2017-0224). Interregional Research 
Project No. 4 (IR-4), Rutgers, The State University of New Jersey, 500 
College Road East, Suite 201 W, Princeton, NJ 08540, proposes upon 
establishment of tolerances referenced in this document under ``New 
Tolerances'' for PP 7E8556, to remove existing tolerances in 40 CFR 
180.613(a) for the residues of the insecticide flonicamid, including 
its metabolites and degradates, determined by measuring only the sum of 
flonicamid, N-(cyanomethyl)-4-(trifluoromethyl)-3-pyridinecarboxamide, 
and its metabolites, TFNA (4-trifluoromethylnicotinic acid), TFNA-AM 
(4-trifluoromethylnicotinamide), and TFNG, N-(4-
trifluoromethylnicotinoyl)glycine, calculated as the stoichiometric 
equivalent of flonicamid, in or on vegetable, leafy, except brassica, 
group 4, except spinach at 4.0 ppm, brassica, head and stem, subgroup 
5A at 1.5 ppm, brassica, leafy greens, subgroup 5B at 16 ppm, radish, 
tops at 16 ppm, turnip, greens at 16 ppm, and cotton, undelinted seed 
at 0.50 ppm. Contact: RD.
    3. PP 7E8587. (EPA-HQ-OPP-2017-0465). IR-4, IR-4 Project 
Headquarters, Rutgers, The State University of NJ, 500 College Road 
East, Suite 201 W, Princeton, NJ 08540, requests to amend 40 CFR 
180.368 by removing the tolerances for residues of the herbicide S-
metalochlor including its metabolites and degradates in or on Asparagus 
at 0.10 ppm; beet, garden, leaves at 1.8 ppm; turnip, greens at 1.8 
ppm; brassica, head and stem, subgroup 5A at 0.60 ppm; brassica, leafy 
greens, subgroup 5B at 1.8 ppm; cotton, undelinted seed at 0.10 ppm; 
leaf petioles, subgroup 4B at 0.10 ppm. A gas chromatography-nitrogen 
phosphorus detection (GC/NPD) method has been submitted to the Agency 
for determining residues in/on crop commodities and is published in PAM 
Vol. II, Method I. Contact: RD.
    4. PP 7E8610. (EPA-HQ-OPP-2017-0562). IR-4, IR-4 Project 
Headquarters, Rutgers, The State University of NJ, 500 College Road 
East, Suite 201 W, Princeton, NJ 08540, requests to amend 40 CFR 
180.546 by removing the tolerance for residues of the fungicide 
mefenoxam, including its metabolites and degradates in or on kiwifruit 
at 0.10 ppm. The analytical methods cited are the Novartis Crop 
Protection Method 456-98, ``Confirmatory Analytical Method for the 
Enantioselective Determination of Residues of Parent Metalaxyl (CGA-
48988) or Mefenoxam (CGA-329351) in Crop Substrates by Chiral High 
Performance Liquid

[[Page 3660]]

Chromatography with Mass Spectrometric Detection'', and the Ciba-Geigy 
Corporation Procedure AG-395, ``Improved Method for the Determination 
of Total Residues of Metalaxyl in Crop as 2,6-dimethylaniline''. This 
total residue method is used for the determination of the combined 
residues of metalaxyl N-(2,6-dimethylphenyl)-N-(methoxyacetyl) alanine 
methyl ester and its metabolites which contain the 2,6-dimethylaniline 
(2,6-DMA) moiety in crop samples. Contact: RD.
    5. PP 7E8613. (EPA-HQ-OPP-2017-0587). IR-4, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08540, proposes upon establishment of tolerances 
referenced in this document under ``New Tolerances'' for PP 7E8613, to 
remove existing tolerances in 40 CFR 180.675 for residues of the 
insecticide tolfenpyrad, (4-chloro-3-ethyl-1-methyl-N-[4-
(ptolyloxy)benzyl]pyrazole-5-carboxamide), including it metabolites and 
degradates, in or on cotton, undelinted seed at 0.70 ppm; grape at 2.0 
ppm; potato at 0.01 ppm; and vegetable, leafy, except brassica, group 4 
at 30.0 ppm. The LC/MS/MS method is used to measure and evaluate the 
chemical. Contact: RD.

V. New Tolerance Exemptions for Non-Inerts (Except PIPS)

    1. PP 6F8504. (EPA-HQ-OPP-2017-0565). Gowan Company LLC, P.O. Box 
5569, Yuma, AZ 85366-5569, requests to establish an exemption from the 
requirement of a tolerance in 40 CFR part 180 for residues of the 
biochemical fungicide Extract of Swinglea glutinosa in or on all food 
commodities. The petitioner believes no analytical method is needed 
because the information supporting the request for exemption indicates 
limited exposure and no risk. Contact: BPPD.

VI. New Tolerances For Non-Inerts

    1. PP 5F8521. (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 Crop Subgroup 1C, tuberous and corm vegetables 
(except granular/flakes and chips) at 0.05 ppm; Crop Group 3-07, bulb 
vegetables at 0.15 ppm; potatoes, granular/flakes at 0.3 ppm and potato 
chips at 0.06 ppm. The high performance LC/MS/MS methods has been 
proposed to enforce the tolerance expression for pyroxasulfone. 
Contact: RD.
    2. PP 7E8556. (EPA-HQ-OPP-2017-0224). IR-4, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201W, Princeton, 
NJ 08540, requests to establish a tolerance in 40 CFR part 180 for 
residues of the insecticide flonicamid, including its metabolites and 
degradates, determined by measuring only the sum of flonicamid, N-
(cyanomethyl)-4-(trifluoromethyl)-3-pyridinecarboxamide, and its 
metabolites, TFNA (4-trifluoromethylnicotinic acid), TFNA-AM (4-
trifluoromethylnicotinamide), and TFNG, N-(4-
trifluoromethylnicotinoyl)glycine, calculated as the stoichiometric 
equivalent of flonicamid, in or on raw agricultural commodities as 
follows:
    a. Amend 180.613 (a) General. (1) by establishing a tolerance in or 
on celtuce at 4.0 ppm; Florence fennel at 4.0 ppm; kohlrabi at 1.5 ppm; 
and Crop Group Expansions/Conversions for brassica, leafy greens, 
subgroup 4-16B at 16 ppm; cottonseed subgroup 20C at 0.60 ppm; leaf 
petiole vegetable subgroup 22B at 4.0 ppm; leafy greens subgroup 4-16A, 
except spinach at 4.0 ppm; and vegetable, brassica, head and stem, 
group 5-16 at 1.5 ppm, and
    b. Amend 180.613(c) Tolerances with regional registrations, by 
establishing a tolerance for clover, forage at 0.9 ppm and clover, hay 
at 4.0 ppm.
    Analytical methodology to determine above designated residues of 
flonicamid for the majority of crops includes an initial extraction 
with acetonitrile (ACN)/deionized (DI) water, followed by a liquid-
liquid partition with ethyl acetate. The residue 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 quantitated using a liquid chromatograph (LC) equipped with 
a reverse phase column and a triple quadruple mass spectrometer (MS/
MS). Contact: RD.
    3. PP 7E8587. (EPA-HQ-OPP-2017-0465). IR-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 S-
metalochlor including its metabolites and degradates in or on the raw 
agricultural commodities stevia, dried leaves at 15.0 ppm; vegetable, 
leaves of root and tuber, group 2, except sugar beet at 2.0 ppm; Swiss 
chard at 0.10 ppm; vegetable, brassica, head and stem, group 5-16 at 
0.60 ppm; brassica, leafy greens, subgroup 4-16B, except Chinese 
broccoli at 1.8 ppm; stalk and stem vegetable subgroup 22A, except 
celtuce, Florence fennel, and kohlrabi at 0.10 ppm; leaf petiole 
vegetable subgroup 22B at 0.10 ppm; cottonseed subgroup 20C at 0.10 
ppm; celtuce at 0.10 ppm; Florence fennel at 0.10 ppm; kohlrabi at 0.60 
ppm, and Chinese broccoli at 0.60 ppm. A GC/NPD method has been 
submitted to the Agency for determining residues in/on crop commodities 
and is published in PAM Vol. II, Method I. Contact: RD.
    4. PP 7E8610. (EPA-HQ-OPP-2017-0562). IR-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 fungicide mefenoxam, 
including its metabolites and degradates in or on the raw agricultural 
commodities cacao bean, bean at 0.2 ppm; wasabi, tops at 6.0 ppm; 
wasabi, stem at 3.0 ppm; and fruit, small, vine climbing, except grape, 
crop subgroup 13-07E at 0.10 ppm. The analytical methods cited are the 
Novartis Crop Protection Method 456-98, ``Confirmatory Analytical 
Method for the Enantioselective Determination of Residues of Parent 
Metalaxyl (CGA-48988) or Mefenoxam (CGA-329351) in Crop Substrates by 
Chiral High Performance Liquid Chromatography with Mass Spectrometric 
Detection'', and the Ciba-Geigy Corporation Procedure AG-395, 
``Improved Method for the Determination of Total Residues of Metalaxyl 
in Crop as 2,6-dimethylaniline''. This total residue method is used for 
the determination of the combined residues of metalaxyl N-(2,6-
dimethylphenyl)-N-(methoxyacetyl) alanine methyl ester and its 
metabolites which contain the 2,6-dimethylaniline (2,6-DMA) moiety in 
crop samples. Contact: RD.
    5. PP 7E8613. (EPA-HQ-OPP-2017-0587) from 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 
180.675 for residues of the insecticide tolfenpyrad, (4-chloro-3-ethyl-
1-methyl-N-[4-(p-tolyloxy)benzyl]pyrazole-5-carboxamide), including it 
metabolites and degradates, in or on arugula at 30.0 ppm; avocado at 
1.5 ppm; berry, low growing, subgroup 13-07G, except cranberry and 
blueberry, lowbush at 3.0 ppm; bushberry, subgroup 13-07B at 7.0 ppm; 
caneberry, subgroup 13-07A at 7.0 ppm; celtuce at 30.0 ppm; cottonseed, 
subgroup 20C at 0.70 ppm; Florence fennel at 30.0 ppm; fruit, small, 
vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 2.0 ppm; 
garden

[[Page 3661]]

cress at 30.0 ppm; leafy greens, subgroup 4-16A at 30.0 ppm; leaf 
petiole vegetable, subgroup 22B at 30.0 ppm; onion, bulb, subgroup 3-
07A at 0.09 ppm; onion, green, subgroup 3-07B at 10.0 ppm; upland cress 
at 30.0 ppm; vegetable, fruiting, group 8-10 at 1.0 ppm; and vegetable, 
tuberous and corm, subgroup 1C at 0.01 ppm. The LC/MS/MS method is used 
to measure and evaluate the chemical. Contact: RD.

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

    Dated: December 4, 2017.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2018-01498 Filed 1-25-18; 8:45 am]
 BILLING CODE 6560-50-P


