[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Proposed Rules]
[Pages 9471-9473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04522]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0006; FRL-9973-27]


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 5, 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]; or 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. 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 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.

III. Amended Tolerances

    1. PP 7F8583. (EPA-HQ-OPP-2017-0448). Bayer Crop Science Division, 
2 TW Alexander Drive, Durham, NC 27709, requests to amend the tolerance 
in 40 CFR 180.645 for residues of the herbicide thiencarbazone-methyl 
in or on wheat, forage at 0.15 parts per million (ppm). The high 
pressure liquid chromatography/triple stage quadrupole

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mass spectrometry (LC/MS/MS) is used to measure and evaluate the 
chemical thiencarbazone-methyl. Contact: RD.
    2. PP 7F8590. (EPA-HQ-OPP-2017-0744). Syngenta Crop Protection, 
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish the 
tolerance in 40 CFR 180.507 for residues of the fungicide, 
azoxystrobin, in or on Beet, sugar, roots at 5.0 ppm and Vegetable, 
root, subgroup 1B at 0.5 ppm. The gas chromatography with nitrogen-
phosphorus detection (GC-NPD) or in mobile phase by high performance 
liquid chromatography with ultra-violet detection (HPLC-UV) is used to 
measure and evaluate the chemical azoxystrobin. Contact: RD.
    3. PP 7F8590. (EPA-HQ-OPP-2017-0744). Syngenta Crop Protection, 
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to amend the 
tolerances in 40 CFR 180.507 for residues of the fungicide, 
azoxystrobin by removing the tolerance on Vegetable, root, subgroup 1A 
at 0.5 ppm. The GC-NPD or in mobile phase by HPLC-UV detection is used 
to measure and evaluate the chemical azoxystrobin. Contact: RD.

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

    1. PP 6F8535. (EPA-HQ-OPP-2017-0315). Technology Sciences Group 
Inc., 712 Fifth St., Suite A, Davis, CA 95616 (on behalf of Lesaffre 
Yeast Corporation, 7475 W. Main St., Milwaukee, WI 53214), requests to 
establish an exemption from the requirement of a tolerance in 40 CFR 
part 180 for residues of the systemic resistance inducer (SRI) 
Cerevisane (cell walls of Saccharomyces cerevisiae strain LAS117) in or 
on all food commodities. The petitioner believes no analytical method 
is needed because it is expected that, when used as proposed, 
Cerevisane (cell walls of Saccharomyces cerevisiae strain LAS117) would 
not result in residues that are of toxicological concern. Contact: 
BPPD.
    2. PP 7F8562. (EPA-HQ-OPP-2017-0593). Otsuka Pharmaceutical Co., 
Ltd., 2-9 Kanda-Tsukasamachi, Chiyoda-ku, Tokyo, 101-8535, Japan (c/o 
Technology Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 
95616), requests to establish an exemption from the requirement of a 
tolerance in 40 CFR part 180 for residues of the bactericide 
bacteriophages active against Xylella fastidiosa in or on all food 
commodities. The petitioner believes no analytical method is needed 
because an exemption from the requirement of a tolerance is being 
proposed. Contact: BPPD.
    3. PP 7F8573. (EPA-HQ-OPP-2017-0702). OmniLytics, Inc., 9100 South 
500 West, Sandy, UT 84070, requests to establish an exemption from the 
requirement of a tolerance in 40 CFR part 180 for residues of the 
bactericide bacteriophage active against Erwinia amylovora in or on 
apple and pear. The petitioner believes no analytical method is needed 
because an exemption from the requirement of a tolerance is being 
proposed. Contact: BPPD.
    4. PP 7F8589. (EPA-HQ-OPP-2017-0722). Adjuvants Plus, Inc., 1755 
Division Rd. North, Kingsville, Ontario N9Y 2Y8, Canada (c/o Technology 
Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 95616), requests 
to establish an exemption from the requirement of a tolerance in 40 CFR 
part 180 for residues of the fungicide Clonostachys rosea strain ACM941 
in or on all food commodities. The petitioner believes no analytical 
method is needed because an analytical method for residues is not 
applicable; it is expected that, when used as proposed, Clonostachys 
rosea strain ACM941 would not result in residues that are of 
toxicological concern. Contact: BPPD.
    5. PP 7F8594. (EPA-HQ-OPP-2017-0721). Adjuvants Plus, Inc., 1755 
Division Rd. North, Kingsville, Ontario N9Y 2Y8, Canada (c/o Technology 
Sciences Group Inc., 712 Fifth St., Suite A, Davis, CA 95616), requests 
to establish an exemption from the requirement of a tolerance in 40 CFR 
part 180 for residues of the fungicide Clonostachys rosea strain 88-710 
in or on all food commodities. The petitioner believes no analytical 
method is needed because an analytical method for residues is not 
applicable; it is expected that, when used as proposed, Clonostachys 
rosea strain 88-710 would not result in residues that are of 
toxicological concern. Contact: BPPD.

V. New Tolerances for Non-Inerts

    1. PP 7F8577. EPA-HQ-OPP-2017-0719. Sipcam Agro USA, 2525 Meridian 
Parkway, Suite 350, Durham, NC 27713, requests to establish a tolerance 
in 40 CFR part 180.275 for residues of the fungicide, chlorothalonil in 
or on sugarbeet roots at 0.5 ppm; sugarbeet, dried pulp at 0.05 ppm; 
sugarbeet, refined sugar at 0.05 ppm; sugarbeet, molasses at 0.05 ppm. 
The gas chromatography method is used to measure and evaluate the 
chemical chlorothalonil. Contact: RD.
    2. PP 7F8582. (EPA-HQ-OPP-2017-0417). FMC Corporation, 1735 Market 
Street, Philadelphia, PA 19103 requests to establish a tolerance in 40 
CFR 180 for residues of the fungicide, valifenalate, in or on the raw 
agricultural commodity potato at 0.01 ppm; bulb vegetable crop group 3-
07 at 0.40 ppm; celery at 5.0 ppm; cucurbit crop group 9 at 0.30 ppm; 
fruiting vegetable crop group 8-10 at 0.50 ppm; grape import tolerance 
at 5.0 ppm; and tomato-wet peel at 0.90 ppm. The LC/MS/MS method is 
used to measure and evaluate the chemical valifenalate (beta-Alanine, 
N-[(1-methylethoxy)carbonyl]-L-valyl-3-(4-chlorophenyl)-, methyl 
ester). Contact: RD.
    3. PP 7F8618. (EPA-HQ-OPP-2017-0673). Gowan Company, LLC, P.O. Box 
556 Yuma, AZ 85364, requests to establish a tolerance in 40 CFR part 
180 for residues of the insecticide fenazaquin, [3-[2-[4-(1,1-
dimethylethyl) phenyl] ethoxy] quinazoline], in or on Alfalfa, forage, 
at 4.0 ppm; Alfalfa, hay, at 15 ppm; Avocado at 0.15 ppm; Beef, fat at 
0.05 ppm; Bushberry, subgroup 13-07B at 0.8 ppm; Caneberry, subgroup 
13-07A at 0.7 ppm; Corn, field, aspirated grain fractions at 3.0 ppm; 
Corn, field, forage at 7.0 ppm; Corn, field, grain at 0.09 ppm; Corn, 
field, refined oil at 0.2 ppm; Corn, field, stover at 40 ppm; Corn, 
sweet, forage at 9.0 ppm; Corn, sweet, grain at 0.03 ppm; Cotton, gin 
byproducts at 15.0 ppm; Cotton, undelinted seed at 0.4 ppm; Fruit, 
citrus group 10-10 at 0.4 ppm; Fruit, low growing berry subgroup 13-07G 
at 2.0 ppm; Fruit, pome group 11-10 at 0.4 ppm; Fruit, small fruit vine 
climbing, except fuzzy kiwifruit subgroup 13-07F at 0.7 ppm; Fruit, 
stone group 12-12 at 1.5 ppm; Grape, raisins at 0.8 ppm; Kidney at 0.01 
ppm; Liver at 0.02 ppm; Milk at 0.01 ppm; Mint at 10.0 ppm; Pork, fat 
at 0.05 ppm; Sheep, fat at 0.05 ppm; Vegetables, cucurbit group 9 at 
0.3 ppm; Vegetables, fruiting group 8-10 at 0.3 ppm; Vegetables, 
legumes, dried shelled pea and bean (except soybean) subgroup 6C at 0.3 
ppm; Vegetables, legumes, edible-podded subgroup 6A at 0.4 ppm; and 
Vegetables, legumes, succulent shelled pea and bean subgroup 6B at 0.02 
ppm. LC/MS/MS is used to measure and evaluate the chemical fenazaquin. 
Contact: RD.
    4. PP 7F8623. (EPA-HQ-OPP-2017-0653). Nippon Soda Co., Ltd c/o 
Nisso America, Inc., 88 Pine Street, 14th Floor, New York, NY 10005 
requests to establish a tolerance in 40 CFR for residues of the 
fungicide picarbutrazox, in or on Crop Group 9, Cucurbit Vegetables at 
0.20 ppm, Crop Subgroup 4-16A, Leafy Greens at 10 ppm, Corn, forage at 
0.01 ppm, Corn, grain at 0.01 ppm, Corn, 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, Popcorn, grain at 
0.01 ppm, Soybean, forage at 0.01 ppm, Soybean, hay at 0.01 ppm and 
Soybean, seed at 0.01 ppm. The LC/MS/MS method is

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used to measure and evaluate the chemical picarbutrazox (tert-butyl (6-
{[(Z)-(1-methyl-1H-5-tetrazolyl) 
(phenyl)methylene]aminooxymethyl{time} -2-pyridyl)carbamate) and its 
metabolite TZ-1E (IUPAC: tert-butyl (6-{[(E)-(1-methyl-1H-5-tetrazolyl) 
(phenyl)methylene]aminooxymethyl{time} -2-pyridyl) carbamate). Contact: 
RD.

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

    Dated: January 29, 2018.
Hamaad A. Syed,
Acting Director, Information Technology and Resources Management 
Division, Office of Pesticide Programs.
[FR Doc. 2018-04522 Filed 3-5-18; 8:45 am]
 BILLING CODE 6560-50-P


