[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Proposed Rules]
[Pages 6129-6131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02039]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2019-0041; FRL-10003-17]


Receipt of Several Pesticide Petitions Filed for Residues of 
Pesticide Chemicals in or on Various Commodities (November 2019)

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 March 5, 2020.

ADDRESSES: Submit your comments, identified by the docket 
identification (ID) number and 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 Goodis, Registration Division 
(RD) (7505P), main telephone number: (703) 305-7090, email address: 
RDFRNotices@epa.gov; or Robert McNally, Biopesticides and Pollution 
Prevention Division (BPPD) (7511P), main telephone number: (703) 305-
7090, email address: 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.

[[Page 6130]]

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:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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 174 and/or 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 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.

A. Amended Tolerance Exemptions for PIPS

    PP 9G8791. (EPA-HQ-OPP-2017-0113). BASF Corporation, 26 Davis Dr., 
P.O. Box 13528, Research Triangle Park, NC 27709-3528, requests to 
amend a temporary exemption from the requirement of a tolerance in 40 
CFR 174.538 for residues of the plant-incorporated protectant (PIP) 
Bacillus thuringiensis Cry14Ab-1 protein in or on soybean by extending 
the expiration date. The petitioner believes no analytical method is 
needed because the petition is requesting to amend a temporary 
exemption from the requirement of a tolerance without numerical 
limitation. Contact: BPPD.

B. New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11282. (EPA-HQ-OPP-2019-0572). BASF Corporation, 26 Davis 
Drive, Research Triangle Park, NC 27709, requests to establish an 
exemption from the requirement of a tolerance for residues of Bacillus 
thuringiensis strain EX 297512 whole broth, when used as an inert 
ingredient in pesticide formulations under 40 CFR 180.920 for use as a 
seed treatment only. 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-11323. (EPA-HQ-OPP-2019-0510). SciReg, Inc. (12733 
Director's Loop, Woodbridge, VA 22192) on behalf of Solvay USA Inc. 
(504 Carnegie Center, Princeton, NJ 08540) requests to establish an 
exemption from the requirement of a tolerance for residues of dimethyl-
2-methylglutarate (CAS Reg. No. 14035-94-0) when used as inert 
ingredients (solvent) in pesticide formulations applied to growing 
crops pre- and post-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.
    3. PP IN-11325. (EPA-HQ-OPP-2019-0571) Ecolab Inc., 1 Ecolab Place, 
St. Paul, MN 55102, requests to establish an exemption from the 
requirement of a tolerance for residues of magnesium sulfate (including 
magnesium sulfate anhydrous (CAS Reg. No. 7487-88-9), magnesium sulfate 
monohydrate (CAS Reg. No. 14168-73-1), magnesium sulfate trihydrate 
(CAS Reg. No. 15320-30-6), magnesium sulfate tetrahydrate (CAS Reg. No. 
24378-31-2), magnesium sulfate pentahydrate (CAS Reg. No. 15553-21-6), 
magnesium sulfate hexahydrate (CAS Reg. No. 17830-18-1), and magnesium 
sulfate heptahydrate (CAS Reg. No. 10034-998)), when used as inert 
ingredients in pesticide formulations under 40 CFR 180.940(a) at an 
upper limit of 4400 parts per million (ppm). The petitioner believes no 
analytical method is needed because it is not required for an exemption 
from the requirement of a tolerance Contact: RD.

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

    1. PP 9F8749. (EPA-HQ-OPP-2019-0474). FMC Corporation, 2929 Walnut 
St., Philadelphia, PA 19104, requests to establish an exemption from 
the requirement of a tolerance in 40 CFR

[[Page 6131]]

part 180 for residues of the fungicide Bacillus subtilis strain RTI477 
in or on all food commodities. The petitioner believes no analytical 
method is needed because, if Bacillus subtilis strain RTI477 is used as 
proposed, no residues of toxicological concern would result. Contact: 
BPPD.
    2. PP 9F8750. (EPA-HQ-OPP-2019-0475). FMC Corporation, 2929 Walnut 
St., Philadelphia, PA 19104, requests to establish an exemption from 
the requirement of a tolerance in 40 CFR part 180 for residues of the 
fungicide Bacillus velezensis strain RTI301 in or on all food 
commodities. The petitioner believes no analytical method is needed 
because, if Bacillus velezensis strain RTI301 is used as proposed, no 
residues of toxicological concern would result. Contact: BPPD.

D. Notice of Filing--New Tolerances for Inerts

    PP IN-11323. (EPA-HQ-OPP-2019-0510). SciReg, Inc. (12733 Director's 
Loop, Woodbridge, VA 22192) on behalf of Solvay USA Inc. (504 Carnegie 
Center, Princeton, NJ 08540) requests to establish an exemption from 
the requirement of a tolerance for residues of dimethyl-2-
methylglutarate (CAS Reg. No. 14035-94-0) when used as inert 
ingredients (solvent) in pesticide formulations applied to growing 
crops pre- and post-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.

E. New Tolerances for Non-Inerts

    1. PP 9F8772. EPA-HQ-OPP-2019-0586. Syngenta Crop Protection, LLC, 
P.O. Box 18300, Greensboro, NC, 27419, requests to establish tolerance 
in 40 CFR part 180 for residues of the fungicide Benzovindiflupyr 
[chemical name 1 H-pyrazole-4-carboxamide, N-[9-(dichloromethylene)-
1,2,3,4- tetrahydro-1,4-methanonaphthalen-5-yl]-3-(difluoromethyl)-1- 
methyl-] in or on the raw agricultural commodities beet, sugar, dried 
pulp at 0.15 ppm; beet, sugar, roots at 0.08 ppm; and beet, sugar, tops 
at 0.06 ppm. The analytical methods GRM042.08A, GRM042.06A (also known 
as Charles River Method No. 1887 Version 2.0), and GRM023.03A was used 
to measure and evaluate the chemical Benzovindiflupyr. Contact: RD.
    2. PP 9F8789. (EPA-HQ-OPP-2019-0664, Mitsui Chemicals Agro, Inc., 
Nihonbashi Dia Building, 1-19-1 Nihonbashi Chuo-ku Tokyo 103-0027, 
Japan c/o Landis International, Inc, P.O. Box 5126, Valdosta, GA 31603-
5126 requests to establish a tolerance in 40 CFR part 180 for residues 
of the insecticide, Dinotefuran, in or on soybean seed at 0.3 ppm, 
soybean forage at 3 ppm, soybean hay at 6 ppm, and grain aspirated 
fractions at 40 ppm. High-Performance Liquid Chromatograph-Mass 
Spectrometer (LC-MS/MS) is used to measure and evaluate the chemical 
residues of the parent dinotefuran and residue of the metabolites, 1-
methyl-3-(tetrahydro-3-furymethyl)guanidine (DN) and 1-methyl-3-
(tetrahydro-3-furymethyl)-urea (UF). Contact: RD

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

    Dated: December 18, 2019.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2020-02039 Filed 2-3-20; 8:45 am]
 BILLING CODE 6560-50-P


