[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Proposed Rules]
[Pages 37818-37821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16389]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2019-0041; FRL-9996-78]


Receipt of a Pesticide Petition Filed for Residues of Pesticide 
Chemicals in or on Various Commodities for June 2019

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petition and request for comment.

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SUMMARY: This document announces the Agency's receipt of an initial 
filing of a pesticide petition 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 September 3, 2019.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number 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. 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: 

[[Page 37819]]

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 receipt of a pesticide petition 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 request before responding to the 
petitioner. EPA is not proposing any particular action at this time. 
EPA has determined that the pesticide petition described in this 
document contains 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 
supports granting of the pesticide petition. 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 this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition that is the 
subject of this document, prepared by the petitioner, is included in a 
docket EPA has created for this rulemaking. The docket for this 
petition 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.

Amended Tolerance Exemptions for Inerts (Except PIPS)

    PP IN-11271. (EPA-HQ-OPP-2019-0279). Spring Trading Company (203 
Dogwood Trail Magnolia, TX 77354-5201) on behalf of BASF Corporation 
(100 Campus Drive, Florham Park NJ 07932), requests to amend an 
exemption from the requirement of a tolerance for residues of 
propanamide, 2-hydroxy-N, N-dimethyl- (CAS Reg. No. 35123-06-9) by 
increasing the limitation from 20% by weight to 50% by weight when used 
as a pesticide inert ingredient (solvent/co-solvent) in pesticide 
formulations applied in or on raw agricultural commodities and to 
growing crops under 40 CFR 180.910 and applied in/on animals under 40 
CFR 180.930. The petitioner believes no analytical method is needed 
because it is not required for an exemption from the requirement of a 
tolerance. Contact: RD.

Amended Tolerances for Non-Inerts

    1. PP 9E8739. (EPA-HQ-OPP-2017-0694). The Interregional Research 
Project Number 4 (IR-4), Rutgers, The State University of New Jersey, 
500 College Road East, Suite 201 W, Princeton, NJ 08540, proposes upon 
establishment of the tolerance referenced above under ``New 
Tolerances'' to remove the existing tolerance in 40 CFR part 180.672 
for residues of the insecticide cyantraniliprole, 3-bromo-1-(3-chloro-
2-pyridinyl)-N-[4-cyano-2-methyl-6-[((methylamino)carbonyl]phenyl]-1H-
pyrazole-5-carboxamide, including its metabolites and degradates in or 
on Strawberry at 1.0 ppm. Contact: RD.
    2. PP 9E8743. (EPA-HQ-OPP-2019-0250). IR-4, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, New Jersey 08540, proposes to amend 40 CFR part 180.613(a) 
for residues of the insecticide flonicamid, including its metabolites 
and degradates, to be 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 Leafy greens subgroup 4-16A, except 
spinach by increasing the existing tolerance from 4.0 ppm to 8.0 ppm. 
Upon establishment of the amended tolerance above, the petitioner 
requests removal of the existing tolerance for flonicamid on Leafy 
greens subgroup 4-16A, except spinach at 4.0 ppm. The analytical method 
used to quantitate above designated flonicamid residues in plants 
incorporates a liquid chromatograph (LC) equipped with a reverse phase 
column and a triple quadruple mass spectrometer (MS/MS). Contact: RD.
    3. PP 9E8755. (EPA-HQ-OPP-2019-0128). IR-4, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201W, Princeton, 
NJ 08540, proposes upon establishment of tolerances referenced in this 
document under ``New Tolerances (for PP 9E6755)'' to remove the 
existing tolerances in 40 CFR part 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 the

[[Page 37820]]

following commodities: Pea, edible-podded at 1.0 ppm and Pea, succulent 
shelled at 0.05 ppm. Contact: RD.

New Tolerance Exemptions for Inerts (Except PIPS)

    PP IN-11264. (EPA-HQ-OPP- 2019-0327). Spring Trading Company (203 
Dogwood Trail Magnolia, TX 77354-5201) on behalf of Stoller 
Enterprises, Inc. (9090 Katy Freeway, Suite 400 Houston, TX 77024), 
requests to establish an exemption from the requirement of a tolerance 
for residues of formic acid (CAS Reg. No. 64-18-6) when used as a 
pesticide inert ingredient (pH adjuster) in pesticide formulations 
applied in or on raw agricultural commodities and to growing crops 
under 40 CFR 180.910 and applied in/on animals under 40 CFR 180.930. 
The petitioner believes no analytical method is needed because it is 
not required for an exemption from the requirement of a tolerance. 
Contact: RD.

New Tolerance Exemptions for Non-Inerts (Except PIPS)

    1. PP 8F8713. (EPA-HQ-OPP-2019-0368). Acqua Concepts, Inc. (d/b/a 
Ag Water Chemical), 2665 S. Chestnut, Fresno, CA 93725, requests to 
establish an exemption from the requirement of a tolerance in 40 CFR 
part 180 for residues of the gopher repellent methyl mercaptan in or on 
all food commodities that use irrigation lines treated with methyl 
mercaptan. The analytical method ``ASTM D 5504-12 using a gas 
chromatograph equipped with a sulfur chemiluminescence detector (SCD)'' 
is available to EPA for the detection and measurement of the pesticide 
residues. Contact: BPPD.
    2. PP 9F8735. (EPA-HQ-OPP-2019-0324). Biocontrol Technologies, 
S.L., Avgda. Madrid, 215-217, entres[ograve]l A, 08014 Barcelona, Spain 
(c/o Wagner Regulatory Associates, Inc., P.O. Box 640, Hockessin, DE 
19707), requests to establish an exemption from the requirement of a 
tolerance in 40 CFR part 180 for residues of the fungicide and 
bactericide Trichoderma asperellum, strain T34 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 9F8760. (EPA-HQ-OPP-2019-0367). Valent BioSciences LLC, 870 
Technology Way, Libertyville, IL 60048, requests to establish a 
temporary exemption from the requirement of a tolerance in 40 CFR part 
180 for residues of the biochemical plant regulator (fruit thinner) 1-
Aminocyclopropane-1-carboxylic acid (ACC) in or on apples and stone 
fruits. The petitioner believes no analytical method is needed because 
of low toxicity and minimal residues. Contact: BPPD.

New Tolerances for Non-Inerts

    1. PP 8F8708. (EPA-HQ-OPP-2019-0384). E. I. du Pont de Nemours and 
Company, 974 Centre Road, Wilmington, Delaware 19805, requests to 
establish a tolerance for residues of the insecticide indoxacarb in or 
on corn, pop, grain at 0.02 parts per million (ppm) and corn, pop, 
stover at 15 ppm. The plant residue enforcement method detects and 
quantitates indoxacarb in various matrices including sweet corn, 
lettuce, tomato, broccoli, apple, grape, cottonseed, tomato, peanut and 
soybean commodity samples by HPLC UV. The limit of quantitation in the 
method allows monitoring of crops with KN128/KN127 residues at or above 
the levels proposed in these tolerances. Contact: RD.
    2. PP 9E8739. (EPA-HQ-OPP-2017-0694). The Interregional Research 
Project Number 4 (IR-4), Rutgers, The State University of New Jersey, 
500 College Road East, Suite 201 W, Princeton, NJ 08540, requests to 
establish a tolerance in 40 CFR part 180.672 for residues of the 
insecticide cyantraniliprole, 3-bromo-1-(3-chloro-2-pyridinyl)-N-[4-
cyano-2-methyl-6-[((methylamino)carbonyl]phenyl]-1H-pyrazole-5-
carboxamide, including its metabolites and degradates in or on 
Strawberry at 1.5 ppm. The high-pressure liquid chromatography with 
ESI- MS/MS detection is used to measure and evaluate cyantraniliprole. 
Contact: RD.
    3. PP 9E8752. (EPA-HQ-OPP-2019-0281). IR-4, Rutgers, the State 
University of New Jersey. 500 College Road East, Princeton, NJ 08540, 
requests to establish a tolerance in 40 CFR part 180.446 for residues 
of the insecticide, clofentezine, 3,6-bis(2-chlorophenyl)-1,2,4,5-
tetrazine in or on hops, dried cones at 6 parts per million (ppm). The 
high-performance liquid chromatography (HPLC) is available to enforce 
the tolerance expression. The limit of quantitation (LOQ) and limit of 
detection (LOD) were determined to be 0.01 ppm and 0.003 ppm, 
respectively. Contact: RD.
    4. PP 9E8755. (EPA-HQ-OPP-2019-0128). IR-4, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201W, Princeton, 
NJ 08540, requests to establish tolerances in 40 CFR part 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 the 
following commodities: Berry, low growing, subgroup 13-07G, except 
cranberry at 0.4 parts per million (ppm); Hop, dried cones at 5 ppm; 
and Tropical and subtropical, medium to large fruit, smooth, inedible 
peel, subgroup 24B at 0.1 ppm; individual crops of proposed crop 
subgroup 6-18B: Edible podded pea legume vegetable subgroup including: 
Chickpea, edible podded at 1 ppm; Dwarf pea, edible podded at 1 ppm; 
Edible podded pea at 1 ppm; Grass-pea, edible podded at 1 ppm; Green 
pea, edible podded at 1 ppm; Lentil, edible podded at 1 ppm; Pigeon 
pea, edible podded at 1 ppm; Snap pea, edible podded at 1 ppm; Snow 
pea, edible podded at 1 ppm; and Sugar snap pea, edible podded at 1 
ppm; and individual crops of proposed crop subgroup 6-18D: Succulent 
shelled pea subgroup including: Chickpea, succulent shelled at 0.05 
ppm; English pea, succulent shelled at 0.05 ppm; Garden pea, succulent 
shelled at 0.05 ppm; Green pea, succulent shelled at 0.05 ppm; Lentil, 
succulent shelled at 0.05 ppm; and Pigeon pea, succulent shelled at 
0.05 ppm. Adequate analytical methodology, high-pressure liquid 
chromatography with MS/MS detection, is available to enforce the 
oxathiapiprolin tolerance expression. Contact: RD.
    5. PP 9E8763. (EPA-HQ-OPP-2019-0388). IR-4, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, New Jersey 08540, requests to establish tolerances in 40 CFR 
part 180.613(a) for residues of the herbicide saflufenacil, including 
its metabolites and degradates, determined by measuring only the sum of 
saflufenacil, 2-chloro-5-[3,6-dihydro-3-methyl-2,6-dioxo-4-
(trifluoromethyl)-1(2H)-pyrimidinyl]-4-fluoro-N-[[methyl(1-
methylethyl)amino]sulfonyl]benzamide, and its metabolites N-[2-chloro-
5-(2,6-dioxo-4-(trifluoromethyl)-3,6-dihydro-1(2H)-pyrimidinyl)-4-
fluorobenzoyl]-N'-isopropylsulfamide and N-[4-chloro-2-fluoro-5-({ 
(isopropylamino)sulfonyl amino{time} carbonyl)phenyl]urea, calculated 
as the stoichiometric equivalent of saflufenacil, in or on the 
following raw agricultural commodities: Caneberry subgroup 13-07A at 
0.03 parts per million (ppm), Chia, seed at 1 ppm, Chia, straw at 15 
ppm, Fig at 0.03 ppm, and Fig, dried at 0.05 ppm. Adequate enforcement 
analytical methodology (liquid chromatography/tandem mass spectrometry 
(LC/MS/MS) for plant and livestock commodities is available to

[[Page 37821]]

enforce the saflufenacil tolerance expression. Contact RD.
    6. PP 9F8747. (EPA-HQ-OPP-2019-0230). Valent U.S.A. LLC, P.O. Box 
8025, Walnut Creek, CA 94596-8025, requests to establish a tolerance in 
40 CFR part 180 for residues of the fungicide, ethaboxam ((RS)-N-
([alpha]-cyano-2-thenyl)-4-ethyl-2-(ethylamino)-1,3-thiazole-5-
carboxamide) in or on beet, sugar, root at 0.01 parts per million 
(ppm). The analytical method uses high-performance liquid 
chromatography (HPLC) with tandem mass spectrometry (LC/MS-MS), with 
turbo-ion spray ionization in positive ion mode for ethaboxam and 
metabolites EEO, and negative ion mode for EEHO. A linear forced-origin 
calibration curve was used to quantify ethaboxam in the sample 
extracts. Contact: RD.


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

    Dated: July 10, 2019.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2019-16389 Filed 8-1-19; 8:45 am]
 BILLING CODE 6560-50-P


