[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Proposed Rules]
[Pages 20320-20321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09491]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2019-0041; FRL-9992-36]


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 June 10, 2019.

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 Goodis, Registration Division 
(7505P), main telephone number: (703) 305-7090, email address: 
RDFRNotices@epa.gov; or Robert McNally, Biopesticides and Pollution 
Prevention Division (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. 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).
    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 174 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 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.

A. Notice of Filing--Amended Tolerances for Non-Inerts

    1. PP 8E8718. (EPA-HQ-OPP-2018-0832). The Field Interregional 
Research Project Number 4 (IR-4), Rutgers, The State University of New 
Jersey, 500

[[Page 20321]]

College Road East, Suite 201W, Princeton, New Jersey 08540, proposes 
upon establishment of tolerances referenced in this document under 
``New Tolerances'' for PP 8E8718, to remove existing tolerances in 40 
CFR 180.601 for residues of the fungicide, cyazofamid, 4-chloro-2-
cyano-N,N-dimethyl-5-(4-methylphenyl)-1H-imidazole-1-sulfonamide (CA) 
and its metabolite CCIM, 4-chloro-5-(4-methylphenyl)-1H-imidazole-2-
carbonitrile (CA), calculated as the stoichiometric equivalent of 
cyazofamid in or on brassica, head and stem, subgroup 5A at 1.2 ppm, 
brassica, leafy greens, subgroup 5B at 12.0 ppm, leafy greens subgroup 
4A at 10 ppm, and turnip, greens at 12.0 ppm. Contact: RD.
    2. PP 8E8732. (EPA-HQ-OPP-2019-0101). 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 8E8732, to remove existing 
tolerances in 40 CFR 180.700 for residues of the insecticide 
afidopyropen, [(3S,4R,4aR,6S,6aS,12R,12aS,12bS)-3-
[(cyclopropylcarbonyl)oxy]-1,3,4,4a,5,6,6a,12,12a,12b-decahydro-6,12-
dihydroxy-4,6a,12b-trimethyl-11-oxo-9-(3-pyridinyl)-2H,11H-naphtho[2,1-
b]pyrano[3,4-e]pyran-4-yl]methyl cyclopropanecarboxylate in or on 
vegetable, fruiting, group 8-10 at 0.20 parts per million (ppm). 
Contact: RD.
    3. PP 8F8721. EPA-HQ-OPP-2019-0135. Gowan Company, P.O. Box 5569, 
Yuma, AZ 85366, requests to amend the tolerance in 40 CFR 180.416 for 
residues of the herbicide ethalfluralin in or on potato at 0.01 ppm. 
The capillary gas chromatography with mass selective detection (GC/MSD) 
is used to measure and evaluate the chemical ethalfluralin. Contact: 
RD.

B. New Tolerances for Non-Inerts

    1. PP 8E8718. (EPA-HQ-OPP-2018-0832). The Field 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 
180.601 for residues of the fungicide, cyazofamid, 4-chloro-2-cyano-
N,N-dimethyl-5-(4-methylphenyl)-1H-imidazole-1-sulfonamide (CA) and its 
metabolite CCIM, 4-chloro-5-(4-methylphenyl)-1H-imidazole-2-
carbonitrile (CA), calculated as the stoichiometric equivalent of 
cyazofamid in or on brassica, leafy greens, subgroup 4-16B at 15.0 ppm; 
ginseng at 0.2 ppm; kohlrabi at 1.5 ppm; leafy greens subgroup 4-16A at 
10.0 ppm; and vegetable, brassica, head and stem, group 5-16 at 1.5 
ppm. The analytical method, Liquid Chromatography with tandem Mass 
Spectrometry (LC/MS/MS) is used to measure and evaluate cyazofamid. 
Contact: RD.
    2. PP 8E8727. (EPA-HQ-OPP-2019-0061). The 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 180.605 for 
residues of the herbicide penoxsulam, including its metabolites and 
degradates. Compliance with the tolerance level specified is to be 
determined by measuring only penoxsulam 2-(2,2-difluoroethoxy)-N-(5,8-
dimethoxy[1,2,4]triazolo[1,5-c] pyrimidin-2-yl)-6-(trifluoromethyl) 
benzenesulfonamide, in or on Artichoke, globe at 0.01 ppm. Analytical 
method, LC/MS/MS, is used to measure and evaluate penoxsulam residues. 
The lowest level of method validation (LLMV) for artichoke, globe is 
0.01 ppm for penoxsulam. Contact: RD
    3. PP 8E8728. (EPA-HQ-OPP-2019-0076). Syngenta Crop Protection, 
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish a 
tolerance in 40 CFR part 180 for residues of the fungicide, 
difenoconazole, in or on tea at 30 ppm. The Gas chromatography equipped 
with a nitrogen-phosphorous detector or liquid chromatography (LC)/mass 
spectrometry (MS)/(MS) is used to measure and evaluate the chemical 
difenoconazole. Contact: RD.
    4. PP 8E8732. (EPA-HQ-OPP-2019-0101). The 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 
180.700 for residues of the insecticide afidopyropen, 
[(3S,4R,4aR,6S,6aS,12R,12aS,12bS)-3-[(cyclopropylcarbonyl)oxy]-
1,3,4,4a,5,6,6a,12,12a,12b-decahydro-6,12-dihydroxy-4,6a,12b-trimethyl-
11-oxo-9-(3-pyridinyl)-2H,11H-naphtho[2,1-b]pyrano[3,4-e]pyran-4-
yl]methyl cyclopropanecarboxylate in or on strawberry at 0.15 ppm and 
vegetable, fruiting, group 8-10 at 0.30 ppm. The BASF Method Number 
D1103/01 ``Technical Procedure: Determination of Residues of BAS 440I 
(Reg. No. 5599022) and its Metabolite M440I007 (Reg. No. 5824749) in 
Plant Matrices using LC/MS/MS to measure and evaluate afidopyropen. 
Contact: RD.
    5. PP 8F8685. EPA-HQ-OPP-2018-0551. FMC Corporation, 2929 Walnut 
Street, Philadelphia, PA 19104, requests to establish a tolerance in 40 
CFR part 180 for residues of the fungicide fluindapyr in or on almond, 
hulls at 15 ppm; aspirated grain fractions at 60 ppm; cattle, fat at 
0.15 ppm; cattle, meat byproducts at 0.6 ppm; field corn, grain at 0.01 
ppm; field corn, oil at 0.03 ppm; fruit, small vine-climbing except 
fuzzy kiwifruit, crop subgroup 13-07f at 3 ppm; grain, cereal, crop 
group 15, except rice and corn at 0.9 ppm; grain, cereal, forage, crop 
group 16, except rice, forage at 15 ppm; grain, cereal, hay, crop group 
16, except rice, hay at 8 ppm; grain, cereal, stover, crop group 16, 
except rice, stover, and sweet corn, stover at 4 ppm grain, cereal, 
straw, crop group 16, except rice, straw at 20 ppm; poultry, meat 
byproducts at 0.03 ppm; soybean, forage at 15 ppm; soybean, hay at 30 
ppm; soybean, hulls at 0.6 ppm; soybean, seed at 0.2 ppm; sweet corn, 
K+CWHR at 0.01 ppm; sweet corn, stover at 20 ppm; swine, meat 
byproducts at 0.02 ppm; and tree nuts, crop group 14-12 at 0.04 ppm. 
The liquid chromatography with mass spectrometry (LC-MS/MS) is used to 
measure and evaluate the chemical fluindapyr. Contact: RD.
    6. PP 8F8740. (EPA-HQ-OPP-2019-0092). Taminco US LLC, a subsidiary 
of Eastman Chemical Company, Two Windsor Plaza, Suite 400, 7540 Windsor 
Drive, Allentown, PA 18195, requests to establish a tolerance in 40 CFR 
part 180 for residues of the plant growth regulatory, chlormequat 
chloride, in or on barley grain at 5.0 ppm; oat grain at 30 ppm, wheat 
and triticale grain at 3 ppm, meat of cattle, goats, hogs and sheep at 
0.2 ppm, meat byproducts of cattle, goats, hogs and sheep at 0.5 ppm, 
poultry meat at 0.04 ppm, poultry byproducts at 0.1 ppm, eggs at 0.1 
ppm and milk at 0.5 ppm. Validated LC-MS/MS methods are available for 
enforcement purposes for determination of residues of chlormequat 
chloride in plants and animal products. Contact: RD.

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

    Dated: April 23, 2019.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2019-09491 Filed 5-8-19; 8:45 am]
BILLING CODE 6560-50-P


