80 FR 28925 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 97 (May 20, 2015)

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.

[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Proposed Rules]
[Pages 28925-28928]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12238]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2015-0032; FRL-9927-39]


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 19, 2015.

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: Susan Lewis, Registration Division 
(RD) (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:
     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 and/or part 180 for residues of 
pesticide chemicals in or on various food commodities. The Agency is 
taking

[[Page 28926]]

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.

New Tolerances

    1. PP 4F8339. (EPA-HQ-OPP-2015-0215). Monsanto Company, 1300 I 
Street NW., Suite 450 East, Washington, DC 20005, requests to establish 
a tolerance in 40 CFR part 180 for residues of the sum of the 
nematicide, tioxazafen (MON 102100) (3-phenyl-5-(2-thienyl)-1,2,4-
oxadiazole) and its metabolite, benzamidine (benzenecarboximidamide) in 
or on the following raw agricultural and processed commodities: Corn, 
field, forage at 0.01 parts per million (ppm); Corn, field, grain at 
0.01 ppm; Corn, field, stover at 0.02 ppm; Cotton, gin byproducts at 
0.02 ppm; Cotton, undelinted seed at 0.01 ppm; Soybean, forage at 0.15 
ppm; Soybean, hay at 0.3 ppm; Soybean, meal at 0.05 ppm; Soybean, seed 
at 0.04 ppm; and in or on the following food commodities: Cattle, fat 
at 0.01 ppm; Cattle, meat at 0.01 ppm; Cattle, meat byproducts at 0.01 
ppm; Goat, fat at 0.01 ppm; Goat, meat at 0.01 ppm; Goat, meat 
byproducts at 0.01 ppm; Horse, fat at 0.01 ppm; Horse, meat at 0.01 
ppm; Horse, meat byproducts at 0.01 ppm; Milk at 0.01 ppm; Sheep, fat 
at 0.01 ppm; Sheep, meat at 0.01 ppm; and Sheep, meat byproducts at 
0.01 ppm. The Monsanto Company has submitted an independently validated 
analytical method for the residue analysis of parent tioxazafen and its 
metabolite, benzamidine, in crop and processed commodities for corn, 
cotton, and soybean. Additionally, an independently validated method 
has been used in cattle and hen feeding studies for the analysis of 
residues in the food commodities animal meat, fat, liver, kidney, 
cream, and milk, and poultry meat, fat, liver, and eggs, and is 
proposed for enforcement of requested tolerances in animal food 
commodities. Contact: RD.
    2. PP 4E8334. (EPA-HQ-OPP-2015-0035). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W, Princeton, 
NJ 08540, requests to establish a tolerance in 40 CFR part 180 for 
residues of the herbicide clethodim, including its metabolites and 
degradates, determined by measuring only the sum of clethodim, 2-[(1E)-
1-[[[(2E)-3-chloro-2-propenyl]oxy]imino]propyl]-5-[2-
(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-one, and its metabolites 
containing the 5-(2-ethylthiopropyl)cyclohexene-3-one and 5-(2-
ethylthiopropyl)-5-hydroxycyclohexene-3-one moieties and their 
sulphoxides and sulphones, calculated as the stoichiometric equivalent 
of clethodim, in or on the raw agricultural commodities: Onion, bulb 
subgroup 3-07A at 0.2 parts per million (ppm), Vegetable, fruiting 
group 08-10 at 1.0 ppm, Fruit, pome group 11-10 at 0.2 ppm, Fruit, 
stone group 12-12 at 0.2 ppm, Berry, low growing, subgroup 13-07G, 
except cranberry at 3.0 ppm, Rapeseed subgroup 20A, except flax at 0.5 
ppm, Sunflower subgroup 20B at 5.0 ppm, Cottonseed subgroup 20C at 1.0 
ppm and Stevia at 12 ppm. Analytical methodology has been developed and 
validated for enforcement purposes. The limit of quantitation (LOQ) of 
clethodim in the method(s) is 0.2 ppm, which will allow monitoring of 
food with residues at the levels proposed for the tolerances. Contact: 
RD.
    3. PP 5E8349. (EPA-HQ-OPP-2015-0197). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W, Princeton, 
NJ 08540, requests to establish a tolerance in 40 CFR part 180 for 
residues of the fungicide fluazinam (3-chloro-N-[3-chloro-2,6-dinitro-
4-(trifluoromethyl)phenyl]-5-(trifluoromethyl)-2-pyridinamine), 
including its metabolites and degradates in or on mayhaw at 2.0 parts 
per million (ppm); cabbage at 3.0 ppm; the squash/cucumber subgroup 9B 
at 0.05 ppm; and vegetable, tuberous and corm, subgroup 1C at 0.02 ppm. 
An analytical method using LC-MS/MS for the determination of fluazinam 
and AMGT residues on cabbage, squash and cucumbers has been developed 
and validated. Contact: RD.
    4. PP 5F8352. (EPA-HQ-OPP-2015-0263). ISK Biosciences Corporation, 
7470 Auburn Road, Suite A, Concord, Ohio 44077, requests to establish a 
tolerance in 40 CFR part 180.601 for residues of the fungicide, 
cyazofamid, in or on Bulb Vegetables (Crop Group 3-07) at 2.0 parts per 
million (ppm). The residues are extracted with acetonitrile. After 
shaking and centrifugation, the extracts are diluted 4 fold with a 50% 
acetonitrile/water and filtered through a PTFE filter. The filtrate is 
diluted 5 fold with 50/50 acetonitrile/water. LC/MS/MS is used to 
measure and evaluate the chemicals cyazofamid and CCIM. Contact: RD.
    5. PP 5E8350. (EPA-HQ-OPP-2015-0263). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W, Princeton, 
NJ 08540, requests to establish a tolerance in 40 CFR part 180 for 
residues of the fungicide cyazofamid, 4-chloro-2-cyano-N,N-dimethyl-5-
(4-methylphenyl)-1H-imidazole-1-sulfonamide and its metabolite 4-
chloro-5-(4-methylphenyl)-1H-imidazole-2-carbonitrile, calculated as 
the stoichiometric equivalent of cyazofamid in or on the following raw 
agricultural commodity: Herb subgroup 19A at 90 parts per million 
(ppm). Analytical methodology has been developed and validated for 
enforcement purposes. Contact: RD.
    6. PP 4E8337. (EPA-HQ-OPP-2015-0030). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W, Princeton, 
NJ 08540, requests to establish a tolerance in 40 CFR part 180 for 
residues of carfentrazone-ethyl (ethyl-alpha-2-dichloro-5-[4-
(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4-
fluorobenzene-propanoate) and the metabolite carfentrazone-ethyl 
chloropropionic acid ([alpha],2-dichloro-5-[4-(difluoromethyl)-4,5-
dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4-fluorobenzenepropanoic 
acid)] in or on the raw agricultural commodity artichoke at 0.1 parts 
per million (ppm); asparagus at 0.25 ppm; peppermint, tops at 0.25 ppm; 
spearmint, tops at 0.25 ppm; teff, grain at 0.25 ppm; teff, forage at 
1.00 ppm; teff, hay at 0.30 ppm; teff, straw at 0.10 ppm; vegetable, 
bulb, group 3-07 at 0.10 ppm; vegetable, fruiting, group 8-10 at 0.10 
ppm; fruit, citrus, group 10-10 at 0.10 ppm; fruit, pome, group 11-10 
at

[[Page 28927]]

0.10 ppm; fruit, stone, group 12-12 at 0.10 ppm; caneberry subgroup 13-
07A at 0.10 ppm; bushberry subgroup 13-07B at 0.10 ppm; fruit, small 
vine climbing, subgroup 13-07F, except fuzzy kiwi fruit at 0.10 ppm; 
berry, low growing, subgroup 13-07G at 0.10 ppm; nut, tree, group 14-12 
at 0.10 ppm; oilseed group 20 at 0.20 ppm; grain, cereal forage group 
16 at 1.0 ppm; grain, cereal, hay, group 16 at 0.30 ppm; grain cereal, 
stover, group 16 at 0.80 ppm; and grain, cereal, straw, group 16 at 3.0 
ppm. There is a practical analytical method for detecting and measuring 
levels of carfentrazone-ethyl and its metabolite in or on food with a 
limit of quantitation that allows monitoring of food with residues at 
or above the levels set or proposed in the tolerances. Contact: RD.
    7. PP 4F8291. (EPA-HQ-OPP-2015-0012). Bayer CropScience, 2 T.W. 
Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709, 
requests to establish a tolerance in 40 CFR part 180 for residues of 
the fungicide, pyrimethanil, in or on caneberry (subgroup 13-07A) at 
15.0 parts per million (ppm) and bushberry (subgroup 13-07B) at 8.0 
ppm. The HPLC/MS/MS is used to measure and evaluate the chemical 
pyrimethanil. Contact: RD.

Amended Tolerances

    1. PP 5E8349. (EPA-HQ-OPP-2015-0197). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W, Princeton, 
New Jersey 08540, requests to amend the tolerances in 40 CFR 180.574 
for residues of the fungicide fluazinam (3-chloro-N-[3-chloro-2,6-
dinitro-4-(trifluoromethyl)phenyl]-5-(trifluoromethyl)-2-pyridinamine), 
including its metabolites and degradates, in or on the vegetable, 
brassica leafy, group 5 at 0.01 by changing it to read ``vegetable, 
brassica leafy, group 5, except cabbage'' at 0.01 ppm and by removing 
the existing tolerance on potato at 0.02 ppm upon approval of the 
requested tolerance on the tuberous and corm subgroup 1C. An analytical 
method using LC-MS/MS for the determination of fluazinam and AMGT 
residues on cabbage, squash and cucumbers has been developed and 
validated. Contact: RD.
    2. PP 4E8334. (EPA-HQ-OPP-2015-0035). IR-4, 500 College Road East, 
Suite 201W, Princeton, NJ 08540, requests to remove the existing 
tolerances in 40 CFR part 180.458 for residues of the herbicide 
clethodim, including its metabolites and degradates, determined by 
measuring only the sum of clethodim, 2-[(1E)-1-[[[(2E)-3-chloro-2-
propenyl]oxy]imino]propyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-
cyclohexen-1-one, and its metabolites containing the 5-(2-
ethylthiopropyl)cyclohexene-3-one and 5-(2-ethylthiopropyl)-5-
hydroxycyclohexene-3-one moieties and their sulphoxides and sulphones, 
calculated as the stoichiometric equivalent of clethodim, in or on the 
raw agricultural commodities: Canola seed, at 0.5 ppm, cotton, 
undelinted seed at 1.0 ppm, peach at 0.2 ppm, onion, bulb at 0.2 ppm, 
strawberry at 3.0 ppm, and sunflower, seed at 5.0 ppm, upon 
establishment of the aforementioned tolerances under ``New Tolerances'' 
above for this petition. Analytical methodology has been developed and 
validated for enforcement purposes. The limit of quantitation (LOQ) of 
clethodim in the method(s) is 0.2 ppm, which will allow monitoring of 
food with residues at the levels proposed for the tolerances. Contact: 
RD.
    3. PP 5E8350. (EPA-HQ-OPP-2015-0263). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W, Princeton, 
NJ 08540, requests to remove the existing tolerances 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 and its 
metabolite 4-chloro-5-(4-methylphenyl)-1H-imidazole-2-carbonitrile 
(CA), calculated as the stoichiometric equivalent of cyazofamid in or 
on basil, dried leaves at 90 parts per million (ppm); and basil, fresh 
leaves at 30 ppm, upon approval of the aforementioned tolerance on herb 
subgroup 19A. Analytical methodology has been developed and validated 
for enforcement purposes. Contact: RD.
    4. PP 4E8337. (EPA-HQ-OPP-2015-0030). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W, Princeton, 
NJ 08540, requests to amend the tolerances in 40 CFR 180.515 for 
residues of carfentrazone-ethyl (ethyl-alpha-2-dichloro-5-[4-
(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4-
fluorobenzene-propanoate) and the metabolite carfentrazone-ethyl 
chloropropionic acid ([alpha],2-dichloro-5-[4-(difluoromethyl)-4,5-
dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4-fluorobenzenepropanoic 
acid)] as follows: (1) To modify the existing tolerance for banana from 
0.20 ppm to 0.10 ppm and (2) to remove the following established 
tolerances: Vegetable, bulb group 3 at 0.10 ppm; vegetable, fruiting, 
group 8 at 0.10 ppm; fruit, citrus, group 10 at 0.10 ppm; fruit, pome, 
group 11 at 0.10 ppm; fruit, stone, group 12 at 0.10 ppm; berry group 
13 at 0.10 ppm; borage at 0.10 ppm; grape at 0.10 ppm; caneberry 
subgroup 13A at 0.10 ppm; nut, tree group 14 at 0.10 ppm; pistachio at 
0.10 ppm; pummelo at 0.10 ppm; kiwi fruit at 0.10 ppm; canola at 0.10 
ppm; cotton, undelinted seed at 0.20 ppm; crambe, seed at 0.10 ppm; 
flax, seed at 0.10 ppm; rapeseed, seed at 0.10 ppm; okra at 0.10 ppm; 
safflower seed at 0.10 ppm; salal at 0.10 ppm; sunflower seed at 0.10 
ppm; strawberry at 0.10 ppm; juneberry at 0.10 ppm; lingonberry at 0.10 
ppm; mustard, seed at 0.10 ppm; barley bran at 0.80 ppm; barley, flour 
at 0.80 ppm; corn, field, forage at 0.20 ppm; corn, sweet, forage at 
0.20 ppm, corn, sweet, kernel plus cob with husk removed at 0.10 ppm; 
grain, cereal, forage, fodder and straw group 16, except corn and 
sorghum; forage at 1.0 ppm; grain, cereal, forage, fodder and straw, 
group 16, hay at 0.30 ppm; grain, cereal, forage, fodder and straw, 
group 16, stover at 0.30 ppm; grain, cereal, forage, fodder and straw, 
group 16, except rice; straw at 0.10 ppm; grain, cereal, group 15 at 
0.10 ppm; grain, cereal, stover at 0.80 ppm; grain, cereal, straw at 
3.0 ppm; millet, flour at 0.80 ppm; oat, flour at 0.80 ppm; rice, straw 
at 1.0 ppm; rye, bran at 0.80 ppm; rye, flour at 0.80 ppm; sorghum, 
forage at 0.20 ppm; sorghum, sweet at 0.10 ppm; wheat, bran at 0.80 
ppm; wheat, flour at 0.80 ppm; wheat, germ at 0.80 ppm; wheat, 
middlings at 0.80 ppm; and wheat, shorts at 0.80 ppm. There is a 
practical analytical method for detecting and measuring levels of 
carfentrazone-ethyl and its metabolite in or on food with a limit of 
quantitation that allows monitoring of food with residues at or above 
the levels set or proposed in the tolerances. Contact: RD.

New Tolerance Exemptions

    1. PP IN-10753. (EPA-HQ-OPP-2015-0214). Drexel Chemical Company, 
P.O. Box 13327, Memphis, TN 38113-0327, requests to establish an 
exemption from the requirement of a tolerance for residues of 
tetraethylene glycol (CAS Reg. No. 112-60-7) when used as an inert 
ingredient in pesticide formulations applied to growing crops only 
under 40 CFR 180.920. 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-10759. (EPA-HQ-OPP-2015-0232). Cytec Industries Inc., 5 
Garret Mountain Plaza Woodland Park, NJ 07424, requests to establish an 
exemption from the requirement of a tolerance for residues of poly(oxy-
1,2-

[[Page 28928]]

ethanediyl), [alpha]-(3-carboxy-1-oxosulfopropyl)-[omega]-hydroxy, 
alkyl ethers, disodium salts (CAS Reg. Nos. 68815-56-5, 68954-91-6, 
1013906-64-3, 1024612-24-5), when used as an inert ingredient in 
pesticide formulations applied to growing crops and raw agricultural 
commodities 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-10760. (EPA-HQ-OPP-2015-0213). Cytec Industries, Inc., 5 
Garret Mountain Plaza, Woodland Park, NJ 07424, requests to establish 
an exemption from the requirement of a tolerance for residues of 
butanedioic acid, 2-sulfo-, C-C9-11-isoalkyl esters, C10-rich, disodium 
salts (CAS. Reg. No. 815583-91-6), when used as an inert ingredient in 
pesticide formulations applied to growing crops and raw agricultural 
commodities 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.
    4. PP IN-10792. (EPA-HQ-OPP-2015-0249). Clariant Corporation, 4000 
Monroe Road, Charlotte, NC 28205, requests to establish an exemption 
from the requirement of a tolerance for residues, D-Glucitol, 1-deoxy-
1-(methylamino)-, N-C8-10 acyl derivs. (CAS Reg. No. 1591782-62-5), 
when used as an inert ingredient in pesticide formulations applied to 
growing crops only under 40 CFR 180.920. The petitioner believes no 
analytical method is needed because it is not required for an exemption 
from the requirement of a tolerance. Contact: RD.

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

    Dated: May 8, 2015.
G. Jeffrey Herndon,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-12238 Filed 5-19-15; 8:45 am]
 BILLING CODE 6560-50-P