80 FR 63731 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 203 (October 21, 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 203 (Wednesday, October 21, 2015)]
[Proposed Rules]
[Pages 63731-63734]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26779]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0032; FRL-9935-29]


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 November 20, 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

[[Page 63732]]

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 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 4E8300. (EPA-HQ-OPP-2015-0685). Tea Association of the 
U.S.A., Inc., 362 5th Avenue, Suite 801, New York, New York 10001, 
requests to establish a tolerance in 40 CFR part 180 for residues of 
the fungicide propiconazole in or on tea at 4 parts per million (ppm). 
The HPLC/UV Method AG-671A is used to measure and evaluate the chemical 
propiconazole. Contact: RD.
    2. PP 4E8319. (EPA-HQ-OPP-2014-0822). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W., 
Princeton, NJ 08540, requests to establish tolerances for residues of 
azoxystrobin (methyl (E)-2-{2-[6-(2-cyanophenoxy)pyrimidin-4-
yloxy]phenyl{time} -3-methoxyacrylate) and the Z isomer of 
azoxystrobin, (methyl (Z)-2-{2-[6-(2- cyanophenoxy)pyrimidin-4-
yloxy]pheny1{time} -3-methoxyacrylate) in or on the raw agricultural 
commodities Ti palm, leaves at 50 part per million (ppm); Ti palm, 
roots at 0.5 ppm; Fruit, stone, group 12-12 at 2.0 ppm; Nut, tree, 
group 14-12 at 0.02 ppm; and Quinoa, grain at 3.0 ppm. An adequate 
analytical method, gas chromatography with nitrogen-phosphorus 
detection (GC-NPD) or in mobile phase by high performance liquid 
chromatography with ultra-violet detection (HPLC-UV), is available for 
enforcement purposes with a limit of detection that allows monitoring 
of food with residues at or above the levels set in these tolerances. 
Contact: RD.
    3. PP 4E8321 (EPA-HQ-OPP-2014-0788). IR-4 Project Headquarters, 
Rutgers, The State University of New Jersey, 500 College Road East, 
Suite 201 W., Princeton, NJ 08540, requests to establish tolerances in 
40 CFR 180.434 for residues of the fungicide, propiconazole, 1-[[2-
(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] methyl]-1H11,2,4-
triazole and its metabolites determined as 2,4-dichlorobenzoic acid 
(2,41DCBA), expressed as the stoichiometric equivalent of 
propiconazole, in or on the raw agricultural commodities: Dill, fresh 
at 30 ppm; dill, dried at 80 ppm; dill, seed at 15 ppm; leafy Brassica 
greens, subgroup 5B at 20 ppm; quinoa, grain, at 3.0 ppm; radish, tops 
at 0.2 ppm; radish, roots at 0.04 ppm; Ti palm, leaves at 10 ppm; Ti 
palm, roots at 0.3 ppm, watercress at 6 ppm, fruit, stone, group 12-12, 
except plum at 4 ppm and nut, tree, group 14-12 at 0.1 ppm. Analytical 
methods AG-626 and AG-454A were developed for the determination of 
residues of propiconazole and its metabolites containing the DCBA 
moiety. Analytical method AG-626 has been accepted and published by EPA 
as the tolerance enforcement method for crops. The limit of 
quantitation (LOQ) for the method is 0.05 ppm. Contact: RD.
    4. PP 4E8337. (EPA-HQ-OPP-2015-0030). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W., 
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 quinoa, grain at 0.10 
ppm and psyllium, seed at 0.10 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.
    5. PP 5E8382. (EPA-HQ-OPP-2015-0559). Interregional Research 
Project Number 4 (IR-4), requests to establish a tolerance in 40 CFR 
part 180 for residues of the fungicide penflufen, (1H-Pyrazole-4-
carboxamide, N-[2-(1,3-dimethylbutyl)phenyl]-5-fluoro-1,3-dimethyl-) in 
or on Onion, bulb, subgroup 3-07A at 0.01 parts per million (ppm); and 
Onion, green, subgroup 3-07B at 0.015 ppm. The high performance liquid 
chromatography-electrospray ionization/tandem mass spectrometry (LC/MS/
MS) is used to measure and evaluate the chemical penflufen. Contact: 
RD.
    6. PP 5E8384. (EPA-HQ-OPP-2015-0569). Interregional Research 
Project

[[Page 63733]]

Number 4 (IR-4), 500 College Road East, Suite 201 W., Princeton, NJ 
08540, requests to establish a tolerance in 40 CFR part 180 for 
residues of fluensulfone equivalents (i.e., the sum of thiazole 
sulfonic acid (TSA) and butene sulfonic acid (BSA) expressed as total 
fluensulfone equivalents) in or on the raw agricultural commodity 
Vegetable, tuberous and corm, subgroup 1C at 0.6 ppm. Adequate 
analytical methods for determining fluensulfone in/on appropriate raw 
agricultural commodities and processed commodities have been developed 
and validated, including LC-MS/MS methods. The analytical procedures 
have been successfully validated in terms of specificity, linearity, 
precision, accuracy and LOQ. Contact: RD.
    7. PP 5E8395. (EPA-HQ-OPP-2015-0629). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W., 
Princeton, NJ 08540, requests to establish a tolerance in 40 CFR part 
180 for residues of fomesafen, 5-[2-cloro-4-(trifluoromethyl)phenoxy]-
N-(methylsulfonyl)-2-nitrobenzamide in or on the raw agricultural 
commodities Vegetable, tuberous and corm, subgroup 1C at 0.025 parts 
per million (ppm), Berry, low growing subgroup 13-07G, except cranberry 
at 0.02 ppm, and Vegetable, legume group 6 at 0.05 ppm. An analytical 
method using chemical derivatization followed by gas chromatography 
with Nitrogen-Phosphorus detection (NPD) has been developed and 
validated for residues of fomesafen in snap/dry beans, cotton seed and 
cotton gin byproducts, as well as for other crops. Contact: RD.
    8. PP 5F8358. (EPA-HQ-OPP-2015-0646). Syngenta Crop Protection, 
LLC, P.O. Box 18300, Greensboro, NC 27419-8300, requests to establish a 
tolerance in 40 CFR part 180 for residues of the fungicide cyprodinil, 
4-cyclopropyl-6-methyl-N-phenyl-2-pyrimidinamine, in or on vegetable, 
tuberous and corm, subgroup 1C at 0.01 parts per million (ppm) and 
potato, wet peel at 0.03 ppm. The High Performance Liquid 
Chromatography (HPLC) with Column Switching (Method AG-631B), and High 
Performance Liquid with Mass Spectrometry (HPLC/MS) methods were used 
to measure and evaluate the chemical cyprodinil and its metabolite CGA-
304075. Contact: RD.

Amended Tolerances

    1. PP 4E8319. (EPA-HQ-OPP-2014-0822). Interregional Research 
Project Number 4 (IR-4), IR-4 Project, 500 College Road East, Suite 
201W., Princeton, NJ 08540, requests to amend the tolerances in 40 CFR 
180.507 for residues of azoxystrobin: (methyl (E)-2-{2-[6-(2-
cyanophenoxy)pyrimidin-4-yloxy]phenyl{time} - 3-methoxyacrylate) and 
the Z isomer of azoxystrobin, (methyl (Z)-2-{2-[6-(2- 
cyanophenoxy)pyrimidin-4-yloxy]pheny1{time} -3-methoxyacrylate) by 
removing the tolerances in or on the raw agricultural commodities 
Fruit, stone, group 12 at 1.5 ppm; and Nut, tree, group 14 at 0.02 ppm. 
An adequate analytical method, gas chromatography with nitrogen-
phosphorus detection (GC-NPD) or in mobile phase by high performance 
liquid chromatography with ultra-violet detection (HPLC-UV), is 
available for enforcement purposes with a limit of detection that 
allows monitoring of food with residues at or above the levels set in 
these tolerances. Contact: RD.
    2. PP 4E8321 (EPA-HQ-OPP-2014-0788). IR-4 Project Headquarters, 
Rutgers, The State University of New Jersey, 500 College Road East, 
Suite 201 W., Princeton, NJ 08540, requests upon establishment of new 
propiconazole tolerances above, removing tolerances in 40 CFR 180.434 
for residues of the fungicide, propiconazole, 1-[[2-(2,4-
dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] methyl]-1H-1,2,4-triazole 
and its metabolites determined as 2,4-dichlorobenzoic acid (2,4-DCBA), 
expressed as the stoichiometric equivalent of propiconazole, in or on 
fruit, stone, group 12 except plum at 4.0 ppm and nut, tree, group 14 
at 0.1 ppm to eliminate redundancies. Analytical methods AG-626 and AG-
454A were developed for the determination of residues of propiconazole 
and its metabolites containing the DCBA moiety. Analytical method AG-
626 has been accepted and published by EPA as the tolerance enforcement 
method for crops. The limit of quantitation (LOQ) for the method is 
0.05 ppm. Contact: RD.
    3. PP 5E8395. (EPA-HQ-OPP-2015-0629). Interregional Research 
Project Number 4 (IR-4), IR-4 Project, 500 College Road East, Suite 201 
W., Princeton, NJ 08540, requests to amend the tolerances in 40 CFR 
180.433 for residues of fomesafen, 5-[2-cloro-4-
(trifluoromethyl)phenoxy]-N-(methylsulfonyl)-2-nitrobenzamide by 
removing the tolerances on the raw agricultural commodities Bean, dry 
at 0.05 ppm; Bean, snap, succulent at 0.05 ppm; Bean Lima, succulent at 
0.05 ppm; Pea, succulent at 0.025 ppm; Potato at 0.025 ppm; Soybean at 
0.05 ppm; and Soybean, vegetable succulent at 0.05 ppm. An analytical 
method using chemical derivatization followed by gas chromatography 
with Nitrogen-Phosphorus detection (NPD) has been developed and 
validated for residues of fomesafen in snap/dry beans, cotton seed and 
cotton gin byproducts, as well as for other crops. Contact: RD.
    4. PP 5F8369. (EPA-HQ-OPP-2015-0561). ISK Biosciences Corporation, 
7470 Auburn Road, Suite A, Concord, Ohio 44077, requests to amend the 
tolerances in 40 CFR 180.613 for residues of the insecticide flonicamid 
[(N-(cyanomethyl)-4-trifluoromethyl)-3-pyridinecarboxamide) or (N-
cyanomethyl-4-trifluoromethylnicotinamide (IUPAC))], including its 
metabolites, TFNA [4-trifluoromethylnicotinic acid], TFNA-AM [4-
trifluoromethylnicotinamide], and TFNG [N-(4-
trifluoromethylnicotinoyl)], in or on the raw agricultural commodity 
Crop Group 14-12, Tree Nuts from 0.15 ppm to 0.3 ppm and the existing 
tolerance in or on the raw agricultural commodity hops from 7.0 ppm to 
30 ppm. An analytical method using LC-MS/MS has been developed to 
determine the residues of flonicamid and its metabolites, TFNA, TFNA-
AM, and TFNG on tree nuts and hops. Contact: RD.
    5. PP 5F8374. (EPA-HQ-OPP-2015-0560). Syngenta Crop Protection, 
LLC, P.O. Box 18300, Greensboro, NC 27419-8300, requests to amend 40 
CFR part 180.682 for residues of the herbicide, Bicyclopyrone: 4-
hydroxy-3-{2-[(2-methoxyethoxy) methyl{time} -6-(trifluoromethyl)-3-
pyridylcarbonyl{time}  bicyclo oct-3-en-2-one, in or on the raw 
agricultural commodities: Wheat, forage at 0.50 parts per million 
(ppm); wheat, grain, at 0.04 ppm; wheat, hay at 0.9 ppm; wheat, straw 
at 0.50 ppm; wheat, bran at 0.15 ppm; wheat, germ at 0.10 ppm; wheat, 
aspirated grain fractions at 0.50 ppm; barley, grain, at 0.07 ppm, 
barley, hay at 0.3 ppm; barley, straw at 0.50 ppm; barley, bran at 0.15 
ppm; and barley, germ at 0.10 ppm. Adequate analytical methodology is 
available for data collection enforcement of bicyclopyrone residues. 
Analytical methods GRM030.05A and GRM030.08A have also undergone 
independent laboratory validation (ILV) to demonstrate the suitability 
of the methods for the monitoring of residues of bicyclopyrone in crops 
and animal tissues. All study methods and validation reports have been 
found acceptable by the EPA. Contact: RD.

 New Tolerance Exemptions

    1. PP IN-10836. (EPA-HQ-OPP-2015-0630). Spring Trading Company, 203 
Dogwood Trail, Magnolia, Texas 77354-5201, on behalf of Lamberti USA, 
Inc., 14622 Exxon Road, Conroe, Texas 77302, requests to establish an 
exemption from the requirement of a tolerance for residues of 2-
propenoic

[[Page 63734]]

acid, homopolymer, ester with [alpha]-[2,4,6-tris(1-
phenylethyl)phenyl]-[omega]-hydroxypoly(oxy-1,2- ethanediyl), compd. 
with 2,2',2''-nitrilotris[ethanol] (CAS Reg. No. 1477613-46-9) when 
used as an inert ingredient in pesticide formulations under 40 CFR 
180.960. 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-10838. (EPA-HQ-OPP-2015-0631). Bayer Healthcare, LLC, 
Animal Health Division, P.O. Box 390, Shawnee Mission, KS 66201, 
requests to establish an exemption from the requirement of a tolerance 
for residues of di-n-butyl adipate (CAS Reg. No. 105-99-7) when used as 
an inert ingredient (component of plastic container strips) in 
pesticide formulations applied to the entrance to bee hives to control 
varroa mites 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-10854. (EPA-HQ-OPP-2015-0655). SciReg., Inc., 12733 
Director's Loop, Woodbridge, VA 22192, on behalf of Taminco U.S., Inc., 
Subsidiary of Eastman Chemical Co., Two Windsor Plaza, Suite 400, 7540 
Windsor Drive, Allentown, PA 18195, requests to establish an exemption 
from the requirement of a tolerance for residues of 2-pyrrolidinone, 1-
butyl- (CAS Reg No. 3470-98-2) when used as an inert ingredient in 
pesticide formulations (solvent/co-solvent) in pesticide formulations 
applied to growing crops only under 40 CFR 180.920. The petitioner 
believes no analytical method is needed because the request is for an 
exemption from the requirement of a tolerance. Contact: RD.

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

    Dated: October 14, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-26779 Filed 10-20-15; 8:45 am]
 BILLING CODE 6560-50-P