81_FR_14081 81 FR 14030 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

81 FR 14030 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range14030-14033
FR Document2016-05952

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 81 Issue 51 (Wednesday, March 16, 2016)
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Proposed Rules]
[Pages 14030-14033]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05952]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0032; FRL-9942-86]


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 April 15, 2016.

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), Office of Pesticide Programs, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. Main 
telephone number: (703) 305-7090; email address: [email protected].

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:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]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 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

[[Page 14031]]

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
    PP 5F8351. EPA-HQ-OPP-2015-0478. Makhteshim Agan of North America, 
Inc. (d/b/a ADAMA), 3120 Highwoods Blvd. Suite 100, Raleigh, NC 27604, 
requests to establish a tolerance in 40 CFR part 180 for residues of 
the nematicide fluensulfone, including its metabolites and degradates, 
in or on berry, low growing, subgroup 13-07G at 0.30 parts per million 
(ppm); head and stem brassica subgroup 5A at 1.3 ppm; leafy brassica 
greens subgroup 5B at 13 ppm; leafy vegetables, group 4, except 
brassica vegetables at 2.6 ppm; leaves of root and tuber vegetables, 
group 2 at 20 ppm; radish, oriental at 0.50 ppm; and root vegetables, 
subgroup 1B, except sugar beet and oriental radish at 3.3 ppm. 
Compliance with the tolerance levels is to be determined by measuring 
only 3,4,4-trifluoro-but-3-ene-1-sulfonic acid. The liquid 
chromotography with tandem mass spectrometry (LC-MS/MS) residue 
analytical method is used to measure and evaluate the chemical 
fluensulfone. Contact: RD.
    PP 5F8379. EPA-HQ-OPP-2015-0559. Bayer CropScience, 2 T.W. 
Alexander Drive, Research Triangle Park, NC 27709, requests to 
establish a tolerance in 40 CFR 180.664 for residues of the fungicide 
penflufen, in or on sugarbeet seed treatment at 0.01 parts per million 
(ppm). The LC/MS/MS is used to measure and evaluate the chemical 
penflufen. Contact: RD.
    PP 5E8399. EPA-HQ-OPP-2015-0658. Interregional Research Project 
Number 4 (IR-4), 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 180.568 
for residues of the herbicide, flumioxazin 2-[7-fluoro-3,4-dihydro3-
oxo-4-(2-proponyl)-2H-1,4-benzoxazin-6-yl]-4,5,6,7-tetrahydro-
1Hisoindole-1,3(2H)-dione in or on the raw agricultural commodities: 
Berry, low growing, subgroup 13-07G at 0.07 parts per million (ppm); 
brassica, head and stem, subgroup 5A at 0.02 ppm; caneberry, subgroup 
13-07A at 0.40; citrus oil at 0.1 ppm; clover, forage at 0.02 ppm; 
clover, hay at 0.15 ppm; fruit, citrus group 10-10 at 0.02 ppm; fruit, 
pome group 11-10 at 0.02 ppm; fruit, small vine climbing, except fuzzy 
kiwifruit, subgroup 13-07F at 0.02 ppm; fruit, stone, group 12-12 at 
0.02 ppm; nut, tree group 14-12 at 0.02 ppm; onion, bulb subgroup 3-07A 
at 0.02 ppm and vegetable, fruiting group 8-10 ppm at 0.02 ppm. 
Adequate enforcement methodology (gas chromatography/nitrogen-
phosphorus detection (GC/NPD) method, Valent Method RM30-A-3) is 
available to enforce the tolerance expression. Contact: RD.
    PP 5F8400. EPA-HQ-OPP-2015-0695. Isagro S.P.A. (d/b/a Isagro USA, 
Inc.) 430 Davis Drive, Suite 240, Morrisville, NC 27560, requests to 
establish a tolerance in 40 CFR part 180 for residues of the fungicide 
tetraconazole in or on vegetable, cucurbit group 9 at 0.15 parts per 
million (ppm) and vegetable, fruiting group 8-10 at 0.30 ppm. The 
capillary gas chromatography with electron capture detector (GC/ECD)) 
as well as a QuEChERS multi-residue method (LC/MS-MS detection) is used 
to measure and evaluate the chemical tetraconazole. Contact: RD.
    PP 5F8404. EPA-HQ-OPP-2013-0226. Bayer CropScience LP, 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 insecticide, flupyradifurone, in or on abiu at 0.6 parts per 
million (ppm); akee apple at 0.6 ppm; avocado at 0.6 ppm; bacury at 0.6 
ppm; banana at 0.6 ppm; binjai at 0.6 ppm; caneberry, subgroup 13-07A 
at 5 ppm; canistel at 0.6 ppm; cilantro, fresh leaves at 30 ppm; 
cupuac[uacute] at 0.6 ppm; etambe at 0.6 ppm; jatob[aacute] at 0.6 ppm; 
kava, fresh leaves at 40 ppm; kava, roots at 0.9 ppm; kei apple at 0.6 
ppm; langstat at 0.6 ppm; lanjut at 0.6 ppm; lucuma at 0.6 ppm; mabolo 
at 0.6 ppm; mango at 0.6 ppm; mangosteen at 0.6 ppm; paho at 0.6 ppm; 
papaya at 0.6 ppm; pawpaw, common at 0.6 ppm; pelipisan at 0.6 ppm; 
pequi at 0.6 ppm; pequia at 0.6 ppm; persimmon, american at 0.6 ppm; 
plantain at 0.6 ppm; pomegranate at 0.6 ppm; poshte at 0.6 ppm; quinoa 
at 3 ppm; quandong at 0.6 ppm; sapote at 0.6 ppm; sataw at 0.6 ppm; 
screw-pine at 0.6 ppm; star apple at 0.6 ppm; stone fruit, stone group 
12-12 at 1.5 ppm, tamarind-of-the-Indies at 0.6 ppm; and wild loquat at 
0.6 ppm. High performance liquid chromatography-electrospray 
ionization/tandem mass spectrometry (HPLC/MS/MS) is used to measure and 
evaluate the chemical flupyradifuron. Contact: RD.
    PP 5F8406. EPA-HQ-OPP-2015-0727. Arysta LifeScience North America, 
LLC 15401 Weston Parkway, Suite 150, Cary, North Carolina 27513, 
requests to establish a tolerance in 40 CFR part 180 for residues of 
the fungicide fluoxastrobin in or on avocado at 0.9 parts per million 
(ppm), barley, grain at 0.4 ppm; barley, hay at 15 ppm; barley, straw 
at 15 ppm, rapeseed subgroup 20A at 0.8 ppm, and dried shelled pea and 
bean (except soybean) subgroup 6C at 0.2 ppm. The method comprises 
microwave solvent extraction followed by a solid phase extraction clean 
up and quantification by high performance liquid chromatography with 
tandem mass spectrometric detection (HPLC/MS/MS) is used to measure and 
evaluate the chemical fluoxastrobin. Contact: RD.
    PP 5F8412. EPA-HQ-OPP-2015- 0795. Gowan Company, P.O. Box 5569, 
Yuma, AZ, 85366-5569, requests to establish tolerances in 40 CFR part 
180 for residues of the insecticide, hexythiazox, in or on 
bermudagrass, forage at 40.0 parts per million (ppm); and bermudagrass, 
hay at 70.0 ppm. High performance liquid chromatography (HPLC) method 
using mass spectrometric detection (LC-MS/MS) is proposed for 
enforcement purposes. Contact: RD.
    PP 5F8413. EPA-HQ-OPP-2015- 0797. Gowan Company, P.O. Box 5569, 
Yuma, AZ, 85366-5569, requests to establish tolerances in 40 CFR part 
180 for residues of the insecticide hexythiazox, in or on beet, sugar, 
dried pulp at 0.60 parts per million (ppm); beet, sugar, molasses at 
0.21 ppm; beet, sugar, roots at 0.15 ppm and beet, sugar, tops at 1.5 
ppm. High performance liquid chromatography (HPLC) method using mass 
spectrometric detection (LC-MS/MS) is proposed for enforcement 
purposes. Contact: RD.
    PP 5F8414. EPA-HQ-OPP-2015-0791. Valent U.S.A. Corporation, 1600 
Riviera Avenue, Suite 200, Walnut

[[Page 14032]]

Creek, CA 94596 requests to establish a tolerance in 40 CFR 180.627 for 
residues of the fungicide, fluopicolide in or on potato chips 0.1 at 
parts per million (ppm) and potato flakes at 0.15 ppm. Practical 
analytical methods for detecting and measuring levels of fluopicolide 
and its metabolites have been developed, validated, and submitted for 
all appropriate plant and animal matrices. Contact: RD.
    PP 5F8415. EPA-HQ-OPP-2015-0820. Geo Logic Corporation, P.O. Box 
3091, Tequesta, FL 33409, requests to establish a tolerance in 40 CFR 
180.337 for residues of the bactericide/fungicide oxytetracycline in or 
on fruit, citrus group 10-10 at 0.01 parts per million (ppm). The 
reversed-phase liquid chromatography with detection by MS/MS 
spectrometry (LC-MS/MS) is used to measure and evaluate the chemical 
oxytetracycline. Contact: RD.
    PP 5F8429. EPA-HQ-OPP-2016-0029. Gowan Company, P.O. Box 5569, 
Yuma, AZ 85366-5569, requests to establish a tolerance in 40 CFR part 
180 for residues of the miticide/insecticide fenazaquin, [3-[2-[4-
(1,1,-dimethylethyl) phenyl] ethoxy] quinazoline] in or on the raw 
commodity for nut, tree group 14-12 at 0.02 parts per million (ppm). 
The LC/MS/MS with positive-ion electrospray ionization tandem mass 
spectrometry is used to measure and evaluate the chemical fenazaquin. 
Contact: RD.
    PP 5E8439. EPA-HQ-OPP-2016-0066. Dow AgroSciences, LLC, 9330 
Zionsville Road Indianapolis, IN 46268, requests to establish a 
tolerance in 40 CFR part 180 for residues of the herbicide pyroxsulam, 
in or on the cereal crops: teff at 0.06 parts per million (ppm); teff, 
forage at 0.01 ppm; teff, grain at 0.03 ppm; teff, hay at 0.01 ppm; and 
teff, straw at 0.01 ppm. The Dow AgroSciences Method GRM 04/17 is used 
to measure and evaluate the chemical residues of pyroxsulam in wheat 
commodities. Contact: RD.
    PP 6F8442. EPA-HQ-OPP-2016-0029. Gowan Company, P.O. Box 5569, 
Yuma, AZ 85366-5569, requests to establish a tolerance in 40 CFR part 
180 for residues of the miticide/insecticide fenazaquin, [3-[2-[4-
(1,1,-dimethylethyl) phenyl] ethoxy] quinazoline] in or on the raw 
commodity for hops at 30 parts per million (ppm). The LC/MS/MS with 
positive-ion electrospray ionization tandem mass spectrometry is used 
to measure and evaluate the chemical fenazaquin. Contact: RD.
Amended Tolerances
    PP 5F8351. EPA-HQ-OPP-2015-0478. Makhteshim Agan of North America, 
Inc. (d/b/a ADAMA), 3120 Highwoods Blvd. Suite 100, Raleigh, NC 27604, 
requests to amend 40 CFR 180.680 for residues of the nematicide 
fluensulfone [5-chloro-2-[(3,4,4-trifluoro-3-buten-1-
yl)sulfonyl]thiazole], to revise the existing tolerance expression in 
the introductory paragraph (a) to read ``Tolerances are established for 
residues of the nematicide fluensulfone, including its metabolites and 
degradates, in or on the commodities in the table below. Compliance 
with the tolerance levels specified below is to be determined by 
measuring only 3,4,4-trifluoro-but-3-ene-1-sulfonic acid.'' The LC-MS/
MS residue analytical method is used to measure and evaluate the 
chemical fluensulfone. Contact: RD.
    PP 5F8396. EPA-HQ-OPP-2015- 0796. Gowan Company, P.O. Box 5569, 
Yuma, AZ, 85366, requests to amend the tolerance(s) in 40 CFR 180.448 
for residues of the insecticide hexythiazox in or on alfalfa, forage 
from 15 parts per million (ppm) to 20 ppm; and alfalfa, hay from 30 ppm 
to 60 ppm. High performance liquid chromatography (HPLC) using mass 
spectrometric detection (LC-MS/MS) analytical method is used to measure 
and evaluate residues of hexythiazox and its metabolites containing the 
PT-1-3 moiety. Contact: RD.
    PP 5E8399. EPA-HQ-OPP-2015-0658. IR-4 Project Headquarters, 
Rutgers, The State University of New Jersey, 500 College Road East, 
Suite 201 W, Princeton, NJ 08540, proposes upon establishment of 
tolerances referenced above under ``New Tolerances'' to remove existing 
tolerances in 40 CFR 180.568 for residues of the herbicide, flumioxazin 
2-[7-fluoro-3,4-dihydro3-oxo-4-(2-proponyl)-2H-1,4-benzoxazin-6-yl]-
4,5,6,7-tetrahydro-1Hisoindole-1,3(2H)-dione in or on the raw 
agricultural commodities: Cabbage at 0.02 ppm; cabbage, Chinese, napa 
at 0.02 ppm; fruit, pome group 11 at 0.02 ppm; fruit, stone, group 12 
at 0.02 ppm; garlic at 0.02 ppm; grape at 0.02 ppm; nut, tree group 14 
at 0.02 ppm; okra at 0.02 ppm; onion, bulb at 0.02 ppm; pistachio at 
0.02 ppm; shallot bulb at 0.02 ppm; strawberry at 0.07 ppm and 
vegetable, fruiting group 8 at 0.02 ppm. Adequate enforcement 
methodology (gas chromatography/nitrogen-phosphorus detection (GC/NPD) 
method, Valent Method RM30-A-3) is available to enforce the tolerance 
expression. Contact: RD.
New Tolerance Exemptions
    PP IN-10848. EPA-HQ-OPP-2015-0776. Jeneil Biosurfactant Company, 
400 N. Dekora Woods Blvd. Saukville, WI 53080, requests to establish an 
exemption from the requirement of a tolerance for residues of methyl 
isobutyrate (CAS Reg. No. 547-63-7) when used as an inert ingredient 
(solvent) in pesticide formulations applied to growing crops and raw 
agricultural commodities after 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.
    PP IN-10850. EPA-HQ-OPP-2015-0831. Jeneil Biosurfactant Company, 
400 N. Dekora Woods Blvd. Saukville, WI 53080, requests to establish an 
exemption from the requirement of a tolerance for residues of isobutyl 
isobutyrate (CAS Reg. No. 97-85-8) when used as an inert ingredient 
(solvent) in pesticide formulations applied to growing crops and raw 
agricultural commodies after 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.
    PP IN-10854. EPA-HQ-OPP-2015-0655. SciReg Inc., 12733 Director's 
Loop, Woodbridge, VA 22192, on behalf of Taminco US Inc., a subsidiary 
of Eastman Chemical Company, Two Windsor Plaza, Suite 400, 7450 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 (solvent/
cosolvent) in pesticide formulations applied to growing crops 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.
    PP IN-10889. EPA-HQ-OPP-2015-0858. Baker Petrolite LLC, 12645 West 
Airport Boulevard, Sugar Land, TX 77478, requests to establish an 
exemption from the requirement of a tolerance for residues of alcohols, 
C>14, ethoxylated (CAS Reg. No. 251553-55-6) when used as an inert 
ingredient in pesticide formulations under 40 CFR 180.910, 40 CFR 
180.920, 40 CFR 180.930, 40 CFR 180.940(a) and 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.
    PP IN-10894. EPA-HQ-OPP-2016-0038. Michelman, 9080 Shell Road, 
Cincinnati, OH 45236, requests to establish an exemption from the 
requirement of a tolerance for residues of ethylene acrylic acid 
copolymer with a minimum number average molecular

[[Page 14033]]

weight (in amu) of 5,500 (CAS Reg. No. 9010-77-9) 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.

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

    Dated: March 10, 2016.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-05952 Filed 3-15-16; 8:45 am]
BILLING CODE 6560-50-P



                                                    14030                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

                                                    G. Executive Order 13045: Protection of                 SUMMARY:   This document announces the                particular entity, consult the person
                                                    Children From Environmental Health                      Agency’s receipt of several initial filings           listed under FOR FURTHER INFORMATION
                                                    Risks and Safety Risks                                  of pesticide petitions requesting the                 CONTACT for the division listed at the
                                                      This action is not subject to Executive               establishment or modification of                      end of the pesticide petition summary of
                                                    Order 13045 because it is not                           regulations for residues of pesticide                 interest.
                                                                                                            chemicals in or on various commodities.
                                                    economically significant as defined in                                                                        B. What should I consider as I prepare
                                                    Executive Order 12866, and because                      DATES: Comments must be received on                   my comments for EPA?
                                                    EPA does not believe the environmental                  or before April 15, 2016.
                                                                                                            ADDRESSES: Submit your comments,
                                                                                                                                                                     1. Submitting CBI. Do not submit this
                                                    health or safety risks addressed by this                                                                      information to EPA through
                                                    action present a disproportionate risk to               identified by docket identification (ID)
                                                                                                            number and the pesticide petition                     regulations.gov or email. Clearly mark
                                                    children because it proposes to                                                                               the part or all of the information that
                                                    disapprove a state rule.                                number (PP) of interest as shown in the
                                                                                                            body of this document, by one of the                  you claim to be CBI. For CBI
                                                    H. Executive Order 13211: Actions                       following methods:                                    information in a disk or CD–ROM that
                                                    Concerning Regulations That                               • Federal eRulemaking Portal: http://               you mail to EPA, mark the outside of the
                                                    Significantly Affect Energy Supply,                     www.regulations.gov. Follow the online                disk or CD–ROM as CBI and then
                                                    Distribution or Use                                     instructions for submitting comments.                 identify electronically within the disk or
                                                                                                            Do not submit electronically any                      CD–ROM the specific information that
                                                      This action is not subject to Executive                                                                     is claimed as CBI. In addition to one
                                                    Order 13211, because it is not a                        information you consider to be
                                                                                                            Confidential Business Information (CBI)               complete version of the comment that
                                                    significant regulatory action under                                                                           includes information claimed as CBI, a
                                                    Executive Order 12866.                                  or other information whose disclosure is
                                                                                                            restricted by statute.                                copy of the comment that does not
                                                    I. National Technology Transfer and                       • Mail: OPP Docket, Environmental                   contain the information claimed as CBI
                                                    Advancement Act (NTTAA)                                 Protection Agency Docket Center (EPA/                 must be submitted for inclusion in the
                                                                                                            DC), (28221T), 1200 Pennsylvania Ave.                 public docket. Information so marked
                                                      This rulemaking does not involve                                                                            will not be disclosed except in
                                                    technical standards.                                    NW., Washington, DC 20460–0001.
                                                                                                              • Hand Delivery: To make special                    accordance with procedures set forth in
                                                    J. Executive Order 12898: Federal                       arrangements for hand delivery or                     40 CFR part 2.
                                                    Actions To Address Environmental                        delivery of boxed information, please                    2. Tips for preparing your comments.
                                                    Justice in Minority Populations and                     follow the instructions at http://www.                When preparing and submitting your
                                                    Low-Income Populations                                  epa.gov/dockets/contacts.html.                        comments, see the commenting tips at
                                                                                                            Additional instructions on commenting                 http://www.epa.gov/dockets/
                                                      EPA believes the human health or                                                                            comments.html.
                                                    environmental risk addressed by this                    or visiting the docket, along with more
                                                                                                                                                                     3. Environmental justice. EPA seeks to
                                                    action will not have potential                          information about dockets generally, is
                                                                                                                                                                  achieve environmental justice, the fair
                                                    disproportionately high and adverse                     available at http://www.epa.gov/
                                                                                                                                                                  treatment and meaningful involvement
                                                    human health or environmental effects                   dockets.
                                                                                                                                                                  of any group, including minority and/or
                                                    on minority, low-income or indigenous                   FOR FURTHER INFORMATION CONTACT:                      low-income populations, in the
                                                    populations.                                            Susan Lewis, Registration Division (RD)               development, implementation, and
                                                    List of Subjects in 40 CFR Part 52                      (7505P), Office of Pesticide Programs,                enforcement of environmental laws,
                                                                                                            Environmental Protection Agency, 1200                 regulations, and policies. To help
                                                      Environmental protection, Air                         Pennsylvania Ave. NW., Washington,                    address potential environmental justice
                                                    pollution control, Incorporation by                     DC 20460–0001. Main telephone                         issues, the Agency seeks information on
                                                    reference, Intergovernmental relations,                 number: (703) 305–7090; email address:                any groups or segments of the
                                                    Ozone, Reporting and recordkeeping                      RDFRNotices@epa.gov.                                  population who, as a result of their
                                                    requirements.                                           SUPPLEMENTARY INFORMATION:                            location, cultural practices, or other
                                                      Dated: March 7, 2016.                                                                                       factors, may have atypical or
                                                                                                            I. General Information
                                                    Robert A. Kaplan,                                                                                             disproportionately high and adverse
                                                    Acting Regional Administrator, Region 5.                A. Does this action apply to me?                      human health impacts or environmental
                                                    [FR Doc. 2016–05953 Filed 3–15–16; 8:45 am]                You may be potentially affected by                 effects from exposure to the pesticides
                                                    BILLING CODE 6560–50–P                                  this action if you are an agricultural                discussed in this document, compared
                                                                                                            producer, food manufacturer, or                       to the general population.
                                                                                                            pesticide manufacturer. The following                 II. What action is the agency taking?
                                                    ENVIRONMENTAL PROTECTION                                list of North American Industrial
                                                    AGENCY                                                  Classification System (NAICS) codes is                   EPA is announcing its receipt of
                                                                                                            not intended to be exhaustive, but rather             several pesticide petitions filed under
                                                    40 CFR Part 180                                         provides a guide to help readers                      section 408 of the Federal Food, Drug,
                                                                                                            determine whether this document                       and Cosmetic Act (FFDCA), 21 U.S.C.
                                                    [EPA–HQ–OPP–2015–0032; FRL–9942–86]                                                                           346a, requesting the establishment or
                                                                                                            applies to them. Potentially affected
                                                                                                            entities may include:                                 modification of regulations in 40 CFR
                                                    Receipt of Several Pesticide Petitions                                                                        part 180 for residues of pesticide
                                                                                                               • Crop production (NAICS code 111).
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                                                    Filed for Residues of Pesticide                                                                               chemicals in or on various food
                                                    Chemicals in or on Various                                 • Animal production (NAICS code
                                                                                                            112).                                                 commodities. The Agency is taking
                                                    Commodities
                                                                                                               • Food manufacturing (NAICS code                   public comment on the requests before
                                                    AGENCY:  Environmental Protection                       311).                                                 responding to the petitioners. EPA is not
                                                    Agency (EPA).                                              • Pesticide manufacturing (NAICS                   proposing any particular action at this
                                                                                                            code 32532).                                          time. EPA has determined that the
                                                    ACTION: Notice of filing of petitions and
                                                                                                               If you have any questions regarding                pesticide petitions described in this
                                                    request for comment.
                                                                                                            the applicability of this action to a                 document contain the data or


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                                                                          Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules                                          14031

                                                    information prescribed in FFDCA                            PP 5E8399. EPA–HQ–OPP–2015–                        mangosteen at 0.6 ppm; paho at 0.6
                                                    section 408(d)(2), 21 U.S.C. 346a(d)(2);                0658. Interregional Research Project                  ppm; papaya at 0.6 ppm; pawpaw,
                                                    however, EPA has not fully evaluated                    Number 4 (IR–4), IR–4 Project                         common at 0.6 ppm; pelipisan at 0.6
                                                    the sufficiency of the submitted data at                Headquarters, Rutgers, The State                      ppm; pequi at 0.6 ppm; pequia at 0.6
                                                    this time or whether the data support                   University of New Jersey, 500 College                 ppm; persimmon, american at 0.6 ppm;
                                                    granting of the pesticide petitions. After              Road East, Suite 201 W, Princeton, NJ                 plantain at 0.6 ppm; pomegranate at 0.6
                                                    considering the public comments, EPA                    08540, requests to establish tolerances               ppm; poshte at 0.6 ppm; quinoa at 3
                                                    intends to evaluate whether and what                    in 40 CFR 180.568 for residues of the                 ppm; quandong at 0.6 ppm; sapote at 0.6
                                                    action may be warranted. Additional                     herbicide, flumioxazin 2-[7-fluoro-3,4-               ppm; sataw at 0.6 ppm; screw-pine at
                                                    data may be needed before EPA can                       dihydro3-oxo-4-(2-proponyl)-2H–1,4-                   0.6 ppm; star apple at 0.6 ppm; stone
                                                    make a final determination on these                     benzoxazin-6-yl]-4,5,6,7-tetrahydro-                  fruit, stone group 12–12 at 1.5 ppm,
                                                    pesticide petitions.                                    1Hisoindole-1,3(2H)-dione in or on the                tamarind-of-the-Indies at 0.6 ppm; and
                                                      Pursuant to 40 CFR 180.7(f), a                        raw agricultural commodities: Berry,                  wild loquat at 0.6 ppm. High
                                                    summary of each of the petitions that                   low growing, subgroup 13–07G at 0.07                  performance liquid chromatography-
                                                    are the subject of this document,                       parts per million (ppm); brassica, head               electrospray ionization/tandem mass
                                                    prepared by the petitioner, is included                 and stem, subgroup 5A at 0.02 ppm;                    spectrometry (HPLC/MS/MS) is used to
                                                    in a docket EPA has created for each                    caneberry, subgroup 13–07A at 0.40;                   measure and evaluate the chemical
                                                    rulemaking. The docket for each of the                  citrus oil at 0.1 ppm; clover, forage at              flupyradifuron. Contact: RD.
                                                    petitions is available at http://                       0.02 ppm; clover, hay at 0.15 ppm; fruit,                PP 5F8406. EPA–HQ–OPP–2015–
                                                    www.regulations.gov.                                    citrus group 10–10 at 0.02 ppm; fruit,                0727. Arysta LifeScience North
                                                      As specified in FFDCA section                         pome group 11–10 at 0.02 ppm; fruit,                  America, LLC 15401 Weston Parkway,
                                                    408(d)(3), 21 U.S.C. 346a(d)(3), EPA is                 small vine climbing, except fuzzy                     Suite 150, Cary, North Carolina 27513,
                                                    publishing notice of the petition so that               kiwifruit, subgroup 13–07F at 0.02 ppm;               requests to establish a tolerance in 40
                                                    the public has an opportunity to                        fruit, stone, group 12–12 at 0.02 ppm;                CFR part 180 for residues of the
                                                    comment on this request for the                         nut, tree group 14–12 at 0.02 ppm;                    fungicide fluoxastrobin in or on avocado
                                                    establishment or modification of                        onion, bulb subgroup 3–07A at 0.02                    at 0.9 parts per million (ppm), barley,
                                                    regulations for residues of pesticides in               ppm and vegetable, fruiting group 8–10                grain at 0.4 ppm; barley, hay at 15 ppm;
                                                    or on food commodities. Further                         ppm at 0.02 ppm. Adequate                             barley, straw at 15 ppm, rapeseed
                                                    information on the petition may be                      enforcement methodology (gas                          subgroup 20A at 0.8 ppm, and dried
                                                    obtained through the petition summary                   chromatography/nitrogen-phosphorus                    shelled pea and bean (except soybean)
                                                    referenced in this unit.                                detection (GC/NPD) method, Valent                     subgroup 6C at 0.2 ppm. The method
                                                    New Tolerances                                          Method RM30–A–3) is available to                      comprises microwave solvent extraction
                                                                                                            enforce the tolerance expression.                     followed by a solid phase extraction
                                                       PP 5F8351. EPA–HQ–OPP–2015–                          Contact: RD.                                          clean up and quantification by high
                                                    0478. Makhteshim Agan of North                             PP 5F8400. EPA–HQ–OPP–2015–                        performance liquid chromatography
                                                    America, Inc. (d/b/a ADAMA), 3120                       0695. Isagro S.P.A. (d/b/a Isagro USA,                with tandem mass spectrometric
                                                    Highwoods Blvd. Suite 100, Raleigh, NC                  Inc.) 430 Davis Drive, Suite 240,                     detection (HPLC/MS/MS) is used to
                                                    27604, requests to establish a tolerance                Morrisville, NC 27560, requests to                    measure and evaluate the chemical
                                                    in 40 CFR part 180 for residues of the                  establish a tolerance in 40 CFR part 180              fluoxastrobin. Contact: RD.
                                                    nematicide fluensulfone, including its                  for residues of the fungicide                            PP 5F8412. EPA–HQ–OPP–2015–
                                                    metabolites and degradates, in or on                    tetraconazole in or on vegetable,                     0795. Gowan Company, P.O. Box 5569,
                                                    berry, low growing, subgroup 13–07G at                  cucurbit group 9 at 0.15 parts per                    Yuma, AZ, 85366–5569, requests to
                                                    0.30 parts per million (ppm); head and                  million (ppm) and vegetable, fruiting                 establish tolerances in 40 CFR part 180
                                                    stem brassica subgroup 5A at 1.3 ppm;                   group 8–10 at 0.30 ppm. The capillary                 for residues of the insecticide,
                                                    leafy brassica greens subgroup 5B at 13                 gas chromatography with electron                      hexythiazox, in or on bermudagrass,
                                                    ppm; leafy vegetables, group 4, except                  capture detector (GC/ECD)) as well as a               forage at 40.0 parts per million (ppm);
                                                    brassica vegetables at 2.6 ppm; leaves of               QuEChERS multi-residue method (LC/                    and bermudagrass, hay at 70.0 ppm.
                                                    root and tuber vegetables, group 2 at 20                MS–MS detection) is used to measure                   High performance liquid
                                                    ppm; radish, oriental at 0.50 ppm; and                  and evaluate the chemical tetraconazole.              chromatography (HPLC) method using
                                                    root vegetables, subgroup 1B, except                    Contact: RD.                                          mass spectrometric detection (LC–MS/
                                                    sugar beet and oriental radish at 3.3                      PP 5F8404. EPA–HQ–OPP–2013–                        MS) is proposed for enforcement
                                                    ppm. Compliance with the tolerance                      0226. Bayer CropScience LP, 2 T.W.                    purposes. Contact: RD.
                                                    levels is to be determined by measuring                 Alexander Drive, P.O. Box 12014,                         PP 5F8413. EPA–HQ–OPP–2015–
                                                    only 3,4,4-trifluoro-but-3-ene-1-sulfonic               Research Triangle Park, NC 27709,                     0797. Gowan Company, P.O. Box 5569,
                                                    acid. The liquid chromotography with                    requests to establish a tolerance in 40               Yuma, AZ, 85366–5569, requests to
                                                    tandem mass spectrometry (LC–MS/MS)                     CFR part 180 for residues of the                      establish tolerances in 40 CFR part 180
                                                    residue analytical method is used to                    insecticide, flupyradifurone, in or on                for residues of the insecticide
                                                    measure and evaluate the chemical                       abiu at 0.6 parts per million (ppm); akee             hexythiazox, in or on beet, sugar, dried
                                                    fluensulfone. Contact: RD.                              apple at 0.6 ppm; avocado at 0.6 ppm;                 pulp at 0.60 parts per million (ppm);
                                                       PP 5F8379. EPA–HQ–OPP–2015–                          bacury at 0.6 ppm; banana at 0.6 ppm;                 beet, sugar, molasses at 0.21 ppm; beet,
                                                    0559. Bayer CropScience, 2 T.W.                         binjai at 0.6 ppm; caneberry, subgroup                sugar, roots at 0.15 ppm and beet, sugar,
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                                                    Alexander Drive, Research Triangle                      13–07A at 5 ppm; canistel at 0.6 ppm;                 tops at 1.5 ppm. High performance
                                                    Park, NC 27709, requests to establish a                 cilantro, fresh leaves at 30 ppm;                     liquid chromatography (HPLC) method
                                                    tolerance in 40 CFR 180.664 for residues                cupuacú at 0.6 ppm; etambe at 0.6 ppm;               using mass spectrometric detection (LC–
                                                    of the fungicide penflufen, in or on                    jatobá at 0.6 ppm; kava, fresh leaves at             MS/MS) is proposed for enforcement
                                                    sugarbeet seed treatment at 0.01 parts                  40 ppm; kava, roots at 0.9 ppm; kei                   purposes. Contact: RD.
                                                    per million (ppm). The LC/MS/MS is                      apple at 0.6 ppm; langstat at 0.6 ppm;                   PP 5F8414. EPA–HQ–OPP–2015–
                                                    used to measure and evaluate the                        lanjut at 0.6 ppm; lucuma at 0.6 ppm;                 0791. Valent U.S.A. Corporation, 1600
                                                    chemical penflufen. Contact: RD.                        mabolo at 0.6 ppm; mango at 0.6 ppm;                  Riviera Avenue, Suite 200, Walnut


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                                                    14032                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

                                                    Creek, CA 94596 requests to establish a                 Highwoods Blvd. Suite 100, Raleigh, NC                exemption from the requirement of a
                                                    tolerance in 40 CFR 180.627 for residues                27604, requests to amend 40 CFR                       tolerance for residues of methyl
                                                    of the fungicide, fluopicolide in or on                 180.680 for residues of the nematicide                isobutyrate (CAS Reg. No. 547–63–7)
                                                    potato chips 0.1 at parts per million                   fluensulfone [5-chloro-2-[(3,4,4-                     when used as an inert ingredient
                                                    (ppm) and potato flakes at 0.15 ppm.                    trifluoro-3-buten-1-yl)sulfonyl]thiazole],            (solvent) in pesticide formulations
                                                    Practical analytical methods for                        to revise the existing tolerance                      applied to growing crops and raw
                                                    detecting and measuring levels of                       expression in the introductory                        agricultural commodities after harvest
                                                    fluopicolide and its metabolites have                   paragraph (a) to read ‘‘Tolerances are                under 40 CFR 180.910. The petitioner
                                                    been developed, validated, and                          established for residues of the                       believes no analytical method is needed
                                                    submitted for all appropriate plant and                 nematicide fluensulfone, including its                because it is not required for an
                                                    animal matrices. Contact: RD.                           metabolites and degradates, in or on the              exemption from the requirement of a
                                                       PP 5F8415. EPA–HQ–OPP–2015–                          commodities in the table below.                       tolerance. Contact: RD.
                                                    0820. Geo Logic Corporation, P.O. Box                   Compliance with the tolerance levels                     PP IN-10850. EPA–HQ–OPP–2015–
                                                    3091, Tequesta, FL 33409, requests to                   specified below is to be determined by                0831. Jeneil Biosurfactant Company, 400
                                                    establish a tolerance in 40 CFR 180.337                 measuring only 3,4,4-trifluoro-but-3-                 N. Dekora Woods Blvd. Saukville, WI
                                                    for residues of the bactericide/fungicide               ene-1-sulfonic acid.’’ The LC–MS/MS                   53080, requests to establish an
                                                    oxytetracycline in or on fruit, citrus                  residue analytical method is used to                  exemption from the requirement of a
                                                    group 10–10 at 0.01 parts per million                   measure and evaluate the chemical                     tolerance for residues of isobutyl
                                                    (ppm). The reversed-phase liquid                        fluensulfone. Contact: RD.                            isobutyrate (CAS Reg. No. 97–85–8)
                                                    chromatography with detection by MS/                       PP 5F8396. EPA–HQ–OPP–2015–                        when used as an inert ingredient
                                                    MS spectrometry (LC–MS/MS) is used                      0796. Gowan Company, P.O. Box 5569,                   (solvent) in pesticide formulations
                                                    to measure and evaluate the chemical                    Yuma, AZ, 85366, requests to amend the                applied to growing crops and raw
                                                    oxytetracycline. Contact: RD.                           tolerance(s) in 40 CFR 180.448 for                    agricultural commodies after harvest
                                                       PP 5F8429. EPA–HQ–OPP–2016–                          residues of the insecticide hexythiazox               under 40 CFR 180.910. The petitioner
                                                    0029. Gowan Company, P.O. Box 5569,                     in or on alfalfa, forage from 15 parts per            believes no analytical method is needed
                                                    Yuma, AZ 85366–5569, requests to                        million (ppm) to 20 ppm; and alfalfa,                 because it is not required for an
                                                    establish a tolerance in 40 CFR part 180                hay from 30 ppm to 60 ppm. High                       exemption from the requirement of a
                                                    for residues of the miticide/insecticide                performance liquid chromatography                     tolerance. Contact: RD.
                                                    fenazaquin, [3-[2-[4-(1,1,-dimethylethyl)               (HPLC) using mass spectrometric                          PP IN-10854. EPA–HQ–OPP–2015–
                                                    phenyl] ethoxy] quinazoline] in or on                   detection (LC–MS/MS) analytical                       0655. SciReg Inc., 12733 Director’s
                                                    the raw commodity for nut, tree group                   method is used to measure and evaluate                Loop, Woodbridge, VA 22192, on behalf
                                                    14–12 at 0.02 parts per million (ppm).                  residues of hexythiazox and its                       of Taminco US Inc., a subsidiary of
                                                    The LC/MS/MS with positive-ion                          metabolites containing the PT–1–3                     Eastman Chemical Company, Two
                                                    electrospray ionization tandem mass                     moiety. Contact: RD.                                  Windsor Plaza, Suite 400, 7450 Windsor
                                                    spectrometry is used to measure and                        PP 5E8399. EPA–HQ–OPP–2015–                        Drive, Allentown, PA 18195, requests to
                                                    evaluate the chemical fenazaquin.                       0658. IR–4 Project Headquarters,                      establish an exemption from the
                                                    Contact: RD.                                            Rutgers, The State University of New                  requirement of a tolerance for residues
                                                       PP 5E8439. EPA–HQ–OPP–2016–                          Jersey, 500 College Road East, Suite 201              of 2-pyrrolidinone, 1-butyl- (CAS Reg.
                                                    0066. Dow AgroSciences, LLC, 9330                       W, Princeton, NJ 08540, proposes upon                 No. 3470–98–2) when used as an inert
                                                    Zionsville Road Indianapolis, IN 46268,                 establishment of tolerances referenced                ingredient (solvent/cosolvent) in
                                                    requests to establish a tolerance in 40                 above under ‘‘New Tolerances’’ to                     pesticide formulations applied to
                                                    CFR part 180 for residues of the                        remove existing tolerances in 40 CFR                  growing crops under 40 CFR 180.920.
                                                    herbicide pyroxsulam, in or on the                      180.568 for residues of the herbicide,                The petitioner believes no analytical
                                                    cereal crops: teff at 0.06 parts per                    flumioxazin 2-[7-fluoro-3,4-dihydro3-                 method is needed because it is not
                                                    million (ppm); teff, forage at 0.01 ppm;                oxo-4-(2-proponyl)-2H-1,4-benzoxazin-                 required for an exemption from the
                                                    teff, grain at 0.03 ppm; teff, hay at 0.01              6-yl]-4,5,6,7-tetrahydro-1Hisoindole-                 requirement of a tolerance. Contact: RD.
                                                    ppm; and teff, straw at 0.01 ppm. The                   1,3(2H)-dione in or on the raw                           PP IN-10889. EPA–HQ–OPP–2015–
                                                    Dow AgroSciences Method GRM 04/17                       agricultural commodities: Cabbage at                  0858. Baker Petrolite LLC, 12645 West
                                                    is used to measure and evaluate the                     0.02 ppm; cabbage, Chinese, napa at                   Airport Boulevard, Sugar Land, TX
                                                    chemical residues of pyroxsulam in                      0.02 ppm; fruit, pome group 11 at 0.02                77478, requests to establish an
                                                    wheat commodities. Contact: RD.                         ppm; fruit, stone, group 12 at 0.02 ppm;              exemption from the requirement of a
                                                       PP 6F8442. EPA–HQ–OPP–2016–                          garlic at 0.02 ppm; grape at 0.02 ppm;                tolerance for residues of alcohols, C>14,
                                                    0029. Gowan Company, P.O. Box 5569,                     nut, tree group 14 at 0.02 ppm; okra at               ethoxylated (CAS Reg. No. 251553–55–
                                                    Yuma, AZ 85366–5569, requests to                        0.02 ppm; onion, bulb at 0.02 ppm;                    6) when used as an inert ingredient in
                                                    establish a tolerance in 40 CFR part 180                pistachio at 0.02 ppm; shallot bulb at                pesticide formulations under 40 CFR
                                                    for residues of the miticide/insecticide                0.02 ppm; strawberry at 0.07 ppm and                  180.910, 40 CFR 180.920, 40 CFR
                                                    fenazaquin, [3-[2-[4-(1,1,-dimethylethyl)               vegetable, fruiting group 8 at 0.02 ppm.              180.930, 40 CFR 180.940(a) and 40 CFR
                                                    phenyl] ethoxy] quinazoline] in or on                   Adequate enforcement methodology                      180.960. The petitioner believes no
                                                    the raw commodity for hops at 30 parts                  (gas chromatography/nitrogen-                         analytical method is needed because it
                                                    per million (ppm). The LC/MS/MS with                    phosphorus detection (GC/NPD)                         is not required for an exemption from
                                                                                                                                                                  the requirement of a tolerance. Contact:
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                                                    positive-ion electrospray ionization                    method, Valent Method RM30–A–3) is
                                                    tandem mass spectrometry is used to                     available to enforce the tolerance                    RD.
                                                    measure and evaluate the chemical                       expression. Contact: RD.                                 PP IN-10894. EPA–HQ–OPP–2016–
                                                    fenazaquin. Contact: RD.                                                                                      0038. Michelman, 9080 Shell Road,
                                                                                                            New Tolerance Exemptions                              Cincinnati, OH 45236, requests to
                                                    Amended Tolerances                                        PP IN-10848. EPA–HQ–OPP–2015–                       establish an exemption from the
                                                      PP 5F8351. EPA–HQ–OPP–2015–                           0776. Jeneil Biosurfactant Company, 400               requirement of a tolerance for residues
                                                    0478. Makhteshim Agan of North                          N. Dekora Woods Blvd. Saukville, WI                   of ethylene acrylic acid copolymer with
                                                    America, Inc. (d/b/a ADAMA), 3120                       53080, requests to establish an                       a minimum number average molecular


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                                                                          Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules                                           14033

                                                    weight (in amu) of 5,500 (CAS Reg. No.                  Reduction Act (PRA) information                       have progressed to sending content
                                                    9010–77–9) when used as an inert                        collection requirements contained                     throughout the home network via IP.
                                                    ingredient in pesticide formulations                    herein should be submitted to the                     This standardization and increasing
                                                    under 40 CFR 180.960. The petitioner                    Federal Communications Commission                     reliance on IP allows for software
                                                    believes no analytical method is needed                 via email to PRA@fcc.gov and to                       solutions that, with ground rules to
                                                    because it is not required for an                       Nicholas A. Fraser, Office of                         ensure a necessary degree of
                                                    exemption from the requirement of a                     Management and Budget, via email to                   convergence, will make it easier to
                                                    tolerance. Contact: RD.                                 Nicholas_A._Fraser@omb.eop.gov or via                 finally fulfill the purpose of Section
                                                       Authority: 21 U.S.C. 346a.                           fax at 202–395–5167.                                  629.
                                                                                                            FOR FURTHER INFORMATION CONTACT: For                     The regulatory and technological path
                                                       Dated: March 10, 2016.                                                                                     to this proceeding reflects a long
                                                                                                            additional information on this
                                                    Daniel J. Rosenblatt,                                                                                         history. It begins with the
                                                                                                            proceeding, contact Brendan Murray,
                                                    Acting Director, Registration Division, Office                                                                Telecommunications Act of 1996, when
                                                                                                            Brendan.Murray@fcc.gov, of the Media
                                                    of Pesticide Programs.                                                                                        Congress added Section 629 to the
                                                                                                            Bureau, Policy Division, (202) 418–
                                                    [FR Doc. 2016–05952 Filed 3–15–16; 8:45 am]
                                                                                                            1573. Contact Cathy Williams,                         Communications Act. Section 629
                                                    BILLING CODE 6560–50–P
                                                                                                            Cathy.Williams@fcc.gov, (202) 418–2918                directs the Commission to adopt
                                                                                                            concerning PRA matters.                               regulations to assure the commercial
                                                                                                            SUPPLEMENTARY INFORMATION: Congress
                                                                                                                                                                  availability of devices that consumers
                                                    FEDERAL COMMUNICATIONS                                                                                        use to access multichannel video
                                                                                                            adopted section 629 of the
                                                    COMMISSION                                                                                                    programming and other services offered
                                                                                                            Communications Act in 1996, and since
                                                                                                                                                                  over multichannel video programming
                                                    47 CFR Part 76                                          then each era of technology has brought
                                                                                                                                                                  networks. Section 629 goes on to state
                                                                                                            unique challenges to achieving Section
                                                    [MB Docket No. 16–42; CS Docket No. 97–                                                                       that these devices should be available
                                                                                                            629’s goals. When Congress first
                                                    80; FCC 16–18]                                                                                                from ‘‘manufacturers, retailers, and
                                                                                                            directed the Commission to adopt
                                                                                                                                                                  other vendors not affiliated with any
                                                                                                            regulations to assure a commercial
                                                    Expanding Consumers’ Video                                                                                    multichannel video programming
                                                                                                            market for devices that can access
                                                    Navigation Choices; Commercial                                                                                distributor.’’ It also prohibits the
                                                                                                            multichannel video programming, the
                                                    Availability of Navigation Devices                                                                            Commission from adopting regulations
                                                                                                            manner in which MVPDs offered their                   that would ‘‘jeopardize security of
                                                    AGENCY:  Federal Communications                         services made it difficult to achieve the             multichannel video programming and
                                                    Commission.                                             statutory purpose. Cable operators used               other services offered over multichannel
                                                    ACTION: Proposed rule.                                  widely varying security technologies,                 video programming systems, or impede
                                                                                                            and the best standard available to the                the legal rights of a provider of such
                                                    SUMMARY:   In this document, we propose                 Commission was the hardware-based
                                                    new rules to empower consumers to                                                                             services to prevent theft of service.’’ In
                                                                                                            CableCARD standard—which the cable                    enacting the section, Congress pointed
                                                    choose how they wish to access the                      and consumer electronics industries
                                                    multichannel video programming to                                                                             to the vigorous retail market for
                                                                                                            jointly developed—that worked only                    customer premises equipment used with
                                                    which they subscribe, and promote                       with one-way cable services. In 2010,
                                                    innovation in the display, selection, and                                                                     the telephone network and sought to
                                                                                                            the Commission sought comment on a                    create a similarly vigorous market for
                                                    use of this programming and of other                    new approach that would work with
                                                    video programming available to                                                                                devices used with services offered over
                                                                                                            two-way services, but still only a                    MVPDs’ networks.
                                                    consumers. We take steps to fulfill our                 hardware solution would work because                     The Commission first adopted rules to
                                                    obligation under section 629 of the                     software-based security was not                       implement Section 629 in 1998, just as
                                                    Communications Act to assure a                          sophisticated enough to meet content                  ‘‘the enormous technological change
                                                    commercial market for devices that can                  companies’ content protection demands.                resulting from the movement from
                                                    access multichannel video programming                   This concept, called ‘‘AllVid,’’ would                analog to digital communications [was]
                                                    and other services offered over                         have allowed electronics manufacturers                underway.’’ The Commission set
                                                    multichannel video programming                          to offer retail devices that could access             fundamental ground rules for consumer-
                                                    systems. We propose rules intended to                   multichannel video programming, but                   owned devices and access to services
                                                    allow consumer electronics                              would have required all operators to put              offered over multichannel video
                                                    manufacturers, innovators, and other                    a new device in the home between the                  programming systems. The rules
                                                    developers to build devices or software                 network and the retail or leased set-top              established (1) manufacturers’ right to
                                                    solutions that can navigate the universe                box. Now, as MVPDs move to Internet                   build, and consumers’ right to attach,
                                                    of multichannel video programming                       Protocol (‘‘IP’’) to deliver their services           any non-harmful device to an MVPD
                                                    with a competitive user interface. We                   and to move content throughout the                    network, (2) a requirement that MVPDs
                                                    also seek comment on outstanding                        home, those difficulties are gone. Today,             provide technical interface information
                                                    issues related to our CableCARD rules.                  MVPDs provide ‘‘control channel’’ data                so manufacturers, retailers, and
                                                    DATES: Submit comments on or before                     that contains (1) the channels and                    subscribers could determine device
                                                    April 15, 2016. Submit reply comments                   programs they carry, (2) whether a                    compatibility, (3) a requirement that
                                                    on or before May 16, 2016. Written                      consumer has the right to access each of              MVPDs make available a separate
                                                    comments on the Paperwork Reduction                     those channels and programs, and (3)                  security element that would allow a set-
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                                                    Act proposed information collection                     the usage rights that a consumer has                  top box built by an unaffiliated
                                                    requirements must be submitted by the                   with respect to those channels and                    manufacturer to access encrypted
                                                    public, Office of Management and                        programs. Many MVPDs already use                      multichannel video programming
                                                    Budget (OMB), and other interested                      Internet Protocol (‘‘IP’’) to provide this            without jeopardizing security of
                                                    parties on or before May 16, 2016.                      control channel data. Moreover, most                  programming or impeding the legal
                                                    ADDRESSES: In addition to filing                        MVPDs have coalesced around a few                     rights of MVPDs to prevent theft of
                                                    comments with the Secretary, a copy of                  standards and specifications for delivery             service, and (4) the integration ban,
                                                    any comments on the Paperwork                           of the video content itself, and many                 which required MVPDs to commonly


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Document Created: 2016-03-15 23:44:08
Document Modified: 2016-03-15 23:44:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of filing of petitions and request for comment.
DatesComments must be received on or before April 15, 2016.
ContactSusan Lewis, Registration Division (RD) (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. Main
FR Citation81 FR 14030 

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