81 FR 24044 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 79 (April 25, 2016)

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, Number 79 (Monday, April 25, 2016)]
[Proposed Rules]
[Pages 24044-24047]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09559]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2015-0032; FRL-9944-86]


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 May 25, 2016.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition number (PP) of interest as shown 
in the

[[Page 24045]]

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: Robert McNally, Biopesticides and 
Pollution Prevention Division (BPPD) (7511P), main telephone number: 
(703) 305-7090; email address: [email protected], or 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:
    [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 174 or part 180 for residues of pesticide 
chemicals in or on various food commodities. The Agency is taking 
public comment on the requests before responding to the petitioners. 
EPA is not proposing any particular action at this time. EPA has 
determined that the pesticide petitions described in this document 
contain the data or information prescribed in FFDCA section 408(d)(2), 
21 U.S.C. 346a(d)(2); however, EPA has not fully evaluated the 
sufficiency of the submitted data at this time or whether the data 
support granting of the pesticide petitions. After considering the 
public comments, EPA intends to evaluate whether and what action may be 
warranted. Additional data may be needed before EPA can make a final 
determination on these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions 
that are the subject of this document, prepared by the petitioner, is 
included in a docket EPA has created for each rulemaking. The docket 
for each of the petitions is available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA 
is publishing notice of the petitions so that the public has an 
opportunity to comment on these requests for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petitions may be obtained 
through the petition summary referenced in this unit.

New Tolerances

    1. PP 5F8398. (EPA-HQ-OPP-2015-0735). Valent U.S.A. Corporation, 
1600 Riveira Avenue, Suite 200, Walnut Creek, CA 94596, requests to 
establish a tolerance in 40 CFR part 180 for residues of the 
insecticide, etoxazole, 2-(2,6-dufluorophenyl)-4-[4-(1,1-dimethyl)-2-
ethoxyphenyl]-4,5-dihydrooxazole, in or on soybean at 0.01 parts per 
million (ppm). The GC/MSD analytical methodology is used to measure and 
evaluate residues of the chemical etoxazole. Contact: RD.
    2. PP 5F8408. EPA-HQ-OPP-2015-0817. OAT Agrio Co., Ltd, 1-3-1 Kanda 
Ogawa-machi, Chiyoda-ku, Tokyo 101-0052, Japan, requests to establish a 
tolerance in 40 CFR part 180 for residues of the fungicide, flutianil, 
in or on apple, fruit at 0.2 parts per million (ppm), apple, juice at 
0.03 ppm, apple, wet pomace at 2 ppm, cantaloupe at 0.07 ppm, cherry, 
fruit at 0.4 ppm, cucumber at 0.02 ppm, grape, fruit at 0.7 ppm, grape, 
juice at 0.2 ppm, grape, raisins at 0.3 ppm, squash at 0.03 ppm, and 
strawberry, fruit at 0.3 ppm. The gas chromatography-mass spectrometry 
detector (GC/MSD) is used to measure and evaluate the chemical 
flutianil on apples, cantaloupe, cherry, cucumber, squash, and 
strawberry. The high performance liquid chromatography with tandem mass 
spectral detection (LCMS/MS) is used to measure and evaluate the 
chemical flutianil and the

[[Page 24046]]

metabolite OC-56635 in grapes. Contact: RD.
    3. PP 5F8435. EPA-HQ-OPP-2016-0049. E.I. du Pont de Nemours and 
Company, Inc., Dupont Crop Protection, Stine-Haskell Research Center, 
P.O. Box 30, Newark, DE 19714-0300, requests to establish a tolerance 
in 40 CFR part 180.685 for residues of the fungicide, Oxathiapiprolin 
in or on soybean at 0.01 parts per million (ppm), and sunflower at 0.01 
parts per million (ppm). The analytical method using high-pressure 
liquid chromatography with MS/MS detection is used to measure and 
evaluate the chemical residues of Oxathiapiprolin. Contact: RD.
    4. PP 5F8383. EPA-HQ-OPP-2015-0676. Valent USA Corporation, 1600 
Riviera Avenue, Suite 200, Walnut Creek, CA 94596, requests to 
establish tolerances in 40 CFR part 180.622 for residues of the 
fungicide Ethaboxam in or on Cucurbit Vegetables (Crop Group 9) at 0.3 
parts per million (ppm); ginseng at 0.09 ppm; Pepper/Eggplant (Crop 
Subgroup 8-10B) at 0.6 ppm; and Tuberous and Corm Vegetable Subgroup 1C 
at 0.01 ppm. An independently validated analytical method has been 
submitted for analyzing parent ethaboxam residues with appropriate 
sensitivity in all crop commodities for which tolerances are being 
requested. Contact: RD.
    5. PP 5F8427. EPA-HQ-OPP-2016-0067. Geo Logic Corporation, P.O. Box 
3091, Tequesta, FL 33409, requests to establish a tolerance in 40 CFR 
part 180 for residues of the bactericide/fungicide streptomycin in or 
on citrus fruit, Crop Group 10-10 at 0.5 parts per million (ppm) and 
citrus, dried pulp at 3.5 ppm. The ion-pair reversed-phase liquid 
chromatography with detection by MS/MS is used to measure and evaluate 
the chemical streptomycin. Contact: RD.
    6. PP 5F8353. EPA-HQ-OPP-2015-0652. Valent USA Corporation, 1600 
Riviera Avenue, Suite 200, Walnut Creek, CA 94596, requests to 
establish tolerances in 40 CFR 180.568 for residues of the herbicide, 
flumioxazin, 2-[7-fluoro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4-
benzoxazin-6-yl]-4,5,6,7-tetrahydro-1H-isoindole-1,3(2H)-dione, in or 
on soybean forage at 0.05 parts per million (ppm) and soybean hay at 
0.02 ppm. Analytical method RM-30A was used to analyze soybean seed, 
forage, and hay in support of this petition. RM-30A has been previously 
validated by EPA. Contact: RD.
    7. PP 6F8447. EPA-HQ-OPP-2016-0112. ISK Biosciences Corporation, 
7470 Auburn Road, Suite A, Concord, Ohio 44077, requests to establish a 
tolerance in 40 CFR part 180 for residues of the herbicide, 
Flazasulfuron, 1-(4,6-dimethoxypyrimidin-2-yl)-3-(3-trifluoromethyl-2-
pyridylsulfonyl) urea, in or on the raw agricultural commodity Olive at 
0.01 parts per million (ppm). A practical analytical method for 
flazasulfuron and (1-(4,6-dimethoxypyridin-2-yl)-1-(3-trifluoromethyl-2 
pyridyl)urea (DTPU) using liquid chromatography-MS/MS is available for 
enforcement purposes. The limit of detection is 0.003 ppm. Contact: RD.
    8. PP 6E8448. EPA-HQ-OPP-2016-0142. E.I. Dupont de Nemours and 
Company (Crop Protection), Chestnut Run Plaza, 974 Centre Rd., 
Wilmington, DE 19805, requests to establish a tolerance in 40 CFR part 
180 for residues of the insecticide, triflumezopyrim, in or on rice, 
grain at 0.2 parts per million (ppm). The LC/ESI-MS/MS method is used 
to measure and evaluate the chemical 2,4-dioxo-1-(5-pyrimidinylmethyl)-
3-[3-(trifluoromethyl)phenyl]-2H-pyrido[1,2-a]pyrimidinium inner salt]. 
Contact: RD.

New Tolerance Exemptions

    1. PP 5F8411. EPA-HQ-OPP-2016-0073. LAM International Corp., 117 
South Parkmont, Butte, MT 59701, requests to establish an exemption 
from the requirement of a tolerance in 40 CFR part 180 for residues of 
the nematocide Purpureocillium lilacinum strain PL11 in or on all food 
commodities. The petitioner believes no analytical method is needed 
because it believes that, when used as proposed, Purpureocillium 
lilacinum strain PL11 would not result in residues that are of 
toxicological concern. Contact: BPPD.
    2. PP IN-10815. EPA-HQ-OPP-2015-0350. Keller and Heckman, 1001 G 
Street NW., Suite 500 West, Washington, DC 20001, on behalf of C.P. 
Kelco U.S., Inc., 3100 Cumberland Blvd., Suite 600, Atlanta, GA 30339, 
requests to establish an exemption from the requirement of a tolerance 
for residues of D-glucurono-D-gluco-6-deoxy-L-mannan, acetate, calcium 
magnesium potassium sodium salt (diutan gum) (CAS Reg. No. 595585-15-2) 
when used as an inert ingredient in pesticide formulations applied to 
growing crops and raw agricultural commodities after harvest under 40 
CFR 180.910 and for use in antimicrobial formulations (food contact 
surface sanitizing solutions) under 40 CFR 180.940(a). 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-10829. EPA-HQ-OOPP-2016-0183. Lewis & Harrison, LLC, 122 C 
Street NW., Suite 740, Washington, DC 20001, on behalf of BASF 
Corporation, 100 Park Avenue, Florham Park, NJ 07932, requests to 
establish an exemption from the requirement of a tolerance for residues 
of pentaerythritol tetrakis(3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) (CAS Reg. No. 6683-19-8) when used as an 
inert ingredient (antioxidant/stabilizer) at a concentration not to 
exceed 5% by weight in pesticide formulations applied to growing crops 
and raw agricultural commodities under 40 CFR 180.910 and at a 
concentration not to exceed 3% by weight in pesticide formulations 
applied to animals under in 40 CFR 180.930. The petitioner believes no 
analytical method is needed because it is not required for an exemption 
from the requirement of a tolerance. Contact: RD.
    4. PP IN-10846. EPA-HQ-OPP-2016-0007. Technology Sciences Group 
(1150 18th St. NW., Suite 1000, Washington, DC 20036) on behalf of 
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 acetate (CAS Reg No. 110-19-0) when 
used as an inert ingredient (solvent) in pesticide formulations applied 
in or on raw agricultural commodities and to growing crops 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.
    5. PP IN-10852. EPA-HQ-OPP-2016-0008. Technology Sciences Group 
(1150 18th St. NW., Suite 1000, Washington, DC 20036) on behalf of 
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 isobutyric acid (CAS Reg No. 79-31-2) when 
used as an inert ingredient (solvent) in pesticide formulations applied 
in or on raw agricultural commodities and to growing crops 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.
    6. PP IN-10884. EPA-HQ-OPP-2016-0159. Technical Sciences Group, 
Inc., 1150 18th Street NW., Suite 1000, Washington, DC 20036, on behalf 
of Bayer HealthCare, LLC, Animal Health, P.O. Box 390, Shawnee Mission, 
KS 66201-0390, requests to establish an exemption from the requirement 
of a tolerance for residues of iron oxide yellow (CAS Reg. No. 20344-
49-4) when used as an inert ingredient (colorant) in pesticide 
formulations

[[Page 24047]]

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.
    7. PP IN-10890. EPA-HQ-OPP-2016-0115. Wacker Chemical Corporation, 
3301 Sutton Rd., Adrian, ML 49221-9397 requests to establish an 
exemption from the requirement of a tolerance for siloxanes and 
silicones, 3-bydroxypropyl Me, ethoxylated (CAS Reg. No. 69430-50-8), 
when used as an inert ingredient surfactant, antifoaming agent) 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.
    8. PP IN-10899. EPA-HQ-OPP-2016-0118. Celanese Ltd, 222 W Las 
Colinas Blvd., Suite 900N, Irving, TX 75039, requests to establish an 
exemption from the requirement of a for residues of 2-propenoic acid, 
2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl 
acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) with 
a minimum number average mole1cular weight (in amu) of 20,000 (CAS Reg. 
No. 518057-54-0) 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.
    9. PP IN-10900. EPA-HQ-OPP-2016-0149. Celanese Ltd., 222 W Las 
Colinas Blvd., Suite 900N, Irving, TX 75039, requests to establish an 
exemption from the requirement of a tolerance for residues of 2-
propenoic acid, butyl ester, polymer with ethenyl acetate and sodium 
ethenesulfonate with a minimum number average molecular weight (in amu) 
of 20,000 (CAS Reg. No. 66573-43-1) 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 an inert ingredient exempt 
from a tolerance. Contact: RD.

Amended Tolerances

    1. PP 5F8427. EPA-HQ-OPP-2016-0067. Geo Logic Corporation, P.O. Box 
3091, Tequesta, FL 33409, requests to amend the tolerances in 40 CFR 
180.245 for residues of the bactericide/fungicide streptomycin by 
removing tolerances in or on grapefruit at 0.15 parts per million (ppm) 
and grapefruit, dried pulp at 0.40 ppm. The ion-pair reversed-phase 
liquid chromatography with detection by MS/MS is used to measure and 
evaluate the chemical streptomycin. Contact: RD.
    2. PP IN-10858. EPA-HQ-OPP-2016-0121. Drexel Chemical Company, P.O. 
Box 13327, Memphis, TN 38113-03227, requests to amend the tolerance in 
40 CFR 180.469 for residues of dichlormid (CAS Reg. No. 37764-25-3), 
when used as an inert ingredient (herbicide safener) in pesticide 
formulations to include tolerances at 0.05 part per million (ppm) for 
all commodities for which there are tolerances for the active 
ingredients metolachlor and s-metolachlor (40 CFR 180.368). Gas 
Chromatography Mass Spectrometry (GC-MS) with nitrogen selective 
thermionic detection is used to measure and evaluate the chemical 
dichlormid. Contact: RD.

Amended Tolerance Exemptions

    1. PP 5F8407. EPA-HQ-OPP-2015-0811. DSM Food Specialties B.V., P.O. 
Box 1, 2600 MA Delft, The Netherlands (c/o Keller and Heckman, LLP 1001 
G. St. NW., Washington, DC 20001), requests to amend an exemption from 
the requirement of a tolerance in 40 CFR 180.1315 for residues of the 
fungistat natamycin by adding in or on citrus, pome, and stone fruit 
crop groups; avocado; kiwi; mango; and pomegranate when applied as a 
fungistat in accordance with label directions and good agricultural 
practices. The petitioner believes no analytical method is needed 
because the petition is for an exemption from the requirement of a 
tolerance without any numerical limitation. Further, residues are not 
expected on any other crops because natamycin will only be applied 
indoors to these particular crops. Contact: BPPD.
    2. PP 5F8438. EPA-HQ-OPP-2016-0032. Valent BioSciences Corp., 870 
Technology Way, Libertyville, IL 60048, requests to amend an exemption 
from the requirement of a tolerance in 40 CFR 180.1189 for residues of 
the biochemical pesticide methyl salicylate by adding in or on all 
agricultural commodities. The petitioner believes no analytical method 
is needed because the petitioner has validated residue methods in both 
tomato and pepper. The analytical method for the assay of methyl 
salicylate and salicylic acid is by gas chromatography with mass-
selective detection. Methyl salicylate will not result in residues that 
are of toxicological concern, as the residue studies clearly show only 
natural background levels of methyl salicylate and its metabolite 
(salicylic acid) after applications, even at time zero. Contact: BPPD.

Amended Tolerance Exemption for Plant Incorporated Product

    PP 5F8425. EPA-HQ-OPP-2014-0457. J.R. Simplot Co., 5369 W. Irving 
St., Boise, ID 83706, requests to amend an exemption from the 
requirement of a tolerance in 40 CFR 174.534 for residues of the plant-
incorporated protectant (PIP) VNT1 protein in or on potato by 
converting a currently existing temporary tolerance exemption to a 
permanent tolerance exemption. The petitioner believes no analytical 
method is needed because it is seeking an exemption from the 
requirement of a tolerance. Contact: BPPD.

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

     Dated: April 18, 2016.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-09559 Filed 4-22-16; 8:45 am]
 BILLING CODE 6560-50-P