81 FR 2803 - Withdrawal of Pesticide Petitions for Establishment or Modification of Pesticide Chemical Tolerances or Tolerance Exemptions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 11 (January 19, 2016)

Page Range		2803-2804
FR Document		2016-00431

This document announces the withdrawal of pesticide petitions requesting the establishment or modification of tolerances or tolerance exemptions for residues of pesticide chemicals in or on various commodities. The petitions were either withdrawn voluntarily by the petitioners or by the Agency.

Federal Register, Volume 81 Issue 11 (Tuesday, January 19, 2016)

[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Proposed Rules]
[Pages 2803-2804]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00431]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0032; FRL-9939-32]


Withdrawal of Pesticide Petitions for Establishment or 
Modification of Pesticide Chemical Tolerances or Tolerance Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of withdrawal of pesticide petitions.

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SUMMARY: This document announces the withdrawal of pesticide petitions 
requesting the establishment or modification of tolerances or tolerance 
exemptions for residues of pesticide chemicals in or on various 
commodities. The petitions were either withdrawn voluntarily by the 
petitioners or by the Agency.

DATES: The pesticide petitions in this document are withdrawn as of 
January 19, 2016.

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]. 
The mailing address for each contact person is: Office of Pesticide 
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    Although this action only applies to the petitioners in question, 
it is directed to the public in general. Since various individuals or 
entities may be interested, the Agency has not attempted to describe 
all the specific entities that may be interested in this action. If you 
have any questions regarding this action, please consult the person 
listed at the end of the withdrawal summary for the pesticide petition 
of interest.

 B. How can I get copies of this document and other related 
information?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2014-0008, is available at http://www.regulations.gov or at the OPP Docket in the Environmental 
Protection Agency Docket Center (EPA/DC), West William Jefferson 
Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 
20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the OPP Docket is (703) 305-5805. Please review the visitor 
instructions and additional information about the docket available at 
http://www.epa.gov/dockets.

II. What action is the agency taking?

    EPA is announcing the withdrawal of pesticide petitions received 
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a, requesting the establishment or modification of 
tolerances or tolerance exemptions in 40 CFR part 180 for residues of 
pesticide chemicals in or on various food commodities.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions 
covered by this document, prepared by the petitioner, was included in a 
docket EPA created for each rulemaking. The docket for each of the 
petitions is available online at http://www.regulations.gov.

Withdrawals by Petitioners

    1. PP 0E7820 (spirodiclofen). EPA issued a notice in the Federal 
Register of February 4, 2010 (76 FR 17374) (EPA-HQ-OPP-2011-0087), 
which announced the filing of a pesticide petition (PP 0E7820) by 
Interregional Research Project Number 4 (IR-4), 500 College Road East, 
Suite 201 W, Princeton, NJ 08540. The petition proposed to establish 
tolerances in 40 CFR part 180 for residues of the insecticide 
spirodiclofen, 3-(2,4-dichlorophenyl)-2-oxo-1-oxaspiro[4,5]dec-3-en-4-
yl 2,2-dimethylbutanoate, in or on sugar apple, cherimoya, atemoya, 
custard apple, ilama, soursop, biriba, guava, feijoa, jaboticaba, wax 
jambu, starfruit, passionfruit, persimmon and acerola at 0.45 ppm; and 
lychee, longan, Spanish lime, rambutan and pulasan at 3.5 ppm. On April 
17, 2014, IR-4 notified EPA that it was withdrawing this petition.
    2. PP 9E7632 (spirodiclofen). EPA issued a notice in the Federal 
Register of February 4, 2010 (75 FR 5790) (EPA-HQ-OPP-2009-0861), which 
announced the filing of a pesticide petition (PP 9E7632) by 
Interregional Research Project No. 4 (IR-4), 500 College Road East, 
Suite 201 W, Princeton, NJ 08540. The petition proposed to amend the 
tolerances in 40 CFR 180.608 by revising the tolerance expression under 
paragraphs (a)(1) and (a)(2) to read as follows: (a)(1). Tolerances are 
established for residues

[[Page 2804]]

of the insecticide spirodiclofen, including its metabolites and 
degradates. Compliance with the tolerance levels specified is to be 
determined by measuring only spirodiclofen (3-(2,4-dichlorophenyl)-2-
oxo-1-oxaspiro[4,5]dec-3-en-4-yl 2,2-dimethylbutanoate). (a)(2). 
Tolerances are established for residues of the insecticide 
spirodiclofen, including its metabolites and degradates. Compliance 
with the tolerance levels specified is to be determined by measuring 
only the sum of spirodiclofen (3-(2,4-dichlorophenyl)-2-oxo-1-
oxaspiro[4,5]dec-3-en-4-yl 2,2-dimethylbutanoate) and its metabolite 3-
(2,4-dichlorophenyl)-4-hydroxy-1-oxaspiro[4,5]dec-3-en-2-one, 
calculated as the stoichiometric equivalent of spirodiclofen. On April 
17, 2014, IR-4 notified EPA that it was withdrawing this petition.
    3. PP 4G8247 (flutriafol). EPA issued a notice in the Federal 
Register of October 24, 2014 (79 FR 63594) (EPA-HQ-OPP-2014-0379), 
which announced the filing of a pesticide petition (PP 4G8247) by 
Cheminova, Inc., 1600 Wilson Blvd., Suite 700, Arlington, VA 22209-
2510. The petition proposed to establish tolerances in the 40 CFR part 
180 for residues of the fungicide flutriafol, ()-[alpha]-
(2-fluorophenyl)-[alpha]-(4-fluorophenyl)-1 H-1,2,4-triazole-1-ethanol, 
including its metabolites and degradates, in or on corn, sweet, forage 
at 5 parts per million (ppm); corn, sweet, kernel plus cob with husks 
removed at 0.01 ppm; and corn, sweet, stover at 15 ppm. On February 25, 
2015, Cheminova, Inc., notified EPA that it was withdrawing this 
petition.
    4. PP 1E7923 (clothianidin). EPA issued a notice in the Federal 
Register of December 8, 2011 (76 FR 76674) (EPA-HQ-OPP-2011-0860), 
which announced the filing of a pesticide petition (PP 1E7923) by 
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 08450. The petition proposed to 
establish tolerances in 40 CFR part 180 for residues of the insecticide 
clothianidin, (E)-1-(2-chloro-1,3-thiazol-5-ylmethyl)-3-methyl-2-
nitroguanidine, in or on strawberry at 1.4 parts per million (ppm); 
citrus fruit group 10-10 at 0.5 ppm; citrus, dried pulp at 1 ppm; and 
pistachio at 0.01 ppm. On April 7, 2015, IR-4 notified EPA that it was 
withdrawing this petition.
    5. PP 3E8226 (gamma-cyhalothrin). EPA issued a notice in the 
Federal Register of May 23, 2014 (79 FR 29729) (EPA-HQ-OPP-2014-0207), 
which announced the filing of a pesticide petition (PP 3E8226) by 
Cheminova A/S, 1600 Wilson Blvd., Suite 700, Arlington, VA 22209-2510. 
The petition proposed to establish import tolerances in the 40 CFR part 
180 for residues of the insecticide gamma-cyhalothrin, in or on fruit, 
citrus, group 10-10 at 0.07 ppm; citrus, dried pulp at 0.2 ppm; and 
citrus, oil at 3.5 ppm. On April 8, 2015, Cheminova A/S notified EPA 
that it was withdrawing this petition.
    6. PP 3E8183 (1,3-dichloropropene). EPA issued a notice in the 
Federal Register of September 12, 2013 (78 FR 56185) (EPA-HQ-OPP-2013-
0496), which announced the filing of a pesticide petition (PP 3E8183) 
by Interregional Research ProjectNumber 4 (IR-4), 500 College Road 
East, Suite 201 W, Princeton, NJ 08540. The petition proposed to 
establish a tolerance in 40 CFR part 180 for the combined residues of 
the fungicide, cis- and trans-1,3-dichloropropene, including its 
metabolites and degradates, in or on pineapple at 0.02 ppm. It is 
proposed that compliance with the tolerance levels specified in Sec.  
180.636 is to be determined by measuring cis- and trans-1,3-
dichloropropene and its metabolites cis- and trans-3-chloroacrylic 
acid, and cis-and trans-3-chloroallylalcohol, in or on the commodity. 
The proposed tolerances are to support post plant use in pineapple, 
similar to the established drip irrigation use of 1,3-dichloropropene 
in grapes. On May 20, 2015, IR-4 notified EPA that it was withdrawing 
this petition.
    7. PP 2F8008 (clothianidin). EPA issued a notice in the Federal 
Register of September 28, 2012 (77 FR 59578) (EPA-HQ-OPP-2010-0217), 
which announced the filing of a pesticide petition (PP 2F8008) by 
Valent U.S.A. Corporation, P.O. Box 8025, Walnut Creek, CA 94596. The 
petition requested to establish tolerances in the 40 CFR part 180 for 
residues of the insecticide clothianidin, (E)-1-(2-chloro-1,3-thiazol-
5-ylmethyl)-3-methyl-2-nitroguanidine, in or on fruiting, vegetables, 
group 8-10, except pepper/eggplant subgroup 8-10B at 0.2 ppm; and 
pepper/eggplant subgroup 8-10B at 0.7 ppm. The petition also requested 
to amend the tolerance in 40 CFR 180.586 (a) by deleting the tolerance 
for residues of the insecticide clothianidin, (E)-1-(2-chloro-1,3-
thiazol-5-ylmethyl)-3-methyl-2-nitroguanidine, in or on the vegetable, 
fruiting group 8 at 0.2 ppm, upon approval of fruiting, vegetables, 
group 8-10, except pepper/eggplant subgroup 8-10B at 0.2 ppm under 
``New Tolerance'' for PP 2F8008; and replacing the tolerance for 
residues of the insecticide clothianidin, (E)-1-(2-chloro-1,3-thiazol-
5-ylmethyl)-3-methyl-2-nitroguanidine, in or on fruit, pome at 1.0 ppm 
with fruit, pome group (11-10) at 1.0 ppm due to the expansion of crop 
groups. On June 24, 2015, Valent U.S.A. Corporation notified EPA that 
it was withdrawing this petition.
    8. PP 4E8311 (flubendiamide). EPA issued a notice in the Federal 
Register of March 4, 2015 (80 FR 11611) (EPA-HQ-OPP-2014-0784), which 
announced the filing of a pesticide petition (PP 4E8311) by 
Interregional Research Project Number 4 (IR-4), 500 College Road East, 
Suite 201 W, Princeton, NJ 08540. The petition proposed to establish a 
tolerance in 40 CFR part 180 for residues of the insecticide, 
flubendiamide, (N2-1,1-dimethyl-2-(methylsulfonyl)ethyl-3-iodo-N1-2-
methyl-4-1,2,2,2-tetrafluoro-1-(trifluoromethyl)ethylphenyl-1,2-
benzenedicarboxamide) in or on the following: Bushberry subgroup 13-07B 
at 8.0 ppm; vegetable, fruiting group 8-10 at 0.60 ppm; fruit, pome, 
group 11-10 at 1.5 ppm; fruit, stone, group 12-12 at 1.6 ppm; nut, 
tree, group 14-12 at 0.06 ppm; and sunflower, subgroup 20B at 5.0 ppm. 
Upon the approval of the aforementioned tolerances, the petitioner 
requests to remove the established tolerances for flubendiamide in or 
on fruit, pome, group 11 at 1.5 ppm; fruit, stone, group 12 at 1.6 ppm; 
nut, tree, group 14 at 0.06 ppm; safflower, seed at 5.0 ppm; and 
sunflower, seed at 5.0 ppm. On September 3, 2015, IR-4 notified EPA 
that it was withdrawing this petition.

List of Subjects in 40 CFR Part 180

    Environmental protection, Agricultural commodities, Feed additives, 
Food additives, Pesticides and pests, Reporting and recordkeeping 
requirements.

    Dated: December 23, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-00431 Filed 1-15-16; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules 2803

(3) If a tribe’s asserted authority is ENVIRONMENTAL PROTECTION NW., Washington, DC 20460–0001. The
subject to a competing or conflicting AGENCY Public Reading Room is open from 8:30
claim, the Regional Administrator, after a.m. to 4:30 p.m., Monday through
due consideration, and in consideration 40 CFR Part 180 Friday, excluding legal holidays. The
of other comments received, shall [EPA–HQ–OPP–2015–0032; FRL–9939–32] telephone number for the Public
determine whether the tribe has Reading Room is (202) 566–1744, and
adequately demonstrated that it meets Withdrawal of Pesticide Petitions for the telephone number for the OPP
the requirements of paragraph (a)(3) of Establishment or Modification of Docket is (703) 305–5805. Please review
this section. Pesticide Chemical Tolerances or the visitor instructions and additional
Tolerance Exemptions information about the docket available
(4) Where EPA has previously at http://www.epa.gov/dockets.
determined that a tribe qualifies for TAS AGENCY: Environmental Protection
for the CWA Section 303(c) Water Agency (EPA). II. What action is the agency taking?
Quality Standards Program, CWA ACTION: Notice of withdrawal of EPA is announcing the withdrawal of
Section 402 National Pollutant pesticide petitions. pesticide petitions received under
Discharge Elimination System Program, section 408 of the Federal Food, Drug,
or CWA Section 404 Dredge and Fill SUMMARY: This document announces the and Cosmetic Act (FFDCA), 21 U.S.C.
Permit Program, and EPA has provided withdrawal of pesticide petitions 346a, requesting the establishment or
notice and an opportunity to comment requesting the establishment or modification of tolerances or tolerance
modification of tolerances or tolerance exemptions in 40 CFR part 180 for
on the tribe’s assertion of authority to
exemptions for residues of pesticide residues of pesticide chemicals in or on
appropriate governmental entities as
chemicals in or on various commodities. various food commodities.
part of its review of the prior The petitions were either withdrawn Pursuant to 40 CFR 180.7(f), a
application, no further notice to voluntarily by the petitioners or by the summary of each of the petitions
governmental entities, as described in Agency. covered by this document, prepared by
paragraph (c)(2) of this section, shall be the petitioner, was included in a docket
DATES: The pesticide petitions in this
provided with regard to the same tribe’s document are withdrawn as of January EPA created for each rulemaking. The
application for the CWA Section 303(d) 19, 2016. docket for each of the petitions is
Impaired Water Listing and TMDL available online at http://
FOR FURTHER INFORMATION CONTACT:
Program, unless the application presents www.regulations.gov.
Susan Lewis, Registration Division (RD)
to the EPA Regional Administrator (7505P), Office of Pesticide Programs, Withdrawals by Petitioners
different jurisdictional issues or Environmental Protection Agency, 1200
significant new factual or legal 1. PP 0E7820 (spirodiclofen). EPA
Pennsylvania Ave. NW., Washington,
information relevant to jurisdiction. issued a notice in the Federal Register
DC 20460–0001; main telephone
of February 4, 2010 (76 FR 17374)
(5) Where the Regional Administrator number: (703) 305–7090; email address:
(EPA–HQ–OPP–2011–0087), which
determines that a tribe meets the RDFRNotices@epa.gov. The mailing
announced the filing of a pesticide
requirements of this section, he or she address for each contact person is:
petition (PP 0E7820) by Interregional
shall promptly provide written Office of Pesticide Programs,
Research Project Number 4 (IR–4), 500
notification to the tribe that the tribe is Environmental Protection Agency, 1200
College Road East, Suite 201 W,
authorized to administer the CWA Pennsylvania Ave. NW., Washington,
Princeton, NJ 08540. The petition
Section 303(d) Impaired Water Listing DC 20460–0001.
proposed to establish tolerances in 40
and TMDL Program. Such tribe shall be SUPPLEMENTARY INFORMATION: CFR part 180 for residues of the
considered a ‘‘State’’ for purposes of I. General Information insecticide spirodiclofen, 3-(2,4-
CWA section 303(d) and its dichlorophenyl)-2-oxo-1-
implementing regulations. With respect A. Does this action apply to me? oxaspiro[4,5]dec-3-en-4-yl 2,2-
to the timing requirement for submittal Although this action only applies to dimethylbutanoate, in or on sugar apple,
of an authorized tribe’s first list of the petitioners in question, it is directed cherimoya, atemoya, custard apple,
impaired waters pursuant to to the public in general. Since various ilama, soursop, biriba, guava, feijoa,
§ 130.7(d)(1), the tribe’s first list is due individuals or entities may be jaboticaba, wax jambu, starfruit,
on the next listing cycle due date that interested, the Agency has not passionfruit, persimmon and acerola at
is 24 months after the later of either: attempted to describe all the specific 0.45 ppm; and lychee, longan, Spanish
entities that may be interested in this lime, rambutan and pulasan at 3.5 ppm.
(i) The date EPA approves the tribe’s
action. If you have any questions On April 17, 2014, IR–4 notified EPA
TAS application pursuant to this section
regarding this action, please consult the that it was withdrawing this petition.
or 2. PP 9E7632 (spirodiclofen). EPA
person listed at the end of the
(ii) The date EPA-approved or EPA- withdrawal summary for the pesticide issued a notice in the Federal Register
promulgated water quality standards petition of interest. of February 4, 2010 (75 FR 5790) (EPA–
become effective for the tribe’s HQ–OPP–2009–0861), which
B. How can I get copies of this document announced the filing of a pesticide
reservation waters.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

and other related information? petition (PP 9E7632) by Interregional
[FR Doc. 2016–00736 Filed 1–15–16; 8:45 am]
The docket for this action, identified Research Project No. 4 (IR–4), 500
BILLING CODE 6560–50–P
by docket identification (ID) number College Road East, Suite 201 W,
EPA–HQ–OPP–2014–0008, is available Princeton, NJ 08540. The petition
at http://www.regulations.gov or at the proposed to amend the tolerances in 40
OPP Docket in the Environmental CFR 180.608 by revising the tolerance
Protection Agency Docket Center (EPA/ expression under paragraphs (a)(1) and
DC), West William Jefferson Clinton (a)(2) to read as follows: (a)(1).
Bldg., Rm. 3334, 1301 Constitution Ave. Tolerances are established for residues

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Document Created: 2016-01-16 01:11:21
Document Modified: 2016-01-16 01:11:21

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of withdrawal of pesticide petitions.
Dates		The pesticide petitions in this document are withdrawn as of January 19, 2016.
Contact		Susan Lewis, Registration Division (RD) (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main
FR Citation		81 FR 2803
CFR Associated		Environmental Protection; Agricultural Commodities; Feed Additives; Food Additives; Pesticides and Pests and Reporting and Recordkeeping Requirements