81_FR_40714 81 FR 40594 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

81 FR 40594 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 120 (June 22, 2016)

Page Range40594-40596
FR Document2016-14816

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 120 (Wednesday, June 22, 2016)
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Proposed Rules]
[Pages 40594-40596]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14816]



40 CFR Parts 174 and 180

[EPA-HQ-OPP-2015-0032; FRL-9947-32]


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.

-----------------------------------------------------------------------

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 July 22, 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: Robert McNally, Biopesticides and 
Pollution Prevention Division (BPPD) (7511P), main telephone number: 
(703) 305-7090; email address: [email protected]., 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

[[Page 40595]]

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 summaries referenced in this unit.

New Tolerances

    PP 5F8380. EPA-HQ-OPP-2015-0745. Bayer CropScience, 2 TW Alexander 
Drive, P.O. Box 12014, Research Triangle Park, NC 27709, requests to 
establish a tolerance in 40 CFR part 180.555 for residues of the 
fungicide trifloxystrobin in or on: Cotton, gin byproducts at 3 parts 
per million (ppm); and cotton, undelinted seed (Crop subgroup 20C) at 
0.5 ppm. Either gas chromatography with nitrogen-phosphorus detection, 
or liquid chromatography/mass spectrometry/mass spectrometry (LC/MS/MS) 
are used to measure and evaluate the chemical trifloxystrobin and the 
free form of its acid metabolite CGA-321113 ((E,E)-methoxyimino-[2-[1-
(3-trifluoromethyl-phenyl)-ethylideneaminooxymethyl]-phenyl]acetic 
acid). Contact: RD.
    PP 5F8417. EPA-HQ-OPP-2015-0787. K-I Chemical USA. Inc., 11 Martine 
Ave., Suite 970, White Plains, NY 10606, requests to establish 
tolerances in 40 CFR 180.659 for residues of the herbicide, 
pyroxasulfone (3-[(5-(difluoromethoxy)-1-methyl-3-(trifluoromethyl) 
pyrazole-4-ylmethylsulfonyl]-4,5-dihydro-5,5-dimethyl-1,2-oxazole) and 
its metabolites in or on dried shelled peas and beans (crop subgroup 
6C) at 0.09 ppm, flax at 0.01 ppm, peanut at 0.2 ppm, and peanut hay at 
2 ppm. The LC/MS/MS has been proposed to enforce the tolerance 
expression for pyroxasulfone. Contact: RD.
    PP 5F8421. EPA-HQ-OPP-2015-0825. BASF Corporation, 26 Davis Drive, 
P.O. Box 13528, Research Triangle Park, NC 27709, requests to establish 
a tolerance in 40 CFR part 180 for residues of the herbicide 
topramezone (3-(4,5-Dihydro-isoxazol-3-yl)-4-methanesulfonyl-2-
methylphenyl]-(5-hydroxyl-1-methyl-1H-pyrazol-4-yl)methanone) in or on 
sugarcane, cane at 0.01 ppm. The LC/MS/MS is used to measure and 
evaluate the chemical topramezone (3-(4,5-Dihydro-isoxazol-3-yl)-4-
methanesulfonyl-2-methylphenyl]-(5-hydroxyl-1-methyl-1H-pyrazol-4-
yl)methanone). Contact: RD.
    PP 6E8464. EPA-HQ-OPP-2016-0257. Interregional Research No. 4 (IR-
4), Rutgers, The State University of New Jersey, 500 College Road East, 
Suite 201 W, Princeton, NJ 08540, requests to establish tolerances in 
40 CFR part 180.627 for residues of the fungicide fluopicolide [2,6-
dichloro-N-[[3-chloro-5-(trifluoromethyl)-2-
pyridinyl]methyl]benzamide], including its metabolites and degradates, 
in or on the raw agricultural commodities: Basil, dried leaves at 200 
ppm; basil, fresh leaves at 30 ppm; bean, succulent at 0.9 ppm; citrus, 
dried pulp at 0.048 ppm; citrus, oil at 1.94 ppm; hop, dried cones at 
15 ppm; fruit, citrus, group10-10 at 0.02 ppm; fruit, small, vine 
climbing, except fuzzy kiwifruit, subgroup 13-07F at 2.0 ppm; and 
vegetable, fruiting, group 8-10 at 1.60 ppm. The analytical method 
consisting of high pressure LC/MS/MS is used to measure and evaluate 
the chemical fluopicolide. Contact: RD.
    PP 6E8467. EPA-HQ-OPP-2016-0255. IR-4, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08540, requests to establish tolerances in 40 CFR part 
180 for the residues of the insecticide spirotetramat (cis-3-(2,5-
dimethlyphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl-ethyl 
carbonate) and its metabolites cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-
methoxy-1-azaspiro[4.5]dec-3-en-2-one, cis-3-(2,5-dimethylphenyl)-3-
hydroxy-8-methoxy-1-azaspiro[4.5]decane-2,4-dione, cis-3-(2,5-
dimethylphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl beta-D-
glucopyranoside, and cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-methoxy-1-
azaspiro[4.5]decan-2-one, calculated as the stoichiometric equivalent 
of spirotetramat, in or on the raw agricultural commodities carrot, 
roots at 0.15 ppm; fruit, stone, group 12-12 at 4.5 ppm; and nut, tree, 
group 14-12 at 0.25 ppm. Analytical methodology to determine residues 
of spirotetramat in raw agricultural commodities includes high pressure 
LC/MS/MS using the stable isotopically labeled analytes as internal 
standards. The limit of quantification (LOQ) for each analyte is 0.01 
ppm for all commodities. This method is used to measure and evaluate 
spirotetramat. Contact RD.
    PP 6E8477. EPA-HQ-OPP-2013-0235. IR-4, 500 College Road East, Suite 
201 W, Princeton, NJ 08540, requests to establish a tolerance in 40 CFR 
part 180 for residues of the insecticide chlorantraniliprole, 3-bromo-
N-[4-chloro-2-methyl-6-[(methylamino)-carbonyl]phenyl]-1-(3-chloro-2-
pyridinyl)-1H-pyrazole-5-carboxamide in or on the raw agricultural 
commodities teff, forage at 40 ppm; teff, grain at 6.0 ppm; teff, hay 
at 40 ppm; teff, straw at 40 ppm; quinoa, forage at 40 ppm; quinoa, 
grain at 6.0 ppm; quinoa, hay at 40 ppm; and quinoa, straw at 40 ppm. 
Analytical methodology has been developed and validated for enforcement 
purposes. Contact: RD.

Amended Tolerances

    PP 5F8380. EPA-HQ-OPP-2015-0745. Bayer CropScience, 2 TW Alexander 
Drive, P.O. Box 12014, Research Triangle Park, NC 27709, requests to 
amend the tolerance in 40 CFR 180.555 for residues of the fungicide 
trifloxystrobin in or on corn, field, forage at 8 ppm. Either a method 
based on gas chromatography with nitrogen-phosphorus detection, or LC/
MS/MS are used to measure and evaluate the chemical trifloxystrobin and 
the free form of its acid metabolite CGA-321113 ((E,E)-methoxyimino-[2-
[1-(3-trifluoromethyl-phenyl)-ethylideneaminooxymethyl]-phenyl]acetic 
acid). Contact: RD.
    PP 6E8464. EPA-HQ-OPP-2016-0257. IR-4, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08540, requests to amend the tolerances in 40 CFR 
180.627, upon establishment of the tolerances referenced above under 
``New Tolerances'', to remove existing tolerances for residues of the 
fungicide fluopicolide [2,6-dichloro-N-[[3-chloro-5-(trifluoromethyl)-
2-pyridinyl]methyl]benzamide], including its metabolites and 
degradates, in or on the raw agricultural commodities grape at 2.0 ppm 
and vegetable, fruiting, group 8 at 1.60 ppm. The analytical method 
consisting of LC/MS/MS is used to measure and evaluate the chemical 
fluopicolide. Contact: RD.
    PP 6E8467. EPA-HQ-OPP-2016-0255. IR-4, IR-4 Project Headquarters, 
500 College Road East, Suite 201 W, Princeton, New Jersey, 08540, 
requests to amend 40 CFR part 180.641 by removing the established 
tolerances for

[[Page 40596]]

the residues of the insecticide spirotetramat (cis-3-(2,5-
dimethlyphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl-ethyl 
carbonate) and its metabolites cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-
methoxy-1-azaspiro[4.5]dec-3-en-2-one, cis-3-(2,5-dimethylphenyl)-3-
hydroxy-8-methoxy-1-azaspiro[4.5]decane-2,4-dione, cis-3-(2,5-
dimethylphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl beta-D-
glucopyranoside, and cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-methoxy-1-
azaspiro[4.5]decan-2-one, calculated as the stoichiometric equivalent 
of spirotetramat, in or on fruit, stone, group 12 at 4.5 ppm; nut, 
tree, group 14 at 0.25 ppm; and pistachio at 0.25 ppm upon 
establishment of aforementioned ``New Tolerances under PP 6E8467''. 
Contact RD.

New Tolerance Exemptions

    PP 5F8410. EPA-HQ-OPP-2016-0284. AFS009 Plant Protection, Inc., 104 
T.W. Alexander Dr., Building 18, Research Triangle Park, NC 27709, 
requests to establish an exemption from the requirement of a tolerance 
in 40 CFR part 180 for residues of the fungicide Pseudomonas 
chlororaphis subsp. aurantiaca strain AFS009 in or on all food 
commodities. The petitioner believes no analytical method is needed 
because it is expected that, when used as proposed, Pseudomonas 
chlororaphis subsp. aurantiaca strain AFS009 would not result in 
residues that are of toxicological concern. Contact: BPPD.
    PP 6G8453. EPA-HQ-OPP-2016-0279. Monsanto Company, 800 N. Lindbergh 
Blvd., St. Louis, MO 63167, requests to establish a temporary exemption 
from the requirement of a tolerance in 40 CFR part 174 for residues of 
the plant-incorporated protectant (PIP) Bacillus thuringiensis 
Cry51Aa2.834_16 (mCry51Aa2) protein in or on cotton. The petitioner 
believes no analytical method is needed because this petition is 
requesting a temporary exemption from the requirement of a tolerance 
without numerical limitation. Contact: BPPD.

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

    Dated: June 13, 2016.
Daniel J. Rosenblatt,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-14816 Filed 6-21-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  40594                 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Proposed Rules

                                                  PART 7—RULES OF PRACTICE IN                               • Federal eRulemaking Portal: http://                end of the pesticide petition summary of
                                                  FILINGS PURSUANT TO THE                                 www.regulations.gov. Follow the online                 interest.
                                                  PROTOCOL RELATING TO THE                                instructions for submitting comments.
                                                                                                                                                                 B. What should I consider as I prepare
                                                  MADRID AGREEMENT CONCERNING                             Do not submit electronically any
                                                                                                                                                                 my comments for EPA?
                                                  THE INTERNATIONAL REGISTRATION                          information you consider to be
                                                  OF MARKS                                                Confidential Business Information (CBI)                   1. Submitting CBI. Do not submit this
                                                                                                          or other information whose disclosure is               information to EPA through
                                                  ■ 3. The authority citation for 37 CFR                  restricted by statute.                                 regulations.gov or email. Clearly mark
                                                  part 7 continues to read as follows:                      • Mail: OPP Docket, Environmental                    the part or all of the information that
                                                    Authority: 15 U.S.C. 1123, 35 U.S.C. 2,               Protection Agency Docket Center (EPA/                  you claim to be CBI. For CBI
                                                  unless otherwise noted.                                 DC), (28221T), 1200 Pennsylvania Ave.                  information in a disk or CD–ROM that
                                                                                                          NW., Washington, DC 20460–0001.                        you mail to EPA, mark the outside of the
                                                  ■ 4. Amend § 7.37 by revising paragraph
                                                                                                            • Hand Delivery: To make special                     disk or CD–ROM as CBI and then
                                                  (h) to read as follows:
                                                                                                          arrangements for hand delivery or                      identify electronically within the disk or
                                                  § 7.37 Requirements for a complete                      delivery of boxed information, please                  CD–ROM the specific information that
                                                  affidavit or declaration of use in commerce             follow the instructions at http://                     is claimed as CBI. In addition to one
                                                  or excusable nonuse.
                                                                                                          www.epa.gov/dockets/contacts.html.                     complete version of the comment that
                                                  *      *    *     *     *                                                                                      includes information claimed as CBI, a
                                                                                                          Additional instructions on commenting
                                                     (h) The Office may require the holder                                                                       copy of the comment that does not
                                                                                                          or visiting the docket, along with more                contain the information claimed as CBI
                                                  to furnish such information, exhibits,
                                                                                                          information about dockets generally, is                must be submitted for inclusion in the
                                                  affidavits or declarations, and such
                                                                                                          available at http://www.epa.gov/                       public docket. Information so marked
                                                  additional specimens as may be
                                                                                                          dockets.                                               will not be disclosed except in
                                                  reasonably necessary to the proper
                                                  examination of the affidavit or                         FOR FURTHER INFORMATION CONTACT:                       accordance with procedures set forth in
                                                  declaration under section 71 of the Act                 Robert McNally, Biopesticides and                      40 CFR part 2.
                                                  or for the Office to assess and promote                 Pollution Prevention Division (BPPD)                      2. Tips for preparing your comments.
                                                  the accuracy and integrity of the                       (7511P), main telephone number: (703)                  When preparing and submitting your
                                                  register.                                               305–7090; email address:                               comments, see the commenting tips at
                                                  *      *    *     *     *                               BPPDFRNotices@epa.gov., Susan Lewis,                   http://www.epa.gov/dockets/
                                                                                                          Registration Division (RD) (7505P), main               comments.html.
                                                    Dated: June 16, 2016.                                 telephone number: (703) 305–7090;                         3. Environmental justice. EPA seeks to
                                                  Michelle K. Lee,                                        email address: RDFRNotices@epa.gov.                    achieve environmental justice, the fair
                                                  Under Secretary of Commerce for Intellectual            The mailing address for each contact                   treatment and meaningful involvement
                                                  Property and Director of the United States              person is: Office of Pesticide Programs,               of any group, including minority and/or
                                                  Patent and Trademark Office.                            Environmental Protection Agency, 1200                  low-income populations, in the
                                                  [FR Doc. 2016–14791 Filed 6–21–16; 8:45 am]             Pennsylvania Ave. NW., Washington,                     development, implementation, and
                                                  BILLING CODE 3510–16–P                                  DC 20460–0001. As part of the mailing                  enforcement of environmental laws,
                                                                                                          address, include the contact person’s                  regulations, and policies. To help
                                                                                                          name, division, and mail code. The                     address potential environmental justice
                                                  ENVIRONMENTAL PROTECTION                                division to contact is listed at the end               issues, the Agency seeks information on
                                                  AGENCY                                                  of each pesticide petition summary.                    any groups or segments of the
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 population who, as a result of their
                                                  40 CFR Parts 174 and 180                                                                                       location, cultural practices, or other
                                                  [EPA–HQ–OPP–2015–0032; FRL–9947–32]
                                                                                                          I. General Information                                 factors, may have atypical or
                                                                                                          A. Does this action apply to me?                       disproportionately high and adverse
                                                  Receipt of Several Pesticide Petitions                                                                         human health impacts or environmental
                                                  Filed for Residues of Pesticide                            You may be potentially affected by                  effects from exposure to the pesticides
                                                  Chemicals in or on Various                              this action if you are an agricultural                 discussed in this document, compared
                                                  Commodities                                             producer, food manufacturer, or                        to the general population.
                                                                                                          pesticide manufacturer. The following
                                                  AGENCY:  Environmental Protection                       list of North American Industrial                      II. What action is the Agency taking?
                                                  Agency (EPA).                                           Classification System (NAICS) codes is                    EPA is announcing its receipt of
                                                  ACTION: Notice of filing of petitions and               not intended to be exhaustive, but rather              several pesticide petitions filed under
                                                  request for comment.                                    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.
                                                  SUMMARY:   This document announces the                  applies to them. Potentially affected                  346a, requesting the establishment or
                                                  Agency’s receipt of several initial filings             entities may include:                                  modification of regulations in 40 CFR
                                                  of pesticide petitions requesting the                      • Crop production (NAICS code 111).                 part 174 or part 180 for residues of
                                                  establishment or modification of                           • Animal production (NAICS code                     pesticide chemicals in or on various
                                                  regulations for residues of pesticide                   112).                                                  food commodities. The Agency is taking
                                                  chemicals in or on various commodities.                    • Food manufacturing (NAICS code                    public comment on the requests before
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  DATES: Comments must be received on                     311).                                                  responding to the petitioners. EPA is not
                                                  or before July 22, 2016.                                   • Pesticide manufacturing (NAICS                    proposing any particular action at this
                                                  ADDRESSES: Submit your comments,                        code 32532).                                           time. EPA has determined that the
                                                  identified by docket identification (ID)                   If you have any questions regarding                 pesticide petitions described in this
                                                  number and the pesticide petition                       the applicability of this action to a                  document contain the data or
                                                  number (PP) of interest as shown in the                 particular entity, consult the person                  information prescribed in FFDCA
                                                  body of this document, by one of the                    listed under FOR FURTHER INFORMATION                   section 408(d)(2), 21 U.S.C. 346a(d)(2);
                                                  following methods:                                      CONTACT for the division listed at the                 however, EPA has not fully evaluated


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                                                                        Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Proposed Rules                                           40595

                                                  the sufficiency of the submitted data at                   PP 5F8421. EPA–HQ–OPP–2015–                         labeled analytes as internal standards.
                                                  this time or whether the data support                   0825. BASF Corporation, 26 Davis                       The limit of quantification (LOQ) for
                                                  granting of the pesticide petitions. After              Drive, P.O. Box 13528, Research                        each analyte is 0.01 ppm for all
                                                  considering the public comments, EPA                    Triangle Park, NC 27709, requests to                   commodities. This method is used to
                                                  intends to evaluate whether and what                    establish a tolerance in 40 CFR part 180               measure and evaluate spirotetramat.
                                                  action may be warranted. Additional                     for residues of the herbicide                          Contact RD.
                                                  data may be needed before EPA can                       topramezone (3-(4,5-Dihydro-isoxazol-3-                   PP 6E8477. EPA–HQ–OPP–2013–
                                                  make a final determination on these                     yl)-4-methanesulfonyl-2-methylphenyl]-                 0235. IR–4, 500 College Road East, Suite
                                                  pesticide petitions.                                    (5-hydroxyl-1-methyl-1H-pyrazol-4-                     201 W, Princeton, NJ 08540, requests to
                                                    Pursuant to 40 CFR 180.7(f), a                        yl)methanone) in or on sugarcane, cane                 establish a tolerance in 40 CFR part 180
                                                  summary of each of the petitions that                   at 0.01 ppm. The LC/MS/MS is used to                   for residues of the insecticide
                                                  are the subject of this document,                       measure and evaluate the chemical                      chlorantraniliprole, 3-bromo-N-[4-
                                                  prepared by the petitioner, is included                 topramezone (3-(4,5-Dihydro-isoxazol-3-                chloro-2-methyl-6-[(methylamino)-
                                                  in a docket EPA has created for each                    yl)-4-methanesulfonyl-2-methylphenyl]-                 carbonyl]phenyl]-1-(3-chloro-2-
                                                  rulemaking. The docket for each of the                  (5-hydroxyl-1-methyl-1H-pyrazol-4-                     pyridinyl)-1H-pyrazole-5-carboxamide
                                                  petitions is available at http://                       yl)methanone). Contact: RD.                            in or on the raw agricultural
                                                  www.regulations.gov.                                       PP 6E8464. EPA–HQ–OPP–2016–                         commodities teff, forage at 40 ppm; teff,
                                                    As specified in FFDCA section                         0257. Interregional Research No. 4 (IR–                grain at 6.0 ppm; teff, hay at 40 ppm;
                                                  408(d)(3), 21 U.S.C. 346a(d)(3), EPA is                 4), Rutgers, The State University of New               teff, straw at 40 ppm; quinoa, forage at
                                                  publishing notice of the petitions so that              Jersey, 500 College Road East, Suite 201               40 ppm; quinoa, grain at 6.0 ppm;
                                                  the public has an opportunity to                        W, Princeton, NJ 08540, requests to                    quinoa, hay at 40 ppm; and quinoa,
                                                  comment on these requests for the                       establish tolerances in 40 CFR part                    straw at 40 ppm. Analytical
                                                                                                          180.627 for residues of the fungicide                  methodology has been developed and
                                                  establishment or modification of
                                                                                                          fluopicolide [2,6-dichloro-N-[[3-chloro-               validated for enforcement purposes.
                                                  regulations for residues of pesticides in
                                                                                                          5-(trifluoromethyl)-2-                                 Contact: RD.
                                                  or on food commodities. Further
                                                                                                          pyridinyl]methyl]benzamide], including
                                                  information on the petitions may be                                                                            Amended Tolerances
                                                                                                          its metabolites and degradates, in or on
                                                  obtained through the petition                                                                                     PP 5F8380. EPA–HQ–OPP–2015–
                                                                                                          the raw agricultural commodities: Basil,
                                                  summaries referenced in this unit.                                                                             0745. Bayer CropScience, 2 TW
                                                                                                          dried leaves at 200 ppm; basil, fresh
                                                  New Tolerances                                          leaves at 30 ppm; bean, succulent at 0.9               Alexander Drive, P.O. Box 12014,
                                                                                                          ppm; citrus, dried pulp at 0.048 ppm;                  Research Triangle Park, NC 27709,
                                                     PP 5F8380. EPA–HQ–OPP–2015–                                                                                 requests to amend the tolerance in 40
                                                                                                          citrus, oil at 1.94 ppm; hop, dried cones
                                                  0745. Bayer CropScience, 2 TW                                                                                  CFR 180.555 for residues of the
                                                                                                          at 15 ppm; fruit, citrus, group10–10 at
                                                  Alexander Drive, P.O. Box 12014,                                                                               fungicide trifloxystrobin in or on corn,
                                                                                                          0.02 ppm; fruit, small, vine climbing,
                                                  Research Triangle Park, NC 27709,                                                                              field, forage at 8 ppm. Either a method
                                                                                                          except fuzzy kiwifruit, subgroup 13–07F
                                                  requests to establish a tolerance in 40                 at 2.0 ppm; and vegetable, fruiting,                   based on gas chromatography with
                                                  CFR part 180.555 for residues of the                    group 8–10 at 1.60 ppm. The analytical                 nitrogen-phosphorus detection, or LC/
                                                  fungicide trifloxystrobin in or on:                     method consisting of high pressure LC/                 MS/MS are used to measure and
                                                  Cotton, gin byproducts at 3 parts per                   MS/MS is used to measure and evaluate                  evaluate the chemical trifloxystrobin
                                                  million (ppm); and cotton, undelinted                   the chemical fluopicolide. Contact: RD.                and the free form of its acid metabolite
                                                  seed (Crop subgroup 20C) at 0.5 ppm.                       PP 6E8467. EPA–HQ–OPP–2016–                         CGA–321113 ((E,E)-methoxyimino-[2-[1-
                                                  Either gas chromatography with                          0255. IR–4, Rutgers, The State                         (3-trifluoromethyl-phenyl)-
                                                  nitrogen-phosphorus detection, or                       University of New Jersey, 500 College                  ethylideneaminooxymethyl]-
                                                  liquid chromatography/mass                              Road East, Suite 201 W, Princeton, NJ                  phenyl]acetic acid). Contact: RD.
                                                  spectrometry/mass spectrometry (LC/                     08540, requests to establish tolerances                   PP 6E8464. EPA–HQ–OPP–2016–
                                                  MS/MS) are used to measure and                          in 40 CFR part 180 for the residues of                 0257. IR–4, Rutgers, The State
                                                  evaluate the chemical trifloxystrobin                   the insecticide spirotetramat (cis-3-(2,5-             University of New Jersey, 500 College
                                                  and the free form of its acid metabolite                dimethlyphenyl)-8-methoxy-2-oxo-1-                     Road East, Suite 201 W, Princeton, NJ
                                                  CGA–321113 ((E,E)-methoxyimino-[2-[1-                   azaspiro[4.5]dec-3-en-4-yl-ethyl                       08540, requests to amend the tolerances
                                                  (3-trifluoromethyl-phenyl)-                             carbonate) and its metabolites cis-3-(2,5-             in 40 CFR 180.627, upon establishment
                                                  ethylideneaminooxymethyl]-                              dimethylphenyl)-4-hydroxy-8-methoxy-                   of the tolerances referenced above under
                                                  phenyl]acetic acid). Contact: RD.                       1-azaspiro[4.5]dec-3-en-2-one, cis-3-                  ‘‘New Tolerances’’, to remove existing
                                                     PP 5F8417. EPA–HQ–OPP–2015–                          (2,5-dimethylphenyl)-3-hydroxy-8-                      tolerances for residues of the fungicide
                                                  0787. K–I Chemical USA. Inc., 11                        methoxy-1-azaspiro[4.5]decane-2,4-                     fluopicolide [2,6-dichloro-N-[[3-chloro-
                                                  Martine Ave., Suite 970, White Plains,                  dione, cis-3-(2,5-dimethylphenyl)-8-                   5-(trifluoromethyl)-2-
                                                  NY 10606, requests to establish                         methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-                 pyridinyl]methyl]benzamide], including
                                                  tolerances in 40 CFR 180.659 for                        4-yl beta-D-glucopyranoside, and cis-3-                its metabolites and degradates, in or on
                                                  residues of the herbicide, pyroxasulfone                (2,5-dimethylphenyl)-4-hydroxy-8-                      the raw agricultural commodities grape
                                                  (3-[(5-(difluoromethoxy)-1-methyl-3-                    methoxy-1-azaspiro[4.5]decan-2-one,                    at 2.0 ppm and vegetable, fruiting, group
                                                  (trifluoromethyl) pyrazole-4-                           calculated as the stoichiometric                       8 at 1.60 ppm. The analytical method
                                                  ylmethylsulfonyl]-4,5-dihydro-5,5-                      equivalent of spirotetramat, in or on the              consisting of LC/MS/MS is used to
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  dimethyl-1,2-oxazole) and its                           raw agricultural commodities carrot,                   measure and evaluate the chemical
                                                  metabolites in or on dried shelled peas                 roots at 0.15 ppm; fruit, stone, group                 fluopicolide. Contact: RD.
                                                  and beans (crop subgroup 6C) at 0.09                    12–12 at 4.5 ppm; and nut, tree, group                    PP 6E8467. EPA–HQ–OPP–2016–
                                                  ppm, flax at 0.01 ppm, peanut at 0.2                    14–12 at 0.25 ppm. Analytical                          0255. IR–4, IR–4 Project Headquarters,
                                                  ppm, and peanut hay at 2 ppm. The LC/                   methodology to determine residues of                   500 College Road East, Suite 201 W,
                                                  MS/MS has been proposed to enforce                      spirotetramat in raw agricultural                      Princeton, New Jersey, 08540, requests
                                                  the tolerance expression for                            commodities includes high pressure LC/                 to amend 40 CFR part 180.641 by
                                                  pyroxasulfone. Contact: RD.                             MS/MS using the stable isotopically                    removing the established tolerances for


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                                                  40596                 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Proposed Rules

                                                  the residues of the insecticide                         DEPARTMENT OF HEALTH AND                                  4. By hand or courier. If you prefer,
                                                  spirotetramat (cis-3-(2,5-                              HUMAN SERVICES                                         you may deliver (by hand or courier)
                                                  dimethlyphenyl)-8-methoxy-2-oxo-1-                                                                             your written comments before the close
                                                  azaspiro[4.5]dec-3-en-4-yl-ethyl                        Centers for Medicare & Medicaid                        of the comment period to either of the
                                                  carbonate) and its metabolites cis-3-(2,5-              Services                                               following addresses:
                                                  dimethylphenyl)-4-hydroxy-8-methoxy-                                                                              a. For delivery in Washington, DC—
                                                  1-azaspiro[4.5]dec-3-en-2-one, cis-3-                   42 CFR Parts 431 and 457                               Centers for Medicare & Medicaid
                                                  (2,5-dimethylphenyl)-3-hydroxy-8-                                                                              Services, Department of Health and
                                                                                                          [CMS–6068–P]
                                                                                                                                                                 Human Services, Room 445–G, Hubert
                                                  methoxy-1-azaspiro[4.5]decane-2,4-
                                                                                                          RIN 0938–AS74                                          H. Humphrey Building, 200
                                                  dione, cis-3-(2,5-dimethylphenyl)-8-
                                                                                                                                                                 Independence Avenue SW.,
                                                  methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-                  Medicaid/CHIP Program; Medicaid                        Washington, DC 20201.
                                                  4-yl beta-D-glucopyranoside, and cis-3-                 Program and Children’s Health                             (Because access to the interior of the
                                                  (2,5-dimethylphenyl)-4-hydroxy-8-                       Insurance Program (CHIP); Changes to                   Hubert H. Humphrey Building is not
                                                  methoxy-1-azaspiro[4.5]decan-2-one,                     the Medicaid Eligibility Quality Control               readily available to persons without
                                                  calculated as the stoichiometric                        and Payment Error Rate Measurement                     federal government identification,
                                                  equivalent of spirotetramat, in or on                   Programs in Response to the                            commenters are encouraged to leave
                                                  fruit, stone, group 12 at 4.5 ppm; nut,                 Affordable Care Act                                    their comments in the CMS drop slots
                                                  tree, group 14 at 0.25 ppm; and                                                                                located in the main lobby of the
                                                                                                          AGENCY:  Centers for Medicare &
                                                  pistachio at 0.25 ppm upon                                                                                     building. A stamp-in clock is available
                                                                                                          Medicaid Services (CMS), HHS.
                                                  establishment of aforementioned ‘‘New                                                                          for persons wishing to retain a proof of
                                                                                                          ACTION: Proposed rule.                                 filing by stamping in and retaining an
                                                  Tolerances under PP 6E8467’’. Contact
                                                  RD.                                                     SUMMARY:    This proposed rule would                   extra copy of the comments being filed.)
                                                                                                                                                                    b. For delivery in Baltimore, MD—
                                                  New Tolerance Exemptions                                update the Medicaid Eligibility Quality
                                                                                                                                                                 Centers for Medicare & Medicaid
                                                                                                          Control (MEQC) and Payment Error Rate
                                                                                                                                                                 Services, Department of Health and
                                                    PP 5F8410. EPA–HQ–OPP–2016–                           Measurement (PERM) programs based
                                                                                                                                                                 Human Services, 7500 Security
                                                  0284. AFS009 Plant Protection, Inc., 104                on the changes to Medicaid and the
                                                                                                                                                                 Boulevard, Baltimore, MD 21244–1850.
                                                  T.W. Alexander Dr., Building 18,                        Children’s Health Insurance Program                       If you intend to deliver your
                                                  Research Triangle Park, NC 27709,                       (CHIP) eligibility under the Patient                   comments to the Baltimore address,
                                                  requests to establish an exemption from                 Protection and Affordable Care Act.                    please call (410) 786–7195 in advance to
                                                  the requirement of a tolerance in 40 CFR                This proposed rule would also                          schedule your arrival with one of our
                                                  part 180 for residues of the fungicide                  implement various other improvements                   staff members.
                                                  Pseudomonas chlororaphis subsp.                         to the PERM program.                                      Comments mailed to the addresses
                                                  aurantiaca strain AFS009 in or on all                   DATES: To be assured consideration,                    indicated as appropriate for hand or
                                                  food commodities. The petitioner                        comments must be received at one of                    courier delivery may be delayed and
                                                  believes no analytical method is needed                 the addresses provided below, no later                 received after the comment period.
                                                  because it is expected that, when used                  than 5 p.m. on August 22, 2016.                           For information on viewing public
                                                  as proposed, Pseudomonas chlororaphis                   ADDRESSES: In commenting, please refer                 comments, see the beginning of the
                                                                                                          to file code CMS–6068–P. Because of                    SUPPLEMENTARY INFORMATION section.
                                                  subsp. aurantiaca strain AFS009 would
                                                                                                          staff and resource limitations, we cannot              FOR FURTHER INFORMATION CONTACT:
                                                  not result in residues that are of
                                                                                                          accept comments by facsimile (FAX)                     Bridgett Rider, (410) 786–2602.
                                                  toxicological concern. Contact: BPPD.
                                                                                                          transmission.                                          SUPPLEMENTARY INFORMATION:
                                                    PP 6G8453. EPA–HQ–OPP–2016–                              You may submit comments in one of                      Inspection of Public Comments: All
                                                  0279. Monsanto Company, 800 N.                          four ways (please choose only one of the               comments received before the close of
                                                  Lindbergh Blvd., St. Louis, MO 63167,                   ways listed):                                          the comment period are available for
                                                  requests to establish a temporary                          1. Electronically. You may submit                   viewing by the public, including any
                                                  exemption from the requirement of a                     electronic comments on this regulation                 personally identifiable or confidential
                                                  tolerance in 40 CFR part 174 for                        to http://www.regulations.gov. Follow                  business information that is included in
                                                  residues of the plant-incorporated                      the instructions under the ‘‘More Search               a comment. We post all comments
                                                  protectant (PIP) Bacillus thuringiensis                 Options’’ tab.                                         received before the close of the
                                                  Cry51Aa2.834_16 (mCry51Aa2) protein                        2. By regular mail. You may mail                    comment period on the following Web
                                                  in or on cotton. The petitioner believes                written comments to the following                      site as soon as possible after they have
                                                  no analytical method is needed because                  address ONLY: Centers for Medicare &                   been received: http://
                                                  this petition is requesting a temporary                 Medicaid Services, Department of                       www.regulations.gov. Follow the search
                                                  exemption from the requirement of a                     Health and Human Services, Attention:                  instructions on that Web site to view
                                                  tolerance without numerical limitation.                 CMS–6068–P, P.O. Box 8016, Baltimore,                  public comments.
                                                  Contact: BPPD.                                          MD 21244–8016.                                            Comments received timely will also
                                                                                                             Please allow sufficient time for mailed             be available for public inspection as
                                                     Authority: 21 U.S.C. 346a.                           comments to be received before the                     they are received, generally beginning
                                                    Dated: June 13, 2016.                                 close of the comment period.                           approximately 3 weeks after publication
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  Daniel J. Rosenblatt,                                      3. By express or overnight mail. You                of a document, at the headquarters of
                                                                                                          may send written comments to the                       the Centers for Medicare & Medicaid
                                                  Director, Registration Division, Office of
                                                                                                          following address ONLY: Centers for                    Services, 7500 Security Boulevard,
                                                  Pesticide Programs.
                                                                                                          Medicare & Medicaid Services,                          Baltimore, Maryland 21244, Monday
                                                  [FR Doc. 2016–14816 Filed 6–21–16; 8:45 am]
                                                                                                          Department of Health and Human                         through Friday of each week from 8:30
                                                  BILLING CODE 6560–50–P                                  Services, Attention: CMS–6068–P, Mail                  a.m. to 4 p.m. EST. To schedule an
                                                                                                          Stop C4–26–05, 7500 Security                           appointment to view public comments,
                                                                                                          Boulevard, Baltimore, MD 21244–1850.                   phone 1–800–743–3951.


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Document Created: 2016-06-22 01:06:14
Document Modified: 2016-06-22 01:06:14
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 July 22, 2016.
ContactRobert McNally, Biopesticides and Pollution Prevention Division (BPPD) (7511P), main telephone number:
FR Citation81 FR 40594 
CFR Citation40 CFR 174
40 CFR 180

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