81 FR 71668 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 201 (October 18, 2016)

Page Range		71668-71669
FR Document		2016-25146
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 201 (Tuesday, October 18, 2016)
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Proposed Rules]
[Pages 71668-71669]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25146]



[[Page 71668]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0032; FRL-9952-19]


Receipt of Several Pesticide Petitions Filed for Residues of 
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petitions and request for comment.

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SUMMARY: This document announces the Agency's receipt of several 
initial filings of pesticide petitions requesting the establishment or 
modification of regulations for residues of pesticide chemicals in or 
on various commodities.

DATES: Comments must be received on or before November 17, 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: Michael L. Goodis, Registration 
Division (RD) (7505P), main telephone number: (703) 305-7090; email 
address: [email protected]. The mailing address for each contact 
person is: Office of Pesticide Programs, Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. As part 
of the mailing address, include the contact person's name, division, 
and mail code. The division to contact is listed at the end of each 
pesticide petition summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed under FOR 
FURTHER INFORMATION CONTACT for the division listed at the end of the 
pesticide petition summary of interest.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low-income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the pesticides 
discussed in this document, compared to the general population.

II. What action is the agency taking?

    EPA is announcing its receipt of several pesticide petitions filed 
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a, requesting the establishment or modification of 
regulations in 40 CFR part 180 for residues of pesticide chemicals in 
or on various food commodities. The Agency is taking public comment on 
the requests before responding to the petitioners. EPA is not proposing 
any particular action at this time. EPA has determined that the 
pesticide petitions described in this document contain the data or 
information prescribed in FFDCA section 408(d)(2), 21 U.S.C. 
346a(d)(2); however, EPA has not fully evaluated the sufficiency of the 
submitted data at this time or whether the data support granting of the 
pesticide petitions. After considering the public comments, EPA intends 
to evaluate whether and what action may be warranted. Additional data 
may be needed before EPA can make a final determination on these 
pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions 
that are the subject of this document, prepared by the petitioner, is 
included in a docket EPA has created for each rulemaking. The docket 
for each of the petitions is available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA 
is publishing notice of the petition so that the public has an 
opportunity to comment on this request for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petition may be obtained 
through the petition summary referenced in this unit.

New Tolerances

    1. PP 5E8431. (EPA-HQ-OPP-2016-0087). Bayer CropScience LP, 2 T.W. 
Alexander Dr., Research Triangle Park, NC, requests to establish a 
tolerance in 40 CFR part 180.435 for residues of the insecticide, 
deltamethrin, in or on orange, fruit at 0.3 ppm, orange, dried pulp at 
3 ppm, and orange, oil at 50 ppm. The gas chromatography equipped with 
an electron capture detector (GC/ECD) is used to measure and evaluate 
the chemical cis-deltamethrin, alpha-R-

[[Page 71669]]

deltamethrin and trans-deltamethrin. Contact: RD.
    2. PP 6E8482. (EPA-HQ-OPP-2016-0352). Interregional Research No 4 
(IR-4) Project, Rutgers, The State University of New Jersey, 500 
College Road East, Suite 201 W., Princeton, NJ 08540, requests to 
establish a tolerance in 40 CFR part 180.442 for residues of the 
insecticide, Bifenthrin (2-methyl [1,1'-biphenyl]-3-yl) methyl-3-(2-
chloro-3,3,3,-trifluoro-1-propenyl)-2,2-dimethylcyclopropanecarboxylate 
in or on apple, wet pomace at 1.3 ppm; avocado at 0.50 ppm; berry, low 
growing, subgroup 13-07G at 3.0 ppm; brassica, leafy greens, subgroup 
4-16B at 15 ppm; caneberry subgroup 13-07A at 1.0 ppm; fruit, citrus, 
group 10-10 at 0.05 ppm; fruit, pome, group 11-10, except mayhaw, at 
0.70 ppm; fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 
13-07F at 0.20 ppm; nut, tree, group 14-12 at 0.05 ppm; peach, subgroup 
12-12B at 0.70 ppm; pepper/eggplant subgroup 8-10B at 0.50 ppm; 
pomegranate at 0.50 ppm; and tomato, subgroup 8-10A at 0.30 ppm. The 
GC/ECD is used to measure and evaluate the chemical bifenthrin. 
Contact: RD.
    3. PP 6E8483. (EPA-HQ-OPP-2016-0448). 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 
180.686 for residues of the fungicide, benzovindiflupyr (N-[9-
(dichloromethylene)-1,2,3,4-tetrahydro-1,4-methanonaphthalen-5-yl]-3-
(difluoromethyl)-1-methyl-1H-pyrazole-4-carboxamide) in or on onion, 
bulb, subgroup 3-07A at 0.02 ppm and onion, green, subgroup 3-07B at 
0.4 ppm. The multi-residue analytical method consisting of high 
pressure liquid chromatography with tandem mass spectrometry (LC/MS/MS) 
is used to measure and evaluate the chemical benzovindiflupyr. Contact: 
RD.
    4. PP 6E8484. (EPA-HQ-OPP-2016-0475). 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 
180.475 for residues of the fungicide difenoconazole, 1-[2-[2-chloro-4-
(4-chlorophenoxy)phenyl]-4-methyl-1,3-dioxolan-2-ylmethyl]-1H-1,2,4,--
triazole, including its metabolites and degradates, in or on brassica, 
leafy greens, subgroup 4-16B at 35 ppm; cranberry at 0.6 ppm; fruit, 
small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 4.0 
ppm; guava at 3.0 ppm; kohlrabi at 2.0 ppm; papaya at 0.6 ppm; and 
vegetable, brassica, head and stem, group 5-16 at 2.0 ppm. Available 
analytical methods for crops include gas chromatography (GC) equipped 
with a nitrogen-phosphorous detector; and LC/MS/MS; and for meat, milk, 
poultry or eggs, Syngenta's method, AG544A, is used to measure and 
evaluate the chemical difenoconazole. Contact: RD.

Amended Tolerances

    1. PP 6E8482. (EPA-HQ-OPP-2016-0352). IR-4 Project, Rutgers, The 
State University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08540, proposes upon establishment of tolerances 
referenced above under ``New Tolerances'' to remove existing tolerances 
in 40 CFR 180.442 for residues of the insecticide, Bifenthrin (2-methyl 
[1,1'-biphenyl]-3-yl) methyl-3-(2-chloro-3,3,3,-trifluoro-1-propenyl)-
2,2-dimethylcyclopropanecarboxylate in or on apple at 0.5 parts per 
million (ppm) brassica, leafy greens, subgroup 5B at 3.5 ppm; 
caneberry, subgroup 13A at 1.0 ppm; eggplant 0.05 ppm; fruit, citrus, 
group 10 at 0.05 ppm; grape at 0.20 ppm; groundcherry 0.5 ppm; 
nectarine at 0.5 ppm; nut, tree, group 14 at 0.05 ppm; okra at 0.50 
ppm; peach at 0.5 ppm; pear at 0.5 ppm; pepino 0.5 ppm; pepper, bell at 
0.5 ppm; pepper, nonbell at 0.5 ppm; pistachio at 0.05 ppm; strawberry 
at 3.0 ppm; tomato at 0.15 ppm; and turnip, greens at 3.5 ppm. The GC/
ECD is used to measure and evaluate the chemical bifenthrin. Contact: 
RD.
    2. PP 6E8484. (EPA-HQ-OPP-2016-0475). IR-4, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W., 
Princeton, NJ 08540, requests that upon establishing tolerances for 
this petition under ``New Tolerances'' above, 40 CFR part 180.475 is 
amended to remove existing tolerances for residues of the fungicide 
difenoconazole, 1-[2-[2-chloro-4-(4-chlorophenoxy)phenyl]-4-methyl-1,3-
dioxolan-2-ylmethyl]-1H-1,2,4,--triazole, including its metabolites and 
degradates, in or on brassica, head and stem, subgroup 5A at 1.9 ppm, 
brassica, leafy greens, subgroup 5B at 35 ppm; grape at 4.0 ppm; and 
turnip, greens at 35 ppm. Contact: RD

Tolerance Exemptions

    1. PP IN-10922. (EPA-HQ-OPP-2016-0487). Itaconix, 2 Marin Way, 
Stratham, NH 03885, requests to establish an exemption from the 
requirement of a tolerance for residues of butanedioic acid, 2-
methylene-, telomer with sodium phosphinate (1:1), acidified, potassium 
salt, 4000 amu, (CAS Reg. No. 1663489-14-2) with a number-average 
molecular weight (in amu) of 3811 grams/mole when used as an inert 
ingredient in pesticide formulations under 40 CFR 180.960. The 
petitioner believes no analytical method is needed because it is not 
required for an exemption from the requirement of a tolerance. Contact: 
RD.
    2. PP IN-10905. (EPA-HQ-OPP-2016-0472). Technology Sciences Group 
(1150 18th St., NW., Suite 1000, Washington, DC 20036) on behalf of 
Central Garden & Pet (1501 East Woodfield Road, Suite 200 West, 
Schaumburg, IL 60173) requests to establish an exemption from the 
requirement of a tolerance for residues of ethoxyquin (CAS Reg No. 91-
53-2) when used as an inert ingredient (antioxidant and stabilizing 
agent) in pesticide formulations applied to animals under 40 CFR 
180.930 at a concentration not to exceed 0.015% by weight (150 ppm) in 
finished feed-through pesticide formulations. The petitioner believes 
no analytical method is needed because it is not required for an 
exemption from the requirement of a tolerance. Contact: RD

Tolerance Exemption Amended

    1. PP IN-10965. (EPA-HQ-OPP-2016-0500). Monsanto Company, 1300 I 
Street NW., Suite 450 East, Washington, DC 20005, requests to amend the 
exemption from the requirement of a tolerance in 40 CFR 180.910 for 
residues of mono-, di-, and trimethylnapthalenesulfonic acids and 
napthalenesulfonic acids formaldehyde condensates, ammonium and 
potassium salts (CAS Reg. Nos. 9008-63-3, 9069-80-1, 9084-06-4, 36290-
04-7, 91078-68-1, 141959-43-5, 68425-94-5) to include the corresponding 
potassium salt (CAS Reg. No. 67828-14-2) when used as an inert 
ingredient (surfactant, related adjuvant of surfactant in pesticide 
formulations applied to growing crops and raw agricultural commodities 
after harvest. The petitioner believes no analytical method is needed 
because it is not required for an exemption from the requirement of a 
tolerance. Contact: RD.

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

    Dated: September 30, 2016.
Michael Goodis,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-25146 Filed 10-17-16; 8:45 am]
 BILLING CODE 6560-50-P
71668 Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Proposed Rules

ENVIRONMENTAL PROTECTION I. General Information factors, may have atypical or
AGENCY disproportionately high and adverse
A. Does this action apply to me?
human health impacts or environmental
40 CFR Part 180 You may be potentially affected by effects from exposure to the pesticides
this action if you are an agricultural discussed in this document, compared
[EPA–HQ–OPP–2015–0032; FRL–9952–19] producer, food manufacturer, or to the general population.
pesticide manufacturer. The following
Receipt of Several Pesticide Petitions list of North American Industrial II. What action is the agency taking?
Filed for Residues of Pesticide Classification System (NAICS) codes is EPA is announcing its receipt of
Chemicals in or on Various not intended to be exhaustive, but rather several pesticide petitions filed under
Commodities 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.
AGENCY: Environmental Protection applies to them. Potentially affected 346a, requesting the establishment or
Agency (EPA). entities may include: modification of regulations in 40 CFR
ACTION: Notice of filing of petitions and • Crop production (NAICS code 111). part 180 for residues of pesticide
request for comment. • Animal production (NAICS code chemicals in or on various food
112). commodities. The Agency is taking
SUMMARY: This document announces the • Food manufacturing (NAICS code public comment on the requests before
Agency’s receipt of several initial filings 311). responding to the petitioners. EPA is not
of pesticide petitions requesting the • Pesticide manufacturing (NAICS proposing any particular action at this
establishment or modification of code 32532).
regulations for residues of pesticide time. EPA has determined that the
If you have any questions regarding
chemicals in or on various commodities. pesticide petitions described in this
the applicability of this action to a
document contain the data or
DATES: Comments must be received on particular entity, consult the person
information prescribed in FFDCA
or before November 17, 2016. listed under FOR FURTHER INFORMATION
section 408(d)(2), 21 U.S.C. 346a(d)(2);
ADDRESSES: Submit your comments, CONTACT for the division listed at the
however, EPA has not fully evaluated
identified by docket identification (ID) end of the pesticide petition summary of
the sufficiency of the submitted data at
number and the pesticide petition interest.
this time or whether the data support
number (PP) of interest as shown in the B. What should I consider as I prepare granting of the pesticide petitions. After
body of this document, by one of the my comments for EPA? considering the public comments, EPA
following methods: intends to evaluate whether and what
1. Submitting CBI. Do not submit this
• Federal eRulemaking Portal: http:// action may be warranted. Additional
information to EPA through
www.regulations.gov. Follow the online data may be needed before EPA can
regulations.gov or email. Clearly mark
instructions for submitting comments. make a final determination on these
the part or all of the information that
Do not submit electronically any pesticide petitions.
you claim to be CBI. For CBI
information you consider to be Pursuant to 40 CFR 180.7(f), a
information in a disk or CD–ROM that
Confidential Business Information (CBI) summary of each of the petitions that
you mail to EPA, mark the outside of the
or other information whose disclosure is are the subject of this document,
disk or CD–ROM as CBI and then
restricted by statute. prepared by the petitioner, is included
identify electronically within the disk or
• Mail: OPP Docket, Environmental in a docket EPA has created for each
CD–ROM the specific information that
Protection Agency Docket Center (EPA/ rulemaking. The docket for each of the
is claimed as CBI. In addition to one
DC), (28221T), 1200 Pennsylvania Ave., petitions is available at http://
complete version of the comment that
NW., Washington, DC 20460–0001. www.regulations.gov.
includes information claimed as CBI, a
• Hand Delivery: To make special As specified in FFDCA section
copy of the comment that does not
arrangements for hand delivery or 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is
contain the information claimed as CBI
delivery of boxed information, please publishing notice of the petition so that
must be submitted for inclusion in the
follow the instructions at http:// the public has an opportunity to
public docket. Information so marked
www.epa.gov/dockets/contacts.html. comment on this request for the
will not be disclosed except in
Additional instructions on establishment or modification of
accordance with procedures set forth in
commenting or visiting the docket, regulations for residues of pesticides in
40 CFR part 2.
along with more information about or on food commodities. Further
2. Tips for preparing your comments.
dockets generally, is available at http:// information on the petition may be
When preparing and submitting your
www.epa.gov/dockets. obtained through the petition summary
comments, see the commenting tips at
FOR FURTHER INFORMATION CONTACT: http://www.epa.gov/dockets/ referenced in this unit.
Michael L. Goodis, Registration Division comments.html.
(RD) (7505P), main telephone number: New Tolerances
3. Environmental justice. EPA seeks to
(703) 305–7090; email address: achieve environmental justice, the fair 1. PP 5E8431. (EPA–HQ–OPP–2016–
RDFRNotices@epa.gov. The mailing treatment and meaningful involvement 0087). Bayer CropScience LP, 2 T.W.
address for each contact person is: of any group, including minority and/or Alexander Dr., Research Triangle Park,
Office of Pesticide Programs, low-income populations, in the NC, requests to establish a tolerance in
Environmental Protection Agency, 1200 development, implementation, and 40 CFR part 180.435 for residues of the
Lhorne on DSK30JT082PROD with PROPOSALS

Pennsylvania Ave., NW., Washington, enforcement of environmental laws, insecticide, deltamethrin, in or on
DC 20460–0001. As part of the mailing regulations, and policies. To help orange, fruit at 0.3 ppm, orange, dried
address, include the contact person’s address potential environmental justice pulp at 3 ppm, and orange, oil at 50
name, division, and mail code. The issues, the Agency seeks information on ppm. The gas chromatography equipped
division to contact is listed at the end any groups or segments of the with an electron capture detector (GC/
of each pesticide petition summary. population who, as a result of their ECD) is used to measure and evaluate
SUPPLEMENTARY INFORMATION: location, cultural practices, or other the chemical cis-deltamethrin, alpha-R-

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Document Created: 2016-10-17 23:52:33
Document Modified: 2016-10-17 23:52:33
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 filing of petitions and request for comment.
Dates		Comments must be received on or before November 17, 2016.
Contact		Michael L. Goodis, Registration Division (RD) (7505P), main telephone number: (703) 305-7090; email
FR Citation		81 FR 71668