81_FR_89273 81 FR 89036 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

81 FR 89036 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 237 (December 9, 2016)

Page Range89036-89038
FR Document2016-29580

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 237 (Friday, December 9, 2016)
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Proposed Rules]
[Pages 89036-89038]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29580]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0008; FRL-9953-69]


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 January 9, 2017.

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, P.E., Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number: (703) 305-7090; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following

[[Page 89037]]

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.

Amended Tolerance

    1. PP 5F8396. EPA-HQ-OPP-2015-0796. Gowan Company, P.O. Box 5569, 
Yuma, AZ, 85366, requests to amend the tolerances in 40 CFR 180.448 for 
residues of the insecticide hexythiazox in or on Alfalfa, forage from 
15 parts per million (ppm) to 20 ppm; and Alfalfa, hay from 30 ppm to 
60 ppm. High performance liquid chromatography (HPLC) using mass 
spectrometric detection (LC-MS/MS) analytical method is used to measure 
and evaluate residues of hexythiazox and its metabolites containing the 
PT-1-3 moiety. Contact: RD.

New Tolerances

    1. PP 5F8412. EPA-HQ-OPP-2015-0795. Gowan Company, P.O. Box 5569, 
Yuma, AZ, 85366-5569, requests to establish tolerances in 40 CFR part 
180.448 for residues of the insecticide hexythiazox in or on 
Bermudagrass, forage at 40.0 parts per million (ppm); and Bermudagrass, 
hay at 70.0 ppm. High performance liquid chromatography (HPLC) method 
using mass spectrometric detection (LC-MS/MS) is proposed for 
enforcement purposes. Contact: RD.
    2. PP 5F8413. EPA-HQ-OPP-2015-0797. Gowan Company, P.O. Box 5569, 
Yuma, AZ, 85366-5569, requests to establish tolerances in 40 CFR part 
180.448 for residues of the insecticide hexythiazox, in or on Beet, 
sugar, dried pulp at 0.60 parts per million (ppm); Beet, sugar, 
molasses at 0.21 ppm; Beet, sugar, roots at 0.15 ppm; and Beet, sugar, 
tops at 1.5 ppm. High performance liquid chromatography (HPLC) method 
using mass spectrometric detection (LC-MS/MS) is proposed for 
enforcement purposes. Contact: RD.
    3. PP 6E8494. EPA-HQ-OPP-2016-0595. Nichino America, Inc., 4550 New 
Linden Hill Road, Suite 501, Wilmington, DE, 19808, requests to 
establish an import tolerance in 40 CFR part 180.511 for residues of 
the insecticide buprofezin, in or on Rice at 0.3 parts per million 
(ppm). Gas chromatography/mass spectrometry with nitrogen phosphorus 
detection (GC/NPD), and a gas chromatography/mass spectrometry (GC/MS) 
method for confirmation of buprofezin residues in plant commodities is 
proposed for enforcement purposes. Contact: RD.
    4. PP 6F8502. EPA-HQ-OPP-2011-0971. Nichino America, Inc., 4550 New 
Linden Hill Road, Suite 501, Wilmington, DE, 19808, requests to 
establish tolerances in 40 CFR part 180 for residues of the insecticide 
pyrifluquinazon, in or on Almond, hulls at 0.01 parts per million 
(ppm); Brassica, head and stem vegetables (crop group 5-16) at 0.4 ppm; 
Cattle, fat at 0.01 ppm; Cattle, meat at 0.01 ppm; Cattle, meat 
byproducts at 0.01 ppm; Citrus fruits (crop group 10-10) at 0.5 ppm; 
Citrus, oil at 14 ppm; Cotton, gin byproducts at 4 ppm; Cotton, 
undelinted seed at 0.2 ppm; Cucurbit vegetables (crop group 9) at 0.06 
ppm; Fruiting vegetables, tomato (crop group 8-10A) at 0.2 ppm; 
Fruiting vegetables, pepper/eggplant (crop group 8-10B) at 0.15 ppm; 
Goat, fat at 0.01 ppm; Goat, meat at 0.01 ppm; Goat, meat byproducts at 
0.01ppm; Horse, fat at 0.01 ppm; Horse, meat at 0.01 ppm; Horse, meat 
byproducts at 0.01 ppm; Leaf petiole vegetables (crop subgroup 22B) at 
1.5 ppm; Leafy vegetables (crop group 4-16) at 5 ppm; Milk at 0.01 ppm;

[[Page 89038]]

Pome fruits (crop group 11-10) at 0.04 ppm; Sheep, fat at 0.01 ppm; 
Sheep, meat at 0.01 ppm; Sheep, meat byproducts at 0.01 ppm; Small 
fruit vine climbing subgroup (crop subgroup 13-07F) (except fuzzy 
kiwifruit) at 0.6 ppm; Stone fruits, cherry (crop group 12-12A) at 0.2 
ppm; Stone fruits, peach (crop group 12-12B) at 0.03 ppm; Stone fruits, 
plum (crop group 12-12C) at 0.015 ppm; Tree nuts (crop group 14-12) at 
0.01 ppm; and Tuberous and corm vegetables (crop subgroup 1C) at 0.01 
ppm. Gas chromatography/mass spectrometry with nitrogen phosphorus 
detection (GC/NPD), and a gas chromatography/mass spectrometry (GC/MS) 
method for confirmation of buprofezin residues in plant commodities is 
proposed for enforcement purposes. Contact: RD.
    5. PP 5F8416. EPA-HQ-OPP-2011-0985. ISK Biosciences Corporation, 
7470 Auburn Road, Suite A, Concord, Ohio, 44077, requests to establish 
an import tolerance in 40 CFR part 180.613 for residues of the combined 
residues of the insecticide flonicamid [N-(cyanomethyl)-4-
trifluoromethyl)-3-pyridinecarboxamide (CA) or N-cyanomethyl-4-
trifluoromethylnicotinamide (IUPAC)] and its metabolites, TFNA [4-
trifluoromethylnicotinic acid], TFNA-AM [4-trifluoromethylnicotinamide) 
and TFNG [N(4-trifluoromethylnicotinoyl)-glycine] in or on dried tea 
leaves at 40 parts per million (ppm). Analytical methodology has been 
developed to determine the residues of flonicamid and its three major 
plant metabolites, TFNA, TFNG, and TFNA-AM in various crops. The 
residue analytical method for the majority of crops includes an initial 
extraction with acetonitrile (CAN)/deionized (DI) water, followed by a 
liquid-liquid partition with ethyl acetate. The residue analytical 
method for wheat straw is similar, except that a C18 solid phase 
extraction (SPE) is added prior to the liquid-liquid partition. The 
final sample solution is quantified using a liquid chromatograph (LC) 
equipped with a reverse phase column and a quadruple mass spectrometer 
(MS/MS). Contact: RD.

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

    Dated: November 30, 2016.
Michael Goodis,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-29580 Filed 12-8-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                    89036                  Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules

                                                    2016 control period, an eligible unit                   are subject to potential correction if a                ENVIRONMENTAL PROTECTION
                                                    therefore must have commenced                           unit to which NUSA allowances have                      AGENCY
                                                    commercial operation between January                    been allocated for a given control period
                                                    1, 2015 and November 30, 2016                           is not actually an affected unit as of the              40 CFR Part 180
                                                    (inclusive).                                            start of that control period.7                          [EPA–HQ–OPP–2014–0008; FRL–9953–69]
                                                       The total quantity of allowances to be
                                                    allocated through the 2016 NUSA                            The preliminary lists of units eligible
                                                                                                            for second-round 2016 NUSA allowance                    Receipt of Several Pesticide Petitions
                                                    allowance allocation process for each                                                                           Filed for Residues of Pesticide
                                                    state and emissions trading program—in                  allocations for the three CSAPR annual
                                                                                                                                                                    Chemicals in or on Various
                                                    the two rounds of the allocation process                trading programs are set forth in Excel
                                                                                                                                                                    Commodities
                                                    combined—is generally the state’s 2016                  spreadsheets titled ‘‘CSAPR_NUSA_
                                                    emissions budget less the sum of (1) the                2016_NOX_Annual_2nd_Round_                              AGENCY:  Environmental Protection
                                                    total of the 2016 CSAPR FIP allowance                   Prelim_Data,’’ ‘‘CSAPR_NUSA_2016_                       Agency (EPA).
                                                    allocations to existing units and (2) the               SO2_Group_1_2nd_Round_Prelim_                           ACTION: Notice of filing of petitions and
                                                    amount of the 2016 Indian country                       Data,’’ and ‘‘CSAPR_NUSA_2016_SO2_                      request for comment.
                                                    NUSA, if any.6 The amounts of CSAPR                     Group_2_2nd_Round_Prelim_Data’’
                                                    NOX Annual, SO2 Group 1, and SO2                        available on EPA’s Web site at https://                 SUMMARY:   This document announces the
                                                    Group 2 NUSA allowances may be                          www.epa.gov/csapr/csapr-compliance-                     Agency’s receipt of several initial filings
                                                    increased in certain circumstances as set                                                                       of pesticide petitions requesting the
                                                                                                            year-2016-nusa-nodas. Each
                                                    forth in §§ 97.412(a)(2), 97.612(a)(2),                                                                         establishment or modification of
                                                                                                            spreadsheet contains a separate
                                                    and 97.712(a)(2), respectively.                                                                                 regulations for residues of pesticide
                                                                                                            worksheet for each state covered by that                chemicals in or on various commodities.
                                                       Second-round NUSA allocations for a                  program showing each unit
                                                    given state, trading program, and control                                                                       DATES: Comments must be received on
                                                                                                            preliminarily identified as eligible for a
                                                    period are made only if the NUSA                                                                                or before January 9, 2017.
                                                                                                            second-round NUSA allocation.
                                                    contains allowances after completion of                                                                         ADDRESSES: Submit your comments,
                                                    the first-round allocations.                               Each state worksheet also contains a                 identified by docket identification (ID)
                                                       The amounts of second-round                          summary showing (1) the quantity of                     number and the pesticide petition
                                                    allocations of CSAPR NOX Annual, SO2                    allowances initially available in that                  number (PP) of interest as shown in the
                                                    Group 1, and SO2 Group 2 allowances                     state’s 2016 NUSA, (2) the sum of the                   body of this document, by one of the
                                                    to eligible new units from each NUSA                    2016 NUSA allowance allocations that                    following methods:
                                                    are calculated according to the                         were made in the first-round to new                        • Federal eRulemaking Portal: http://
                                                    procedures set forth in §§ 97.412(a)(9),                units in that state (if any), and (3) the               www.regulations.gov. Follow the online
                                                    (10) and (12), 97.612(a)(9), (10), and                  quantity of allowances in the 2016                      instructions for submitting comments.
                                                    (12), and 97.712(a)(9), (10), and (12),                 NUSA available for distribution in                      Do not submit electronically any
                                                    respectively. Generally, the procedures                 second-round allocations to new units                   information you consider to be
                                                    call for each eligible unit to receive a                (or ultimately for allocation to existing               Confidential Business Information (CBI)
                                                    second-round 2016 NUSA allocation                                                                               or other information whose disclosure is
                                                                                                            units).
                                                    equal to the positive difference, if any,                                                                       restricted by statute.
                                                    between its emissions during the 2016                      Objections should be strictly limited                   • Mail: OPP Docket, Environmental
                                                    annual control periods (i.e., January 1,                to whether EPA has correctly identified                 Protection Agency Docket Center (EPA/
                                                    2016 through December 31, 2016) as                      the new units eligible for second-round                 DC), (28221T), 1200 Pennsylvania Ave.
                                                    reported under 40 CFR part 75 and any                   2016 NUSA allocations of CSAPR NOX                      NW., Washington, DC 20460–0001.
                                                    first-round allocation the unit received,               Annual, SO2 Group 1, and SO2 Group 2                       • Hand Delivery: To make special
                                                    unless the total of such allocations to all             allowances according to the criteria                    arrangements for hand delivery or
                                                    eligible units would exceed the amount                  described above and should be emailed                   delivery of boxed information, please
                                                    of allowances in the NUSA, in which                     to the address identified in ADDRESSES.                 follow the instructions at http://
                                                    case the allocations are reduced on a                   Objections must include: (1) Precise                    www.epa.gov/dockets/contacts.html.
                                                    pro-rata basis.                                         identification of the specific data the                    Additional instructions on
                                                       Any allowances remaining in the                      commenter believes are inaccurate, (2)                  commenting or visiting the docket,
                                                    CSAPR NOX Annual, SO2 Group 1, or                       new proposed data upon which the                        along with more information about
                                                    SO2 Group 2 NUSA for a given state and                  commenter believes EPA should rely                      dockets generally, is available at http://
                                                    control period after the second round of                instead, and (3) the reasons why EPA                    www.epa.gov/dockets.
                                                    NUSA allocations to new units will be                                                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                            should rely on the commenter’s
                                                    allocated to the existing units in the                                                                          Michael L. Goodis, P.E., Registration
                                                                                                            proposed data and not the data
                                                    state according to the procedures set                                                                           Division (7505P), Office of Pesticide
                                                    forth in §§ 97.412(a)(10) and (12),                     referenced in this document.
                                                                                                                                                                    Programs, Environmental Protection
                                                    97.612(a)(10) and (12), and 97.712(a)(10)                 Authority: 40 CFR 97.411(b), 97.611(b),
                                                                                                                                                                    Agency, 1200 Pennsylvania Ave. NW.,
                                                    and (12), respectively.                                 and 97.711(b).
                                                                                                                                                                    Washington, DC 20460–0001; main
                                                       EPA notes that an allocation or lack                    Dated: December 1, 2016.                             telephone number: (703) 305–7090;
                                                    of allocation of allowances to a given
                                                                                                            Reid P. Harvey,                                         email address: RDFRNotices@epa.gov.
                                                    EGU does not constitute a determination
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                                                                            Director, Clean Air Markets Division, Office            SUPPLEMENTARY INFORMATION:
                                                    that CSAPR does or does not apply to
                                                    the EGU. EPA also notes that allocations                of Atmospheric Programs, Office of Air and
                                                                                                                                                                    I. General Information
                                                                                                            Radiation.
                                                      6 The quantities of allowances to be allocated        [FR Doc. 2016–29441 Filed 12–8–16; 8:45 am]             A. Does this action apply to me?
                                                    through the NUSA allowance allocation process           BILLING CODE 6560–50–P                                    You may be potentially affected by
                                                    may differ slightly from the NUSA amounts set
                                                    forth in §§ 97.410(a), 97.510(a), 97.610(a), and
                                                                                                                                                                    this action if you are an agricultural
                                                    97.710(a) because of rounding in the spreadsheet of                                                             producer, food manufacturer, or
                                                    CSAPR FIP allowance allocations to existing units.        7 See   40 CFR 97.411(c), 97.611(c), and 97.711(c).   pesticide manufacturer. The following


                                               VerDate Sep<11>2014   16:22 Dec 08, 2016   Jkt 241001   PO 00000   Frm 00026    Fmt 4702   Sfmt 4702   E:\FR\FM\09DEP1.SGM   09DEP1


                                                                           Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules                                        89037

                                                    list of North American Industrial                       II. What action is the Agency taking?                 Yuma, AZ, 85366–5569, requests to
                                                    Classification System (NAICS) codes is                    EPA is announcing its receipt of                    establish tolerances in 40 CFR part
                                                    not intended to be exhaustive, but rather               several pesticide petitions filed under               180.448 for residues of the insecticide
                                                    provides a guide to help readers                        section 408 of the Federal Food, Drug,                hexythiazox in or on Bermudagrass,
                                                    determine whether this document                         and Cosmetic Act (FFDCA), 21 U.S.C.                   forage at 40.0 parts per million (ppm);
                                                    applies to them. Potentially affected                                                                         and Bermudagrass, hay at 70.0 ppm.
                                                                                                            346a, requesting the establishment or
                                                    entities may include:                                                                                         High performance liquid
                                                                                                            modification of regulations in 40 CFR
                                                       • Crop production (NAICS code                                                                              chromatography (HPLC) method using
                                                                                                            part 180 for residues of pesticide
                                                    111).                                                                                                         mass spectrometric detection (LC–MS/
                                                       • Animal production (NAICS code                      chemicals in or on various food
                                                                                                                                                                  MS) is proposed for enforcement
                                                    112).                                                   commodities. The Agency is taking
                                                                                                                                                                  purposes. Contact: RD.
                                                       • Food manufacturing (NAICS code                     public comment on the requests before                    2. PP 5F8413. EPA–HQ–OPP–2015–
                                                    311).                                                   responding to the petitioners. EPA is not             0797. Gowan Company, P.O. Box 5569,
                                                       • Pesticide manufacturing (NAICS                     proposing any particular action at this               Yuma, AZ, 85366–5569, requests to
                                                    code 32532).                                            time. EPA has determined that the                     establish tolerances in 40 CFR part
                                                       If you have any questions regarding                  pesticide petitions described in this                 180.448 for residues of the insecticide
                                                    the applicability of this action to a                   document contain the data or                          hexythiazox, in or on Beet, sugar, dried
                                                    particular entity, consult the person                   information prescribed in FFDCA                       pulp at 0.60 parts per million (ppm);
                                                    listed under FOR FURTHER INFORMATION                    section 408(d)(2), 21 U.S.C. 346a(d)(2);              Beet, sugar, molasses at 0.21 ppm; Beet,
                                                    CONTACT for the division listed at the                  however, EPA has not fully evaluated                  sugar, roots at 0.15 ppm; and Beet,
                                                    end of the pesticide petition summary of                the sufficiency of the submitted data at              sugar, tops at 1.5 ppm. High
                                                    interest.                                               this time or whether the data support                 performance liquid chromatography
                                                                                                            granting of the pesticide petitions. After            (HPLC) method using mass
                                                    B. What should I consider as I prepare                  considering the public comments, EPA
                                                    my comments for EPA?                                                                                          spectrometric detection (LC–MS/MS) is
                                                                                                            intends to evaluate whether and what                  proposed for enforcement purposes.
                                                       1. Submitting CBI. Do not submit this                action may be warranted. Additional                   Contact: RD.
                                                    information to EPA through                              data may be needed before EPA can                        3. PP 6E8494. EPA–HQ–OPP–2016–
                                                    regulations.gov or email. Clearly mark                  make a final determination on these                   0595. Nichino America, Inc., 4550 New
                                                    the part or all of the information that                 pesticide petitions.                                  Linden Hill Road, Suite 501,
                                                    you claim to be CBI. For CBI                              Pursuant to 40 CFR 180.7(f), a                      Wilmington, DE, 19808, requests to
                                                    information in a disk or CD–ROM that                    summary of each of the petitions that                 establish an import tolerance in 40 CFR
                                                    you mail to EPA, mark the outside of the                are the subject of this document,                     part 180.511 for residues of the
                                                    disk or CD–ROM as CBI and then                          prepared by the petitioner, is included               insecticide buprofezin, in or on Rice at
                                                    identify electronically within the disk or              in a docket EPA has created for each                  0.3 parts per million (ppm). Gas
                                                    CD–ROM the specific information that                    rulemaking. The docket for each of the                chromatography/mass spectrometry
                                                    is claimed as CBI. In addition to one                   petitions is available at http://                     with nitrogen phosphorus detection
                                                    complete version of the comment that                    www.regulations.gov.                                  (GC/NPD), and a gas chromatography/
                                                    includes information claimed as CBI, a                    As specified in FFDCA section                       mass spectrometry (GC/MS) method for
                                                    copy of the comment that does not                       408(d)(3), 21 U.S.C. 346a(d)(3), EPA is               confirmation of buprofezin residues in
                                                    contain the information claimed as CBI                  publishing notice of the petition so that             plant commodities is proposed for
                                                    must be submitted for inclusion in the                  the public has an opportunity to                      enforcement purposes. Contact: RD.
                                                    public docket. Information so marked                    comment on this request for the                          4. PP 6F8502. EPA–HQ–OPP–2011–
                                                    will not be disclosed except in                         establishment or modification of                      0971. Nichino America, Inc., 4550 New
                                                    accordance with procedures set forth in                 regulations for residues of pesticides in             Linden Hill Road, Suite 501,
                                                    40 CFR part 2.                                          or on food commodities. Further                       Wilmington, DE, 19808, requests to
                                                       2. Tips for preparing your comments.                 information on the petition may be                    establish tolerances in 40 CFR part 180
                                                    When preparing and submitting your                      obtained through the petition summary                 for residues of the insecticide
                                                    comments, see the commenting tips at                    referenced in this unit.                              pyrifluquinazon, in or on Almond, hulls
                                                    http://www.epa.gov/dockets/                                                                                   at 0.01 parts per million (ppm);
                                                    comments.html.                                          Amended Tolerance                                     Brassica, head and stem vegetables (crop
                                                       3. Environmental justice. EPA seeks to                 1. PP 5F8396. EPA–HQ–OPP–2015–                      group 5–16) at 0.4 ppm; Cattle, fat at
                                                    achieve environmental justice, the fair                 0796. Gowan Company, P.O. Box 5569,                   0.01 ppm; Cattle, meat at 0.01 ppm;
                                                    treatment and meaningful involvement                    Yuma, AZ, 85366, requests to amend the                Cattle, meat byproducts at 0.01 ppm;
                                                    of any group, including minority and/or                 tolerances in 40 CFR 180.448 for                      Citrus fruits (crop group 10–10) at 0.5
                                                    low-income populations, in the                          residues of the insecticide hexythiazox               ppm; Citrus, oil at 14 ppm; Cotton, gin
                                                    development, implementation, and                        in or on Alfalfa, forage from 15 parts per            byproducts at 4 ppm; Cotton,
                                                    enforcement of environmental laws,                      million (ppm) to 20 ppm; and Alfalfa,                 undelinted seed at 0.2 ppm; Cucurbit
                                                    regulations, and policies. To help                      hay from 30 ppm to 60 ppm. High                       vegetables (crop group 9) at 0.06 ppm;
                                                    address potential environmental justice                 performance liquid chromatography                     Fruiting vegetables, tomato (crop group
                                                    issues, the Agency seeks information on                 (HPLC) using mass spectrometric                       8–10A) at 0.2 ppm; Fruiting vegetables,
                                                    any groups or segments of the                           detection (LC–MS/MS) analytical                       pepper/eggplant (crop group 8–10B) at
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    population who, as a result of their                    method is used to measure and evaluate                0.15 ppm; Goat, fat at 0.01 ppm; Goat,
                                                    location, cultural practices, or other                  residues of hexythiazox and its                       meat at 0.01 ppm; Goat, meat
                                                    factors, may have atypical or                           metabolites containing the PT–1–3                     byproducts at 0.01ppm; Horse, fat at
                                                    disproportionately high and adverse                     moiety. Contact: RD.                                  0.01 ppm; Horse, meat at 0.01 ppm;
                                                    human health impacts or environmental                                                                         Horse, meat byproducts at 0.01 ppm;
                                                    effects from exposure to the pesticides                 New Tolerances                                        Leaf petiole vegetables (crop subgroup
                                                    discussed in this document, compared                      1. PP 5F8412. EPA–HQ–OPP–2015–                      22B) at 1.5 ppm; Leafy vegetables (crop
                                                    to the general population.                              0795. Gowan Company, P.O. Box 5569,                   group 4–16) at 5 ppm; Milk at 0.01 ppm;


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                                                    89038                  Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules

                                                    Pome fruits (crop group 11–10) at 0.04                  NATIONAL AERONAUTICS AND                              the requirement, and funds are available
                                                    ppm; Sheep, fat at 0.01 ppm; Sheep,                     SPACE ADMINISTRATION                                  for the additional period of
                                                    meat at 0.01 ppm; Sheep, meat                                                                                 performance. The purpose of the policy
                                                    byproducts at 0.01 ppm; Small fruit vine                48 CFR Parts 1816 and 1852                            is to provide a non-monetary incentive
                                                    climbing subgroup (crop subgroup 13–                    [NFS Case 2016–N027]                                  for contractors whose sustained
                                                    07F) (except fuzzy kiwifruit) at 0.6 ppm;                                                                     performance is excellent. An award
                                                                                                            RIN 2700–AE32                                         term incentive would be used where a
                                                    Stone fruits, cherry (crop group 12–12A)
                                                    at 0.2 ppm; Stone fruits, peach (crop                                                                         longer term relationship (generally more
                                                                                                            NASA Federal Acquisition Regulation                   than five years) between the
                                                    group 12–12B) at 0.03 ppm; Stone fruits,                Supplement: Award Term
                                                    plum (crop group 12–12C) at 0.015 ppm;                                                                        Government and a contractor would
                                                    Tree nuts (crop group 14–12) at 0.01                    AGENCY:  National Aeronautics and                     provide benefits to both parties. Benefits
                                                    ppm; and Tuberous and corm vegetables                   Space Administration.                                 of award term incentives include a more
                                                                                                            ACTION: Proposed rule.                                stable business relationship both for the
                                                    (crop subgroup 1C) at 0.01 ppm. Gas
                                                                                                                                                                  contractor and its employees (thus
                                                    chromatography/mass spectrometry                        SUMMARY:   NASA is proposing to amend                 retaining a skilled, experienced
                                                    with nitrogen phosphorus detection                      the NASA Federal Acquisition                          workforce), motivating excellent
                                                    (GC/NPD), and a gas chromatography/                     Regulation (FAR) Supplement (NFS) to                  performance (including cost savings),
                                                    mass spectrometry (GC/MS) method for                    add policy on the use of additional                   fostering contractor capital investment,
                                                    confirmation of buprofezin residues in                  contract periods of performance or                    increasing the desirability of the award
                                                    plant commodities is proposed for                       ‘‘award terms’’ as a contract incentive.              (potentially increasing competition),
                                                    enforcement purposes. Contact: RD.                      DATES: Comments on the proposed rule                  and reduced administrative costs and
                                                       5. PP 5F8416. EPA–HQ–OPP–2011–                       should be submitted in writing to the                 disruptions in preparing for and
                                                    0985. ISK Biosciences Corporation, 7470                 address shown below on or before                      negotiating replacement contracts.
                                                    Auburn Road, Suite A, Concord, Ohio,                    February 7, 2017, to be considered in                    Award terms are an incentive and not
                                                    44077, requests to establish an import                  the formation of a final rule.                        the same as exercising an option as set
                                                    tolerance in 40 CFR part 180.613 for                    ADDRESSES: Submit comments                            forth in FAR 17.207. While there are
                                                    residues of the combined residues of the                identified by NFS Case 2016–N027,                     similarities between an award term and
                                                    insecticide flonicamid [N-                              using any of the following methods:                   an option, such as funds must be
                                                    (cyanomethyl)-4-trifluoromethyl)-3-                        Æ Regulations.gov: http://                         available and the requirement must
                                                    pyridinecarboxamide (CA) or N-                          www.regulations.gov. Submit comments                  fulfill an existing Government need, the
                                                    cyanomethyl-4-                                          via the Federal eRulemaking portal by                 key difference is that an option may be
                                                    trifluoromethylnicotinamide (IUPAC)]                    entering ‘‘NFS Case 2016–N027’’ under                 exercised when the contractor’s
                                                    and its metabolites, TFNA [4-                           the heading ‘‘Enter keyword or ID’’ and               performance is acceptable, while
                                                    trifluoromethylnicotinic acid], TFNA–                   selecting ‘‘Search.’’ Select the link                 earning an award term requires
                                                    AM [4-trifluoromethylnicotinamide)                      ‘‘Submit a Comment’’ that corresponds                 sustained excellent performance.
                                                                                                            with ‘‘NFS Case 2016–N027.’’ Follow
                                                    and TFNG [N(4-                                                                                                II. Discussion
                                                                                                            the instructions provided at the ‘‘Submit
                                                    trifluoromethylnicotinoyl)-glycine] in or
                                                                                                            a Comment’’ screen. Please include your                 The FAR subpart 16.4, Incentive
                                                    on dried tea leaves at 40 parts per
                                                                                                            name, company name (if any), and                      Contracts, addresses a variety of
                                                    million (ppm). Analytical methodology                   ‘‘NFS Case 2016–N027’’ on your                        techniques to incentivize contractor
                                                    has been developed to determine the                     attached document.                                    delivery or technical performance by
                                                    residues of flonicamid and its three                       Æ Email: marilyn.chambers@                         connecting the amount of profit or fee
                                                    major plant metabolites, TFNA, TFNG,                    nasa.gov. Include NFS Case 2016–N027                  payable under the contract to the
                                                    and TFNA–AM in various crops. The                       in the subject line of the message.                   contractor’s performance and payable
                                                    residue analytical method for the                          Æ Fax: (202) 358–3082.                             during the current period of
                                                    majority of crops includes an initial                      Æ Mail: National Aeronautics and                   performance. Under conventional
                                                    extraction with acetonitrile (CAN)/                     Space Administration, Headquarters,                   incentives, funds are reserved to cover
                                                    deionized (DI) water, followed by a                     Office of Procurement, Contract and                   the incentive for the instant
                                                    liquid-liquid partition with ethyl                      Grant Policy Division, Attn: Marilyn E.               performance period. Conversely, an
                                                    acetate. The residue analytical method                  Chambers, LP–011, 300 E Street SW.,                   award term could be earned after the
                                                    for wheat straw is similar, except that a               Washington, DC 20546–0001.                            base period of performance and any
                                                    C18 solid phase extraction (SPE) is                     FOR FURTHER INFORMATION CONTACT:                      option(s) are exercised; an award term
                                                    added prior to the liquid-liquid                        Marilyn E. Chambers, NASA HQ, Office                  does not involve additional funds
                                                    partition. The final sample solution is                 of Procurement, Contract and Grant                    beyond the amount of the current
                                                    quantified using a liquid chromatograph                 Policy Division, Suite 5H38, 300 E                    performance period.
                                                    (LC) equipped with a reverse phase                      Street SW., Washington, DC 20456–                       NASA is proposing to add section
                                                    column and a quadruple mass                             0001. Telephone 202–358–5154;                         1816.405–277 to address the use of
                                                    spectrometer (MS/MS). Contact: RD.                      facsimile 202–358–3082.                               award term incentives and covers the
                                                                                                            SUPPLEMENTARY INFORMATION:                            following areas:
                                                       Authority: 21 U.S.C. 346a.
                                                                                                                                                                    • Considerations when planning to
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                       Dated: November 30, 2016.                            I. Background
                                                                                                                                                                  use award term incentives.
                                                    Michael Goodis,                                            NASA is proposing to amend the NFS
                                                                                                            to implement policy addressing the use                  • Differences between contract
                                                    Acting Director, Registration Division, Office                                                                options and award term incentives.
                                                    of Pesticide Programs.                                  of ‘‘award terms’’ or additional contract
                                                                                                            periods of performance for which a                      • Identifying plans to use award term
                                                    [FR Doc. 2016–29580 Filed 12–8–16; 8:45 am]
                                                                                                            contractor may earn if the contractor’s               incentives in acquisition planning.
                                                    BILLING CODE 6560–50–P
                                                                                                            sustained performance is superior, the                  • Procurement procedures related to
                                                                                                            Government has an on-going need for                   processing award term incentives.


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Document Created: 2018-02-14 09:03:27
Document Modified: 2018-02-14 09:03:27
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 January 9, 2017.
ContactMichael L. Goodis, P.E., Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
FR Citation81 FR 89036 

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