81 FR 92758 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 244 (December 20, 2016)

Page Range		92758-92760
FR Document		2016-30647
This document announces EPA'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 244 (Tuesday, December 20, 2016)
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Proposed Rules]
[Pages 92758-92760]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30647]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0032; FRL-9956-04]


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 EPA'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 19, 2017.

ADDRESSES: Submit your comments, identified by the 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 (7511P), main telephone number: (703) 
305-7090, email address: [email protected]; or Michael Goodis, 
Registration Division (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

[[Page 92759]]

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

New Tolerances

    1. PP 5E8440. (EPA-HQ-OPP-2016-0392). Dow AgroSciences LLC, 9330 
Zionsville Rd., Indianapolis, IN 46268, requests to establish 
tolerances in 40 CFR part 180 without a U.S. registration for residues 
of the fungicide fenpicoxomid (XDE 777) in or on the raw agricultural 
commodities banana at 0.1 parts per million (ppm), rye at 0.7 ppm, and 
wheat at 0.7 ppm; and residues of fenpicoxomid plus its metabolite 
X12326349, expressed as fenpicoxomid equivalents, in or on meat and fat 
from cattle, goats, and sheep at 0.01 ppm; and meat byproducts of 
cattle, goats, and sheep at 0.02 ppm. The Method S12-01537, ``XDE 777 
and its Metabolite X642188--Validation of the Method for the 
Determination of XDE 777 and its Metabolite X642188 in Crops by LC MS/
MS,'' was used for the analysis of XDE 777 and its metabolite X642188 
in the plant materials. Samples were analyzed by liquid chromatography 
using a Phenomenex Luna C18 column coupled with positive-ion 
electrospray tandem mass spectrometry (LC/MS/MS), monitoring two MS/MS 
transitions characteristic of each analyte. Contact: RD.
    2. PP 5F8403. (EPA-HQ-OPP-2016-0560). Dow AgroSciences LLC, 9330 
Zionsville Rd., Indianapolis, IN 46268, requests to establish 
tolerances in 40 CFR part 180 for residues of the herbicide 
florpyrauxifen-benzyl (2-Pyridinecarboxylic acid, 4-amino-3-chloro-6-
(4-chloro-2-fluoro-3-methoxyphenyl)-5-fluoro-, phenylmethyl ester) and 
florpyrauxifen (metabolite; 2-Pyridinecarboxylic acid, 4-amino-3-
chloro-6-(4-chloro-2-fluoro-3-methoxyphenyl)-5-fluoro-) in or on the 
raw agricultural commodities rice, grain (dehulled) at 0.01 ppm; rice, 
grain at 0.2 ppm; fish, freshwater at 2 ppm; shellfish, crustacean at 
0.5 ppm; and shellfish, mollusk at 9 ppm. The liquid chromatography 
with tandem mass spectrometry analytical method 130794.1 is used to 
validate rice grain and straw matrices. A separate liquid 
chromatography with tandem mass spectrometry analytical method 
130794.02 is used to validate matrices of rice processed fractions. 
Contact: RD.
    3. 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 0.15 ppm, pea hay at 0.40 ppm, pea vines at 0.20 ppm, cowpea hay 
at 0.07 ppm, cowpea forage at 3.0 ppm flax at 0.07 ppm, peanut at 0.20 
ppm, peanut hay at 3.0 ppm, peanut meal at 0.40 ppm, and vegetable, 
foliage of legume, except soybean, subgroup 07A at 3.0 ppm. The LC/MS/
MS has been proposed to enforce the tolerance expression for 
pyroxasulfone. Contact: RD.
    4. PP 6E8505. (EPA-HQ-OPP-2016-0049). Interregional Research 
Project No. 4 (IR-4), Rutgers, The State University of New Jersey, 500 
College Rd. East, Suite 201W, Princeton, NJ 08540, requests to 
establish tolerances in 40 CFR 180.685 for residues of the fungicide 
oxathiapiprolin, 1-[4-[4-[5-(2,6-difluorophenyl)-4,5-dihydro-3-
isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2-[5-methyl-3-
(trifluoromethyl)-1H-pyrazol-1-yl]-ethanone, in or on cacao bean, bean 
at 0.10 ppm; cacao bean, chocolate at 0.15 ppm; cacao bean, cocoa 
powder at 0.15 ppm; and cacao bean, roasted bean at 0.15 ppm. Adequate 
analytical methodology, high-pressure liquid chromatography with tandem 
mass spectrometry (MS/MS) detection, is available for tolerance 
enforcement purposes. Contact: RD.
    5. PP 6E8511. (EPA-HQ-OPP-2016-0587). IR-4, Rutgers, The State 
University of New Jersey, 500 College Rd. East, Suite 201W, Princeton, 
NJ 08540, requests to establish a tolerance in 40 CFR 180.444 for 
residues of sulfur dioxide, including its metabolites and degradates, 
in or on fig at 25 ppm. An analytical enforcement method, the

[[Page 92760]]

Monier-Williams Procedure for Sulfites (21 CFR part 101 Appendix A), is 
available for enforcement of tolerances for sulfites in food. Contact: 
RD.
    6. PP 6F8507. (EPA-HQ-OPP-2016-0573). Isagro S.p.A. d/b/a Isagro 
USA, Inc., 430 Davis Dr., Suite 240, Morrisville, NC 27560, requests to 
establish tolerances in 40 CFR 180.557 for residues of the fungicide 
tetraconazole in or on barley at 0.3 ppm; crop group 16, forage, 
fodder, and straw of cereal grains group (except corn) at 8.0 ppm; 
dried shelled pea and bean (except soybean) subgroup 6C, hay at 8.0 
ppm; dried shelled pea and bean (except soybean) subgroup 6C, seed at 
0.15 ppm; dried shelled pea and bean (except soybean) subgroup 6C, vine 
at 2.0 ppm; rapeseed crop subgroup 20A at 0.9 ppm; and wheat at 0.1 
ppm. The adequate enforcement methodology (capillary gas chromatography 
with electron capture detector (GC/ECD)), as well as a QuEChERS multi-
residue method (LC/MS-MS detection), is used to measure and evaluate 
the chemical tetraconazole. Contact: RD.

Amended Tolerance

    1. PP 4F8258. (EPA-HQ-OPP-2014-0357). DuPont Crop Protection, P.O. 
Box 30, Newark, DE 19714-0030, requests to amend the tolerance in 40 
CFR 180.672 for residues of the insecticide cyantraniliprole in or on 
vegetable, cucurbit (group 9) at 0.70 ppm. Adequate analytical 
methodology, high-pressure liquid chromatography with tandem mass 
spectrometry (MS/MS) detection, is available for tolerance enforcement 
purposes. Contact: RD.
    2. PP 6F8476. (EPA-HQ-OPP-2016-0360). Albaugh, LLC, P.O. Box 2127, 
Valdosta, GA 31604, requests to amend the tolerances in 40 CFR 
180.441(a)(1) for the residues of the herbicide quizalofop ethyl, 
including its metabolites and degradates, in or on wheat, bran at 0.40 
ppm; wheat, forage at 2.0 ppm; wheat, germ at 0.40 ppm; wheat, hay at 
2.0 ppm; wheat, milled byproducts at 0.40 ppm; and wheat, straw at 0.80 
ppm. The modified Morse Method-147 is used to measure and evaluate the 
chemical quizalofop-P-ethyl and quizalofop-P acid, convertible to 6-
chloro-2-methoxyquinoxaline (MeCHQ). Contact: RD.

New Tolerance Exemptions

    1. PP IN-10970. (EPA-HQ-OPP-2016-0606). AgroFresh Inc., 400 Arcola 
Rd., P.O. Box 7000, Collegeville, PA 19426, requests to establish an 
exemption from the requirement of a tolerance for residues of 
polyglycerol polyricinoleic acid (CAS Reg. No. 29894-35-7) with a 
minimum number average molecular weight (in amu) of 2,000 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-10984. (EPA-HQ-OPP-2016-0617). Spring Trading Company, on 
behalf of Ethox Chemicals, LLC, 1801 Perimeter Rd., Greenville, SC 
29605, requests to establish an exemption from the requirement of a 
tolerance for residues of octadecanoic acid, 12-hydroxy-, homopolymer, 
ester with [alpha], [alpha]',[alpha]''-1,2,3-propanetriyltris[v-
hydroxypoly(oxy-1,2-ethanediyl)] (CAS Reg. No. 1939051-18-9) with a 
minimum number average molecular weight (in amu) of 5,000 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.
    3. 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 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 strain 
AFS009, would not result in residues that are of toxicological concern. 
Note: In the Federal Register of June 22, 2016 (81 FR 40594) (FRL-9947-
32), EPA announced the filing of this petition to establish an 
exemption from the requirement of a tolerance for residues of 
Pseudomonas chlororaphis subsp. aurantiaca strain AFS009 in or on all 
food commodities. Since that time, the petitioner provided additional 
data on the identity of the active ingredient to EPA. After reviewing 
these data, EPA now considers the correct identity of the active 
ingredient to be Pseudomonas chlororaphis strain AFS009 and not 
Pseudomonas chlororaphis subsp. aurantiaca strain AFS009. In order to 
give the public an opportunity to comment on this new information, EPA 
is republishing its receipt of this tolerance exemption petition filing 
with an updated and accurate description. Contact: BPPD.
    4. PP 6F8485. (EPA-HQ-OPP-2016-0608). BASF Corporation, 26 Davis 
Dr., 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 insecticide Beauveria bassiana strain PPRI 5339 in or 
on all food commodities. The petitioner believes no analytical method 
is needed because it is expected that, when used as proposed, Beauveria 
bassiana strain PPRI 5339, would not result in residues that are of 
toxicological concern. Contact: BPPD.

Amended Tolerance Exemption

    1. PP 6F8481. (EPA-HQ-OPP-2016-0578). Verdesian Life Sciences U.S., 
LLC, 1001 Winstead Dr., Suite 480, Cary, NC 27513, requests to amend an 
exemption from the requirement of a tolerance in 40 CFR 180.1210 for 
residues of the systemic fungicide/systemic acquired resistance (SAR) 
inducer calcium salts of phosphorous acid in or on all food commodities 
when used as an agricultural fungicide and in or on potatoes when 
applied as a post-harvest treatment at 35,600 ppm or less phosphorous 
acid. The two analytical methods available to EPA for the detection and 
measurement of the pesticide residues are the modified AOAC Method 
958.01 and the modified AOAC Method 965.09. Contact: BPPD.

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

    Dated: December 9, 2016.
Robert McNally,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.
[FR Doc. 2016-30647 Filed 12-19-16; 8:45 am]
 BILLING CODE 6560-50-P
92758 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Proposed Rules

as meeting the 110(a)(2)(D)(i) prong 1 Act of 1995 (15 U.S.C. 272 note) because • Federal eRulemaking Portal: http://
requirement for the 2008 ozone NAAQS. application of those requirements would www.regulations.gov. Follow the online
This proposed action supersedes the be inconsistent with the Clean Air Act; instructions for submitting comments.
EPA’s May 10, 2016 proposed and Do not submit electronically any
disapproval of prong 1 of the Utah SIP • Does not provide the EPA with the information you consider to be
for the 2008 ozone NAAQS. See 81 FR discretionary authority to address, as Confidential Business Information (CBI)
28807. appropriate, disproportionate human or other information whose disclosure is
health or environmental effects, using restricted by statute.
IV. Proposed Action practicable and legally permissible • Mail: OPP Docket, Environmental
The EPA is proposing to approve the methods, under Executive Order 12898 Protection Agency Docket Center (EPA/
section 110(a)(2)(D)(i)(I) prong 1 portion (59 FR 7629, February 16, 1994). DC), (28221T), 1200 Pennsylvania Ave.
of Utah’s January 31, 2013 submittal and The SIP is not approved to apply on NW., Washington, DC 20460–0001.
the December 22, 2015 submittal with any Indian reservation land or in any • Hand Delivery: To make special
respect to the 2008 ozone NAAQS. The other area where the EPA or an Indian arrangements for hand delivery or
EPA is soliciting public comments on tribe has demonstrated that a tribe has delivery of boxed information, please
this proposed action and will consider jurisdiction. In those areas of Indian follow the instructions at http://
public comments received during the country, the rule does not have tribal www.epa.gov/dockets/contacts.html.
comment period. implications and will not impose Additional instructions on commenting
substantial direct costs on tribal or visiting the docket, along with more
V. Statutory and Executive Order
governments or preempt tribal law as information about dockets generally, is
Reviews
specified by Executive Order 13175 (65 available at http://www.epa.gov/
Under the CAA, the Administrator is FR 67249, November 9, 2000). dockets.
required to approve a SIP submission
that complies with the provisions of the List of Subjects in 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT:
Act and applicable federal regulations. Environmental protection, Air Robert McNally, Biopesticides and
42 U.S.C. 7410(k); 40 CFR 52.02(a). pollution control, Incorporation by Pollution Prevention Division (7511P),
Thus, in reviewing SIP submissions, the reference, Intergovernmental relations, main telephone number: (703) 305–
EPA’s role is to approve state actions, Nitrogen dioxide, Ozone, Reporting and 7090, email address: BPPDFRNotices@
provided that they meet the criteria of recordkeeping requirements, Volatile epa.gov; or Michael Goodis, Registration
the Clean Air Act. Accordingly, this organic compounds. Division (7505P), main telephone
proposed action merely proposes number: (703) 305–7090, email address:
Authority: 42 U.S.C. 7401 et seq.
approval of state law as meeting federal RDFRNotices@epa.gov. The mailing
requirements; this proposed action does Dated: December 12, 2016. address for each contact person is:
not propose additional requirements Richard D. Buhl, Office of Pesticide Programs,
beyond those imposed by state law. For Acting Regional Administrator, Region 8. Environmental Protection Agency, 1200
that reason, this proposed action: [FR Doc. 2016–30462 Filed 12–19–16; 8:45 am] Pennsylvania Ave. NW., Washington,
• Is not a ‘‘significant regulatory BILLING CODE 6560–50–P DC 20460–0001. As part of the mailing
action’’ subject to review by the Office address, include the contact person’s
of Management and Budget under name, division, and mail code. The
Executive Orders 12866 (58 FR 51735, ENVIRONMENTAL PROTECTION division to contact is listed at the end
Oct. 4, 1993); AGENCY of each pesticide petition summary.
• Does not impose an information SUPPLEMENTARY INFORMATION:
collection burden under the provisions 40 CFR Part 180
of the Paperwork Reduction Act (44 I. General Information
[EPA–HQ–OPP–2015–0032; FRL–9956–04]
U.S.C. 3501 et seq.); A. Does this action apply to me?
• Is certified as not having a Receipt of Several Pesticide Petitions
significant economic impact on a You may be potentially affected by
Filed for Residues of Pesticide
substantial number of small entities this action if you are an agricultural
Chemicals in or on Various
under the Regulatory Flexibility Act (5 producer, food manufacturer, or
Commodities
U.S.C. 601 et seq.); pesticide manufacturer. The following
• Does not contain any unfunded AGENCY: Environmental Protection list of North American Industrial
mandate or significantly or uniquely Agency (EPA). Classification System (NAICS) codes is
affect small governments, as described ACTION: Notice of filing of petitions and not intended to be exhaustive, but rather
in the Unfunded Mandates Reform Act request for comment. provides a guide to help readers
of 1995 (Pub. L. 104–4); determine whether this document
SUMMARY: This document announces applies to them. Potentially affected
• Does not have Federalism
EPA’s receipt of several initial filings of entities may include:
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
pesticide petitions requesting the • Crop production (NAICS code 111).
1999);
establishment or modification of • Animal production (NAICS code
• Is not an economically significant regulations for residues of pesticide 112).
regulatory action based on health or chemicals in or on various commodities. • Food manufacturing (NAICS code
mstockstill on DSK3G9T082PROD with PROPOSALS

safety risks subject to Executive Order DATES: Comments must be received on 311).
13045 (62 FR 19885, April 23, 1997); or before January 19, 2017. • Pesticide manufacturing (NAICS
• Is not a significant regulatory action ADDRESSES: Submit your comments, code 32532).
subject to Executive Order 13211 (66 FR identified by the Docket Identification If you have any questions regarding
28355, May 22, 2001); (ID) Number and the Pesticide Petition the applicability of this action to a
• Is not subject to requirements of Number (PP) of interest as shown in the particular entity, consult the person
Section 12(d) of the National body of this document, by one of the listed under FOR FURTHER INFORMATION
Technology Transfer and Advancement following methods: CONTACT for the division listed at the

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Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Proposed Rules 92759

end of the pesticide petition summary of the sufficiency of the submitted data at phenylmethyl ester) and florpyrauxifen
interest. this time or whether the data support (metabolite; 2-Pyridinecarboxylic acid,
granting of the pesticide petitions. After 4-amino-3-chloro-6-(4-chloro-2-fluoro-3-
B. What should I consider as I prepare
considering the public comments, EPA methoxyphenyl)-5-fluoro-) in or on the
my comments for EPA?
intends to evaluate whether and what raw agricultural commodities rice, grain
1. Submitting CBI. Do not submit this action may be warranted. Additional (dehulled) at 0.01 ppm; rice, grain at 0.2
information to EPA through data may be needed before EPA can ppm; fish, freshwater at 2 ppm;
regulations.gov or email. Clearly mark make a final determination on these shellfish, crustacean at 0.5 ppm; and
the part or all of the information that pesticide petitions. shellfish, mollusk at 9 ppm. The liquid
you claim to be CBI. For CBI Pursuant to 40 CFR 180.7(f), a chromatography with tandem mass
information in a disk or CD–ROM that summary of each of the petitions that spectrometry analytical method
you mail to EPA, mark the outside of the are the subject of this document, 130794.1 is used to validate rice grain
disk or CD–ROM as CBI and then prepared by the petitioner, is included and straw matrices. A separate liquid
identify electronically within the disk or in a docket EPA has created for each chromatography with tandem mass
CD–ROM the specific information that rulemaking. The docket for each of the spectrometry analytical method
is claimed as CBI. In addition to one petitions is available at http:// 130794.02 is used to validate matrices of
complete version of the comment that www.regulations.gov. rice processed fractions. Contact: RD.
includes information claimed as CBI, a As specified in FFDCA section 3. PP 5F8417. (EPA–HQ–OPP–2015–
copy of the comment that does not 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is 0787). K–I Chemical USA, Inc., 11
contain the information claimed as CBI publishing notice of the petitions so that Martine Ave., Suite 970, White Plains,
must be submitted for inclusion in the the public has an opportunity to NY 10606, requests to establish
public docket. Information so marked comment on these requests for the tolerances in 40 CFR 180.659 for
will not be disclosed except in establishment or modification of residues of the herbicide pyroxasulfone
accordance with procedures set forth in regulations for residues of pesticides in (3-[(5-(difluoromethoxy)-1-methyl-3-
40 CFR part 2. or on food commodities. Further (trifluoromethyl) pyrazole-4-
2. Tips for preparing your comments. information on the petitions may be ylmethylsulfonyl]-4,5-dihydro-5,5-
When preparing and submitting your obtained through the petition dimethyl-1,2-oxazole) and its
comments, see the commenting tips at summaries referenced in this unit. metabolites in or on dried shelled peas
http://www.epa.gov/dockets/ and beans (crop subgroup 6C) at 0.15
comments.html. New Tolerances
ppm, pea hay at 0.40 ppm, pea vines at
3. Environmental justice. EPA seeks to 1. PP 5E8440. (EPA–HQ–OPP–2016– 0.20 ppm, cowpea hay at 0.07 ppm,
achieve environmental justice, the fair 0392). Dow AgroSciences LLC, 9330 cowpea forage at 3.0 ppm flax at 0.07
treatment and meaningful involvement Zionsville Rd., Indianapolis, IN 46268, ppm, peanut at 0.20 ppm, peanut hay at
of any group, including minority and/or requests to establish tolerances in 40 3.0 ppm, peanut meal at 0.40 ppm, and
low-income populations, in the CFR part 180 without a U.S. registration vegetable, foliage of legume, except
development, implementation, and for residues of the fungicide soybean, subgroup 07A at 3.0 ppm. The
enforcement of environmental laws, fenpicoxomid (XDE 777) in or on the LC/MS/MS has been proposed to
regulations, and policies. To help raw agricultural commodities banana at enforce the tolerance expression for
address potential environmental justice 0.1 parts per million (ppm), rye at 0.7 pyroxasulfone. Contact: RD.
issues, EPA seeks information on any ppm, and wheat at 0.7 ppm; and 4. PP 6E8505. (EPA–HQ–OPP–2016–
groups or segments of the population residues of fenpicoxomid plus its 0049). Interregional Research Project
who, as a result of their location, metabolite X12326349, expressed as No. 4 (IR–4), Rutgers, The State
cultural practices, or other factors, may fenpicoxomid equivalents, in or on meat University of New Jersey, 500 College
have atypical or disproportionately high and fat from cattle, goats, and sheep at Rd. East, Suite 201W, Princeton, NJ
and adverse human health impacts or 0.01 ppm; and meat byproducts of 08540, requests to establish tolerances
environmental effects from exposure to cattle, goats, and sheep at 0.02 ppm. The in 40 CFR 180.685 for residues of the
the pesticides discussed in this Method S12–01537, ‘‘XDE 777 and its fungicide oxathiapiprolin, 1-[4-[4-[5-
document, compared to the general Metabolite X642188—Validation of the (2,6-difluorophenyl)-4,5-dihydro-3-
population. Method for the Determination of XDE isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2-
777 and its Metabolite X642188 in [5-methyl-3-(trifluoromethyl)-1H-
II. What action is EPA taking? Crops by LC MS/MS,’’ was used for the pyrazol-1-yl]-ethanone, in or on cacao
EPA is announcing its receipt of analysis of XDE 777 and its metabolite bean, bean at 0.10 ppm; cacao bean,
several pesticide petitions filed under X642188 in the plant materials. Samples chocolate at 0.15 ppm; cacao bean,
section 408 of the Federal Food, Drug, were analyzed by liquid cocoa powder at 0.15 ppm; and cacao
and Cosmetic Act (FFDCA), 21 U.S.C. chromatography using a Phenomenex bean, roasted bean at 0.15 ppm.
346a, requesting the establishment or Luna C18 column coupled with Adequate analytical methodology, high-
modification of regulations in 40 CFR positive-ion electrospray tandem mass pressure liquid chromatography with
part 180 for residues of pesticide spectrometry (LC/MS/MS), monitoring tandem mass spectrometry (MS/MS)
chemicals in or on various food two MS/MS transitions characteristic of detection, is available for tolerance
commodities. EPA is taking public each analyte. Contact: RD. enforcement purposes. Contact: RD.
comment on the requests before 2. PP 5F8403. (EPA–HQ–OPP–2016– 5. PP 6E8511. (EPA–HQ–OPP–2016–
mstockstill on DSK3G9T082PROD with PROPOSALS

responding to the petitioners. EPA is not 0560). Dow AgroSciences LLC, 9330 0587). IR–4, Rutgers, The State
proposing any particular action at this Zionsville Rd., Indianapolis, IN 46268, University of New Jersey, 500 College
time. EPA has determined that the requests to establish tolerances in 40 Rd. East, Suite 201W, Princeton, NJ
pesticide petitions described in this CFR part 180 for residues of the 08540, requests to establish a tolerance
document contain the data or herbicide florpyrauxifen-benzyl (2- in 40 CFR 180.444 for residues of sulfur
information prescribed in FFDCA Pyridinecarboxylic acid, 4-amino-3- dioxide, including its metabolites and
section 408(d)(2), 21 U.S.C. 346a(d)(2); chloro-6-(4-chloro-2-fluoro-3- degradates, in or on fig at 25 ppm. An
however, EPA has not fully evaluated methoxyphenyl)-5-fluoro-, analytical enforcement method, the

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92760 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Proposed Rules

Monier-Williams Procedure for Sulfites average molecular weight (in amu) of part 180 for residues of the insecticide
(21 CFR part 101 Appendix A), is 2,000 when used as an inert ingredient Beauveria bassiana strain PPRI 5339 in
available for enforcement of tolerances in pesticide formulations under 40 CFR or on all food commodities. The
for sulfites in food. Contact: RD. 180.960. The petitioner believes no petitioner believes no analytical method
6. PP 6F8507. (EPA–HQ–OPP–2016– analytical method is needed because it is needed because it is expected that,
0573). Isagro S.p.A. d/b/a Isagro USA, is not required for an exemption from when used as proposed, Beauveria
Inc., 430 Davis Dr., Suite 240, the requirement of a tolerance. Contact: bassiana strain PPRI 5339, would not
Morrisville, NC 27560, requests to RD. result in residues that are of
establish tolerances in 40 CFR 180.557 2. PP IN–10984. (EPA–HQ–OPP– toxicological concern. Contact: BPPD.
for residues of the fungicide 2016–0617). Spring Trading Company,
tetraconazole in or on barley at 0.3 ppm; on behalf of Ethox Chemicals, LLC, 1801 Amended Tolerance Exemption
crop group 16, forage, fodder, and straw Perimeter Rd., Greenville, SC 29605, 1. PP 6F8481. (EPA–HQ–OPP–2016–
of cereal grains group (except corn) at requests to establish an exemption from 0578). Verdesian Life Sciences U.S.,
8.0 ppm; dried shelled pea and bean the requirement of a tolerance for LLC, 1001 Winstead Dr., Suite 480,
(except soybean) subgroup 6C, hay at residues of octadecanoic acid, 12- Cary, NC 27513, requests to amend an
8.0 ppm; dried shelled pea and bean hydroxy-, homopolymer, ester with a, exemption from the requirement of a
(except soybean) subgroup 6C, seed at a′,a″-1,2,3-propanetriyltris[w- tolerance in 40 CFR 180.1210 for
0.15 ppm; dried shelled pea and bean hydroxypoly(oxy-1,2-ethanediyl)] (CAS residues of the systemic fungicide/
(except soybean) subgroup 6C, vine at Reg. No. 1939051–18–9) with a systemic acquired resistance (SAR)
2.0 ppm; rapeseed crop subgroup 20A at minimum number average molecular inducer calcium salts of phosphorous
0.9 ppm; and wheat at 0.1 ppm. The weight (in amu) of 5,000 when used as acid in or on all food commodities when
adequate enforcement methodology an inert ingredient in pesticide used as an agricultural fungicide and in
(capillary gas chromatography with formulations under 40 CFR 180.960. or on potatoes when applied as a post-
electron capture detector (GC/ECD)), as The petitioner believes no analytical harvest treatment at 35,600 ppm or less
well as a QuEChERS multi-residue method is needed because it is not phosphorous acid. The two analytical
method (LC/MS–MS detection), is used required for an exemption from the methods available to EPA for the
to measure and evaluate the chemical requirement of a tolerance. Contact: RD. detection and measurement of the
tetraconazole. Contact: RD. 3. PP 5F8410. (EPA–HQ–OPP–2016– pesticide residues are the modified
0284). AFS009 Plant Protection, Inc., AOAC Method 958.01 and the modified
Amended Tolerance 104 T.W. Alexander Dr., Building 18, AOAC Method 965.09. Contact: BPPD.
1. PP 4F8258. (EPA–HQ–OPP–2014– Research Triangle Park, NC 27709,
Authority: 21 U.S.C. 346a.
0357). DuPont Crop Protection, P.O. Box requests to establish an exemption from
30, Newark, DE 19714–0030, requests to the requirement of a tolerance in 40 CFR Dated: December 9, 2016.
amend the tolerance in 40 CFR 180.672 part 180 for residues of the fungicide Robert McNally,
for residues of the insecticide Pseudomonas chlororaphis strain Director, Biopesticides and Pollution
cyantraniliprole in or on vegetable, AFS009 in or on all food commodities. Prevention Division, Office of Pesticide
cucurbit (group 9) at 0.70 ppm. The petitioner believes no analytical Programs.
Adequate analytical methodology, high- method is needed because it is expected [FR Doc. 2016–30647 Filed 12–19–16; 8:45 am]
pressure liquid chromatography with that, when used as proposed, BILLING CODE 6560–50–P
tandem mass spectrometry (MS/MS) Pseudomonas chlororaphis strain
detection, is available for tolerance AFS009, would not result in residues
enforcement purposes. Contact: RD. that are of toxicological concern. Note: DEPARTMENT OF COMMERCE
2. PP 6F8476. (EPA–HQ–OPP–2016– In the Federal Register of June 22, 2016
0360). Albaugh, LLC, P.O. Box 2127, (81 FR 40594) (FRL–9947–32), EPA National Oceanic and Atmospheric
Valdosta, GA 31604, requests to amend announced the filing of this petition to Administration
the tolerances in 40 CFR 180.441(a)(1) establish an exemption from the
for the residues of the herbicide requirement of a tolerance for residues 50 CFR Part 224
quizalofop ethyl, including its of Pseudomonas chlororaphis subsp. [Docket No. 141216999–6999–02]
metabolites and degradates, in or on aurantiaca strain AFS009 in or on all
wheat, bran at 0.40 ppm; wheat, forage food commodities. Since that time, the RIN 0648–XD669–X
at 2.0 ppm; wheat, germ at 0.40 ppm; petitioner provided additional data on
the identity of the active ingredient to Endangered and Threatened Wildlife
wheat, hay at 2.0 ppm; wheat, milled
EPA. After reviewing these data, EPA and Plants: Notice of 12-Month Finding
byproducts at 0.40 ppm; and wheat,
now considers the correct identity of the on a Petition To List the Gulf of Mexico
straw at 0.80 ppm. The modified Morse
active ingredient to be Pseudomonas Bryde’s Whale as Endangered Under
Method-147 is used to measure and
chlororaphis strain AFS009 and not the Endangered Species Act (ESA);
evaluate the chemical quizalofop-P-
Pseudomonas chlororaphis subsp. Correction
ethyl and quizalofop-P acid, convertible
to 6-chloro-2-methoxyquinoxaline aurantiaca strain AFS009. In order to AGENCY: National Marine Fisheries
(MeCHQ). Contact: RD. give the public an opportunity to Service (NMFS), National Oceanic and
comment on this new information, EPA Atmospheric Administration (NOAA),
New Tolerance Exemptions is republishing its receipt of this
mstockstill on DSK3G9T082PROD with PROPOSALS

Commerce.
1. PP IN–10970. (EPA–HQ–OPP– tolerance exemption petition filing with ACTION: Proposed rule; correction.
2016–0606). AgroFresh Inc., 400 Arcola an updated and accurate description.
Rd., P.O. Box 7000, Collegeville, PA Contact: BPPD. SUMMARY: NMFS published in the
19426, requests to establish an 4. PP 6F8485. (EPA–HQ–OPP–2016– Federal Register on December 8, 2016,
exemption from the requirement of a 0608). BASF Corporation, 26 Davis Dr., a document proposing to list the Gulf of
tolerance for residues of polyglycerol Research Triangle Park, NC 27709, Mexico Bryde’s whale as an endangered
polyricinoleic acid (CAS Reg. No. requests to establish an exemption from species under the Endangered Species
29894–35–7) with a minimum number the requirement of a tolerance in 40 CFR Act of 1973 (ESA). This document

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Document Created: 2018-02-14 09:09:36
Document Modified: 2018-02-14 09:09:36
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 January 19, 2017.
Contact		Robert McNally, Biopesticides and Pollution Prevention Division (7511P), main telephone number: (703)
FR Citation		81 FR 92758