82_FR_14901 82 FR 14846 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

82 FR 14846 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 55 (March 23, 2017)

Page Range14846-14848
FR Document2017-05704

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 82 Issue 55 (Thursday, March 23, 2017) 
[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Proposed Rules]
[Pages 14846-14848]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05704]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2015-0032; FRL-9957-99]


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

AGENCY: Environmental Protection Agency (EPA).

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

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

DATES: Comments must be received on or before April 24, 2017.

ADDRESSES: Submit your comments, identified 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 (BPPD) (7511P), main telephone number: 
(703) 305-7090; email address: [email protected]., or Michael L. 
Goodis, Registration Division (RD) (7505P), main telephone number: 
(703) 305-7090; email address: [email protected]. The mailing address 
for each contact person is: Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001. As part of the mailing address, include the contact person's 
name, division, and mail code. The division to contact is listed at the 
end of each pesticide petition summary.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed under FOR 
FURTHER INFORMATION CONTACT for the division listed at the end of the 
pesticide petition summary of interest.

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

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

II. What action is the Agency taking?

    EPA is announcing its receipt of several pesticide petitions filed 
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a, requesting the establishment or modification of 
regulations in 40 CFR part 174 and part 180 for residues of pesticide 
chemicals in or on various food commodities. The Agency is taking 
public comment on the requests before responding to the petitioners. 
EPA is not proposing any particular action at this time. EPA has 
determined that the pesticide petitions described in this document 
contain the data or information prescribed in FFDCA section 408(d)(2), 
21 U.S.C. 346a(d)(2); however, EPA has not fully evaluated

[[Page 14847]]

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 5E8439. (EPA-HQ-OPP-2016-0066). Dow AgroSciences, LLC, 9330 
Zionsville Road Indianapolis, IN 46268, requests to establish a 
tolerance in 40 CFR part 180.638 for residues of the herbicide, 
pyroxsulam, in or on teff, grain at 0.01 ppm, teff, forage at 0.06 ppm, 
teff, hay at 0.01 ppm, and teff, straw at 0.03 ppm. The Dow 
AgroSciences Method GRM 04/17 is used to measure and evaluate the 
chemical residues of pyroxsulam in wheat commodities. Contact: RD.
    2. PP 6E8496. (EPA-HQ-OPP-2016-0516). Interregional Research 
Project No.4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ 
08540, requests to establish tolerances in 40 CFR part 180.478 for 
residues of the herbicide rimsulfuron, N-[[(4,6-dimethoxy-2-
pyrimidinyl)amino] carbonyl]-3-(ethylsulfonyl)-2-pyridinesulfonamide, 
including its metabolites and degradates, in or on berry, low growing, 
except strawberry, subgroup 13-07H at 0.01 parts per million (ppm), 
fruit, citrus, group 10-10 at 0.01 ppm, fruit, pome, group 11-10 at 
0.01 ppm, fruit, stone, group 12-12 at 0.01 ppm, nut, tree, group 14-12 
at 0.01 ppm, vegetable, tuberous and corm, subgroup 1C at 0.1 ppm, 
fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 
0.01 ppm, and tolerances with regional restrictions in or on fescue, 
forage at 0.01 ppm; fescue, hay at 0.01 ppm; ryegrass, perennial, hay 
at 0.01 ppm, and ryegrass, perennial, forage at 0.01 ppm. Analytical 
methodology, high-pressure liquid chromatography with Electrospray 
Ionization/tandem Mass Spectrometry (ESI-MS/MS) detection, is available 
for enforcement purposes. The two methods are ``Analytical Method for 
the Determination of Rimsulfuron in Watery and Dry Crop Matrices by 
High Performance Liquid Chromatography (HPLC)/ESI-MS/MS'', DuPont 
Report 15033 and ``Analytical Method for the Determination of 
Rimsulfuron in Oily Crop Matrices by HPLC/ESI-MS/MS'', DuPont Report 
15027. The limit of quantitation for rimsulfuron with these methods, in 
raw agricultural commodities and in processed fractions, is 0.01 ppm. 
Contact RD
    3. PP 6E8510. (EPA-HQ-OPP-2016-0651). Interregional Research 
Project No.4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ 
08540, requests to establish tolerances in 40 CFR part 180.458 for 
residues of the sum of the herbicide clethodim, 2-[(1E)-1-[[[(2E)-3-
chloro-2-propenyl]oxy]imino]propyl]-5-[2-(ethylthio)propyl]-3-hydroxy-
2-cyclohexen-1-one, and its metabolites containing the 5-(2-
ethylthiopropyl)cyclohexene-3-one and 5-(2-ethylthiopropyl)-5-
hydroxycyclohexene-3-one moieties and their sulphoxides and sulphones, 
calculated as the stoichiometric equivalent of clethodim, in or on in 
or on the raw agricultural commodities: almond, hulls at 0.2 parts per 
million (ppm); brassica, leafy greens, subgroup 4-16B at 3.0 ppm; leaf 
petiole vegetable subgroup 22B at 0.60 ppm; leafy greens subgroup 4-16A 
at 2.0 ppm; nut, tree, group 14-12 at 0.2 ppm; okra at 1.5 ppm; onion, 
green, subgroup 3-07B at 2.0 ppm; stalk and stem vegetable subgroup 22A 
at 1.7 ppm; vegetable, brassica, head and stem, group 5-16 at 3.0 ppm; 
and vegetable, fruiting, group 8-10, except okra at 1.0 ppm. Practical 
analytical methods for detecting and measuring levels of clethodim have 
been developed and validated in/on all appropriate agricultural 
commodities and respective processing fractions. The LOQ of clethodim 
in the methods is 0.2 ppm, which will allow monitoring of food with 
residues at the levels proposed for the tolerances. Contact: RD.
    4. PP 6F8512. (EPA-HQ-OPP-2016-0649). Nisso America Inc., on behalf 
of Nippon Soda Co., Ltd., 88 Pine Street, 14th Floor, New York, NY 
10005, requests to establish tolerances in 40 CFR part 180.667 for 
residues of the fungicide, cyflufenamid, in or on cherry (crop sub-
group 12-12A) at 0.6 ppm, fruiting vegetables (crop group 8-10) at 0.2 
ppm, and hops at 5.0 ppm. A method was developed using solvent 
extraction of cyflufenamid from crops and analyzing sample extracts by 
LC/MS/MS. Contact: RD.

Amended Tolerances

    1. PP 6E8496. (EPA-HQ-OPP-2016-0516). Inter-regional Research 
Project No.4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ 
08540, requests to amend the tolerance(s) in 40 CFR part 180.478 upon 
establishment of tolerances under PP 6E8496 of ``New Tolerances'' 
referenced above, by removing existing tolerances for residues of the 
herbicide rimsulfuron, N-[[(4,6-dimethoxy-2-pyrimidinyl)amino] 
carbonyl]-3-(ethylsulfonyl)-2-pyridinesulfonamide, including its 
metabolites and degradates in or on fruit, citrus, group 10 at 0.01 
ppm; fruit, pome group 11 at 0.01 ppm; fruit, stone group 12 at 0.01 
ppm; grape at 0.01 ppm; nut, tree group 14 at 0.01 ppm; pistachio at 
0.01 ppm; and potato at 0.10 ppm. Analytical methodology, high-pressure 
liquid chromatography with ESI-MS/MS detection, is available for 
enforcement purposes. The two methods are ``Analytical Method for the 
Determination of Rimsulfuron in Watery and Dry Crop Matrices by HPLC/
ESI-MS/MS'', DuPont Report 15033 and ``Analytical Method for the 
Determination of Rimsulfuron in Oily Crop Matrices by HPLC/ESI-MS/MS'', 
DuPont Report 15027. The limit of quantitation for rimsulfuron with 
these methods, in raw agricultural commodities and in processed 
fractions, is 0.01 ppm. Contact RD
    2. PP 6E8510. (EPA-HQ-OPP-2016-0651). Inter-regional Research 
Project No.4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ 
08540, requests to amend the tolerance(s) in 40 CFR part 180.458 upon 
establishment of tolerances under ``New Tolerances'' PP 6E8510 
referenced above, by removing established tolerances superseded by this 
action for residues of the sum of the herbicide clethodim, 2-[(1E)-1-
[[[(2E)-3-chloro-2-propenyl]oxy]imino]propyl]-5-[2-(ethylthio)propyl]-
3-hydroxy-2-cyclohexen-1-one, and its metabolites containing the 5-(2-
ethylthiopropyl)cyclohexene-3-one and 5-(2-ethylthiopropyl)-5-
hydroxycyclohexene-3-one moieties and their sulphoxides and sulphones, 
calculated as the stoichiometric equivalent of clethodim in or on the 
raw agricultural commodities asparagus at 1.7 ppm; brassica, head and 
stem, subgroup 5A at 3.0 ppm; brassica, leafy greens, subgroup 5B at 
3.0 ppm; leaf petioles subgroup 4B at 0.60 ppm; leafy greens subgroup 
4A at 2.0 ppm; onion, green at 2.0 ppm; turnip, greens at 3.0

[[Page 14848]]

ppm; and vegetable, fruiting, group 8-10 at 1.0 ppm. Practical 
analytical methods for detecting and measuring levels of clethodim have 
been developed and validated in/on all appropriate agricultural 
commodities and respective processing fractions. The Limit of 
Quantitation (LOQ) of clethodim in the methods is 0.2 ppm, which will 
allow monitoring of food with residues at the levels proposed for the 
tolerances. Contact: RD.

Amended Tolerance Exemptions

    1. PP 6G8523. (EPA-HQ-OPP-2014-0457). J.R. Simplot Company, 5369 W. 
Irving St., Boise, ID 83706, requests to amend an exemption from the 
requirement of a tolerance in 40 CFR 174.534 for residues of the plant-
incorporated protectant (PIP) VNT1 protein in or on potato. The 
petitioner believes no analytical method is needed for enforcement 
purposes because the VNT1 protein concentration is lower than the 
detectable limit of 100 parts per billion (ppb) in tubers. As the 
expression levels of the VNT1 protein are below detection limits, it is 
impractical to demonstrate methods for detecting and measuring the 
levels of the pesticide residues. Contact: BPPD.

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

    Dated: January 11, 2017.
Michael Goodis,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-05704 Filed 3-22-17; 8:45 am]
 BILLING CODE 6560-50-P

14846 Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Proposed Rules submit comments see the detailed • Federal eRulemaking Portal: http:// end of the pesticide petition summary of instructions in the ADDRESSES section of www.regulations.gov. Follow the online interest. the direct final rule located in the rules instructions for submitting comments. B. What should I consider as I prepare section of this Federal Register. Do not submit electronically any my comments for EPA? FOR FURTHER INFORMATION CONTACT: information you consider to be Tracie Donaldson, (214) 665–6633 Confidential Business Information (CBI) 1. Submitting CBI. Do not submit this Donaldson.Tracie@epa.gov. or other information whose disclosure is information to EPA through restricted by statute. regulations.gov or email. Clearly mark SUPPLEMENTARY INFORMATION: In the final rules section of this Federal • Mail: OPP Docket, Environmental the part or all of the information that Protection Agency Docket Center (EPA/ you claim to be CBI. For CBI Register, the EPA is approving the DC), (28221T), 1200 Pennsylvania Ave. information in a disk or CD–ROM that State’s SIP submittal as a direct rule NW., Washington, DC 20460–0001. you mail to EPA, mark the outside of the without prior proposal because the Agency views this as noncontroversial • Hand Delivery: To make special disk or CD–ROM as CBI and then arrangements for hand delivery or identify electronically within the disk or submittal and anticipates no adverse delivery of boxed information, please CD–ROM the specific information that comments. A detailed rationale for the is claimed as CBI. In addition to one approval is set forth in the direct final follow the instructions at http:// www.epa.gov/dockets/contacts.html. complete version of the comment that rule. If no relevant adverse comments includes information claimed as CBI, a are received in response to this action Additional instructions on commenting or visiting the docket, copy of the comment that does not no further activity is contemplated. If contain the information claimed as CBI the EPA receives relevant adverse along with more information about dockets generally, is available at http:// must be submitted for inclusion in the comments, the direct final rule will be public docket. Information so marked withdrawn and all public comments www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: will not be disclosed except in received will be addressed in a accordance with procedures set forth in subsequent final rule based on this Robert McNally, Biopesticides and Pollution Prevention Division (BPPD) 40 CFR part 2. proposed rule. The EPA will not 2. Tips for preparing your comments. institute a second comment period. Any (7511P), main telephone number: (703) When preparing and submitting your parties interested in commenting on this 305–7090; email address: comments, see the commenting tips at action should do so at this time. BPPDFRNotices@epa.gov., or Michael L. http://www.epa.gov/dockets/ For additional information, see the Goodis, Registration Division (RD) comments.html. direct final rule which is located in the (7505P), main telephone number: (703) 3. Environmental justice. EPA seeks to rules section of this Federal Register. 305–7090; email address: achieve environmental justice, the fair RDFRNotices@epa.gov. The mailing treatment and meaningful involvement Dated: February 6, 2017. address for each contact person is: of any group, including minority and/or Samuel Coleman, Office of Pesticide Programs, low-income populations, in the Acting Regional Administrator, Region 6. Environmental Protection Agency, 1200 [FR Doc. 2017–04932 Filed 3–22–17; 8:45 am] development, implementation, and Pennsylvania Ave. NW., Washington, enforcement of environmental laws, BILLING CODE 6560–50–P DC 20460–0001. As part of the mailing regulations, and policies. To help address, include the contact person’s address potential environmental justice name, division, and mail code. The issues, the Agency seeks information on ENVIRONMENTAL PROTECTION division to contact is listed at the end AGENCY any groups or segments of the of each pesticide petition summary. population who, as a result of their 40 CFR Parts 174 and 180 SUPPLEMENTARY INFORMATION: location, cultural practices, or other I. General Information factors, may have atypical or [EPA–HQ–OPP–2015–0032; FRL–9957–99] disproportionately high and adverse A. Does this action apply to me? human health impacts or environmental Receipt of Several Pesticide Petitions Filed for Residues of Pesticide You may be potentially affected by effects from exposure to the pesticides Chemicals in or on Various this action if you are an agricultural discussed in this document, compared Commodities producer, food manufacturer, or to the general population. pesticide manufacturer. The following II. What action is the Agency taking? AGENCY: Environmental Protection list of North American Industrial Agency (EPA). Classification System (NAICS) codes is EPA is announcing its receipt of ACTION: Notice of filing of petitions and not intended to be exhaustive, but rather several pesticide petitions filed under request for comment. provides a guide to help readers section 408 of the Federal Food, Drug, determine whether this document and Cosmetic Act (FFDCA), 21 U.S.C. SUMMARY: This document announces the 346a, requesting the establishment or applies to them. Potentially affected Agency’s receipt of several initial filings modification of regulations in 40 CFR entities may include: of pesticide petitions requesting the • Crop production (NAICS code 111). part 174 and part 180 for residues of establishment or modification of • Animal production (NAICS code pesticide chemicals in or on various regulations for residues of pesticide 112). food commodities. The Agency is taking chemicals in or on various commodities. • Food manufacturing (NAICS code public comment on the requests before sradovich on DSK3GMQ082PROD with PROPOSALS DATES: Comments must be received on 311). responding to the petitioners. EPA is not or before April 24, 2017. • Pesticide manufacturing (NAICS proposing any particular action at this ADDRESSES: Submit your comments, code 32532). time. EPA has determined that the identified the docket identification (ID) If you have any questions regarding pesticide petitions described in this number and the pesticide petition the applicability of this action to a document contain the data or number (PP) of interest as shown in the particular entity, consult the person information prescribed in FFDCA body of this document, by one of the listed under FOR FURTHER INFORMATION section 408(d)(2), 21 U.S.C. 346a(d)(2); following methods: CONTACT for the division listed at the however, EPA has not fully evaluated VerDate Sep<11>2014 16:56 Mar 22, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\23MRP1.SGM 23MRP1

Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Proposed Rules 14847 the sufficiency of the submitted data at Analytical methodology, high-pressure method was developed using solvent this time or whether the data support liquid chromatography with extraction of cyflufenamid from crops granting of the pesticide petitions. After Electrospray Ionization/tandem Mass and analyzing sample extracts by LC/ considering the public comments, EPA Spectrometry (ESI–MS/MS) detection, is MS/MS. Contact: RD. intends to evaluate whether and what available for enforcement purposes. The Amended Tolerances action may be warranted. Additional two methods are ‘‘Analytical Method for data may be needed before EPA can the Determination of Rimsulfuron in 1. PP 6E8496. (EPA–HQ–OPP–2016– make a final determination on these Watery and Dry Crop Matrices by High 0516). Inter-regional Research Project pesticide petitions. Performance Liquid Chromatography No.4 (IR–4), 500 College Road East, Pursuant to 40 CFR 180.7(f), a (HPLC)/ESI–MS/MS’’, DuPont Report Suite 201W, Princeton, NJ 08540, summary of each of the petitions that 15033 and ‘‘Analytical Method for the requests to amend the tolerance(s) in 40 are the subject of this document, Determination of Rimsulfuron in Oily CFR part 180.478 upon establishment of prepared by the petitioner, is included Crop Matrices by HPLC/ESI–MS/MS’’, tolerances under PP 6E8496 of ‘‘New in a docket EPA has created for each DuPont Report 15027. The limit of Tolerances’’ referenced above, by rulemaking. The docket for each of the quantitation for rimsulfuron with these removing existing tolerances for petitions is available at http:// methods, in raw agricultural residues of the herbicide rimsulfuron, www.regulations.gov. commodities and in processed fractions, N-[[(4,6-dimethoxy-2- As specified in FFDCA section is 0.01 ppm. Contact RD pyrimidinyl)amino] carbonyl]-3- 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is 3. PP 6E8510. (EPA–HQ–OPP–2016– (ethylsulfonyl)-2-pyridinesulfonamide, publishing notice of the petitions so that 0651). Interregional Research Project including its metabolites and degradates the public has an opportunity to No.4 (IR–4), 500 College Road East, in or on fruit, citrus, group 10 at 0.01 comment on these requests for the Suite 201W, Princeton, NJ 08540, ppm; fruit, pome group 11 at 0.01 ppm; establishment or modification of requests to establish tolerances in 40 fruit, stone group 12 at 0.01 ppm; grape regulations for residues of pesticides in CFR part 180.458 for residues of the at 0.01 ppm; nut, tree group 14 at 0.01 or on food commodities. Further sum of the herbicide clethodim, 2-[(1E)- ppm; pistachio at 0.01 ppm; and potato information on the petitions may be 1-[[[(2E)-3-chloro-2-propenyl] at 0.10 ppm. Analytical methodology, obtained through the petition oxy]imino]propyl]-5-[2- high-pressure liquid chromatography summaries referenced in this unit. (ethylthio)propyl]-3-hydroxy-2- with ESI–MS/MS detection, is available cyclohexen-1-one, and its metabolites for enforcement purposes. The two New Tolerances containing the 5-(2- methods are ‘‘Analytical Method for the 1. PP 5E8439. (EPA–HQ–OPP–2016– ethylthiopropyl)cyclohexene-3-one and Determination of Rimsulfuron in Watery 0066). Dow AgroSciences, LLC, 9330 5-(2-ethylthiopropyl)-5- and Dry Crop Matrices by HPLC/ESI– Zionsville Road Indianapolis, IN 46268, hydroxycyclohexene-3-one moieties and MS/MS’’, DuPont Report 15033 and requests to establish a tolerance in 40 their sulphoxides and sulphones, ‘‘Analytical Method for the CFR part 180.638 for residues of the calculated as the stoichiometric Determination of Rimsulfuron in Oily herbicide, pyroxsulam, in or on teff, equivalent of clethodim, in or on in or Crop Matrices by HPLC/ESI–MS/MS’’, grain at 0.01 ppm, teff, forage at 0.06 on the raw agricultural commodities: DuPont Report 15027. The limit of ppm, teff, hay at 0.01 ppm, and teff, almond, hulls at 0.2 parts per million quantitation for rimsulfuron with these straw at 0.03 ppm. The Dow (ppm); brassica, leafy greens, subgroup methods, in raw agricultural AgroSciences Method GRM 04/17 is 4–16B at 3.0 ppm; leaf petiole vegetable commodities and in processed fractions, used to measure and evaluate the subgroup 22B at 0.60 ppm; leafy greens is 0.01 ppm. Contact RD chemical residues of pyroxsulam in subgroup 4–16A at 2.0 ppm; nut, tree, 2. PP 6E8510. (EPA–HQ–OPP–2016– wheat commodities. Contact: RD. group 14–12 at 0.2 ppm; okra at 1.5 0651). Inter-regional Research Project 2. PP 6E8496. (EPA–HQ–OPP–2016– ppm; onion, green, subgroup 3–07B at No.4 (IR–4), 500 College Road East, 0516). Interregional Research Project 2.0 ppm; stalk and stem vegetable Suite 201W, Princeton, NJ 08540, No.4 (IR–4), 500 College Road East, subgroup 22A at 1.7 ppm; vegetable, requests to amend the tolerance(s) in 40 Suite 201W, Princeton, NJ 08540, brassica, head and stem, group 5–16 at CFR part 180.458 upon establishment of requests to establish tolerances in 40 3.0 ppm; and vegetable, fruiting, group tolerances under ‘‘New Tolerances’’ PP CFR part 180.478 for residues of the 8–10, except okra at 1.0 ppm. Practical 6E8510 referenced above, by removing herbicide rimsulfuron, N-[[(4,6- analytical methods for detecting and established tolerances superseded by dimethoxy-2-pyrimidinyl)amino] measuring levels of clethodim have this action for residues of the sum of the carbonyl]-3-(ethylsulfonyl)-2- been developed and validated in/on all herbicide clethodim, 2-[(1E)-1-[[[(2E)-3- pyridinesulfonamide, including its appropriate agricultural commodities chloro-2-propenyl]oxy]imino]propyl]-5- metabolites and degradates, in or on and respective processing fractions. The [2-(ethylthio)propyl]-3-hydroxy-2- berry, low growing, except strawberry, LOQ of clethodim in the methods is 0.2 cyclohexen-1-one, and its metabolites subgroup 13–07H at 0.01 parts per ppm, which will allow monitoring of containing the 5-(2- million (ppm), fruit, citrus, group 10–10 food with residues at the levels ethylthiopropyl)cyclohexene-3-one and at 0.01 ppm, fruit, pome, group 11–10 proposed for the tolerances. Contact: 5-(2-ethylthiopropyl)-5- at 0.01 ppm, fruit, stone, group 12–12 at RD. hydroxycyclohexene-3-one moieties and 0.01 ppm, nut, tree, group 14–12 at 0.01 4. PP 6F8512. (EPA–HQ–OPP–2016– their sulphoxides and sulphones, ppm, vegetable, tuberous and corm, 0649). Nisso America Inc., on behalf of calculated as the stoichiometric sradovich on DSK3GMQ082PROD with PROPOSALS subgroup 1C at 0.1 ppm, fruit, small, Nippon Soda Co., Ltd., 88 Pine Street, equivalent of clethodim in or on the raw vine climbing, except fuzzy kiwifruit, 14th Floor, New York, NY 10005, agricultural commodities asparagus at subgroup 13–07F at 0.01 ppm, and requests to establish tolerances in 40 1.7 ppm; brassica, head and stem, tolerances with regional restrictions in CFR part 180.667 for residues of the subgroup 5A at 3.0 ppm; brassica, leafy or on fescue, forage at 0.01 ppm; fescue, fungicide, cyflufenamid, in or on cherry greens, subgroup 5B at 3.0 ppm; leaf hay at 0.01 ppm; ryegrass, perennial, (crop sub-group 12–12A) at 0.6 ppm, petioles subgroup 4B at 0.60 ppm; leafy hay at 0.01 ppm, and ryegrass, fruiting vegetables (crop group 8–10) at greens subgroup 4A at 2.0 ppm; onion, perennial, forage at 0.01 ppm. 0.2 ppm, and hops at 5.0 ppm. A green at 2.0 ppm; turnip, greens at 3.0 VerDate Sep<11>2014 16:56 Mar 22, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\23MRP1.SGM 23MRP1

14848 Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Proposed Rules ppm; and vegetable, fruiting, group 8–10 carrier’s on-road safety data; an final rule, a SNPRM would be the next at 1.0 ppm. Practical analytical methods investigation; or a combination of on- step in the rulemaking process.1 for detecting and measuring levels of road safety data and investigation NPRM Comments Generally clethodim have been developed and information. FMCSA had recently validated in/on all appropriate announced that, rather than move to a Elimination of Three Tier Rating System agricultural commodities and respective final rule, a Supplemental Notice of and Scope of FMCSA Rating Obligation processing fractions. The Limit of Proposed Rulemaking (SNPRM) would In the NPRM, FMCSA proposed to Quantitation (LOQ) of clethodim in the be the next step in the rulemaking eliminate the current three ratings of methods is 0.2 ppm, which will allow process. However, after reviewing the satisfactory, conditional and monitoring of food with residues at the record in this matter, FMCSA unsatisfactory. Instead, the Agency levels proposed for the tolerances. withdraws the NPRM and cancels the proposed only one rating of ‘‘unfit.’’ Contact: RD. plans to develop a Supplemental Notice Commenters including John Brannum, Amended Tolerance Exemptions of Proposed Rulemaking. The Agency C.H. Robinson, Greyhound Lines, must receive the Correlation Study from Advocates for Highway and Auto Safety 1. PP 6G8523. (EPA–HQ–OPP–2014– (Advocates), Road Safe America, Truck 0457). J.R. Simplot Company, 5369 W. the National Academies of Science, as required by the Fixing America’s Safety Coalition and the American Irving St., Boise, ID 83706, requests to Association for Justice supported the amend an exemption from the Surface Transportation (FAST) Act, assess whether and, if so, what termination of the three-tier rating requirement of a tolerance in 40 CFR system. These commenters supported 174.534 for residues of the plant- corrective actions are advisable, and complete additional analysis before the fact that this change would not incorporated protectant (PIP) VNT1 allow conditional carriers to operate protein in or on potato. The petitioner determining whether further rulemaking action is necessary to revise the safety without improving their operations and believes no analytical method is needed would make it much clearer for the for enforcement purposes because the fitness determination process. shipping community to determine VNT1 protein concentration is lower DATES: The NPRM ‘‘Carrier Safety which carriers may or may not operate. than the detectable limit of 100 parts per Fitness Determination,’’ RIN 2126– Specifically, C. H. Robinson noted it has billion (ppb) in tubers. As the AB11, published on January 21, 2016 long recommended a two-tiered expression levels of the VNT1 protein (81 FR 3562), is withdrawn as of March structure that more clearly signals to are below detection limits, it is shippers, and other industry 23, 2017. impractical to demonstrate methods for stakeholders, which carriers should not detecting and measuring the levels of FOR FURTHER INFORMATION CONTACT: Ms. be hired due to safety concerns. It said the pesticide residues. Contact: BPPD. Barbara Baker, (202) 366–3397, all stakeholders seek clear direction Authority: 21 U.S.C. 346a. barbara.baker@dot.gov. FMCSA office from FMCSA, and FMCSA desires hours are from 7:30 a.m. to 4 p.m., stakeholders to properly use data Dated: January 11, 2017. Monday through Friday, except Federal collected by FMCSA. David Gee, an Michael Goodis, holidays. owner of a motor carrier and a broker, Acting Director, Registration Division, Office of Pesticide Programs. On SUPPLEMENTARY INFORMATION: commented that the Agency should use January 21, 2016, FMCSA published an [FR Doc. 2017–05704 Filed 3–22–17; 8:45 am] the rulemaking to affirm that the NPRM proposing revisions to the shipper and broker community can rely BILLING CODE 6560–50–P current methodology for issuance of a upon the agency’s ultimate safety fitness SFD for motor carriers as required by 49 determination in making carrier selections free from state law negligence DEPARTMENT OF TRANSPORTATION U.S.C. 31144 (81 FR 3562). suits. Greyhound stated it agrees that The essential elements of the the change will do away with the Federal Motor Carrier Safety proposed rule included determining misperception that a ‘‘satisfactory’’ Administration safety fitness from not only a rating is a sign of operational approval. comprehensive compliance However, commenters including the 49 CFR Parts 350, 365, 385, 386, 387, investigation, but also considering National Motor Freight Traffic and 395 roadside inspections data. Adding Association (NMFTA), Minnesota [Docket No. FMCSA–2015–0001] roadside inspections to the proposal Trucking Association, School Bus, Inc., included a minimum number of National School Transportation RIN 2126–AB11 inspections and violations to be used for Association, and the American Trucking Carrier Safety Fitness Determination the SFD, as well as providing failure Associations, Inc. (ATA), opposed the standards, and elimination of the proposed change. ATA wrote that the AGENCY: Federal Motor Carrier Safety current three-tier rating system (i.e., proposal to remove the term ‘‘safety Administration (FMCSA), DOT. satisfactory—conditional— rating’’ may have negative, perhaps ACTION: Notice of withdrawal. unsatisfactory). Also, the NPRM unanticipated, consequences. proposed revising the SFD appeals Specifically, ATA explained that there SUMMARY: FMCSA withdraws its January process and establishing will be no means to distinguish fleets 21, 2016, notice of proposed rulemaking implementation and transition whose safety management controls have sradovich on DSK3GMQ082PROD with PROPOSALS (NPRM), which proposed a revised provisions for a final rule. been verified during compliance methodology for issuance of a safety reviews (i.e. those labeled fitness determination (SFD) for motor The Agency received 153 initial carriers. The new methodology would comment period submissions and 17 1 See ‘‘FMCSA Sets Schedule for Safety Fitness have determined when a motor carrier reply comment period submissions in Determination—Supplemental Notice of Proposed is not fit to operate commercial motor response to the NPRM. After Rulemaking,’’ January 12, 2017, at https:// www.fmcsa.dot.gov/newsroom/fmcsa-sets-schedule- vehicles (CMVs) in or affecting considering the comments, FMCSA safety-fitness-determination-supplemental-notice- interstate commerce based on the announced that, rather than move to a proposed-rulemaking. VerDate Sep<11>2014 16:56 Mar 22, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\23MRP1.SGM 23MRP1


Document Created: 2017-03-23 02:45:37
Document Modified: 2017-03-23 02:45:37
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 April 24, 2017.
ContactRobert McNally, Biopesticides and Pollution Prevention Division (BPPD) (7511P), main telephone number:
FR Citation82 FR 14846 
CFR Citation40 CFR 174
40 CFR 180
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