82 FR 34664 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 142 (July 26, 2017)

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, Number 142 (Wednesday, July 26, 2017)]
[Notices]
[Pages 34664-34666]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15730]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0006; FRL-9963-50]


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 August 25, 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: Robert McNally, Biopesticides and 
Pollution Prevention Division (BPPD) (7511P), main telephone number: 
(703) 305-7090, email address: [email protected]; or Michael 
Goodis, Registration Division (RD) (7505P), main telephone number: 
(703) 305-7090, email address: [email protected]. The mailing address 
for each contact person is: Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001. As part of the mailing address, include the contact person's 
name, division, and mail code. The division to contact is listed at the 
end of each pesticide petition summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the

[[Page 34665]]

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 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.
Amended Tolerances for Non-Inerts
    1. PP 6E8503. (EPA-HQ-OPP-2016-0600). BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC 27709, requests to 
amend the tolerance in 40 CFR 180.589 for residues of the fungicide, 
boscalid, 3-pyridinecarboxamide,2-chloro-N-(4'-chloro[1,1'-biphenyl]-2-
yl) in or on Vegetable, legume, edible-podded, subgroup 6A from 1.6 ppm 
to 5.0 ppm. Gas chromatography using mass spectrometry (GC/MS) is used 
to measure and evaluate the chemical in dry and succulent beans and 
peas. Contact: RD.
    2. PP 6E8484. (EPA-HQ-OPP-2016-0254). IR-4, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W., 
Princeton, NJ 08540, requests that upon establishing tolerances for 
this petition under ``New Tolerances'' above, 40 CFR part 180.475 is 
amended to remove existing tolerances for residues of the fungicide 
difenoconazole, 1-[2-[2-chloro-4-(4- chlorophenoxy)phenyl]-4-methyl-
1,3-dioxolan-2-ylmethyl]-1H-1,2,4-triazole, including its metabolites 
and degradates, to be determined by measuring only difenoconazole in or 
on brassica, head and stem, subgroup 5A at 1.9 ppm, brassica, leafy 
greens, subgroup 5B at 35 ppm; grape at 4.0 ppm; and turnip, greens at 
35 ppm. Contact: RD.
    3. PP 6F8517. (EPA-HQ-OPP-2016-0639). Tessenderlo Kerley, Inc., 
2255 N. 44th St., Suite 300, Phoenix, AZ 85008, requests to amend the 
tolerance in 40 CFR 180.415 for residues of the fungicide, aluminum 
tris (O-ethylphosphonate), in or on Fruit, citrus, group 10 from 5.0 
ppm to 9.0 ppm. Adequate enforcement methodology available in the 
Pesticide Analytical Manual (PAM II, Method II) is used to measure and 
evaluate the chemical in the above citrus group. Contact: RD.
New Tolerance Exemptions
    1. PP 6F8514. (EPA-HQ-OPP-2017-0185). FMC Corporation, FMC Tower at 
Cira Centre South, 2929 Walnut St., Philadelphia, PA 19104, requests to 
establish an exemption from the requirement of a tolerance in 40 CFR 
part 180 for residues of the fungicide, plant regulator, and nematocide 
Bacillus licheniformis strain FMCH001 in or on all food commodities. 
The petitioner believes no analytical method is needed because an 
analytical method for residues is not applicable. It is expected that, 
when used as proposed, Bacillus licheniformis strain FMCH001 would not 
result in residues that are of toxicological concern. Contact: BPPD.
    2. PP 6F8515. (EPA-HQ-OPP-2017-0186). FMC Corporation, FMC Tower at 
Cira Centre South, 2929 Walnut St., Philadelphia, PA 19104, requests to 
establish an exemption from the requirement of a tolerance in 40 CFR 
part 180 for residues of the fungicide and plant regulator Bacillus 
subtilis strain FMCH002 in or on all food commodities. The petitioner 
believes no analytical method is needed because an analytical method 
for residues is not applicable. It is expected that, when used as 
proposed, Bacillus subtilis strain FMCH002 would not result in residues 
that are of toxicological concern. Contact: BPPD.
New Tolerances for Non-Inerts
    1. PP 6E8484. (EPA-HQ-OPP-2016-0254). IR-4, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W., 
Princeton, NJ 08540, requests to establish tolerances in 40 CFR part 
180.475 for residues of the fungicide difenoconazole, 1-[2-[2-chloro-4-
(4-chlorophenoxy)phenyl]-4- methyl-1,3-dioxolan-2-ylmethyl]-1H-1,2,4-
triazole, including its metabolites and degradates, to be determined by 
measuring only difenoconazole in or on brassica, leafy greens, subgroup 
4-16B at 35 ppm; cranberry at 0.6 ppm; fruit, small, vine climbing, 
except fuzzy kiwifruit, subgroup 13-07F at 4.0 ppm; guava at 3.0 ppm; 
kohlrabi at 2.0 ppm; papaya at 0.6 ppm; and vegetable, brassica, head 
and stem, group 5-16 at 2.0 ppm. Available analytical methods for crops 
include gas chromatography (GC) equipped with a nitrogen -phosphorous 
detector; and LC/MS/MS; and for meat, milk, poultry or eggs, Syngenta's 
method, AG544A, is used to measure and evaluate the chemical 
difenoconazole. Contact: RD.
    2. PP 6F8499. (EPA-HQ-OPP-2016-0752). Syngenta Crop Protection, 
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish a 
tolerance in 40

[[Page 34666]]

CFR part 180 for residues of the fungicide benzovindiflupyr in or on 
Sugarcane, cane, at 0.3 parts per million (ppm). The GRM042.03A and 
GRM042.04A for plant products are used to measure and evaluate the 
chemical benzovindiflupyr. Contact: RD.
    3. PP 6F8522. (EPA-HQ-OPP-2016-0754). Nufarm Americas Inc., 4020 
Aerial Center Parkway, Suite 101, Morrisville, NC 27545., requests to 
establish a tolerance in 40 CFR part 180 for residues of the 
bactericide/fungicide oxytetracycline in or on citrus, group 10-10, at 
0.6 parts per million (ppm) and citrus, dried pulp, at 1.2 ppm. The LC/
MS/MS is used to measure and evaluate the chemical oxytetracycline, 
utilizing turbo ion spray in the positive ionization mode. Contact: RD.
    4. PP 6F8542. (EPA-HQ-OPP-2017-0167). Syngenta Crop Protection, 
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish a 
tolerance in 40 CFR part 180 for residues of the fungicide 
benzovindiflupyr in or on grasses grown for seed, hay at 7 parts per 
million (ppm); grasses grown for seed, straw at 6ppm and grasses grown 
for seed, forage at .15 ppm. The GRM042.03A and GRM042.04A methods for 
plant products are used to measure and evaluate the chemical 
benzovindiflupyr. Contact: RD.

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

    Dated: June 19, 2017.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2017-15730 Filed 7-25-17; 8:45 am]
 BILLING CODE 6560-50-P