82 FR 47422 - Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 196 (October 12, 2017)

Page Range		47422-47423
FR Document		2017-22115

This document announces the Agency's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

Federal Register, Volume 82 Issue 196 (Thursday, October 12, 2017)

[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Proposed Rules]
[Pages 47422-47423]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-22115]

[[Page 47422]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0817; FRL-9967-09]

Receipt of a Pesticide Petition Filed for Residues of Pesticide
Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: This document announces the Agency's receipt of an initial
filing of a pesticide petition requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before November 13, 2017.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0817 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:
RDFRNotices@epa.gov.

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).

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 receipt of a pesticide petition 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 request before responding to the petitioner. EPA is not proposing
any particular action at this time. EPA has determined that the
pesticide petition described in this document contains 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 supports granting of
the pesticide petition. 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 this pesticide petition.
Pursuant to 40 CFR 180.7(f), a summary of the petition that is the
subject of this document, prepared by the petitioner, is included in a
docket EPA has created for this rulemaking. The docket for this
petition 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.
PP 5F8408. EPA-HQ-OPP-2015-0817. OAT AGRIO CO., LTD., 1-3-1 Kanda
Ogawa-machi, Chiyoda-ku, Tokyo 101-0052, Japan, requests to establish a
tolerance in 40 CFR part 180 for residues of fungicide, flutianil (Z)-
2-[2-fluoro-5-(trifluoromethyl)phenylthio]-2-[3-(2-methoxyphenyl)-1,3-
thiazolidin-2-ylidene]acetonitrile, in or on apple at 0.15 parts per
million (ppm); apple, wet pomace at 0.30 ppm; cantaloupe at 0.07 ppm;
cherry at 0.4 ppm; cucumber at 0.20 ppm; grape at 0.70 ppm; squash at
0.05 ppm; and strawberry at 0.50 ppm. Additionally, OAT AGRIO Company
requests to establish an exemption from the requirement of a tolerance
in 40 CFR part 180 for indirect or inadvertent residues of fungicide,
flutianil in or on all food commodities that do not have tolerances.
The gas chromatography-mass spectrometry detector (GC/MSD) is used to
measure and evaluate the chemical flutianil on apples, cantaloupe,
cherry, cucumber, squash, and strawberry. The high performance liquid
chromatography with tandem mass spectral detection (LCMS/MS) is used to
measure and evaluate the chemical flutianil and the metabolite OC-56635
in grapes. Contact: RD.
In the Federal Register of April 25, 2016 (81 FR 24044) (FRL-9924-
00), EPA issued a document pursuant to

[[Page 47423]]

FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of
a pesticide petition (PP 5F8408) by OAT AGRIO Company requesting that
40 CFR part 180 be amended by establishing tolerances on various
agricultural commodities for residues of the fungicide, flutianil. That
petition (PP 5F8408) has since been amended to also request an
exemption from the requirement of a tolerance for indirect or
inadvertent residues of all food commodities for which the EPA does not
have established tolerances. Additionally, several revisions were made
to both the commodity terminology and the tolerance level for certain
commodities.

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

Dated: September 28, 2017.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-22115 Filed 10-11-17; 8:45 am]
BILLING CODE 6560-50-P

47422 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Proposed Rules

ENVIRONMENTAL PROTECTION provides a guide to help readers public comment on the request before
AGENCY determine whether this document responding to the petitioner. EPA is not
applies to them. Potentially affected proposing any particular action at this
40 CFR Part 180 entities may include: time. EPA has determined that the
[EPA–HQ–OPP–2015–0817; FRL–9967–09]
• Crop production (NAICS code 111). pesticide petition described in this
• Animal production (NAICS code document contains data or information
Receipt of a Pesticide Petition Filed for 112). prescribed in FFDCA section 408(d)(2),
Residues of Pesticide Chemicals in or • Food manufacturing (NAICS code 21 U.S.C. 346a(d)(2); however, EPA has
on Various Commodities 311). not fully evaluated the sufficiency of the
• Pesticide manufacturing (NAICS submitted data at this time or whether
AGENCY: Environmental Protection code 32532). the data supports granting of the
Agency (EPA). pesticide petition. After considering the
B. What should I consider as I prepare
ACTION: Notice of filing of petition and my comments for EPA? public comments, EPA intends to
request for comment. evaluate whether and what action may
1. Submitting CBI. Do not submit this be warranted. Additional data may be
SUMMARY: This document announces the information to EPA through needed before EPA can make a final
Agency’s receipt of an initial filing of a regulations.gov or email. Clearly mark determination on this pesticide petition.
pesticide petition requesting the the part or all of the information that Pursuant to 40 CFR 180.7(f), a
establishment or modification of you claim to be CBI. For CBI summary of the petition that is the
regulations for residues of pesticide information in a disk or CD–ROM that subject of this document, prepared by
chemicals in or on various commodities. you mail to EPA, mark the outside of the the petitioner, is included in a docket
DATES: Comments must be received on disk or CD–ROM as CBI and then EPA has created for this rulemaking.
or before November 13, 2017. identify electronically within the disk or The docket for this petition is available
ADDRESSES: Submit your comments, CD–ROM the specific information that at http://www.regulations.gov.
identified by docket identification (ID) is claimed as CBI. In addition to one As specified in FFDCA section
number EPA–HQ–OPP–2015–0817 by complete version of the comment that 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is
one of the following methods: includes information claimed as CBI, a publishing notice of the petition so that
• Federal eRulemaking Portal: http:// copy of the comment that does not the public has an opportunity to
www.regulations.gov. Follow the online contain the information claimed as CBI comment on this request for the
instructions for submitting comments. must be submitted for inclusion in the establishment or modification of
Do not submit electronically any public docket. Information so marked regulations for residues of pesticides in
information you consider to be will not be disclosed except in or on food commodities. Further
Confidential Business Information (CBI) accordance with procedures set forth in information on the petition may be
or other information whose disclosure is 40 CFR part 2. obtained through the petition summary
restricted by statute. 2. Tips for preparing your comments. referenced in this unit.
• Mail: OPP Docket, Environmental When preparing and submitting your PP 5F8408. EPA–HQ–OPP–2015–
Protection Agency Docket Center (EPA/ comments, see the commenting tips at 0817. OAT AGRIO CO., LTD., 1–3–1
DC), (28221T), 1200 Pennsylvania Ave. http://www.epa.gov/dockets/ Kanda Ogawa-machi, Chiyoda-ku,
NW., Washington, DC 20460–0001. comments.html. Tokyo 101–0052, Japan, requests to
• Hand Delivery: To make special 3. Environmental justice. EPA seeks to establish a tolerance in 40 CFR part 180
arrangements for hand delivery or achieve environmental justice, the fair for residues of fungicide, flutianil (Z)-2-
delivery of boxed information, please treatment and meaningful involvement [2-fluoro-5-(trifluoromethyl)phenylthio]-
follow the instructions at http:// of any group, including minority and/or 2-[3-(2-methoxyphenyl)-1,3-thiazolidin-
www.epa.gov/dockets/contacts.html. low-income populations, in the 2-ylidene]acetonitrile, in or on apple at
Additional instructions on development, implementation, and 0.15 parts per million (ppm); apple, wet
commenting or visiting the docket, enforcement of environmental laws, pomace at 0.30 ppm; cantaloupe at 0.07
along with more information about regulations, and policies. To help ppm; cherry at 0.4 ppm; cucumber at
dockets generally, is available at http:// address potential environmental justice 0.20 ppm; grape at 0.70 ppm; squash at
www.epa.gov/dockets. issues, the Agency seeks information on 0.05 ppm; and strawberry at 0.50 ppm.
FOR FURTHER INFORMATION CONTACT: any groups or segments of the Additionally, OAT AGRIO Company
Michael L. Goodis, P.E., Registration population who, as a result of their requests to establish an exemption from
Division (7505P), Office of Pesticide location, cultural practices, or other the requirement of a tolerance in 40 CFR
Programs, Environmental Protection factors, may have atypical or part 180 for indirect or inadvertent
Agency, 1200 Pennsylvania Ave. NW., disproportionately high and adverse residues of fungicide, flutianil in or on
Washington, DC 20460–0001; main human health impacts or environmental all food commodities that do not have
telephone number: (703) 305–7090; effects from exposure to the pesticides tolerances. The gas chromatography-
email address: RDFRNotices@epa.gov. discussed in this document, compared mass spectrometry detector (GC/MSD) is
to the general population. used to measure and evaluate the
SUPPLEMENTARY INFORMATION:
chemical flutianil on apples,
II. What action is the agency taking? cantaloupe, cherry, cucumber, squash,
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

I. General Information
EPA is announcing receipt of a and strawberry. The high performance
A. Does this action apply to me? pesticide petition filed under section liquid chromatography with tandem
You may be potentially affected by 408 of the Federal Food, Drug, and mass spectral detection (LCMS/MS) is
this action if you are an agricultural Cosmetic Act (FFDCA), 21 U.S.C. 346a, used to measure and evaluate the
producer, food manufacturer, or requesting the establishment or chemical flutianil and the metabolite
pesticide manufacturer. The following modification of regulations in 40 CFR OC–56635 in grapes. Contact: RD.
list of North American Industrial part 180 for residues of pesticide In the Federal Register of April 25,
Classification System (NAICS) codes is chemicals in or on various food 2016 (81 FR 24044) (FRL–9924–00),
not intended to be exhaustive, but rather commodities. The Agency is taking EPA issued a document pursuant to

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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Proposed Rules 47423

FFDCA section 408(d)(3), 21 U.S.C. 60 days following publication of this I. General Information
346a(d)(3), announcing the filing of a document.
A. Does this action apply to me?
pesticide petition (PP 5F8408) by OAT
AGRIO Company requesting that 40 CFR DATES: Comments must be received on You may be potentially affected by
part 180 be amended by establishing or before December 11, 2017. this action if you manufacture
tolerances on various agricultural ADDRESSES: Submit your comments, (including manufacture as a byproduct
commodities for residues of the identified by docket identification (ID) chemical substance and including
fungicide, flutianil. That petition (PP number EPA–HQ–OPPT–2016–0597, by import) chemical substances listed on
5F8408) has since been amended to also one of the following methods: the Toxic Substances Control Act
request an exemption from the (TSCA) Inventory. The following list of
• Federal eRulemaking Portal: http://
requirement of a tolerance for indirect North American Industrial
www.regulations.gov. Follow the online
or inadvertent residues of all food Classification System (NAICS) codes are
instructions for submitting comments.
commodities for which the EPA does not intended to be exhaustive, but rather
Do not submit electronically any
not have established tolerances. provides a guide to help readers
information you consider to be
Additionally, several revisions were determine whether this action may
Confidential Business Information (CBI)
made to both the commodity apply to them:
or other information whose disclosure is
terminology and the tolerance level for 1. Chemical manufacturers and
restricted by statute.
certain commodities. importers (NAICS codes 325 and
• Mail: Document Control Office 324110; e.g., chemical manufacturing
Authority: 21 U.S.C. 346a.
(7407M), Office of Pollution Prevention and processing and petroleum
Dated: September 28, 2017. and Toxics (OPPT), Environmental refineries).
Michael Goodis, Protection Agency, 1200 Pennsylvania 2. Chemical users and processors who
Director, Registration Division, Office of Ave. NW., Washington, DC 20460–0001. may manufacture a byproduct chemical
Pesticide Programs. • Hand Delivery: To make special substance (NAICS codes 22, 322, 331,
[FR Doc. 2017–22115 Filed 10–11–17; 8:45 am] arrangements for hand delivery or and 3344; e.g., utilities, paper
BILLING CODE 6560–50–P delivery of boxed information, please manufacturing, primary metal
follow the instructions at http:// manufacturing, and semiconductor and
www.epa.gov/dockets/contacts.html. other electronic component
ENVIRONMENTAL PROTECTION manufacturing).
AGENCY Additional instructions on
commenting or visiting the docket, If you have any questions regarding
40 CFR Part 711 along with more information about the applicability of this action to a
dockets generally, is available at http:// particular entity, consult the technical
[EPA–HQ–OPPT–2016–0597; FRL–9968–94; person listed under FOR FURTHER
www.epa.gov/dockets.
RIN 2070–AK31] INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Any
Chemical Data Reporting; member of the public wishing to obtain B. What should I consider as I prepare
Requirements for Inorganic Byproduct information concerning the cancellation my comments for EPA?
Chemical Substances; Notice of Public of this meeting may contact Jonah 1. Request for Input. Though the
Meeting; Cancellation and Public Input Richmond, Designated Federal Officer Committee has concluded its
Opportunity (DFO), Conflict Prevention and discussions and will not reconvene,
AGENCY: Environmental Protection Resolution Center, Office of General EPA encourages public input on ways to
Agency (EPA). Counsel, 1200 Pennsylvania Ave. NW., decrease the burden associated with the
Washington, DC 20460–0001; telephone reporting of inorganic byproducts while
ACTION: Rulemaking committee meeting;
number: (202) 564–0210; email address: maintaining the Agency’s ability to
Cancellation of public meeting. Richmond.jonah@epa.gov. General receive the information it needs to
SUMMARY: EPA published a document in information about the Committee, as understand exposure. EPA is opening
the Federal Register of August 18, 2017 well as any updates concerning the for 60 days the docket identified in this
(82 FR 39402) concerning meetings of information included in this document, document to receive this public input.
the Negotiated Rulemaking Committee may be found at https://www.epa.gov/ 2. Submitting CBI. Do not submit this
(Committee). This document cancels the chemical-data-reporting/negotiated- information to EPA through http://
meeting scheduled for October 25–26, rulemaking-committee-chemical-data- www.regulations.gov or email. Clearly
2017. The Committee decided at the reporting-requirements. mark the part or all of the information
September 13–14, 2017, meeting that it For technical information contact: that you claim to be CBI. For CBI
could not reach consensus, has Susan Sharkey, Chemical Control information in a disk or CD–ROM that
concluded its discussions, and that the Division (7405M), Office of Pollution you mail to EPA, mark the outside of the
fourth meeting, scheduled for October Prevention and Toxics, Environmental disk or CD–ROM as CBI and then
25–26, 2017, is not needed. Though the Protection Agency, 1200 Pennsylvania identify electronically within the disk or
Committee has concluded its Ave. NW., Washington, DC 20460–0001; CD–ROM the specific information that
discussions, EPA is providing an telephone number: (202) 564–8789; is claimed as CBI. In addition to one
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS

opportunity for the public to offer input email address: sharkey.susan@epa.gov. complete version of the comment that
about approaches that would reduce For general information contact: The includes information claimed as CBI, a
burden associated with the reporting of TSCA-Hotline, ABVI-Goodwill, 422 copy of the comment that does not
inorganic byproducts while maintaining South Clinton Ave., Rochester, NY contain the information claimed as CBI
the Agency’s ability to receive the 14620; telephone number: (202) 554– must be submitted for inclusion in the
information it needs to understand 1404; email address: TSCA-Hotline@ public docket. Information so marked
exposure. The docket established for the epa.gov. will not be disclosed except in
negotiated rulemaking public meetings accordance with procedures set forth in
will be open to receive public input for SUPPLEMENTARY INFORMATION: 40 CFR part 2.

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Document Created: 2018-10-25 10:05:42
Document Modified: 2018-10-25 10:05:42

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 petition and request for comment.
Dates		Comments must be received on or before November 13, 2017.
Contact		Michael L. Goodis, P.E., Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
FR Citation		82 FR 47422