83 FR 8408 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 39 (February 27, 2018)

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 83, Number 39 (Tuesday, February 27, 2018)]
[Proposed Rules]
[Pages 8408-8410]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03989]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0006; FRL-9972-17]


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 March 29, 2018.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition number (PP) of interest as shown 
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael 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.

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

[[Page 8409]]

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

Amended Tolerances

    1. PP 7F8552. (EPA-HQ-OPP-2017-0234 Syngenta Crop Protection, LLC, 
P.O. Box 18300, Greensboro, NC 27419-18300, requests to amend the 
tolerance in 40 CFR part 180.565 for residues of the insecticide, 
thiamethoxam, {3-[(2-chloro-5-thiazolyl)methyl]tetrahydro-5-methyl-N-
nitro-4H-1,3,5-oxadiazin-4-imine{time}  (CAS Reg. No. 153719-23-4) and 
its metabolite[N-(2-chloro-thiazol-5-ylmethyl)-N'-methyl-N'-nitro-
guanidine on the grain, cereal, group 15, except barley at 0.02 parts 
per million (ppm) by establishing individual tolerances in or on 
buckwheat, grain at 0.9 ppm; corn, field grain at 0.02 ppm; oat, grain 
at 0.9 ppm; rice, grain at 6 ppm; rice, straw at 2 ppm; rye, grain at 
0.9 ppm; sorghum, grain at 0.6; sorghum, grain forage at 0.9 ppm; 
sorghum, sweet, stalk at 0.7 ppm; triticale grain at 0.9 ppm; wheat, 
bran at 0.5 ppm; wheat, germ at 0.5 ppm; wheat, grain at 0.5 ppm. In 
addition, Syngenta requests to amend existing tolerances in 40 CFR 
180.565 for residues of the insecticide, thiamethoxam, {3-[(2-chloro-5 
thiazolyl)methyl]tetrahydro-5-methyl-N-nitro-4H-1,3,5-oxadiazin-4-
imine{time}  (CAS Reg. No. 153719-23-4) and its metabolite[N-(2-chloro-
thiazol-5-ylmethyl)-N'-methyl-N'-nitro-guanidine as follows: Alfalfa, 
forage from 0.05 to 10 ppm; alfalfa, hay from 0.12 to 8 ppm; aspirated 
grain fractions from 2.0 to 2.5 ppm; barley, hay from 0.40 to 1.5 ppm; 
barley, grain from 0.4 to 0.9 ppm; barley, straw from 0.40 to 3 ppm; 
corn, field, forage from 0.10 to 0.6 ppm; corn, field, stover from 0.05 
to 1.0 ppm; corn, pop, forage from 0.10 to 0.6 ppm; corn, pop, stover 
from 0.05 to 1.0 ppm; corn, sweet forage from 0.10 to 5 ppm; corn, 
sweet, kernel plus cob with husks removed from 0.02 to 0.03 ppm; corn, 
sweet, stover from 0.05 to 4 ppm; potato from 0.25 to 0.15 ppm; 
sorghum, grain, stover from 0.02 to 1.5 ppm; wheat, forage from 0.50 to 
3 ppm; wheat, hay from 0.02 to 8 ppm; and wheat, straw from 0.02 to 6 
ppm. The liquid chromatography with either UV or MS detections is used 
to measure and evaluate the chemical. Contact: RD.
    2. PP 7F8633. (EPA-HQ-OPP-2017-0530). Bayer CropScience LP2, T.W. 
Alexander Dr., Research Triangle Park, NC 27709, requests to amend the 
tolerance in 40 CFR 180.555 for residues of the fungicide, 
trifloxystrobin, in or on grain, aspirated fractions at 15 ppm. Either 
gas chromatography with nitrogen-phosphorus detection, or liquid 
chromatography/mass spectrometry/mass spectrometry (LC/MS/MS) are used 
to measure and evaluate the chemical trifloxystrobin and the free form 
of its acid metabolite CGA-321113 ((E,E)-methoxyimino-[2-[1-(3-
trifluoromethyl-phenyl)-ethylideneaminooxymethyl]-phenyl]acetic acid). 
Contact: RD.

New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11023. (EPA-HQ-OPP 2017-0666) Lewis & Harrison, LLC, 122 C 
Street NW, Suite 505, Washington, DC 20001, on behalf of BASF 
Corporation, 100 Park Avenue, Florham Park, NJ 07932 requests to 
establish an exemption from the requirement of a tolerance for residues 
of poly(oxy-1,2-ethanediyl), [alpha]-(1-oxoalkyl)-[omega]-methoxy-, 
where the alkyl chain contains a minimum of six and a maximum of 18

[[Page 8410]]

carbons and the oxyethylene content is 3-13 moles (CAS Reg. Nos. 53100-
65-5, 194289-64-0- 34398-00-0, 9006-27-3, 32761-35-6, 53467-81-5, 
518299-31-5, 34397-99-4) when used as a stabilizer and solubilizing 
agent in pesticide formulations applied to growing crops or raw 
agricultural commodities after harvest at a maximum concentration in 
pesticide formulation of 25% by weight. The petitioner believes no 
analytical method is needed because it is not required for the 
establishment of a tolerance exemption for inert ingredients. Contact: 
RD.
    2. PP IN-11059. (EPA-HQ-OPP-2017-0574) Nutri Ag, Inc., 4740 N 
Interstate 35 E, Waxahachie, TX 75165 requests to establish an 
exemption from the requirement of a tolerance for residues of zinc 
oxide (CAS Reg. No. 1314-13-2) when used as an inert ingredient 
(stabilizer) in pesticide formulations applied to growing crops and raw 
agricultural commodities after harvest under 40 CFR 180.910. The 
petitioner believes no analytical method is needed because it is not 
required for an exemption from the requirement of a tolerance. Contact: 
RD.

New Tolerances for Non-Inerts

    1. PP 7E8584. (EPA-HQ-OPP-2017-0505). Bayer CropScience, 2 T.W. 
Alexander Drive, Research Triangle Park, NC 27709, requests to 
establish a tolerance in 40 CFR part 180 for residues of spiromesifen; 
2-oxo-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-en-4-yl 3,3-
dimethylbutanoate, and its enol metabolite (4-hydroxy-3-(2,4,6-
trimethylphenyl)-1-oxaspiro[4.4]non-3-en-2-one calculated as the 
stoichiometric equivalent of spiromesifen in or on the raw agricultural 
commodities Coffee bean, green at 0.20 parts per million (ppm); Coffee 
bean, roasted at 0.20 ppm; and Coffee, instant at 0.20 ppm. 
Spiromesifen residues are quantified in raw agricultural commodities by 
high pressure liquid chromatography/triple stage quadrupole mass 
spectrometry (LC/MS/MS) using the stable isotopically labeled analytes 
as internal standards. Contact: RD.
    2. PP 6F8533. (EPA-HQ-OPP-2017-0235). Monsanto Company, 1300 I 
Street NW, Suite 450 East, Washington, DC 20005, requests to establish 
a tolerance in 40 CFR part 180 for residues of the herbicide acetochlor 
in or on Alfalfa, forage at 8 ppm, Alfalfa, hay at 20 ppm, Cattle, fat 
at 0.02 ppm, Cattle, kidney at 0.03 ppm, Cattle, meat at 0.02 ppm, 
Cattle, meat byproducts, except kidney at 0.02 ppm, Goat, fat at 0.02 
ppm, Goat, kidney at 0.03 ppm, Goat, meat at 0.02 ppm, Goat, meat 
byproducts, except kidney at 0.02 ppm, Hog, kidney at 0.02 ppm, Horse, 
fat at 0.02 ppm, Horse, kidney at 0.03 ppm, Horse, meat at 0.02 ppm, 
Horse, meat byproducts, except kidney at 0.02 ppm, Milk at 0.02 ppm, 
Sheep, fat at 0.02 ppm, Sheep, kidney at 0.03 ppm, Sheep, meat at 0.02 
ppm, Sheep, meat byproducts, except kidney at 0.02 ppm. The HPLC-OCED 
is used to measure and evaluate the chemical acetochlor. Contact: RD.
    3. PP 7F8552. (EPA-HQ-OPP-2017-0234). Syngenta Crop Protection, 
LLC, P.O. Box 18300, Greensboro, NC 27419-18300, requests to establish 
a tolerance in 40 CFR part 180 for residues of the insecticide, 
thiamethoxam, {3-[(2-chloro-5-thiazolyl)methyl]tetrahydro-5-methyl-N-
nitro-4H-1,3,5-oxadiazin-4-imine{time}  (CAS Reg. No. 153719-23-4) and 
its metabolite[N-(2-chloro-thiazol-5-ylmethyl)-N'-methyl-N'-nitro-
guanidine, in or on Alfalfa, seed at 1 ppm; and sugarcane at 0.01 ppm. 
Contact: RD.
    4. PP 7F8595. (EPA-HQ-OPP-2017-0530). Bayer CropScience LP2, T.W. 
Alexander Dr., Research Triangle Park, NC 27709, requests to establish 
a tolerance in 40 CFR part 180 for residues of the fungicide, 
trifloxystrobin, in or on Flax, seed at 0.4 ppm. Either gas 
chromatography with nitrogen-phosphorus detection, or liquid 
chromatography/mass spectrometry/mass spectrometry (LC/MS/MS) are used 
to measure and evaluate the chemical trifloxystrobin and the free form 
of its acid metabolite CGA-321113 ((E,E)-methoxyimino-[2-[1-(3-
trifluoromethyl-phenyl)-ethylideneaminooxymethyl]-phenyl]acetic acid). 
Contact: RD.
    5. PP 7F8596. (EPA-HQ-OPP-2017-0531). Bayer CropScience LP2, T.W. 
Alexander Dr., Research Triangle Park, NC 27709, requests to establish 
a tolerance in 40 CFR part 180 for residues of the fungicide, 
prothioconazole, in or on Crop Subgroup 20A (Rapeseed Subgroup) at 0.15 
ppm. The LC/MS/MS analytical method is used to measure and evaluate the 
chemical prothioconazole, 2-[2-(1-chlorocylcopropyl)-3-(2-
chlorophenyl)-2-hydroxypropyl]-1,2-dihydro-3H-1,2,4-triazole-3-thion, 
including its metabolites and degradates, in or on the commodities with 
tolerances. Compliance with the tolerance levels specified is to be 
determined by measuring only prothioconazole and its metabolite 
prothioconazole-desthio, or [alpha]-(1-chlorocyclopropyl)-[alpha]-[(2-
chlorophenyl)methyl]-1H-1,2,4-triazole-1-ethanol, calculated as parent 
in or on the commodity. Contact: RD.
    6. PP 7F8614. EPA-HQ-OPP-2017-0572. Makhteshim Agan of North 
America (d/b/a ADAMA, 3120 Highlands Blvd., Suite 100, Raleigh, NC 
27604), requests to establish a tolerance in 40 CFR part 180 for 
residues of the nematicide, fluensulfone, including its metabolites and 
degradates, in or on the following commodities: Citrus dried pulp at 
0.4 ppm; Crop Group 10-10, citrus fruit at 0.15 ppm; peanut at 0.15 
ppm; peanut, hay at 8.0 ppm; and peanut, meal at 0.30 ppm. The LC-MS/MS 
is used to measure and evaluate the metabolite Butene Sulfonic Acid (M-
3627). Contact: RD.
    7. PP 7F8615. (EPA-HQ-OPP-2017-0665). Gowan Company, P.O. Box 5569, 
Yuma, AZ 85366, requests to establish a tolerance in 40 CFR part 180 
for residues of the fungicide, zoxamide, in or on crop subgroup 8-10B 
(pepper/eggplant subgroup) at 0.9 ppm. The Rohm and Haas Company Method 
Number 34-99-85 is used to measure and evaluate the chemical zoxamide, 
3, 5-dichloro-N-(3-chloro-1-ethyl-1-methyl-2-oxopropyl)-4-
methylbenzamide. Contact: RD.
    8. PP 7F8624. (EPA-HQ-OPP-2017-0616). BASF Corporation, 26 Davis 
Drive, Research Triangle Park, NC 27709, requests to establish a 
tolerance in 40 CFR part 180 for residues of the fungicide, 
metrafenone, in or on mushrooms at 0.5 ppm. The LC/MS/MS is used to 
measure and evaluate the chemical metrafenone (3-bromo-6-methoxy-2-
methylphenyl)(2,3,4-trimethoxy-6-methylphenyl)methanone. Contact: RD.

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

    Dated: January 16, 2018.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2018-03989 Filed 2-26-18; 8:45 am]
 BILLING CODE 6560-50-P