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[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Proposed Rules]
[Pages 40594-40596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14816]

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2015-0032; FRL-9947-32]

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 July 22, 2016.

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: BPPDFRNotices@epa.gov., Susan Lewis, 
Registration Division (RD) (7505P), main telephone number: (703) 305-
7090; email address: RDFRNotices@epa.gov. 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 or 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 40595]]

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

    PP 5F8380. EPA-HQ-OPP-2015-0745. Bayer CropScience, 2 TW Alexander 
Drive, P.O. Box 12014, Research Triangle Park, NC 27709, requests to 
establish a tolerance in 40 CFR part 180.555 for residues of the 
fungicide trifloxystrobin in or on: Cotton, gin byproducts at 3 parts 
per million (ppm); and cotton, undelinted seed (Crop subgroup 20C) at 
0.5 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.
    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 0.09 ppm, flax at 0.01 ppm, peanut at 0.2 ppm, and peanut hay at 
2 ppm. The LC/MS/MS has been proposed to enforce the tolerance 
expression for pyroxasulfone. Contact: RD.
    PP 5F8421. EPA-HQ-OPP-2015-0825. BASF Corporation, 26 Davis Drive, 
P.O. Box 13528, Research Triangle Park, NC 27709, requests to establish 
a tolerance in 40 CFR part 180 for residues of the herbicide 
topramezone (3-(4,5-Dihydro-isoxazol-3-yl)-4-methanesulfonyl-2-
methylphenyl]-(5-hydroxyl-1-methyl-1H-pyrazol-4-yl)methanone) in or on 
sugarcane, cane at 0.01 ppm. The LC/MS/MS is used to measure and 
evaluate the chemical topramezone (3-(4,5-Dihydro-isoxazol-3-yl)-4-
methanesulfonyl-2-methylphenyl]-(5-hydroxyl-1-methyl-1H-pyrazol-4-
yl)methanone). Contact: RD.
    PP 6E8464. EPA-HQ-OPP-2016-0257. Interregional Research No. 4 (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 180.627 for residues of the fungicide fluopicolide [2,6-
dichloro-N-[[3-chloro-5-(trifluoromethyl)-2-
pyridinyl]methyl]benzamide], including its metabolites and degradates, 
in or on the raw agricultural commodities: Basil, dried leaves at 200 
ppm; basil, fresh leaves at 30 ppm; bean, succulent at 0.9 ppm; citrus, 
dried pulp at 0.048 ppm; citrus, oil at 1.94 ppm; hop, dried cones at 
15 ppm; fruit, citrus, group10-10 at 0.02 ppm; fruit, small, vine 
climbing, except fuzzy kiwifruit, subgroup 13-07F at 2.0 ppm; and 
vegetable, fruiting, group 8-10 at 1.60 ppm. The analytical method 
consisting of high pressure LC/MS/MS is used to measure and evaluate 
the chemical fluopicolide. Contact: RD.
    PP 6E8467. EPA-HQ-OPP-2016-0255. 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 for the residues of the insecticide spirotetramat (cis-3-(2,5-
dimethlyphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl-ethyl 
carbonate) and its metabolites cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-
methoxy-1-azaspiro[4.5]dec-3-en-2-one, cis-3-(2,5-dimethylphenyl)-3-
hydroxy-8-methoxy-1-azaspiro[4.5]decane-2,4-dione, cis-3-(2,5-
dimethylphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl beta-D-
glucopyranoside, and cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-methoxy-1-
azaspiro[4.5]decan-2-one, calculated as the stoichiometric equivalent 
of spirotetramat, in or on the raw agricultural commodities carrot, 
roots at 0.15 ppm; fruit, stone, group 12-12 at 4.5 ppm; and nut, tree, 
group 14-12 at 0.25 ppm. Analytical methodology to determine residues 
of spirotetramat in raw agricultural commodities includes high pressure 
LC/MS/MS using the stable isotopically labeled analytes as internal 
standards. The limit of quantification (LOQ) for each analyte is 0.01 
ppm for all commodities. This method is used to measure and evaluate 
spirotetramat. Contact RD.
    PP 6E8477. EPA-HQ-OPP-2013-0235. IR-4, 500 College Road East, Suite 
201 W, Princeton, NJ 08540, requests to establish a tolerance in 40 CFR 
part 180 for residues of the insecticide chlorantraniliprole, 3-bromo-
N-[4-chloro-2-methyl-6-[(methylamino)-carbonyl]phenyl]-1-(3-chloro-2-
pyridinyl)-1H-pyrazole-5-carboxamide in or on the raw agricultural 
commodities teff, forage at 40 ppm; teff, grain at 6.0 ppm; teff, hay 
at 40 ppm; teff, straw at 40 ppm; quinoa, forage at 40 ppm; quinoa, 
grain at 6.0 ppm; quinoa, hay at 40 ppm; and quinoa, straw at 40 ppm. 
Analytical methodology has been developed and validated for enforcement 
purposes. Contact: RD.

Amended Tolerances

    PP 5F8380. EPA-HQ-OPP-2015-0745. Bayer CropScience, 2 TW Alexander 
Drive, P.O. Box 12014, Research Triangle Park, NC 27709, requests to 
amend the tolerance in 40 CFR 180.555 for residues of the fungicide 
trifloxystrobin in or on corn, field, forage at 8 ppm. Either a method 
based on gas chromatography with nitrogen-phosphorus detection, or 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.
    PP 6E8464. EPA-HQ-OPP-2016-0257. IR-4, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08540, requests to amend the tolerances in 40 CFR 
180.627, upon establishment of the tolerances referenced above under 
``New Tolerances'', to remove existing tolerances for residues of the 
fungicide fluopicolide [2,6-dichloro-N-[[3-chloro-5-(trifluoromethyl)-
2-pyridinyl]methyl]benzamide], including its metabolites and 
degradates, in or on the raw agricultural commodities grape at 2.0 ppm 
and vegetable, fruiting, group 8 at 1.60 ppm. The analytical method 
consisting of LC/MS/MS is used to measure and evaluate the chemical 
fluopicolide. Contact: RD.
    PP 6E8467. EPA-HQ-OPP-2016-0255. IR-4, IR-4 Project Headquarters, 
500 College Road East, Suite 201 W, Princeton, New Jersey, 08540, 
requests to amend 40 CFR part 180.641 by removing the established 
tolerances for

[[Page 40596]]

the residues of the insecticide spirotetramat (cis-3-(2,5-
dimethlyphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl-ethyl 
carbonate) and its metabolites cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-
methoxy-1-azaspiro[4.5]dec-3-en-2-one, cis-3-(2,5-dimethylphenyl)-3-
hydroxy-8-methoxy-1-azaspiro[4.5]decane-2,4-dione, cis-3-(2,5-
dimethylphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en-4-yl beta-D-
glucopyranoside, and cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-methoxy-1-
azaspiro[4.5]decan-2-one, calculated as the stoichiometric equivalent 
of spirotetramat, in or on fruit, stone, group 12 at 4.5 ppm; nut, 
tree, group 14 at 0.25 ppm; and pistachio at 0.25 ppm upon 
establishment of aforementioned ``New Tolerances under PP 6E8467''. 
Contact RD.

New Tolerance Exemptions

    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 subsp. aurantiaca 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 subsp. aurantiaca strain AFS009 would not result in 
residues that are of toxicological concern. Contact: BPPD.
    PP 6G8453. EPA-HQ-OPP-2016-0279. Monsanto Company, 800 N. Lindbergh 
Blvd., St. Louis, MO 63167, requests to establish a temporary exemption 
from the requirement of a tolerance in 40 CFR part 174 for residues of 
the plant-incorporated protectant (PIP) Bacillus thuringiensis 
Cry51Aa2.834_16 (mCry51Aa2) protein in or on cotton. The petitioner 
believes no analytical method is needed because this petition is 
requesting a temporary exemption from the requirement of a tolerance 
without numerical limitation. Contact: BPPD.

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

    Dated: June 13, 2016.
Daniel J. Rosenblatt,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-14816 Filed 6-21-16; 8:45 am]
 BILLING CODE 6560-50-P
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