[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Proposed Rules]
[Pages 4525-4527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01603]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2014-0008; FRL-9921-55]


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 EPA'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 February 27, 2015.

ADDRESSES: Submit your comments, identified by 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:
    <bullet> 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.
    <bullet> Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#387a68687c7e6a76574c515b5d4b785d4859165f574e"><span class="__cf_email__" data-cfemail="e9abb9b9adafbba7869d808a8c9aa98c9988c78e869f">[email protected]</span></a>; or Susan Lewis, 
Registration Division (RD) (7505P), main telephone number: (703) 305-
7090, email address: <a href="/cdn-cgi/l/email-protection#a6f4e2e0f4e8c9d2cfc5c3d5e6c3d6c788c1c9d0"><span class="__cf_email__" data-cfemail="56041210041839223f3533251633263778313920">[email protected]</span></a>. 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

[[Page 4526]]

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:
    <bullet>[emsp14]Crop production (NAICS code 111).
    <bullet>[emsp14]Animal production (NAICS code 112).
    <bullet>[emsp14]Food manufacturing (NAICS code 311).
    <bullet>[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, EPA 
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 EPA 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. EPA 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.

New Tolerances

    1. PP 4E8230. (EPA-HQ-OPP-2014-0600). BASF Corporation, 26 Davis 
Dr., Research Triangle Park, NC 27709, requests to establish a 
tolerance in 40 CFR part 180 for residues of the insecticide 
teflubenzuron, in or on apple at 0.5 parts per million (ppm); apple, 
wet pomace at 0.8 ppm; broccoli at 0.2 ppm; cattle, muscle at 0.01 ppm; 
cattle, meat byproducts at 0.01 ppm; cauliflower at 0.01 ppm; citrus 
oil at 90 ppm; coffee, bean, green at 0.6 ppm; corn, field at 0.01 ppm; 
corn, field, refined oil at 0.02 ppm; egg at 0.01 ppm; goat, muscle at 
0.01 ppm; goat, meat byproducts at 0.01 ppm; horse, muscle at 0.01 ppm; 
horse, meat byproducts at 0.01 ppm; lemon at 0.9 ppm; mango at 1.5 ppm; 
melon at 0.3 ppm; milk at 0.01 ppm; orange at 0.6 ppm; papaya at 0.4 
ppm; pineapple at 0.8 ppm; pork, muscle at 0.01 ppm; pork, meat 
byproducts at 0.01 ppm; poultry, muscle at 0.01 ppm: Poultry, meat 
byproducts at 0.01 ppm; sheep, muscle at 0.01 ppm; sheep, meat 
byproducts at 0.01 ppm; soybean, seed at 0.05 ppm; soybean, hulls at 
0.4 ppm; sugarcane, cane at 0.01 ppm; sunflower, seed at 0.3 ppm; 
tomato at 1.5 ppm; and tomato, paste at 5 ppm. High performance liquid 
chromatography with tandem mass spectrometry detection (HPLC-MS/MS) is 
used to measure and evaluate the residues of teflubenzuron for the 
proposed uses. Contact: RD.
    2. PP 4F8258. (EPA-HQ-OPP-2014-0357). E.I. du Pont de Nemours & 
Company, 1007 Market St., Wilmington, DE 19898, requests to establish a 
tolerance in 40 CFR part 180 for residues of the insecticide 
cyantraniliprole, in or on artichokes, globe (import tolerance) at 0.1 
parts per million (ppm); berries, low growing, except strawberries 
(crop subgroup 13-07H) (import tolerance) at 0.08 ppm; coffee, bean, 
green (import tolerance) at 0.05 ppm; grapes (import tolerance) at 1.5 
ppm; olives (import tolerance) at 1.5 ppm; peanuts at 0.01 ppm; peanut 
hay at 3 ppm; pomegranates (import tolerance) at 0.01 ppm; rice, grain 
(import tolerance) at 0.03 ppm; soybeans, seed at 0.4 ppm; strawberries 
at 1.0 ppm; vegetables, foliage of legume (crop group 7) at 50 ppm; 
vegetables, leaves of root and tuber (crop group 2) at 40 ppm; 
vegetables, legume, dried shelled, except soybean (crop subgroup 6C) at 
0.9 ppm; vegetables, legume, edible podded (crop subgroup 6A) at 2 ppm; 
vegetables, legume, succulent shelled (crop subgroup 6B) at 0.2 ppm; 
vegetables, root, except sugar beet (crop subgroup 1B) at 0.4 ppm; and 
tea, dried (import tolerance) at 30 ppm. Adequate analytical 
methodology, high-pressure liquid chromatography (HPLC) with 
electrospray tandem mass spectrometry (ESI-MS/MS), is available for 
enforcement purposes. Contact: RD.
    3. PP 4F8320. (EPA-HQ-OPP-2014-0890). 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

[[Page 4527]]

insecticide cyantraniliprole, in or on corn, field and pop, forage at 
0.04 parts per million (ppm); corn, field and pop, grain at 0.01 ppm; 
corn, field and pop, stover at 0.015 ppm; corn, sweet, forage at 0.02 
ppm; corn, sweet, kernel plus cob with husks removed at 0.01 ppm; and 
corn, sweet, stover at 0.08 ppm. Adequate analytical methodology, high-
pressure liquid chromatography (HPLC) with electrospray tandem mass 
spectrometry (ESI-MS/MS) detection, is used to measure and evaluate the 
chemical cyantraniliprole. Contact: RD.

Amended Tolerance

    1. PP 4F8290. (EPA-HQ-OPP-2014-0889). FMC Corporation, 1735 Market 
St., Philadelphia, PA 19103, requests to amend the tolerances in 40 CFR 
180.418 for residues of the insecticide, zeta-cypermethrin, in or on 
raw agricultural commodities corn, field, forage from 0.2 parts per 
million (ppm) to 9.0 ppm; corn, field, stover from 3.0 ppm to 30.0 ppm; 
and corn, pop, stover from 3.0 ppm to 30.0 ppm. The Gas Chromatography 
with Electron Capture Detection (GC/ECD) analytical method is used to 
measure and evaluate the residues of zeta-cypermethrin for the 
proposed, amended uses. Contact: RD.

New Tolerance Exemptions

    1. PP 2F8102. (EPA-HQ-OPP-2012-0963). BASF Corporation, 26 Davis 
Dr., 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 Trichoderma asperelloides strain JM41R in or 
on all food commodities. The petitioner believes no analytical method 
is needed because, as proposed, the use of Trichoderma asperelloides 
strain JM41R would not result in residues that are of toxicological 
concern. Note: In the Federal Register of February 21, 2014 (79 FR 
9870) (FRL-9904-98), EPA announced the filing of this petition to 
establish an exemption from the requirement of a tolerance for residues 
of Trichoderma fertile strain JM41R in or on all food commodities. 
Since that time, the petitioner provided additional data on the 
identity of the active ingredient to EPA. After reviewing these data, 
EPA now considers the correct identity of the active ingredient to be 
Trichoderma asperelloides strain JM41R and not Trichoderma fertile 
strain JM41R. In order to give the public an opportunity to comment on 
this new information, EPA is republishing its receipt of this tolerance 
exemption petition filing with an updated and accurate description. 
Contact: BPPD.
    2. PP 4F8252. (EPA-HQ-OPP-2014-0920). Certis USA LLC, 9145 Guilford 
Rd., Suite 175, Columbia, MD 21046, requests to establish an exemption 
from the requirement of a tolerance in 40 CFR part 180 for residues of 
the fungicide Bacillus mycoides isolate J, in or on all agricultural 
commodities. The petitioner believes no analytical method is needed 
because an exemption from the requirement of a tolerance is being 
sought for any residues and enforcement of residue levels would not be 
needed. Contact: BPPD.
    3. PP 4F8271. (EPA-HQ-OPP-2014-0919). Marrone Bio Innovations, 
Inc., 2121 Second St., Suite B-107, Davis, CA 95618, requests to 
establish an exemption from the requirement of a tolerance in 40 CFR 
part 180 for residues of the nematocide, fungicide, and insecticide, 
sterile grain inoculated with Muscodor albus strain SA-13, in or on all 
food commodities. The petitioner believes no analytical method is 
needed because the active ingredient will not be in direct contact with 
treated commodities, has limited survivability once the nutrient source 
is exhausted, and will not result in residues of toxicological concern. 
Contact: BPPD.
    4. PP 4F8276. (EPA-HQ-OPP-2014-0454). Monsanto Company, 800 North 
Lindbergh Blvd., St. Louis, MO 63167, requests to establish an 
exemption from the requirement of a tolerance in 40 CFR part 174 for 
residues of the plant-incorporated protectant, Bacillus thuringiensis 
Cry2Ab2 protein, in or on soybean. The petitioner believes no 
analytical method is needed because an exemption from the requirement 
of a tolerance is being sought. Contact: BPPD.
    5. PP 4F8289. (EPA-HQ-OPP-2014-0834). Southern Garden Citrus, 1820 
Country Rd. 833, Clewiston, FL 33440, requests to establish an 
exemption from the requirement of a tolerance in 40 CFR part 174 for 
residues of defensin proteins derived from spinach (Spinacia oleracea 
L.) and inserted into citrus plants in order to confer disease 
resistance. The petitioner believes no analytical method is needed 
because an exemption from the requirement of a tolerance is being 
sought. Contact: BPPD.
    6. PP IN-10683. (EPA-HQ-OPP-2014-0176). Exponent, Inc., 1150 
Connecticut Ave. NW., Suite 1100, Washington, DC 20036 (on behalf of 
Huntsman Corporation, 8600 Gosling Rd., The Woodlands, TX 77381), 
requests to establish an exemption from the requirement of a tolerance 
in 40 CFR part 180 for residues of di-n-butyl carbonate (CAS No. 542-
52-9) when used as a pesticide inert ingredient in pesticide 
formulations as a solvent without limits. The petitioner believes no 
analytical method is needed because an exemption from the requirement 
of a tolerance is being sought for this inert ingredient. Contact: RD.
    7. PP IN-10770. (EPA-HQ-OPP-2014-0874). BASF Corporation, 100 Park 
Ave., Florham Park, NJ 07932, requests to establish an exemption from 
the requirement of a tolerance in 40 CFR 180.960 for residues of 2-
propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-
ethylhexyl 2-propenoate and ethyl 2-propenoate (CAS No. 85075-52-1) 
with a minimum number average molecular weight (in amu) of 50,000 
Daltons, when used as a pesticide inert ingredient in pesticide 
formulations. The petitioner believes no analytical method is needed 
because it is not relevant based upon the definition of a low risk 
polymer under 40 CFR 723.250. Contact: RD.

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

    Dated: January 20, 2015.
Robert McNally,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.
[FR Doc. 2015-01603 Filed 1-27-15; 8:45 am]
BILLING CODE 6560-50-P


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