[Federal Register Volume 80, Number 28 (Wednesday, February 11, 2015)]
[Proposed Rules]
[Pages 7559-7562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02611]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0032; FRL-9921-94]


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 13, 2015.

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:
    <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: Susan Lewis, Registration Division 
(RD) (7505P), main telephone number: (703) 305-7090; email address: 
<a href="/cdn-cgi/l/email-protection#44160002160a2b302d272137042134256a232b32"><span class="__cf_email__" data-cfemail="98cadcdecad6f7ecf1fbfdebd8fde8f9b6fff7ee">[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 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

[[Page 7560]]

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.

New Tolerances

    1. PP 2E8098 (EPA-HQ-OPP-2014-0355). Syngenta Crop Protection, LLC, 
P.O. Box 18300, Greensboro, NC 27419, requests to establish an import 
tolerance in 40 CFR part 180 for residues of the new active ingredient 
herbicide, bicyclopyrone: 4-hydroxy-3-[2-[(2-methoxyethoxy) methyl]-6-
(trifluoromethyl)-3-pyridylcarbonyl] bicyclo [3.2.1]oct-3-en-2-one.], 
in or on sugarcane, stalks at 0.01 parts per million (ppm). The Direct 
Analysis and Common Moiety Methods were used to measure and evaluate 
the chemical bicyclopyrone. Contact: RD.
    2. PP 4F8269 (EPA-HQ-OPP-2014-0840). Syngenta Crop Protection, LLC, 
P.O. Box 18300, Greensboro, North Carolina, 27419-8300, requests to 
establish tolerances in 40 CFR 180.561 for residues of the fungicide, 
acibenzolar-s-methyl, in or on pome fruit, crop group 11-10 at 0.03 
ppm; and citrus fruit, crop group 10-10 at 0.01 ppm. The analytical 
method AG-671A is a validated method for the determination and 
confirmation of acibenzolar-s-methyl in raw agricultural commodities 
and processing substrates at a limit of quantitation of 0.02 ppm. The 
method involves extraction, solid phase cleanup of samples with 
analysis by high performance liquid chromatography with ultraviolet 
detection, or confirmatory liquid chromatography with mass 
spectrometry. Contact: RD.
    3. PP 4F8288 (EPA-HQ-OPP- 2014-0709). Bayer CropScience LP, 2 T.W. 
Alexander Drive, RTP, NC 27709, requests to establish tolerances in 40 
CFR 180.555 for residues of the fungicide, trifloxystrobin, in or on 
leafy greens, subgroup 4A at 30 ppm; herb, subgroup 19A at 200 ppm; 
spice, subgroup 19B, except black pepper at 30 ppm; head and stem 
Brassica, subgroup 5A at 2 ppm; leafy Brassica greens, subgroup 5B at 
30 ppm; tuberous and corm vegetables, subgroup 1C at 0.04 ppm; small 
fruit vine climbing (except fuzzy kiwifruit), subgroup 13-07F at 2.0 
ppm; and low growing berry, subgroup 13-07G at 1.5 ppm. The gas 
chromatography method with nitrogen phosphorus detection (GC/NPD), 
Method AG-659A is used to measure and evaluate the chemicals 
trifloxystrobin and its metabolite CGA-321113. Contact: RD.
    4. PP 4E8297 (EPA-HQ-OPP-2014-0574). Interregional Research Project 
Number 4 (IR-4), IR-4 Project Headquarters, Rutgers, The State 
University of New Jersey, Suite 201 W, 500 College Road East, 
Princeton, NJ 08540, requests to establish tolerances in 40 CFR 180.479 
for residues of the herbicide, halosulfuron-methyl, methyl 5-[(4,6-
dimethoxy-2-pyrimidiny)amino] carbonylaminosulfonyl]-3-chloro-1-methyl-
1H-pyrazole-4-carboxylate, including its metabolites and degradates, in 
or on the raw agricultural commodities: Fruit, pome group 11-10 at 0.05 
ppm, and a tolerance with regional restrictions for fruit, small vine 
climbing, except fuzzy kiwifruit, subgroup 13-07F at 0.05 ppm. The 
analytical method, gas chromatography with a nitrogen-specific 
detector, is available for enforcement purposes. Contact: RD.
    5. PP 4F8305 (EPA-HQ-OPP-2014-0640). BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528, requests 
to establish a tolerance in 40 CFR part 180.649 for residues of the 
herbicide, saflufenacil (2-chloro-5-[3,6-dihydro-3-methyl-2,6-dioxo-4-
(trifluoromethyl)-1(2H)-pyrimidinyl]-4-fluoro-N-[[methyl(1-
methylethyl)amino]sulfonyl]benzamide) and its metabolites, N-[2-chloro-
5-(2,6-dioxo-4-(trifluoromethyl)-3,6-dihydro-1(2H)-pyrimidinyl)-4-
fluorobenzoyl]-N'-isopropylsulfamide and N-[4-chloro-2-fluoro-5-
([[(isopropylamino)sulfonyl]amino]carbonyl)phenyl]urea, calculated as 
the stoichiometric equivalent of saflufenacil, in or on pomegranate at 
0.03 ppm. Adequate enforcement methodology, LC/MS/MS method D0603/02, 
is available to enforce the tolerance expression. Contact: RD.
    6. PP 4E8306 (EPA-HQ-OPP-2014-0672). IR-4, IR-4 Project 
Headquarters, Rutgers, The State University of New Jersey, 500 College 
Road East, Suite 201 W, Princeton, NJ 08540 requests the following: (1) 
To establish tolerances in 40 CFR 180.377 for the combined residues of 
the insecticide, diflubenzuron (N-[[(4-chlorophenyl)amino]carbonyl]-
2,6-difluorobenzamide) and its metabolites 4-chlorophenlyurea and 4-
chloroaniline, in or on the raw agricultural commodities carrot, roots 
at 0.2 ppm; peach subgroup 12-12B at 0.5 ppm; plum subgroup 12-12C at 
0.5 ppm; plum, prune, dried at 0.5 ppm; nut, tree,

[[Page 7561]]

group 14-12 at 0.2 ppm; pepper/eggplant subgroup 8-10 B at 1.0 ppm, and 
cottonseed subgroup 20C at 0.2 ppm. Upon the approval of these 
tolerances, to remove established tolerances in or on fruit, stone, 
group 12, except cherry at 0.07 ppm; nut, tree, group 14 at 0.06 ppm; 
pistachio at 0.06 ppm; pepper at 1.0 ppm; and cotton, undelinted seed 
at 0.2 ppm. (2) to establish a regional tolerance for the combined 
residues of diflubenzuron and its metabolites 4-chlorophenlyurea and 4-
chloroaniline in or on the raw agricultural commodities alfalfa, forage 
at 6 ppm; alfalfa, hay at 20 ppm; and alfalfa, seed at 0.9 ppm. 
Adequate enforcement analytical methods for determining diflubenzuron 
and its metabolites in/on appropriate raw agricultural commodities and 
processed commodities are available for the established and proposed 
tolerances. Contact: RD.
    7. PP 4E8309 (EPA-HQ-OPP-2013-0428). IR-4, IR-4 Project 
Headquarters, Rutgers, The State University of New Jersey, 500 College 
Road East, Suite 201 W, Princeton, NJ 08540, requests to establish 
tolerances in 40 CFR 180.449 for residues of the insecticide, 
abamectin, including its metabolites and degradates, determined by 
measuring only avermectin B<INF>1</INF> a mixture of avermectins 
containing greater than or equal to 80% avermectin B<INF>1</INF> a (5-
O-demethyl avermectin A<INF>1</INF>) and less than or equal to 20% 
avermectin B<INF>1</INF>b (5-O-demethyl-25-de(1-methylpropyl)-25-(1-
methylethyl) avermectin A<INF>1</INF>) and its delta-8,9-isomer, in or 
on the raw agricultural commodities: Fruit, stone, group 12-12 at 0.09 
ppm, fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-
07F at 0.02 ppm, nut, tree, group 14-12 at 0.01 ppm, vegetable, 
fruiting, group 8-10 at 0.07 ppm, fruit, citrus, group 10-10 at 0.02 
ppm, berry, low growing, subgroup 13-07G at 0.05 ppm, fruit, pome, 
group 11-10 at 0.02 ppm, papaya at 0.40 ppm, star apple at 0.40 ppm, 
black sapote at 0.40 ppm, sapodilla at 0.40 ppm, canistel at 0.40 ppm, 
mamey sapote at 0.40 ppm, guava at 0.015 ppm, feijoa at 0.015 ppm, 
jaboticaba at 0.015 ppm, wax jambu at 0.015 ppm, starfruit at 0.015 
ppm, passionfruit at 0.015 ppm, acerola at 0.015 ppm, lychee 0.01 ppm, 
longan at 0.01 ppm, Spanish lime at 0.01 ppm, rambutan at 0.01 ppm, 
pulasan at 0.01 ppm, pineapple at 0.015 ppm, bean at 0.015 ppm, and 
onion, green, subgroup 3-07B at 0.08 ppm. Upon the approval of the 
aforementioned tolerances, IR-4 proposes to remove established 
tolerances of abamectin, including its metabolites and degradates, in 
or on the following commodities: Bean, dry, seed at 0.01 ppm, citrus at 
0.02 ppm, apple at 0.02 ppm, pear at 0.02 ppm, fruit, stone, group 12 
at 0.09 ppm, nut, tree, group 14 at 0.01 ppm, pistachio at 0.01 ppm, 
grape at 0.02 ppm, strawberry at 0.05 ppm and vegetable, fruiting, 
group 8 at 0.02 ppm. The analytical methods involve homogenization, 
filtration, partition, and cleanup with analysis by high performance 
liquid chromatography (HPLC)-fluorescence detection. Contact: RD.
    8. PP 4E8310 (EPA-HQ-OPP-2014-0769). IR-4, IR-4 Project 
Headquarters, Rutgers, The State University of New Jersey, 500 College 
Road East, Suite 201 W, Princeton, NJ 08540, requests to establish a 
tolerance in 40 CFR part 180.155 for residues of the plant growth 
regulator, 1-naphthaleneacetic acid, including its metabolites and 
degradates, determined by measuring only 1-naphthaleneacetic acid and 
its conjugates, calculated as the stoichiometric equivalent of 1-
naphthaleneacetic acid, in or on the raw agricultural commodity 
pomegranate at 0.05 ppm. The analytical method involves extraction of 
residues in pomegranate including 1-napthaleneacetic acid, 1-
napthaleneacetamide, and 1-napthaleneacetic acid, ethyl ester that are 
then converted to the parent, 1-napthaleneacetic acid. The analyte 
concentration is determined by high performance liquid chromatography 
(HPLC) using fluorescence detection. Contact: RD.
    9. PP 4E8312 (EPA-HQ-OPP-2014-0749). IR-4, IR-4 Project 
Headquarters, Rutgers, The State University of New Jersey, 500 College 
Road East, Suite 201 W, Princeton, NJ 08540 requests to establish 
tolerances in 40 CFR 180.446 for residues of the acaricide, 
clofentezine, in or on the raw agricultural commodities avocado at 0.3 
ppm; papaya at 0.3 ppm; fruit, pome, group 11-10 at 0.5 ppm; cherry, 
subgroup 12-12A at 1.0 ppm; peach, subgroup 12-12B at 1.0 ppm; and 
fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 
1.0 ppm. Upon the approval of the aforementioned tolerances, IR-4 
proposes that the existing tolerances for apple at 0.5 ppm; pear at 0.5 
ppm; cherry at 1.0 ppm; nectarine at 1.0 ppm; peach at 1.0 ppm; and 
grape at 1.0 ppm be removed as unnecessary. An adequate method for 
purposes of enforcement of the proposed clofentezine tolerance is 
available. An independent method validation was successfully completed, 
and the method was found acceptable. An extensive database of method 
validation data using this method on various crop commodities is 
available. The limit of quantitation (LOQ) and minimum detection limit 
(MDL) were determined to be 0.01 ppm and 0.003 ppm, respectively. 
Contact: RD.
    10. PP 4F8315 (EPA-HQ-OPP-2014-0804). Gowan Company, P.O. Box 5569, 
Yuma, AZ, 85366-5569, requests to establish tolerances in 40 CFR part 
180.448 for residues of the insecticide, hexythiazox, in or on wheat, 
forage at 6.0 parts per million (ppm); wheat, hay at 30 ppm; wheat, 
grain at 0.02 ppm; and wheat, straw at 8.0 ppm. High performance liquid 
chromatography (HPLC) method using mass spectrometric detection (LC-MS/
MS) is proposed for enforcement purposes. Contact: RD.
    11. PP 4E8321 (EPA-HQ-OPP-2014-0788). IR-4, IR-4 Project 
Headquarters, Rutgers, The State University of New Jersey, 500 College 
Road East, Suite 201 W, Princeton, NJ 08540, requests to establish 
tolerances in 40 CFR 180.434 for residues of the fungicide, 
propiconazole, 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] 
methyl]-1H-1,2,4-triazole and its metabolites determined as 2,4,-
dichlorobenzoic acid (2,4-DCBA), expressed as the stoichiometric 
equivalent of propiconazole, in or on the raw agricultural commodities: 
Dill, fresh at 30 ppm; dill, dried at 80 ppm; dill, seed at 15 ppm; 
leafy Brassica greens, subgroup 5B at 20 ppm; radish, tops at 0.2 ppm; 
radish, roots at 0.04 ppm; Ti palm, leaves at 10 ppm; Ti palm, roots at 
0.3 ppm, watercress at 6 ppm, fruit, stone, group 12-12, except plum at 
4 ppm and nut, tree, group 14-12 at 0.1 ppm. Analytical methods AG-626 
and AG-454A were developed for the determination of residues of 
propiconazole and its metabolites containing the DCBA moiety. 
Analytical method AG-626 has been accepted and published by EPA as the 
tolerance enforcement method for crops. The limit of quantitation (LOQ) 
for the method is 0.05 ppm. Contact: RD.

Amended Tolerances

    1. PP 3F8209 (EPA-HQ-OPP-2014-0149). Syngenta Crop Protection, LLC, 
P.O. Box 18300, Greensboro, North Carolina, 27419-8300, requests to 
increase the tolerances in 40 CFR part 180.475 for residues of the 
fungicide, difenoconazole, in or on fruit, pome, group 11-10 from 1 ppm 
to 3 ppm, and for apple, wet pomace from 4.5 ppm to 7.5 ppm. An 
adequate enforcement method, GC/NPD method AG-575B, is available for 
the determination of residues of difenoconazole per se in/on plant 
commodities. An adequate

[[Page 7562]]

enforcement method, LC/MS/MS method REM 147.07b, is available for the 
determination of residues of difenoconazole and CGA-205375 in livestock 
commodities. Contact: RD.
    2. PP 4F8288 (EPA-HQ-OPP- 2014-0709). Bayer CropScience LP, 2 T.W. 
Alexander Drive, RTP, NC 27709, requests to amend the tolerance in 40 
CFR 180.555 for residues of the fungicide, trifloxystrobin, in or on 
leafy petioles, group 4B from 3.5 to 9 ppm. The gas chromatography 
method with nitrogen phosphorus detection (GC/NPD), method AG-659A is 
used to measure and evaluate the chemicals trifloxystrobin and its 
metabolite CGA-321113. Contact: RD.
    3. PP 4E8306 (EPA-HQ-OPP-2014-0672). IR-4, IR-4 Project 
Headquarters, Rutgers, The State University of New Jersey, 500 College 
Road East, Suite 201 W, Princeton, NJ 08540, requests that the existing 
tolerances in 40 CFR 180.377 for the insecticide, diflubenzuron, in or 
on the following raw agricultural commodities be modified: Egg from 
0.05 to 0.15 ppm; poultry, fat from 0.05 to 0.15 ppm; and poultry, meat 
byproducts from 0.05 to 0.06 ppm. Adequate enforcement analytical 
methods for determining diflubenzuron and its metabolites, 4-
chlorophenlyurea and 4-chloroaniline in/on appropriate raw agricultural 
commodities and processed commodities are available for the established 
and proposed tolerances. Contact: RD.
    4. PP 4E8307 (EPA-HQ-OPP-2014-0740). IR-4, IR-4 Project 
Headquarters, Rutgers, The State University of New Jersey, 500 College 
Road East, Suite 201 W, Princeton, NJ 08450, requests that the existing 
tolerances with regional restrictions in 40 CFR part 180.578(c) for 
residues of the insecticide, acetamiprid (1E)-N-[(6-chloro-3-
pyridinyl)methyl]-N'-cyano-N-methylethanimidamide, including its 
metabolites and degradates, in or on the following raw agricultural 
commodities be modified: Clover, forage from 0.10 ppm to 0.3 ppm, and 
clover, hay from 0.01 ppm to 1.5 ppm. The analytical method involves 
extraction of acetamiprid from crop matrices and analysis by liquid 
chromatography (LC)/mass spectroscopy (MS)/methods. Contact: RD.

New Tolerance Exemption

    IN-10754 (EPA-HQ-OPP-2014-0677). Evonik Corporation, 299 Jefferson 
Rd., Parsippany, NJ 07054, requests to establish an exemption from the 
requirement of a tolerance for residues for 2-propenoic acid, 2-methyl-
, 2-methylpropyl ester, homopolymer (CAS No 9011-15-8) with a minimum 
number average molecular weight (in amu) of 55,000, when used as a 
pesticide inert ingredient in pesticide formulations under 40 CFR 
180.960. 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 30, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-02611 Filed 2-10-15; 8:45 am]
BILLING CODE 6560-50-P


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