[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Proposed Rules]
[Pages 3658-3661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01498]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2017-0006; FRL-9971-46]
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 February 26, 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: Robert McNally, Biopesticides and
Pollution Prevention Division (7511P), main telephone number: (703)
305-7090; email address: [email protected]., 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 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
[[Page 3659]]
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.
III. New Tolerances for Non-Inerts
PP 7F8557. (EPA-HQ-OPP-2017-0429). E. I. Du Pont De Nemours and
Company, Chestnut Run Plaza, 974 Centre Road, Wilmington, DE 19805,
requests to establish a tolerance in 40 CFR part 180 for residues of
the fungicide picoxystrobin in or on alfalfa, forage at 4 parts per
million (ppm); alfalfa, hay at 5 ppm; alfalfa, seed at 9 ppm; almond
hulls at 15 ppm; cotton, gin by-products at 40 ppm; cottonseed (Crop
Subgroup 20C) at 4 ppm; grass, forage (Grown for Seed) at 40 ppm;
grass, hay (Grown for Seed) at 80 ppm; head lettuce at 7 ppm; onion,
bulb (Crop Subgroup 3-07A) at 0.8 ppm; onion, green (Crop Subgroup 3-
07B) at 15; pea and bean, succulent shelled (Crop Subgroup 6B) at 3
ppm; peanut at 0.1 ppm; peanut, hay at 40 ppm; sunflower (Crop Subgroup
20B) at 3 ppm; tree nut except hulls (Crop Group 14-12) at 0.15 ppm;
vegetable, brassica head and stem (Crop Group 5-16) at 5 ppm;
vegetable, cucurbit (Crop Group 9) at 0.7 ppm; vegetable, fruiting
(Crop Group 8-10) at 1.5 ppm; vegetable, leaf petiole (Crop Subgroup
22B) at 40 ppm; vegetable, leafy except head lettuce (Crop Group 4-16)
at 60 ppm; vegetable, leaves of root and tuber (Crop Group 2) at 40
ppm; vegetable, legume, edible podded (Crop Subgroup 6A) at 4 ppm;
vegetable, root (Crop Subgroup 1A) at 0.6 ppm; and vegetable, tuberous
and corm (Crop Subgroup 1C) at 0.06 ppm. The liquid chromatography/
triple quadrupole mass spectrometry (LC/MS/MS) is used to measure and
evaluate the chemical picoxystrobin. Contact: RD.
IV. Amended Tolerance
1. PP 5F8521. (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 Crop Subgroup 1C, tuberous and corm vegetables
(except granular/flakes and chips) at 0.05 ppm; Crop Group 3-07, bulb
vegetables at 0.15 ppm; potatoes, granular/flakes at 0.3 ppm and potato
chips at 0.06 ppm. The high performance LC/MS/MS methods has been
proposed to enforce the tolerance expression for pyroxasulfone.
Contact: RD.
2. PP 7E8556. (EPA-HQ-OPP-2017-0224). Interregional Research
Project No. 4 (IR-4), Rutgers, The State University of New Jersey, 500
College Road East, Suite 201 W, Princeton, NJ 08540, proposes upon
establishment of tolerances referenced in this document under ``New
Tolerances'' for PP 7E8556, to remove existing tolerances in 40 CFR
180.613(a) for the residues of the insecticide flonicamid, including
its metabolites and degradates, determined by measuring only the sum of
flonicamid, N-(cyanomethyl)-4-(trifluoromethyl)-3-pyridinecarboxamide,
and its metabolites, TFNA (4-trifluoromethylnicotinic acid), TFNA-AM
(4-trifluoromethylnicotinamide), and TFNG, N-(4-
trifluoromethylnicotinoyl)glycine, calculated as the stoichiometric
equivalent of flonicamid, in or on vegetable, leafy, except brassica,
group 4, except spinach at 4.0 ppm, brassica, head and stem, subgroup
5A at 1.5 ppm, brassica, leafy greens, subgroup 5B at 16 ppm, radish,
tops at 16 ppm, turnip, greens at 16 ppm, and cotton, undelinted seed
at 0.50 ppm. Contact: RD.
3. PP 7E8587. (EPA-HQ-OPP-2017-0465). IR-4, IR-4 Project
Headquarters, Rutgers, The State University of NJ, 500 College Road
East, Suite 201 W, Princeton, NJ 08540, requests to amend 40 CFR
180.368 by removing the tolerances for residues of the herbicide S-
metalochlor including its metabolites and degradates in or on Asparagus
at 0.10 ppm; beet, garden, leaves at 1.8 ppm; turnip, greens at 1.8
ppm; brassica, head and stem, subgroup 5A at 0.60 ppm; brassica, leafy
greens, subgroup 5B at 1.8 ppm; cotton, undelinted seed at 0.10 ppm;
leaf petioles, subgroup 4B at 0.10 ppm. A gas chromatography-nitrogen
phosphorus detection (GC/NPD) method has been submitted to the Agency
for determining residues in/on crop commodities and is published in PAM
Vol. II, Method I. Contact: RD.
4. PP 7E8610. (EPA-HQ-OPP-2017-0562). IR-4, IR-4 Project
Headquarters, Rutgers, The State University of NJ, 500 College Road
East, Suite 201 W, Princeton, NJ 08540, requests to amend 40 CFR
180.546 by removing the tolerance for residues of the fungicide
mefenoxam, including its metabolites and degradates in or on kiwifruit
at 0.10 ppm. The analytical methods cited are the Novartis Crop
Protection Method 456-98, ``Confirmatory Analytical Method for the
Enantioselective Determination of Residues of Parent Metalaxyl (CGA-
48988) or Mefenoxam (CGA-329351) in Crop Substrates by Chiral High
Performance Liquid
[[Page 3660]]
Chromatography with Mass Spectrometric Detection'', and the Ciba-Geigy
Corporation Procedure AG-395, ``Improved Method for the Determination
of Total Residues of Metalaxyl in Crop as 2,6-dimethylaniline''. This
total residue method is used for the determination of the combined
residues of metalaxyl N-(2,6-dimethylphenyl)-N-(methoxyacetyl) alanine
methyl ester and its metabolites which contain the 2,6-dimethylaniline
(2,6-DMA) moiety in crop samples. Contact: RD.
5. PP 7E8613. (EPA-HQ-OPP-2017-0587). IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201 W,
Princeton, NJ 08540, proposes upon establishment of tolerances
referenced in this document under ``New Tolerances'' for PP 7E8613, to
remove existing tolerances in 40 CFR 180.675 for residues of the
insecticide tolfenpyrad, (4-chloro-3-ethyl-1-methyl-N-[4-
(ptolyloxy)benzyl]pyrazole-5-carboxamide), including it metabolites and
degradates, in or on cotton, undelinted seed at 0.70 ppm; grape at 2.0
ppm; potato at 0.01 ppm; and vegetable, leafy, except brassica, group 4
at 30.0 ppm. The LC/MS/MS method is used to measure and evaluate the
chemical. Contact: RD.
V. New Tolerance Exemptions for Non-Inerts (Except PIPS)
1. PP 6F8504. (EPA-HQ-OPP-2017-0565). Gowan Company LLC, P.O. Box
5569, Yuma, AZ 85366-5569, requests to establish an exemption from the
requirement of a tolerance in 40 CFR part 180 for residues of the
biochemical fungicide Extract of Swinglea glutinosa in or on all food
commodities. The petitioner believes no analytical method is needed
because the information supporting the request for exemption indicates
limited exposure and no risk. Contact: BPPD.
VI. New Tolerances For Non-Inerts
1. PP 5F8521. (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 Crop Subgroup 1C, tuberous and corm vegetables
(except granular/flakes and chips) at 0.05 ppm; Crop Group 3-07, bulb
vegetables at 0.15 ppm; potatoes, granular/flakes at 0.3 ppm and potato
chips at 0.06 ppm. The high performance LC/MS/MS methods has been
proposed to enforce the tolerance expression for pyroxasulfone.
Contact: RD.
2. PP 7E8556. (EPA-HQ-OPP-2017-0224). IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201W, Princeton,
NJ 08540, requests to establish a tolerance in 40 CFR part 180 for
residues of the insecticide flonicamid, including its metabolites and
degradates, determined by measuring only the sum of flonicamid, N-
(cyanomethyl)-4-(trifluoromethyl)-3-pyridinecarboxamide, and its
metabolites, TFNA (4-trifluoromethylnicotinic acid), TFNA-AM (4-
trifluoromethylnicotinamide), and TFNG, N-(4-
trifluoromethylnicotinoyl)glycine, calculated as the stoichiometric
equivalent of flonicamid, in or on raw agricultural commodities as
follows:
a. Amend 180.613 (a) General. (1) by establishing a tolerance in or
on celtuce at 4.0 ppm; Florence fennel at 4.0 ppm; kohlrabi at 1.5 ppm;
and Crop Group Expansions/Conversions for brassica, leafy greens,
subgroup 4-16B at 16 ppm; cottonseed subgroup 20C at 0.60 ppm; leaf
petiole vegetable subgroup 22B at 4.0 ppm; leafy greens subgroup 4-16A,
except spinach at 4.0 ppm; and vegetable, brassica, head and stem,
group 5-16 at 1.5 ppm, and
b. Amend 180.613(c) Tolerances with regional registrations, by
establishing a tolerance for clover, forage at 0.9 ppm and clover, hay
at 4.0 ppm.
Analytical methodology to determine above designated residues of
flonicamid for the majority of crops includes an initial extraction
with acetonitrile (ACN)/deionized (DI) water, followed by a liquid-
liquid partition with ethyl acetate. The residue method for wheat straw
is similar, except that a C18 solid phase extraction (SPE)
is added prior to the liquid-liquid partition. The final sample
solution is quantitated using a liquid chromatograph (LC) equipped with
a reverse phase column and a triple quadruple mass spectrometer (MS/
MS). Contact: RD.
3. PP 7E8587. (EPA-HQ-OPP-2017-0465). IR-4, IR-4 Project
Headquarters, Rutgers, The State University of NJ, 500 College Road
East, Suite 201 W, Princeton, NJ 08540, requests to establish a
tolerance in 40 CFR part 180 for residues of the herbicide S-
metalochlor including its metabolites and degradates in or on the raw
agricultural commodities stevia, dried leaves at 15.0 ppm; vegetable,
leaves of root and tuber, group 2, except sugar beet at 2.0 ppm; Swiss
chard at 0.10 ppm; vegetable, brassica, head and stem, group 5-16 at
0.60 ppm; brassica, leafy greens, subgroup 4-16B, except Chinese
broccoli at 1.8 ppm; stalk and stem vegetable subgroup 22A, except
celtuce, Florence fennel, and kohlrabi at 0.10 ppm; leaf petiole
vegetable subgroup 22B at 0.10 ppm; cottonseed subgroup 20C at 0.10
ppm; celtuce at 0.10 ppm; Florence fennel at 0.10 ppm; kohlrabi at 0.60
ppm, and Chinese broccoli at 0.60 ppm. A GC/NPD method has been
submitted to the Agency for determining residues in/on crop commodities
and is published in PAM Vol. II, Method I. Contact: RD.
4. PP 7E8610. (EPA-HQ-OPP-2017-0562). IR-4, IR-4 Project
Headquarters, Rutgers, The State University of NJ, 500 College Road
East, Suite 201 W, Princeton, NJ 08540, requests to establish a
tolerance in 40 CFR part 180 for residues of the fungicide mefenoxam,
including its metabolites and degradates in or on the raw agricultural
commodities cacao bean, bean at 0.2 ppm; wasabi, tops at 6.0 ppm;
wasabi, stem at 3.0 ppm; and fruit, small, vine climbing, except grape,
crop subgroup 13-07E at 0.10 ppm. The analytical methods cited are the
Novartis Crop Protection Method 456-98, ``Confirmatory Analytical
Method for the Enantioselective Determination of Residues of Parent
Metalaxyl (CGA-48988) or Mefenoxam (CGA-329351) in Crop Substrates by
Chiral High Performance Liquid Chromatography with Mass Spectrometric
Detection'', and the Ciba-Geigy Corporation Procedure AG-395,
``Improved Method for the Determination of Total Residues of Metalaxyl
in Crop as 2,6-dimethylaniline''. This total residue method is used for
the determination of the combined residues of metalaxyl N-(2,6-
dimethylphenyl)-N-(methoxyacetyl) alanine methyl ester and its
metabolites which contain the 2,6-dimethylaniline (2,6-DMA) moiety in
crop samples. Contact: RD.
5. PP 7E8613. (EPA-HQ-OPP-2017-0587) from 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
180.675 for residues of the insecticide tolfenpyrad, (4-chloro-3-ethyl-
1-methyl-N-[4-(p-tolyloxy)benzyl]pyrazole-5-carboxamide), including it
metabolites and degradates, in or on arugula at 30.0 ppm; avocado at
1.5 ppm; berry, low growing, subgroup 13-07G, except cranberry and
blueberry, lowbush at 3.0 ppm; bushberry, subgroup 13-07B at 7.0 ppm;
caneberry, subgroup 13-07A at 7.0 ppm; celtuce at 30.0 ppm; cottonseed,
subgroup 20C at 0.70 ppm; Florence fennel at 30.0 ppm; fruit, small,
vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 2.0 ppm;
garden
[[Page 3661]]
cress at 30.0 ppm; leafy greens, subgroup 4-16A at 30.0 ppm; leaf
petiole vegetable, subgroup 22B at 30.0 ppm; onion, bulb, subgroup 3-
07A at 0.09 ppm; onion, green, subgroup 3-07B at 10.0 ppm; upland cress
at 30.0 ppm; vegetable, fruiting, group 8-10 at 1.0 ppm; and vegetable,
tuberous and corm, subgroup 1C at 0.01 ppm. The LC/MS/MS method is used
to measure and evaluate the chemical. Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: December 4, 2017.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2018-01498 Filed 1-25-18; 8:45 am]
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