Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 63731-63734 [2015-26779]
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Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Proposed Rules
financing of a dwelling on a person’s
response to harassment because of race,
color, religion, sex, handicap, familial
status, or national origin.
■ 10. Add subpart H, consisting of
§ 100.600, to read as follows:
Subpart H— Quid Pro Quo and Hostile
Environment Harassment
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
§ 100.600 Quid pro quo and hostile
environment harassment.
(a) General. Quid pro quo and hostile
environment harassment because of
race, color, religion, sex, familial status,
national origin or handicap may violate
sections 804, 805, 806 or 818 of the Act,
depending on the conduct. The same
conduct may violate one or more of
these provisions.
(1) Quid pro quo harassment. Quid
pro quo harassment refers to an
unwelcome request or demand to
engage in conduct where submission to
the request or demand, either explicitly
or implicitly, is made a condition
related to: The sale, rental or availability
of a dwelling; the terms, conditions, or
privileges of the sale or rental, or the
provision of services or facilities in
connection therewith; or the
availability, terms, or conditions of a
residential real estate-related
transaction. An unwelcome request or
demand may constitute quid pro quo
harassment even if a person acquiesces
in the unwelcome request or demand.
(2) Hostile environment harassment.
Hostile environment harassment refers
to unwelcome conduct that is
sufficiently severe or pervasive as to
interfere with: the availability, sale,
rental, or use or enjoyment of a
dwelling; the terms, conditions, or
privileges of the sale or rental, or the
provision or enjoyment of services or
facilities in connection therewith; or the
availability, terms, or conditions of a
residential real estate-related
transaction. Hostile environment
harassment does not require a change in
the economic benefits, terms, or
conditions of the dwelling or housingrelated services or facilities, or of the
residential real-estate transaction.
(i) Totality of the circumstances.
Whether hostile environment
harassment exists depends upon the
totality of the circumstances.
(A) Factors to be considered to
determine whether hostile environment
harassment exists include, but are not
limited to, the nature of the conduct, the
context in which the incident(s)
occurred, the severity, scope, frequency,
duration, and location of the conduct,
and the relationships of the persons
involved.
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(B) Evidence of psychological or
physical harm is relevant in
determining whether a hostile
environment was created, as well as the
amount of damages to which an
aggrieved person may be entitled.
However, neither psychological nor
physical harm must be demonstrated to
prove that a hostile environment exists.
(ii) Title VII affirmative defense. The
affirmative defense to an employer’s
vicarious liability for hostile
environment harassment by a supervisor
under Title VII of the Civil Rights Act
of 1964 does not apply to cases brought
pursuant to the Fair Housing Act.
(b) Type of conduct. Harassment can
be written, verbal, or other conduct, and
does not require physical contact.
(c) Number of incidents. A single
incident of harassment because of race,
color, religion, sex, familial status,
national origin, or handicap may
constitute a discriminatory housing
practice, where the incident is severe, or
evidences a quid pro quo.
Dated: September 28, 2015.
Gustavo Velasquez,
Assistant Secretary for Fair Housing and
Equal Opportunity.
[FR Doc. 2015–26587 Filed 10–20–15; 8:45 am]
BILLING CODE 4210–67–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2015–0032; FRL–9935–29]
Receipt of Several Pesticide Petitions
Filed for Residues of Pesticide
Chemicals in or on Various
Commodities
Environmental Protection
Agency (EPA).
ACTION: Notice of filing of petitions and
request for comment.
AGENCY:
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 November 20, 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:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
SUMMARY:
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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 https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
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:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• 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
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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
https://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.
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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 https://
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 4E8300. (EPA–HQ–OPP–2015–
0685). Tea Association of the U.S.A.,
Inc., 362 5th Avenue, Suite 801, New
York, New York 10001, requests to
establish a tolerance in 40 CFR part 180
for residues of the fungicide
propiconazole in or on tea at 4 parts per
million (ppm). The HPLC/UV Method
AG–671A is used to measure and
evaluate the chemical propiconazole.
Contact: RD.
2. PP 4E8319. (EPA–HQ–OPP–2014–
0822). Interregional Research Project
Number 4 (IR–4), 500 College Road East,
Suite 201 W., Princeton, NJ 08540,
requests to establish tolerances for
residues of azoxystrobin (methyl (E)-2{2-[6-(2-cyanophenoxy)pyrimidin-4yloxy]phenyl}-3-methoxyacrylate) and
the Z isomer of azoxystrobin, (methyl
(Z)-2-{2-[6-(2cyanophenoxy)pyrimidin-4yloxy]pheny1}-3-methoxyacrylate) in or
on the raw agricultural commodities Ti
palm, leaves at 50 part per million
(ppm); Ti palm, roots at 0.5 ppm; Fruit,
stone, group 12–12 at 2.0 ppm; Nut,
tree, group 14–12 at 0.02 ppm; and
Quinoa, grain at 3.0 ppm. An adequate
analytical method, gas chromatography
with nitrogen-phosphorus detection
(GC–NPD) or in mobile phase by high
performance liquid chromatography
with ultra-violet detection (HPLC–UV),
is available for enforcement purposes
with a limit of detection that allows
monitoring of food with residues at or
above the levels set in these tolerances.
Contact: RD.
3. PP 4E8321 (EPA–HQ–OPP–2014–
0788). 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-(2,4dichlorophenyl)-4-propyl-1,3-dioxolan-
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2-yl] methyl]-1H11,2,4-triazole and its
metabolites determined as 2,4dichlorobenzoic acid (2,41DCBA),
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; quinoa,
grain, at 3.0 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.
4. PP 4E8337. (EPA–HQ–OPP–2015–
0030). Interregional Research Project
Number 4 (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
carfentrazone-ethyl (ethyl-alpha-2dichloro-5-[4-(difluoromethyl)-4,5dihydro-3-methyl-5-oxo-1H-1,2,4triazol-1-yl]-4-fluorobenzenepropanoate) and the metabolite
carfentrazone-ethyl chloropropionic
acid (a, 2-dichloro-5-[4(difluoromethyl)-4,5-dihydro-3-methyl5-oxo-1H–1,2,4-triazol-1-yl]-4fluorobenzenepropanoic acid)] in or on
the raw agricultural commodity quinoa,
grain at 0.10 ppm and psyllium, seed at
0.10 ppm. There is a practical analytical
method for detecting and measuring
levels of carfentrazone-ethyl and its
metabolite in or on food with a limit of
quantitation that allows monitoring of
food with residues at or above the levels
set or proposed in the tolerances.
Contact: RD.
5. PP 5E8382. (EPA–HQ–OPP–2015–
0559). Interregional Research Project
Number 4 (IR–4), requests to establish a
tolerance in 40 CFR part 180 for
residues of the fungicide penflufen, (1HPyrazole-4-carboxamide, N-[2-(1,3dimethylbutyl)phenyl]-5-fluoro-1,3dimethyl-) in or on Onion, bulb,
subgroup 3–07A at 0.01 parts per
million (ppm); and Onion, green,
subgroup 3–07B at 0.015 ppm. The high
performance liquid chromatographyelectrospray ionization/tandem mass
spectrometry (LC/MS/MS) is used to
measure and evaluate the chemical
penflufen. Contact: RD.
6. PP 5E8384. (EPA–HQ–OPP–2015–
0569). Interregional Research Project
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Number 4 (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
fluensulfone equivalents (i.e., the sum
of thiazole sulfonic acid (TSA) and
butene sulfonic acid (BSA) expressed as
total fluensulfone equivalents) in or on
the raw agricultural commodity
Vegetable, tuberous and corm, subgroup
1C at 0.6 ppm. Adequate analytical
methods for determining fluensulfone
in/on appropriate raw agricultural
commodities and processed
commodities have been developed and
validated, including LC–MS/MS
methods. The analytical procedures
have been successfully validated in
terms of specificity, linearity, precision,
accuracy and LOQ. Contact: RD.
7. PP 5E8395. (EPA–HQ–OPP–2015–
0629). Interregional Research Project
Number 4 (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 fomesafen,
5-[2-cloro-4-(trifluoromethyl)phenoxy]N-(methylsulfonyl)-2-nitrobenzamide in
or on the raw agricultural commodities
Vegetable, tuberous and corm, subgroup
1C at 0.025 parts per million (ppm),
Berry, low growing subgroup 13–07G,
except cranberry at 0.02 ppm, and
Vegetable, legume group 6 at 0.05 ppm.
An analytical method using chemical
derivatization followed by gas
chromatography with NitrogenPhosphorus detection (NPD) has been
developed and validated for residues of
fomesafen in snap/dry beans, cotton
seed and cotton gin byproducts, as well
as for other crops. Contact: RD.
8. PP 5F8358. (EPA–HQ–OPP–2015–
0646). Syngenta Crop Protection, LLC,
P.O. Box 18300, Greensboro, NC 27419–
8300, requests to establish a tolerance in
40 CFR part 180 for residues of the
fungicide cyprodinil, 4-cyclopropyl-6methyl-N-phenyl-2-pyrimidinamine, in
or on vegetable, tuberous and corm,
subgroup 1C at 0.01 parts per million
(ppm) and potato, wet peel at 0.03 ppm.
The High Performance Liquid
Chromatography (HPLC) with Column
Switching (Method AG–631B), and High
Performance Liquid with Mass
Spectrometry (HPLC/MS) methods were
used to measure and evaluate the
chemical cyprodinil and its metabolite
CGA–304075. Contact: RD.
Amended Tolerances
1. PP 4E8319. (EPA–HQ–OPP–2014–
0822). Interregional Research Project
Number 4 (IR–4), IR–4 Project, 500
College Road East, Suite 201W.,
Princeton, NJ 08540, requests to amend
the tolerances in 40 CFR 180.507 for
residues of azoxystrobin: (methyl (E)-2-
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{2-[6-(2-cyanophenoxy)pyrimidin-4yloxy]phenyl}- 3-methoxyacrylate) and
the Z isomer of azoxystrobin, (methyl
(Z)-2-{2-[6-(2cyanophenoxy)pyrimidin-4yloxy]pheny1}-3-methoxyacrylate) by
removing the tolerances in or on the raw
agricultural commodities Fruit, stone,
group 12 at 1.5 ppm; and Nut, tree,
group 14 at 0.02 ppm. An adequate
analytical method, gas chromatography
with nitrogen-phosphorus detection
(GC–NPD) or in mobile phase by high
performance liquid chromatography
with ultra-violet detection (HPLC–UV),
is available for enforcement purposes
with a limit of detection that allows
monitoring of food with residues at or
above the levels set in these tolerances.
Contact: RD.
2. PP 4E8321 (EPA–HQ–OPP–2014–
0788). IR–4 Project Headquarters,
Rutgers, The State University of New
Jersey, 500 College Road East, Suite 201
W., Princeton, NJ 08540, requests upon
establishment of new propiconazole
tolerances above, removing tolerances in
40 CFR 180.434 for residues of the
fungicide, propiconazole, 1-[[2-(2,4dichlorophenyl)-4-propyl-1,3-dioxolan2-yl] methyl]-1H-1,2,4-triazole and its
metabolites determined as 2,4dichlorobenzoic acid (2,4-DCBA),
expressed as the stoichiometric
equivalent of propiconazole, in or on
fruit, stone, group 12 except plum at 4.0
ppm and nut, tree, group 14 at 0.1 ppm
to eliminate redundancies. 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.
3. PP 5E8395. (EPA–HQ–OPP–2015–
0629). Interregional Research Project
Number 4 (IR–4), IR–4 Project, 500
College Road East, Suite 201 W.,
Princeton, NJ 08540, requests to amend
the tolerances in 40 CFR 180.433 for
residues of fomesafen, 5-[2-cloro-4(trifluoromethyl)phenoxy]-N(methylsulfonyl)-2-nitrobenzamide by
removing the tolerances on the raw
agricultural commodities Bean, dry at
0.05 ppm; Bean, snap, succulent at 0.05
ppm; Bean Lima, succulent at 0.05 ppm;
Pea, succulent at 0.025 ppm; Potato at
0.025 ppm; Soybean at 0.05 ppm; and
Soybean, vegetable succulent at 0.05
ppm. An analytical method using
chemical derivatization followed by gas
chromatography with NitrogenPhosphorus detection (NPD) has been
developed and validated for residues of
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fomesafen in snap/dry beans, cotton
seed and cotton gin byproducts, as well
as for other crops. Contact: RD.
4. PP 5F8369. (EPA–HQ–OPP–2015–
0561). ISK Biosciences Corporation,
7470 Auburn Road, Suite A, Concord,
Ohio 44077, requests to amend the
tolerances in 40 CFR 180.613 for
residues of the insecticide flonicamid
[(N-(cyanomethyl)-4-trifluoromethyl)-3pyridinecarboxamide) or (Ncyanomethyl-4trifluoromethylnicotinamide (IUPAC))],
including its metabolites, TFNA [4trifluoromethylnicotinic acid], TFNA–
AM [4-trifluoromethylnicotinamide],
and TFNG [N-(4trifluoromethylnicotinoyl)], in or on the
raw agricultural commodity Crop Group
14–12, Tree Nuts from 0.15 ppm to 0.3
ppm and the existing tolerance in or on
the raw agricultural commodity hops
from 7.0 ppm to 30 ppm. An analytical
method using LC–MS/MS has been
developed to determine the residues of
flonicamid and its metabolites, TFNA,
TFNA–AM, and TFNG on tree nuts and
hops. Contact: RD.
5. PP 5F8374. (EPA–HQ–OPP–2015–
0560). Syngenta Crop Protection, LLC,
P.O. Box 18300, Greensboro, NC 27419–
8300, requests to amend 40 CFR part
180.682 for residues of the herbicide,
Bicyclopyrone: 4-hydroxy-3-{2-[(2methoxyethoxy) methyl}-6(trifluoromethyl)-3-pyridylcarbonyl}
bicyclo oct-3-en-2-one, in or on the raw
agricultural commodities: Wheat, forage
at 0.50 parts per million (ppm); wheat,
grain, at 0.04 ppm; wheat, hay at 0.9
ppm; wheat, straw at 0.50 ppm; wheat,
bran at 0.15 ppm; wheat, germ at 0.10
ppm; wheat, aspirated grain fractions at
0.50 ppm; barley, grain, at 0.07 ppm,
barley, hay at 0.3 ppm; barley, straw at
0.50 ppm; barley, bran at 0.15 ppm; and
barley, germ at 0.10 ppm. Adequate
analytical methodology is available for
data collection enforcement of
bicyclopyrone residues. Analytical
methods GRM030.05A and
GRM030.08A have also undergone
independent laboratory validation (ILV)
to demonstrate the suitability of the
methods for the monitoring of residues
of bicyclopyrone in crops and animal
tissues. All study methods and
validation reports have been found
acceptable by the EPA. Contact: RD.
New Tolerance Exemptions
1. PP IN–10836. (EPA–HQ–OPP–
2015–0630). Spring Trading Company,
203 Dogwood Trail, Magnolia, Texas
77354–5201, on behalf of Lamberti USA,
Inc., 14622 Exxon Road, Conroe, Texas
77302, requests to establish an
exemption from the requirement of a
tolerance for residues of 2-propenoic
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acid, homopolymer, ester with a-[2,4,6tris(1-phenylethyl)phenyl]-whydroxypoly(oxy-1,2- ethanediyl),
compd. with 2,2′,2″-nitrilotris[ethanol]
(CAS Reg. No. 1477613–46–9) when
used as an inert ingredient in pesticide
formulations under 40 CFR 180.960.
The petitioner believes no analytical
method is needed because it is not
required for an exemption from the
requirement of a tolerance. Contact: RD.
2. PP IN–10838. (EPA–HQ–OPP–
2015–0631). Bayer Healthcare, LLC,
Animal Health Division, P.O. Box 390,
Shawnee Mission, KS 66201, requests to
establish an exemption from the
requirement of a tolerance for residues
of di-n-butyl adipate (CAS Reg. No.
105–99–7) when used as an inert
ingredient (component of plastic
container strips) in pesticide
formulations applied to the entrance to
bee hives to control varroa mites 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.
3. PP IN–10854. (EPA–HQ–OPP–
2015–0655). SciReg., Inc., 12733
Director’s Loop, Woodbridge, VA 22192,
on behalf of Taminco U.S., Inc.,
Subsidiary of Eastman Chemical Co.,
Two Windsor Plaza, Suite 400, 7540
Windsor Drive, Allentown, PA 18195,
requests to establish an exemption from
the requirement of a tolerance for
residues of 2-pyrrolidinone, 1-butyl(CAS Reg No. 3470–98–2) when used as
an inert ingredient in pesticide
formulations (solvent/co-solvent) in
pesticide formulations applied to
growing crops only under 40 CFR
180.920. The petitioner believes no
analytical method is needed because the
request is for an exemption from the
requirement of a tolerance. Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: October 14, 2015.
Susan Lewis,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. 2015–26779 Filed 10–20–15; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 271
[EPA–R06–RCRA–2015–0109; FRL–9935–
99–Region 6]
Texas: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The State of Texas has
applied to the Environmental Protection
Agency (EPA) for Final authorization of
the changes to its hazardous waste
program under the Resource
Conservation and Recovery Act (RCRA).
EPA proposes to grant Final
authorization to the State of Texas. In
the ‘‘Rules and Regulations’’ section of
this Federal Register, EPA is
authorizing the changes by direct final
rule. EPA did not make a proposal prior
to the direct final rule because we
believe this action is not controversial
and do not expect comments that
oppose it. We have explained the
reasons for this authorization in the
preamble to the direct final rule. Unless
we get written comments which oppose
this authorization during the comment
period, the direct final rule will become
effective 60 days after publication and
we will not take further action on this
proposal. If we receive comments that
oppose this action, we will withdraw
the direct final rule and it will not take
effect. We will then respond to public
comments in a later final rule based on
this proposal. You may not have another
opportunity for comment. If you want to
comment on this action, you must do so
at this time.
DATES: Send your written comments by
November 20, 2015.
ADDRESSES: Submit any comments
identified by Docket ID No. EPA–R06–
RCRA–2015–0109 by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: patterson.alima@epa.gov.
3. Mail: Alima Patterson, Region 6,
Regional Authorization Coordinator,
State/Tribal Oversight Section (6PD–O),
Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross
Avenue, Dallas Texas 75202–2733.
4. Hand Delivery or Courier: Deliver
your comments to Alima Patterson,
Region 6, Regional Authorization
Coordinator, State/Tribal Oversight
Section (6PD–O), Multimedia Planning
SUMMARY:
PO 00000
Frm 00020
Fmt 4702
Sfmt 9990
and Permitting Division, EPA Region 6,
1445 Ross Avenue, Dallas Texas 75202–
2733.
Instructions: Do not submit
information that you consider to be CBI
or otherwise protected through
regulations.gov, or email. Direct your
comment to Docket No. EPA–R06–
RCRA–2015–0070. The Federal
regulations.gov Web site is an
‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses. You can view and
copy Texas’ application and associated
publicly available materials from 8:30
a.m. to 4 p.m. Monday through Friday
at the following locations: Texas
Commission on Environmental Quality,
(TCEQ) 12100 Park S. Circle, Austin,
Texas 78753–3087, (512) 239–6079 and
EPA, Region 6, 1445 Ross Avenue,
Dallas, Texas 75202–2733, phone
number (214) 665–8533. Interested
persons wanting to examine these
documents should make an
appointment with the office at least two
weeks in advance.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, Region 6 Regional
Authorization Coordinator, State/Tribal
Oversight Section (6PD–O), Multimedia
Planning and Permitting Division, (214)
665–8533, EPA Region 6 1445 Ross
Avenue, Dallas, Texas 75202–2733, and
Email address patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
For additional information, please see
the immediate final rule published in
the ‘‘Rules and Regulations’’ section of
this Federal Register.
Dated: October 1, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015–26783 Filed 10–20–15; 8:45 am]
BILLING CODE 6560–50–P
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21OCP1
Agencies
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Proposed Rules]
[Pages 63731-63734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26779]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2015-0032; FRL-9935-29]
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 November 20, 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:
Federal eRulemaking Portal: https://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 https://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally is available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: 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:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
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
[[Page 63732]]
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 https://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 https://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 4E8300. (EPA-HQ-OPP-2015-0685). Tea Association of the
U.S.A., Inc., 362 5th Avenue, Suite 801, New York, New York 10001,
requests to establish a tolerance in 40 CFR part 180 for residues of
the fungicide propiconazole in or on tea at 4 parts per million (ppm).
The HPLC/UV Method AG-671A is used to measure and evaluate the chemical
propiconazole. Contact: RD.
2. PP 4E8319. (EPA-HQ-OPP-2014-0822). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W.,
Princeton, NJ 08540, requests to establish tolerances for residues of
azoxystrobin (methyl (E)-2-{2-[6-(2-cyanophenoxy)pyrimidin-4-
yloxy]phenyl{time} -3-methoxyacrylate) and the Z isomer of
azoxystrobin, (methyl (Z)-2-{2-[6-(2- cyanophenoxy)pyrimidin-4-
yloxy]pheny1{time} -3-methoxyacrylate) in or on the raw agricultural
commodities Ti palm, leaves at 50 part per million (ppm); Ti palm,
roots at 0.5 ppm; Fruit, stone, group 12-12 at 2.0 ppm; Nut, tree,
group 14-12 at 0.02 ppm; and Quinoa, grain at 3.0 ppm. An adequate
analytical method, gas chromatography with nitrogen-phosphorus
detection (GC-NPD) or in mobile phase by high performance liquid
chromatography with ultra-violet detection (HPLC-UV), is available for
enforcement purposes with a limit of detection that allows monitoring
of food with residues at or above the levels set in these tolerances.
Contact: RD.
3. PP 4E8321 (EPA-HQ-OPP-2014-0788). 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]-1H11,2,4-
triazole and its metabolites determined as 2,4-dichlorobenzoic acid
(2,41DCBA), 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; quinoa, grain, at 3.0 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.
4. PP 4E8337. (EPA-HQ-OPP-2015-0030). Interregional Research
Project Number 4 (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 carfentrazone-ethyl (ethyl-alpha-2-dichloro-5-[4-
(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4-
fluorobenzene-propanoate) and the metabolite carfentrazone-ethyl
chloropropionic acid ([alpha], 2-dichloro-5-[4-(difluoromethyl)-4,5-
dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4-fluorobenzenepropanoic
acid)] in or on the raw agricultural commodity quinoa, grain at 0.10
ppm and psyllium, seed at 0.10 ppm. There is a practical analytical
method for detecting and measuring levels of carfentrazone-ethyl and
its metabolite in or on food with a limit of quantitation that allows
monitoring of food with residues at or above the levels set or proposed
in the tolerances. Contact: RD.
5. PP 5E8382. (EPA-HQ-OPP-2015-0559). Interregional Research
Project Number 4 (IR-4), requests to establish a tolerance in 40 CFR
part 180 for residues of the fungicide penflufen, (1H-Pyrazole-4-
carboxamide, N-[2-(1,3-dimethylbutyl)phenyl]-5-fluoro-1,3-dimethyl-) in
or on Onion, bulb, subgroup 3-07A at 0.01 parts per million (ppm); and
Onion, green, subgroup 3-07B at 0.015 ppm. The high performance liquid
chromatography-electrospray ionization/tandem mass spectrometry (LC/MS/
MS) is used to measure and evaluate the chemical penflufen. Contact:
RD.
6. PP 5E8384. (EPA-HQ-OPP-2015-0569). Interregional Research
Project
[[Page 63733]]
Number 4 (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 fluensulfone equivalents (i.e., the sum of thiazole
sulfonic acid (TSA) and butene sulfonic acid (BSA) expressed as total
fluensulfone equivalents) in or on the raw agricultural commodity
Vegetable, tuberous and corm, subgroup 1C at 0.6 ppm. Adequate
analytical methods for determining fluensulfone in/on appropriate raw
agricultural commodities and processed commodities have been developed
and validated, including LC-MS/MS methods. The analytical procedures
have been successfully validated in terms of specificity, linearity,
precision, accuracy and LOQ. Contact: RD.
7. PP 5E8395. (EPA-HQ-OPP-2015-0629). Interregional Research
Project Number 4 (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 fomesafen, 5-[2-cloro-4-(trifluoromethyl)phenoxy]-
N-(methylsulfonyl)-2-nitrobenzamide in or on the raw agricultural
commodities Vegetable, tuberous and corm, subgroup 1C at 0.025 parts
per million (ppm), Berry, low growing subgroup 13-07G, except cranberry
at 0.02 ppm, and Vegetable, legume group 6 at 0.05 ppm. An analytical
method using chemical derivatization followed by gas chromatography
with Nitrogen-Phosphorus detection (NPD) has been developed and
validated for residues of fomesafen in snap/dry beans, cotton seed and
cotton gin byproducts, as well as for other crops. Contact: RD.
8. PP 5F8358. (EPA-HQ-OPP-2015-0646). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419-8300, requests to establish a
tolerance in 40 CFR part 180 for residues of the fungicide cyprodinil,
4-cyclopropyl-6-methyl-N-phenyl-2-pyrimidinamine, in or on vegetable,
tuberous and corm, subgroup 1C at 0.01 parts per million (ppm) and
potato, wet peel at 0.03 ppm. The High Performance Liquid
Chromatography (HPLC) with Column Switching (Method AG-631B), and High
Performance Liquid with Mass Spectrometry (HPLC/MS) methods were used
to measure and evaluate the chemical cyprodinil and its metabolite CGA-
304075. Contact: RD.
Amended Tolerances
1. PP 4E8319. (EPA-HQ-OPP-2014-0822). Interregional Research
Project Number 4 (IR-4), IR-4 Project, 500 College Road East, Suite
201W., Princeton, NJ 08540, requests to amend the tolerances in 40 CFR
180.507 for residues of azoxystrobin: (methyl (E)-2-{2-[6-(2-
cyanophenoxy)pyrimidin-4-yloxy]phenyl{time} - 3-methoxyacrylate) and
the Z isomer of azoxystrobin, (methyl (Z)-2-{2-[6-(2-
cyanophenoxy)pyrimidin-4-yloxy]pheny1{time} -3-methoxyacrylate) by
removing the tolerances in or on the raw agricultural commodities
Fruit, stone, group 12 at 1.5 ppm; and Nut, tree, group 14 at 0.02 ppm.
An adequate analytical method, gas chromatography with nitrogen-
phosphorus detection (GC-NPD) or in mobile phase by high performance
liquid chromatography with ultra-violet detection (HPLC-UV), is
available for enforcement purposes with a limit of detection that
allows monitoring of food with residues at or above the levels set in
these tolerances. Contact: RD.
2. PP 4E8321 (EPA-HQ-OPP-2014-0788). IR-4 Project Headquarters,
Rutgers, The State University of New Jersey, 500 College Road East,
Suite 201 W., Princeton, NJ 08540, requests upon establishment of new
propiconazole tolerances above, removing 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
fruit, stone, group 12 except plum at 4.0 ppm and nut, tree, group 14
at 0.1 ppm to eliminate redundancies. 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.
3. PP 5E8395. (EPA-HQ-OPP-2015-0629). Interregional Research
Project Number 4 (IR-4), IR-4 Project, 500 College Road East, Suite 201
W., Princeton, NJ 08540, requests to amend the tolerances in 40 CFR
180.433 for residues of fomesafen, 5-[2-cloro-4-
(trifluoromethyl)phenoxy]-N-(methylsulfonyl)-2-nitrobenzamide by
removing the tolerances on the raw agricultural commodities Bean, dry
at 0.05 ppm; Bean, snap, succulent at 0.05 ppm; Bean Lima, succulent at
0.05 ppm; Pea, succulent at 0.025 ppm; Potato at 0.025 ppm; Soybean at
0.05 ppm; and Soybean, vegetable succulent at 0.05 ppm. An analytical
method using chemical derivatization followed by gas chromatography
with Nitrogen-Phosphorus detection (NPD) has been developed and
validated for residues of fomesafen in snap/dry beans, cotton seed and
cotton gin byproducts, as well as for other crops. Contact: RD.
4. PP 5F8369. (EPA-HQ-OPP-2015-0561). ISK Biosciences Corporation,
7470 Auburn Road, Suite A, Concord, Ohio 44077, requests to amend the
tolerances in 40 CFR 180.613 for residues of the insecticide flonicamid
[(N-(cyanomethyl)-4-trifluoromethyl)-3-pyridinecarboxamide) or (N-
cyanomethyl-4-trifluoromethylnicotinamide (IUPAC))], including its
metabolites, TFNA [4-trifluoromethylnicotinic acid], TFNA-AM [4-
trifluoromethylnicotinamide], and TFNG [N-(4-
trifluoromethylnicotinoyl)], in or on the raw agricultural commodity
Crop Group 14-12, Tree Nuts from 0.15 ppm to 0.3 ppm and the existing
tolerance in or on the raw agricultural commodity hops from 7.0 ppm to
30 ppm. An analytical method using LC-MS/MS has been developed to
determine the residues of flonicamid and its metabolites, TFNA, TFNA-
AM, and TFNG on tree nuts and hops. Contact: RD.
5. PP 5F8374. (EPA-HQ-OPP-2015-0560). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419-8300, requests to amend 40
CFR part 180.682 for residues of the herbicide, Bicyclopyrone: 4-
hydroxy-3-{2-[(2-methoxyethoxy) methyl{time} -6-(trifluoromethyl)-3-
pyridylcarbonyl{time} bicyclo oct-3-en-2-one, in or on the raw
agricultural commodities: Wheat, forage at 0.50 parts per million
(ppm); wheat, grain, at 0.04 ppm; wheat, hay at 0.9 ppm; wheat, straw
at 0.50 ppm; wheat, bran at 0.15 ppm; wheat, germ at 0.10 ppm; wheat,
aspirated grain fractions at 0.50 ppm; barley, grain, at 0.07 ppm,
barley, hay at 0.3 ppm; barley, straw at 0.50 ppm; barley, bran at 0.15
ppm; and barley, germ at 0.10 ppm. Adequate analytical methodology is
available for data collection enforcement of bicyclopyrone residues.
Analytical methods GRM030.05A and GRM030.08A have also undergone
independent laboratory validation (ILV) to demonstrate the suitability
of the methods for the monitoring of residues of bicyclopyrone in crops
and animal tissues. All study methods and validation reports have been
found acceptable by the EPA. Contact: RD.
New Tolerance Exemptions
1. PP IN-10836. (EPA-HQ-OPP-2015-0630). Spring Trading Company, 203
Dogwood Trail, Magnolia, Texas 77354-5201, on behalf of Lamberti USA,
Inc., 14622 Exxon Road, Conroe, Texas 77302, requests to establish an
exemption from the requirement of a tolerance for residues of 2-
propenoic
[[Page 63734]]
acid, homopolymer, ester with [alpha]-[2,4,6-tris(1-
phenylethyl)phenyl]-[omega]-hydroxypoly(oxy-1,2- ethanediyl), compd.
with 2,2',2''-nitrilotris[ethanol] (CAS Reg. No. 1477613-46-9) when
used as an inert ingredient in pesticide formulations under 40 CFR
180.960. The petitioner believes no analytical method is needed because
it is not required for an exemption from the requirement of a
tolerance. Contact: RD.
2. PP IN-10838. (EPA-HQ-OPP-2015-0631). Bayer Healthcare, LLC,
Animal Health Division, P.O. Box 390, Shawnee Mission, KS 66201,
requests to establish an exemption from the requirement of a tolerance
for residues of di-n-butyl adipate (CAS Reg. No. 105-99-7) when used as
an inert ingredient (component of plastic container strips) in
pesticide formulations applied to the entrance to bee hives to control
varroa mites 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.
3. PP IN-10854. (EPA-HQ-OPP-2015-0655). SciReg., Inc., 12733
Director's Loop, Woodbridge, VA 22192, on behalf of Taminco U.S., Inc.,
Subsidiary of Eastman Chemical Co., Two Windsor Plaza, Suite 400, 7540
Windsor Drive, Allentown, PA 18195, requests to establish an exemption
from the requirement of a tolerance for residues of 2-pyrrolidinone, 1-
butyl- (CAS Reg No. 3470-98-2) when used as an inert ingredient in
pesticide formulations (solvent/co-solvent) in pesticide formulations
applied to growing crops only under 40 CFR 180.920. The petitioner
believes no analytical method is needed because the request is for an
exemption from the requirement of a tolerance. Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: October 14, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-26779 Filed 10-20-15; 8:45 am]
BILLING CODE 6560-50-P