[Federal Register Volume 75, Number 184 (Thursday, September 23, 2010)]
[Notices]
[Pages 57942-57945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23862]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0012; FRL-8845-4]


Notice of Receipt of Several Pesticide Petitions Filed for 
Residues of Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the Agency's receipt of several initial 
filings of pesticide petitions proposing the establishment or 
modification of regulations for residues of pesticide chemicals in or 
on various commodities.

DATES: Comments must be received on or before October 25, 2010.

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 on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P),

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Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to the docket ID number and the 
pesticide petition number of interest as shown in the body of this 
document. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, 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 EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, 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.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of 
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: A contact person, with telephone 
number and e-mail address, is listed at the end of each pesticide 
petition summary. You may also reach each contact person by mail at 
Registration Division (7505P), 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. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person 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 e-mail. 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 submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.
    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, proposing 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 has determined

[[Page 57944]]

that the pesticide petitions described in this notice contain the data 
or information prescribed in FFDCA section 408(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. 
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 notice, prepared by the petitioner, is 
included in a docket EPA has created for each rulemaking. The docket 
for each of the petitions is available on-line 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 0E7755. (EPA-HQ-OPP-2010-0740). Exigent, LLC, 377 S. Main 
Street, Yuma, AZ 85367, the U.S. agent on behalf of Quimica Agronomica 
de Mexico, S. de R.L. MI., Calle 18 N[deg] 20501, Colonia Impulso, C.P. 
31183, Chihuahua, Chih., Mexico, proposes to establish tolerance in 40 
CFR part 180 for residues of the fungicide oxytetracycline, in or on 
cucurbits, crop group 9; and fruiting vegetables, crop group 8 at 0.03 
parts per million (ppm). An analytical method was developed and used to 
quantitate residues of oxytetracycline by using liquid chromatography 
mass spectrometry/mass spectrometry (LC/MS/MS) detection. The limits of 
quantitation (LOQs), in all matrices, were 0.028 ppm for 
oxytetracycline (as base). The limit of detection (LOD), in all 
matrices, was defined as 0.0093 ppm for oxytetracycline, as base (1/3 
or LOQ). This method is available for enforcement purposes with a LOD 
that allows monitoring of food with residues at or above the levels set 
in these tolerances. Contact: Heather Garvie, (703) 308-0034, e-mail 
address: garvie.heather@epa.gov.
     2. PP 0F7726. (EPA-HQ-OPP-2010-0725). Arysta LifeScience North 
America, LLC, 15401 Weston Pkwy., Suite 150, Cary, NC 27513, proposes 
to establish a tolerance in 40 CFR part 180 for residues of the 
fungicide fluoxastrobin, (1E)-[2-[[6-(2-chlorophenoxy)-5-fluoro-4-
pyrimydinyl]oxy]phenyl](5,6-dihydro-1,4,2-dioxazin-3-yl)methanone O-
methyloxime, and its Z isomer, (1Z)-[2-[[6-(2-chlorophenoxy)-5-fluoro-
4-pyrimydinyl]oxy]phenyl](5,6-dihydro-1,4,2-dioxazin-3-yl)methanone O-
methyloxime, in or on raw agricultural commodities listed under crop 
subgroup 9B - squash/cucumber at 0.5 ppm. Adequate analytical 
methodology using high performance liquid chromatography/mass 
spectroscopy/mass spectrometry (HPLC/MS/MS) detection is available for 
enforcement purposes. Contact: Heather Garvie, (703) 308-0034, e-mail 
address: garvie.heather@epa.gov.
     3. PP 0F7736. (EPA-HQ-OPP-2010-0707). Adorno and Yoss, LLP, 1225 
19th Street, NW., Suite 500, Washington, DC 20036-2456 as the U.S. 
agent on behalf of Productos Qu[iacute]micos y Alimenticios OSKU S.A. 
(OSKU), 5212 El Guanaco, Huechuraba, Santiago, Chile, proposes to 
establish a tolerance in 40 CFR part 180 for residues of the fungicide 
sulfur dioxide (from sodium metabisulfite), in or on blueberry at 10 
ppm. An adequate residue analytical method is available for enforcement 
purposes. The modified Monier-Williams method, which is the official 
method of analysis approved by the Association of Official Analytical 
Chemists (AOAC), is listed in 40 CFR Appendix B to part 425. Contact: 
Rose Mary Kearns, (703) 305-5611, e-mail address: 
kearns.rosemary@epa.gov.
     4. PP 0F7744. (EPA-HQ-OPP-2010-0755). BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528, proposes 
to establish a tolerance in 40 CFR part 180 for the combined 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[foot]-isopropylsulfamide and N-[4-chloro-2-fluoro-5-
({[(isopropylamino)sulfonyl]amino{time} carbonyl)phenyl]urea, 
calculated as the stoichiometric equivalent of saflufenacil, in or on 
oilseeds, cottonseed subgroup 20C, gin by products at 3.5 ppm; 
oilseeds, cottonseed subgroup 20C, undelinted seed at 0.2 ppm; 
oilseeds, sunflower subgroup 20B, seed at 1.0 ppm; pea, vines at 8.0 
ppm; soybean, aspirated grain fractions at 4.52 ppm; soybean, hulls at 
0.42 ppm; soybean, seed at 0.1 ppm; vegetable, legume, subgroup 6C, 
beans, dry at 0.5 ppm; vegetable, legume, subgroup 6C, peas, dry at 0.1 
ppm. Adequate enforcement methodology (LC/MS/MS methods D0603/02 
(plants) and L0073/01 (livestock)) is available to enforce the 
tolerance expression. Contact: Susan Stanton, (703) 305-5218, e-mail 
address: stanton.susan@epa.gov.
     5. PP 0F7766. (EPA-HQ-OPP-2010-0755). BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528, proposes 
to establish a tolerance in 40 CFR part 180 for the combined 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[foot]-isopropylsulfamide and N-[4-chloro-2-fluoro-5-
({l(isopropylamino)sulfonyl)amino{time} carbonyl)phenyl]urea, 
calculated as the stoichiometric equivalent of saflufenacil, in or on 
oilseeds, rapeseed subgroup 20A, seed at 0.8 ppm. Adequate enforcement 
methodology (LC/MS/MS methods D0603/02 (plants) and L0073/01 
(livestock)) is available to enforce the tolerance expression. Contact: 
Susan Stanton, (703) 305-5218, e-mail address: stanton.susan@epa.gov.

New Tolerance Exemptions

     1. PP 0E7727. (EPA-HQ-OPP-2010-0703). Interregional Research 
Project Number 4 (IR-4) Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08450, on behalf of Koppert Biological Systems, Inc., 
28465 Beverly Road, Romulus, MI 48174, proposes to establish an 
exemption from the requirement of a tolerance for residues of 
lactoperoxidase (CAS No. 9003-99-0) under 40CFR 180.920 in or on all 
raw agricultural commodities when used pre-harvest as a pesticide inert 
ingredient in pesticide formulations of the active ingredients 
potassium iodide and potassium thiocyanate. Since it is proposed that 
lactoperoxidase be exempt from the requirement for a tolerance, no 
analytical method is necessary. Contact: Deirdre Sunderland, (703) 603-
0851, e-mail address: sunderland.deirdre@epa.gov.
     2. PP 0E7753. (EPA-HQ-OPP-2010-0733). The Law Offices of Walter G. 
Talarek, P.C., 1008 Riva Ridge Drive, Great Falls, VA 22066-1620 as the 
U. S. agent on behalf of Innospec Limited, Innospec Manufacturing Park, 
Oil Sites Road, Ellesmere Port, Cheshire CH65 4EY, United Kingdom, 
proposes to establish an exemption from the requirement of a tolerance 
for residues

[[Page 57945]]

of [S,S]-ethylenediamine disuccinic acid tri-sodium salt (hereafter 
referred to as EDDS) (CAS No. 178949-82-1) under 40 CFR 180.910 when 
used in accordance with good agricultural practices as a pesticide 
inert ingredient in pesticide formulations applied to growing crops or 
to raw agricultural commodities after harvest. An analytical method has 
not been proposed because EDDS residues harmful to plants and animals 
is highly unlikely to occur when it is applied as part of the proposed 
pesticide formulation and according to that formulation's label 
directions for use. Contact: Alganesh Debesai, (703) 308-8353, e-mail 
address: debesai.alganesh@epa.gov.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives, 
Food additives, Pesticides and pests, Reporting and recordkeeping 
requirements.

    Dated: September 16, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-23862 Filed 9-22-10; 8:45 am]
BILLING CODE 6560-50-S