[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78240-78243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31218]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0012; FRL-8853-1]


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 January 14, 2011.

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), 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

[[Page 78241]]

pesticide manufacturer. Potentially affected entities may include, but 
are not limited to:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]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 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 OE7788. (EPA-HQ-OPP-2010-0865). BASF Corporation, P.O. Box 
13528, Research Triangle Park, NC 27709, proposes to establish a 
tolerance in 40 CFR part 180 for residues of the herbicide 
tepraloxydim, (2-[1-[[[(2E)-3-chloro-2-propenyl]oxy]imino]propyl]-3-
hydroxy-5-(tetrahydro-2H-pyran-4-yl)-cyclohexene-1-one) and its 
metabolites convertible to GP (3- (tetrahydropyran-4-yl)pentane-1,5-
dioic acid) and OH-GP (3-hydroxy-3-(tetrahydropyran-4-yl)pentane-1,5-
dioic acid), calculated as tepraloxydim, in or on pea and bean, dried 
shelled, except soybean, subgroup 6C at 0.10 parts per million (ppm); 
and sunflower, subgroup 20B at 0.25 ppm for imported commodities. The 
analytical method involves extraction, concentration, precipitation, 
centrifugation/filtration, oxidation, partition, and clean-up. Samples 
are then analyzed by gas chromatography-mass spectrometry (GC/MS) 
(selected ion monitoring). The limit of quantitation (LOQ) is 0.05 ppm 
for each analyte, parent and metabolite. Contact: Susan Stanton, (703) 
305-5218; e-mail address: stanton.susan@epa.gov.
    2. PP 0E7772. (EPA-HQ-OPP-2010-0879). Cheminova A/S, c/o Cheminova, 
Inc., 1600 Wilson Blvd., Suite 700, Arlington, VA 22209-2510, proposes 
to establish a tolerance in 40 CFR part 180 for residues of the 
fungicide flutriafol, [()-[alpha]-(2-fluorophenyl)-[alpha]-
(4-fluorophenyl)-1H-1,2,4-triazole-1-ethanol], including its 
metabolites and degradates, in or on banana, whole (import tolerance) 
at 0.50 ppm. Adequate enforcement analytical methods for determining 
flutriafol in or on appropriate raw agricultural commodities and 
processed commodities are available for the established and proposed 
tolerances. Contact: Tamue L. Gibson, (703) 305-9096; e-mail address: 
gibson.tamue@epa.gov.
    3. PP 0F7737. (EPA-HQ-OPP-2010-0864). Isagro S.p.A., 430 Davis 
Drive, Suite 240, Morrisville, NC 27560, proposes to establish a 
tolerance in 40 CFR part 180 for residues of the fungicide 
tetraconazole, 1-[2-(2,4-dichlorophenyl)-3-(1,1,2,2-
tetrafluoroethoxy)propyl]-1H-1,2,4-triazole, in or on corn; field, 
forage; field, grain; field, stover; pop, grain; and pop, stover at 
1.0, 0.01, 1.5, 0.01 and 1.5 ppm, respectively. Adequate enforcement 
methodology (capillary gas chromatography with electron capture 
detector (GC/ECD)) is available to enforce the tolerance expression. An

[[Page 78242]]

additional new enforcement method using liquid chromatography/MS/MS 
(LC/MS/MS) detection has been submitted to the Agency. Contact: Lisa 
Jones, (703) 308-9424; e-mail address: jones.lisa@epa.gov.
    4. PP 0F7750. (EPA-HQ-OPP-2010-0845). Bayer CropScience, 2 T.W. 
Alexander Dr., Research Triangle Park, NC 27709, proposes to establish 
a tolerance in 40 CFR part 180 for the combined residues of the 
herbicide isoxaflutole, 5-cyclopropyl-4-(2-methylsulfonyl-4-
trifluoromethylbenzoyl) isoxazole and its metabolite 1-(2-
methylsulfonyl-4-trifluoromethylphenyl)-2-cyano-3-cyclopropyl propane-
1,3-dione (RPA 202248), calculated as the parent compound, in or on 
soybean at 0.05 ppm; and soybean, aspirated grain fractions at 0.25 
ppm. Bayer CropScience has submitted a method description and 
validation for an LC/MS/MS (CAL study 019-03) for use in corn 
and rotational crops. This method is the proposed enforcement method 
for all crops. A modification of this method, IS-004-P10-02, was 
developed and validated for use in soybean field trials. Contact: James 
M. Stone, (703) 305-7391; e-mail address: stone.james@epa.gov.
    5. PP 0F7764. (EPA-HQ-OPP-2010-0866). Bayer CropScience, 2 T.W. 
Alexander Dr., Research Triangle Park, NC 27709, proposes to establish 
a tolerance in 40 CFR part 180 for residues of the fungicide 
fenamidone, (4H-Imidazol-4-one, 3,5-dihydro-5-methyl-2-(methylthio)-5-
phenyl-3 (phenylamino)-, (S)-), in or on grain, cereal, group 15 
(except rice) at 0.1 ppm; grain, forage, group16 (except rice) at 0.3 
ppm; and grain, stover, group 16 (except rice) at 0.5 ppm. Although 
residue levels approaching the proposed tolerances are unlikely, 
independently validated enforcement methods LC/MS/MS are available for 
determining residues of fenamidone and relevant metabolites in 
rotational crops. Contact: RoseMary Kearns, (703) 305-5611; e-mail 
address: kearns.rosemary@epa.gov.
    6. PP 0F7768. (EPA-HQ-OPP-2010-0849). Syngenta Crop Protection, 
Inc., P.O. Box 18300, Greensboro, NC 27419, proposes to establish a 
tolerance in 40 CFR part 180 for residues of the herbicide fluazifop-p-
butyl, butyl(R)-2-[4-[[5-(trifluoromethyl)-2-
pyridinyl]oxy]phenoxy]propanoate, and the free and conjugated forms of 
the resolved isomer of fluazifop, (R)-2-[4-[[5-(trifluoromethyl)-2-
pyridinyl]oxy]phenoxy]propanoic acid, expressed as fluazifop, in or on 
cotton, undelinted seed at 0.9 ppm; and cotton, gin byproducts at 0.8 
ppm. Syngenta has developed and validated analytical methodology for 
enforcement purposes. An extensive database of method validation data 
using this method on various crop commodities is available. Contact: 
James M. Stone, (703) 305-7391; e-mail address: stone.james@epa.gov.
    7. PP 0F7770. (EPA-HQ-OPP-2010-0876). Cheminova A/S, c/o Cheminova, 
Inc., 1600 Wilson Blvd., Suite 700, Arlington, VA 22209-2510, proposes 
to establish rotational crop tolerances in 40 CFR part 180 for the 
indirect or inadvertent residues of the fungicide flutriafol, [()-[alpha]-(2-fluorophenyl)-[alpha]-(4-fluorophenyl)-1H-1,2,4-
triazole-1-ethanol], including its metabolites and degradates, in or on 
sweet corn, field corn and cotton raw agricultural commodities (corn, 
sweet, forage at 0.05 ppm; corn, sweet, stover at 0.09 ppm; corn, 
sweet, kernels plus cob with husks removed at 0.01 ppm; corn, field, 
forage at 0.10 ppm; corn, field, stover at 0.07 ppm; corn, field, grain 
at 0.01 ppm; cotton, undelinted seed at 0.01 ppm; and cotton, gin 
byproducts at 0.05 ppm) grown in fields previously planted with 
soybeans that were treated with flutriafol. Residues of flutriafol in 
sweet corn, field corn and cotton raw agricultural commodity products 
can be determined by GC with mass selective detection (GC/MSD). The 
method was validated for determination of residues of flutriafol in 
sweet corn, field corn and cotton raw agricultural commodities. 
Residues of flutriafol in animal matrices can be determined by GC/MSD. 
The method was validated for determination of residues of flutriafol in 
milk, muscle, kidney, liver and egg. Contact: Tamue L. Gibson, (703) 
305-9096; e-mail address: gibson.tamue@epa.gov.
    8. PP 0F7771. (EPA-HQ-OPP-2010-0875). Cheminova A/S, c/o Cheminova, 
Inc., 1600 Wilson Blvd., Suite 700, Arlington, VA 22209-2510, proposes 
to establish a tolerance in 40 CFR part 180 for residues of the 
fungicide flutriafol, [()-[alpha]-(2-fluorophenyl)-[alpha]-
(4-fluorophenyl)-1H-1,2,4-triazole-1-ethanol], including its 
metabolites and degradates, in or on corn, field, forage at 4.0 ppm; 
corn, field, stover at 6.0 ppm; corn, field, grain at 0.01 ppm; corn, 
field, flour at 0.03 ppm; corn, field, oil at 0.07 ppm; corn, field, 
meal at 0.03 ppm; corn, pop, stover at 6.0 ppm; corn, pop, grain at 
0.01 ppm; grape at 1.1 ppm; grape, raisin at 2.5 ppm; peanut at 0.08 
ppm; peanut, hay at 18 ppm; fruit, pome (Crop Group 11) at 0.60 ppm; 
fruit, stone (Crop Group 12) at 0.80 ppm; beet, sugar, root at 1.5 ppm; 
beet, sugar, tops at 2.5 ppm; beet, sugar, refined at 0.70 ppm; beet, 
sugar, molasses at 1.0 ppm; beet, sugar, dried pulp at 1.0 ppm; wheat, 
forage at 25 ppm; wheat, hay at 9.0 ppm; wheat, straw at 6.0 ppm; 
wheat, grain at 0.15 ppm; wheat, grain, bran at 0.20 ppm; wheat, grain, 
germ at 0.20 ppm; barley, hay at 9.0 ppm; barley, straw at 6.0 ppm; 
barley, grain at 0.15 ppm; barley, grain, bran at 0.20 ppm; buckwheat, 
grain at 0.15 ppm; oats, forage at 25 ppm; oats, hay at 9.0 ppm; oats, 
straw at 6.0 ppm; oats, grain at 0.15 ppm; oats, grain, bran at 0.20 
ppm; rye, forage at 25 ppm; rye, straw at 6.0 ppm; rye, grain at 0.15 
ppm; cattle, liver at 0.12 ppm; goat, liver at 0.12 ppm; horse, liver 
at 0.12 ppm; sheep, liver at 0.12 ppm; and milk at 0.02 ppm. The 
proposed tolerance for fruit, pome, which is based on new field trial 
data for pears and previously submitted data for apples, will replace 
the current tolerance for apples at 0.20 ppm. Adequate enforcement 
analytical methods for determining flutriafol in/on appropriate raw 
agricultural commodities and processed commodities are available for 
the established and proposed tolerances. Contact: Tamue L. Gibson, 
(703) 305-9096; e-mail address: gibson.tamue@epa.gov.
    9. PP 0F7773. (EPA-HQ-OPP-2010-0916). Gowan Company, 370 South Main 
Street, Yuma, AZ 85364, proposes to amend 40 CFR 180.448 for residues 
of the insecticide hexythiazox (trans-5-(4-chlorophenyl)-N-cyclohexyl-
4-methyl-2-oxothiazolidine-3-carboxamide) and its metabolites 
containing the (4-chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety, 
by establishing a tolerance in or on grain, aspirated fractions at 0.5 
ppm; removing the geographical restriction for the existing tolerances 
for hexythiazox on corn, field, forage; corn, field, grain; and corn, 
field, stover; and increasing the tolerance for corn, field, stover 
from 2.5 ppm to 6.0 ppm. A practical analytical method, high pressure 
liquid chromatography with a ultraviolet (UV) detector, which detects 
and measures residues of hexythiazox and its metabolites as a common 
moiety, is available for enforcement purposes. Contact: Olga Odiott, 
(703) 308-9369; e-mail address: odiott.olga@epa.gov.

List of Subjects

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


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    Dated: December 6, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-31218 Filed 12-14-10; 8:45 am]
BILLING CODE 6560-50-P