[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Proposed Rules]
[Pages 22067-22070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9447]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2011-0082; FRL-8869-7]


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 May 20, 2011.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition number (PP) for the petition 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.

[[Page 22068]]

    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 
their Division: Biopesticides and Pollution Prevention Division (7511P) 
or 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, requesting 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. 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); 
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

[[Page 22069]]

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 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 0F7807. (EPA-HQ-OPP-2011-0179). BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528, request 
to establish tolerances in 40 CFR part 180 for residues of the 
fungicide metconazole, 5-[(4chlorophenyl)-methyl]-2,2-dimethyl-1-(1H-
1,2,4-triazol-1-ylmethyl)cyclopentanol, measured as the sum of cis- and 
trans-isomers, in or on sugarcane, cane at 0.06 parts per million 
(ppm); and sugarcane, molasses at 0.08 ppm. Independently validated 
analytical methods have been submitted for analyzing parent metconazole 
residues with appropriate sensitivity in the raw crop and processed 
commodities for sugarcane for which tolerances are being requested. 
Contact: Tamue L. Gibson, (703) 305-9096, Registration Division 
(7505P), e-mail address: gibson.tamue@epa.gov.
    2. PP 1F7825. (EPA-HQ-OPP-2006-0075). Gowan Company, 370 S. Main 
Street, Yuma, AZ 85364, request to establish tolerances in 40 CFR part 
180 for residues of the insecticide fenazaquin, 4-tert-butylphenethyl 
quinazolin-4-yl ether, in or on fruit, pome group at 0.35 ppm; cucurbit 
group at 0.25 ppm; almond, hulls at 4.5 ppm; apple, wet pomace at 0.6 
ppm; berry fruit group at 0.6 ppm; vegetable, fruiting group at 0.25 
ppm; grape at 0.9 ppm; hop at 2.0 ppm; mint at 6.0 ppm; stone fruit 
group at 1.5 ppm; strawberry at 1.5 ppm; tree nut group at 0.02 ppm; 
alfalfa, forage at 4.5 ppm; alfalfa, hay at 8.0 ppm; avocado at 0.15 
ppm; citrus fruit group at 0.3 ppm; citrus, oil at 2.5 ppm; cotton, 
seed (undelinted) at 0.5 ppm; cotton, gin byproducts at 12.0 ppm; bean, 
shelled dry subgroup at 0.2 ppm; bean, edible podded subgroup at 0.3 
ppm; beans and pea, succulent subgroup at 0.02 ppm; corn, field, grain 
at 0.15 ppm; corn, field, forage at 9.0 ppm; corn, field, stover at 30 
ppm; corn, field, aspirated grain fractions at 9.0 ppm; corn, field, 
refined oil at 0.6 ppm; corn, sweet at 0.04 ppm; and corn, sweet, 
forage at 9.0 ppm. An analytical method--liquid chromatography/tandem 
mass spectrometry (LC/MS/MS) with positive-ion electrospray ionization/
MS/MS is available for enforcement purposes. The method had a limit of 
quantitation (LOQ) of 0.01 ppm and a limit of detection (LOD) of 0.003 
ppm. Contact: Dan Peacock, Registration Division (7505P), (703) 
3055407, e-mail address: peacock.dan@epa.gov.
    3. PP 1F7836. (EPA-HQ-OPP-2011-0283). Dow AgroSciences, LLC, 9330 
Zionsville Road, Indianapolis, IN, 46268, request to reestablish and 
make permanent tolerances in 40 CFR part 180 for the combined residues 
of the herbicide cyhalofop (cyhalofop-butyl, R-(+)-n-butyl-2-(4(4-
cyano-2-fluorophenoxy)-phenoxy)propionate, plus cyhalofop acid, R-(+)-
2-(4(4-cyano-2-fluorophenoxy)-phenoxy)propionic acid) and the di-acid 
metabolite, (2R)-4-[4-(1-carboxyethoxy)phenoxy]-3-fluorobenzoic acid, 
in or on rice, grain at 0.35 ppm; and rice, wild, grain at 0.35 ppm. An 
adequate analytical method is available for enforcement purposes; the 
method has been developed and validated to determine the residues of 
cyhalofop-butyl, cyhalofop (acid form) and the di-acid metabolite in 
rice grain, straw and processed products. The method was based on 
capillary gas chromatography (GC) with mass selective detection. Level 
of detection was 0.005 ppm or 0.006 ppm depending on the analyte and 
matrix. Contact: James Stone, Registration Division (7505P), (703) 305-
7391, e-mail address: stone.james@epa.gov.

Amended Tolerance

    PP 1F7840. (EPA-HQ-OPP-2011-0307). E.I. du Pont de Nemours & 
Company, 1007 Market Street, Wilmington, DE 19898, request to amend 40 
CFR 180.364(a) to establish a tolerance for the combined residues of 
the herbicide glyphosate, N (phosphonomethyl)glycine, and its 
metabolite, N-acetyl-glyphosate (expressed as glyphosate) on canola, 
seed. An analytical method was developed, and validated, for the 
determination of glyphosate and degradate residues in transgenic crop 
and crop fraction matrices. The method was validated at 0.050 
milligrams/kilograms (mg/kg) and 0.50 mg/kg or higher fortification 
level using a LC/MS/MS system operating with an electrospray interface 
(ESI) in positive ion mode detection. An analytical method was 
developed, and validated, for the determination of glyphosate, N-
acetylglyphosate, AMPA, and N-acetyl AMPA in animal matrices including 
milk, eggs, muscle, kidney, liver, and fat. The method was validated at 
the respective LOQ and 10xLOQ level for each matrix using a LC/MS/MS 
system operating with an ESI in positive or negative ion mode 
detection. Contact: Erik Kraft, Registration Division (7505P), (703) 
308-9358, e-mail address: kraft.erik@epa.gov.

New Tolerance Exemptions

    1. PP 0E7814. (EPA-HQ-OPP-2011-0276). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W., 
Princeton, NJ 08540 on behalf of Arkion Life Sciences, 551 Mews Drive, 
Suite J, New Castle, DE 19720, request to establish an exemption from 
the requirement of tolerances for residues of the biochemical pesticide 
9,10 anthraquinone, in or on corn, field, seed; and corn, sweet, seed. 
An analytical method is available. Sample analysis for residues of 
anthraquinone, 1-hydroxyanthraquinone, and 2-hydroxyanthraquinone was 
conducted by Cornell Analytical Laboratories, Geneva, NY. The procedure 
used was ``Residue Analysis of Anthraquinone on Corn (field) including 
Kernels plus Cob with Husks Removed (K+CWHR), Forage, Grain, and Stover 
by LC/MS Detection'', Version 1. Contact: Chris Pfeifer, 
Biopesticides and Pollution Prevention Division (7511P), (703) 308-
0031, e-mail address: pfeifer.chris@epa.gov.
    2. PP 1E7834. (EPA-HQ-OPP-2011-0327). Akzo Nobel Surface Chemistry, 
LLC, 909 Mueller Avenue, Chattanooga, TN 37406, request to establish an 
exemption from the requirement of a tolerance for 2-propenoic acid, 2-
methyl-, phenylmethyl ester, polymer with 2-propenoic acid and sodium 
2-methyl-2-[(1-oxo-2-propen-1-yl)amino]-1-propanesulfonate (1:1), 
peroxydisulfuric acid ([HO)S(O)2]202) sodium salt (1:2)initiated (CAS 
Reg. No. 1246766-57-3) when used as a pesticide inert ingredient as a 
dispersant in pesticide formulations under 40 CFR 180.960 in or on all 
raw agricultural commodities. An analytical method is generally not 
required when all criteria for polymer exemption per 40 CFR 723.250 are 
met. In addition, Akzo Nobel is petitioning for an exemption from the 
requirement of a tolerance without any numerical limitations.

[[Page 22070]]

Contact: Mark Dow, Registration Division (7505P), (703) 305-5533, e-
mail address: dow.mark@epa.gov.
    3. PP 0F7729. (EPA-HQ-OPP-2010-0096). DSM Food Specialties B.V., 
Alexander Fleminglaan 1, 2613 AX Delft, The Netherlands, c/o Keller and 
Heckman, LLP, 1001 G. Street, NW., Washington, DC 20001 request to 
establish an exemption from the requirement of a tolerance for residues 
of the biochemical pesticide natamycin, (6,11,28-
Trioxatricyclo[22.3.1.05,7]octacosa-8,14,16,18,20-pentaene-
25-carboxylic acid, 22-[(3-amino-3,6-dideoxy-[beta]-D-
mannopyranosyl)oxy]-1,3,26-trihydroxy-12-methyl-10oxo-, 
(1R,3S,5R,7R,8E,12R,14E,16E,18E, 20E,22R,24S,25R,26S) (CAS Reg. No. 
7681-93-8), in or on mushrooms. An analytical method is available to 
EPA for the detection and measurement of the pesticide residues. 
Contact: Cheryl Greene, Biopesticides and Pollution Prevention Division 
(7511P), (703) 308-0352, e-mail address: greene.cheryl@epa.gov.

Amended Tolerance Exemption

    PP 1E7830. (EPA-HQ-OPP-2007-0158). Interregional Research Project 
Number 4 (IR-4), Rutgers University, 500 College Road East, Suite 201W, 
Princeton, NJ 08540 on behalf of the Arizona Cotton Research and 
Protection Council, 3721 East Wier Avenue, Phoenix, AZ 85040-2933, 
request to amend 40 CFR 180.1206 to establish a permanent exemption 
from the requirement of a tolerance for Aspergillus flavus AF36 on 
pistachio. The petitioner believes no analytical method is needed 
because an exemption from the requirement of a tolerance for residues 
of the microbial pesticide A. flavus AF36 in/on pistachios, without any 
numerical limitation is being requested for pistachios. Contact: Shanaz 
Bacchus, Biopesticides and Pollution Prevention Division (7511P), (703) 
308-8097, e-mail address: bacchus.shanaz@epa.gov.

List of Subjects

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

    Dated: April 11, 2011.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-9447 Filed 4-19-11; 8:45 am]
BILLING CODE 6560-50-P