[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Proposed Rules]
[Pages 55329-55332]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22845]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0082; FRL-8886-7]


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 October 7, 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 Web site 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

[[Page 55330]]

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 
Antimicrobials Division (7510P), Biopesticides and Pollution Prevention 
Division (7511P), and 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 
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 Tolerance

    1. PP 1E7863. (EPA-HQ-OPP-2011-0433). Interregional Research 
Project Number 4 (IR-4), 500 College Rd. East, Suite 201 W, Princeton, 
NJ 08540, requests to establish tolerances in 40 CFR part 180 for 
residues of the insecticide dinotefuran, (RS)-1-methyl-2-nitro-3-
((tetrahydro-3-furyl)methyl)guanidine, including its metabolites and 
degradates, in or on berry, low growing, except strawberry, subgroup 
13-07H at 0.2 parts per million (ppm); watercress at 5.0 ppm; onion, 
green, subgroup 3-07B at 6.0 ppm; onion, bulb, subgroup 3-07A at 0.07 
ppm; peach at 0.9 ppm; vegetable, tuberous and corm, subgroup 1C at 
0.05 ppm; fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 
13-07F at 0.9 ppm; and tea, plucked leaves at 25.0 ppm. Mitsui 
Chemicals Agro, Inc. has submitted practical analytical methodology for 
detecting and measuring levels of dinotefuran and its metabolites, 1-
methyl-3-(tetrahydro-3-furymethyl)-urea (UF) and 1-methyl-3-
(tetrahydro-3-furymethyl) guanidine (DN), in or on raw agricultural 
commodities. The high performance liquid chromatography (HPLC) method 
was validated for determination of dinotefuran, DN and UF in or on 
tomatoes and peppers, cucurbits, brassica, grapes, potatoes, mustard 
greens, and lettuce for raw agricultural commodity matrices and in or 
on

[[Page 55331]]

tomato paste and puree, grape juice and raisins and potato chips, 
granules, and wet peel for processed commodity matrices. After 
extraction with a water/acetonitrile mixture and clean up with hexane 
and extraction columns, concentrations of dinotefuran and its 
metabolites were quantified after HPLC separation by tandem mass 
spectrometry (MS/MS) detection. Contact: Sidney Jackson, (703) 305-
7610, e-mail address: jackson.sidney@epa.gov.
    2. PP 1E7881. (EPA-HQ-OPP-2011-0541). IR-4, 500 College Rd. East, 
Suite 201 W, Princeton, NJ 08540, requests to establish tolerances in 
40 CFR part 180 for combined residues of the insecticide fenpyroximate, 
(E)-1,1-dimethylethyl 4-[[[[(1,3-dimethyl-5-phenoxy-1H-pyrazol-4-
yl)methylene]amino] oxy]methyl]benzoate and its Z-isomer, (Z)-1,1-
dimethylethyl 4-[[[[(1,3-dimethyl-5-phenoxy-1H-pyrazol-4-
yl)methylene]amino]oxy]methyl]benzoate, in or on avocado at 0.20 ppm; 
sapote, black at 0.20 ppm; canistel at 0.20 ppm; sapote, mamey at 0.20 
ppm; mango at 0.20 ppm; papaya at 0.20 ppm; sapodilla at 0.20 ppm; star 
apple at 0.20 ppm; bean, snap at 0.40 ppm; and tea, plucked leaves at 
15 ppm. An enforcement method has been developed which involves 
extraction of fenpyroximate from crops with acetone, filtration, 
partitioning and cleanup, and analysis by gas chromatography (GC) using 
a nitrogen/phosphorous detector (NPD). Contact: Sidney Jackson, (703) 
305-7610, e-mail address: jackson.sidney@epa.gov.
    3. PP 1E7898. (EPA-HQ-OPP-2011-0657). IR-4, 500 College Rd. East, 
Suite 201 W, Princeton, NJ 08540, in cooperation with Syngenta Crop 
Protection, LLC, P.O. Box 18300, Greensboro NC 27419, requests to 
establish tolerances in 40 CFR part 180 for residues of the herbicide 
S-metolachlor (free and bound), S-2-chloro-N-(2-ethyl-6-methylphenyl)-
N-(2-methoxy-1-methylethyl)acetamide, its R-enantiomer, and its 
metabolites, determined as the derivatives, 2-(2-ethyl-6-methylphenyl) 
amino-1-propanol and 4-(2-ethyl-6-methylphenyl)-2-hydroxy-5-methyl-3-
morpholinone, in or on cilantro, leaves, fresh at 8.0 ppm; cilantro, 
leaves, dried at 8.0 ppm; coriander, seed at 0.13 ppm, and beet, 
garden, leaves at 1.8 ppm. Syngenta has developed and validated 
analytical methodology for enforcement purposes. This method has been 
submitted to the Agency and is in Pesticide Analytical Method Vol. II 
(PAM II), Method I. An extensive database of method validation data 
using this method on various crop commodities is available. Contact: 
Sidney Jackson, (703) 305-7610, e-mail address: jackson.sidney@epa.gov.
    4. PP 1E7904. (EPA-HQ-OPP-2011-0665). IR-4, 500 College Rd. East, 
Suite 201 W, Princeton, NJ 08540, requests to establish a tolerance in 
40 CFR part 180 for residues of the insecticide emamectin benzoate, 4'-
epi-methylamino-4'-deoxyavermectin B1 benzoate (a mixture of 
a minimum of 90% 4'-epi-methylamino-4'-deoxyavermectin B1a 
and a maximum of 10% 4'-epi-methlyamino-4'deoxyavermectin 
B1b benzoate), and its metabolites 8,9 isomer of the 
B1a and B1b component of the parent insecticide, 
in or on vegetable, cucurbit, group 9 at 0.03 ppm. Adequate analytical 
methods (HPLC-fluorescence methods) are available for enforcement 
purposes. Contact: Andrew Ertman, (703) 308-9367, e-mail address: 
ertman.andrew@epa.gov.
    5. PP 1G7889. (EPA-HQ-OPP-2011-0674). Syngenta Crop Protection, 
LLC, P.O. Box 18300, Greensboro, NC 27419-8300, requests to establish 
temporary tolerances in 40 CFR part 180 for residues of the fungicide 
acibenzolar S-methyl for an experimental use permit (EUP), in or on 
apple, grapefruit, and pears at 0.05 ppm. Syngenta Analytical Method 
AG-671A is a practical and valid method for the determination and 
confirmation of acibenzolar S-methyl (CGA245704) in raw agricultural 
commodities (RACs) and processing substrates from the tobacco, leafy 
(including Brassica) and fruiting vegetable crop groups at a limit of 
quantitation (LOQ) of 0.02 ppm. The method involves extraction, solid 
phase cleanup of samples with analysis by HPLC with ultraviolet (UV) 
detection or confirmatory LC/MS. Contact: Rose Mary Kearns, (703) 305-
5611, e-mail address: kearns.rosemary@epa.gov.

Amended Tolerance

    PP 1E7881. (EPA-HQ-OPP-2011-0541). IR-4, 500 College Rd. East, 
Suite 201 W, Princeton, NJ 08540, requests to amend the tolerances in 
40 CFR 180.566 for combined residues of the insecticide fenpyroximate, 
(E)-1,1-dimethylethyl 4-[[[[(1,3-dimethyl-5-phenoxy-1H-pyrazol-4-
yl)methylene]amino] oxy]methyl]benzoate and its Z-isomer, (Z)-1,1-
dimethylethyl 4-[[[[(1,3-dimethyl-5-phenoxy-1H-pyrazol-4-
yl)methylene]amino]oxy]methyl]benzoate, in or on cucumber from 0.10 ppm 
to 0.25 ppm; fruit, citrus, citrus, group 10-10 tolerance at 0.60 ppm; 
vegetable, fruiting, group 8-10 tolerance at 0.20 ppm; and fruit, pome, 
group 11-10 tolerance at 0.40 ppm. An enforcement method has been 
developed which involves extraction of fenpyroximate from crops with 
acetone, filtration, partitioning and cleanup, and analysis by GC using 
a nitrogen/phosphorous detector (NPD). Contact: Sidney Jackson, (703) 
305-7610, e-mail address: jackson.sidney@epa.gov.

New Tolerance Exemption

    PP 0F7747. (EPA-HQ-OPP-2011-0139). Pace Chemicals Ltd., 8321 
Willard St., Burnaby, British Columbia, V3N 2X3, c/o Eliot Harrison, 
Lewis & Harrison LLC, 122 C St. NW., Suite 740, Washington, DC 20001, 
requests to establish an exemption from the requirement of a tolerance 
for residues of the antimicrobial dimethyl didecyl ammonium chloride 
(DDAC), in or on Brassica (broccoli seeds). DDAC was extracted from the 
crop matrix with acetonitrile followed by shaking with steel balls to 
pulverize the plant material. The extract was diluted with acetonitrile 
and centrifuged, then evaporated to 1 milliliter (ml) under a nitrogen 
stream. The extract is analyzed using LC-MS/LC. Contact: Tracy Lantz, 
(703) 308-6415, e-mail address: lantz.tracy@epa.gov.

Amended Tolerance Exemption

    1. PP 1E7893. (EPA-HQ-OPP-2011-0604). Cognis Corporation, c/o Lewis 
& Harrison LLC, 122 C Street, NW., Suite 740, Washington, DC 20001, 
requests to amend an exemption from the requirement of a tolerance in 
40 CFR 180.910 and 40 CFR 180.930 to set maximum use levels of 2-
ethylhexanol (CAS No. 104-76-7) of 20% in pesticide formulations when 
used as a pesticide inert ingredient. The petitioner believes no 
analytical method is needed because this information is not required 
for a tolerance exemption. Contact: John Redden, (703) 305-1969, e-mail 
address: redden.john@epa.gov.
    2. PP 1F7896. (EPA-HQ-OPP-2011-0669). AgraQuest, Inc., 1540 Drew 
Ave., Davis, CA 95618, requests to amend/expand an existing exemption 
from the requirement of a tolerance in 40 CFR 180.1209 by including the 
residues of the microbial pesticide Bacillus subtilis strain QST 713 
variant Soil when used in or on all food commodities. An analytical 
method for detecting Bacillus subtilis strain QST 713 variant Soil is 
not applicable. It is expected that, when used as proposed, Bacillus 
subtilis strain QST 713 variant Soil would not result in residues that 
are of toxicological concern. Contact: Michael Glikes, (703) 305-6231, 
e-mail address: glikes.michael@epa.gov.

[[Page 55332]]

List of Subjects in 40 CFR Part 180

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

    Dated: August 28, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-22845 Filed 9-6-11; 8:45 am]
BILLING CODE 6560-50-P