[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Proposed Rules]
[Pages 69690-69692]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28647]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2011-0082; FRL-9325-1]
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 December 9, 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
email. 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 email
comment directly to 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 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 email 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:
[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 email. 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.
[[Page 69691]]
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 Tolerances
1. PP 1E7908. (EPA-HQ-OPP-2011-0759). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton,
NJ 08540, requests to establish tolerances in 40 CFR part 180 for
residues of the insecticide buprofezin, in or on bean, succulent at
0.02 parts per million (ppm); Brassica, leafy greens, subgroup 5B at 55
ppm; turnip, greens at 55 ppm; vegetable, fruiting, group 8-10 at 3.0
ppm; fruit, citrus, group 10-10 at 2.5 ppm; fruit, pome, group 11-10 at
4.0 ppm; persimmon at 1.9 ppm; and tea at 20 ppm. This summary has been
prepared by Nichino America, Inc., 4550 New Linden Hill Road, Suite
501, Wilmington, DE 91808, the registrant. The proposed analytical
method involves extraction, partition, clean-up and detection of
residues by gas chromatography using nitrogen phosphorous detection
(GC/NPD). Contact: Andrew Ertman, (703) 308-9367, email address:
ertman.andrew@epa.gov.
2. PP 1E7919. (EPA-HQ-OPP-2011-0792). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton,
NJ 08540, requests to establish tolerances in 40 CFR part 180 for
residues of the insecticide acetamiprid, N 1-[(6-chloro-3-
pyridyl)methyl]- N 2-cyano- N 1-methylacetamidine, in or on asparagus
at 0.8 ppm; Brassica, leafy greens, subgroup 5B at 15 ppm; turnip
greens at 15 ppm; corn, sweet, kernel plus cob with husks removed at
0.01 ppm; corn, sweet, forage at 10 ppm; corn, sweet, stover at 30 ppm;
vegetable, fruiting, group 8-10 at 0.20 ppm; fruit, citrus, group 10-10
at 0.50 ppm; fruit, pome, group 11-10 at 1.0 ppm; and Brassica, head
and stem, subgroup 5A at 1.20 ppm. Based upon the metabolism of
acetamiprid in plants and the toxicology of the parent and metabolites,
quantification of the parent acetamiprid is sufficient to determine
toxic residues. As a result a method was developed that involves
extraction of acetamiprid from crop matrices with a solvent followed by
a decantation and filtration and finally analysis by a liquid
chromatography with tandem mass spectrometry (LC/MS/MS) method.
Contact: Laura Nollen, (703) 305-7390, email address:
nollen.laura@epa.gov.
3. PP 1E7911. (EPA-HQ-OPP-2011-0780). Summit Agro North America
Holding Corporation, 600 Third Avenue, New York, NY 10016-2001, c/o
Landis International, Inc., P.O. Box 5126, Valdosta, GA 31603-5126,
requests to establish tolerances in 40 CFR part 180 for residues of the
fungicide triforine, piperazine-1,4-diylbis(2,2,2-trichloroethane-1,1-
diyl)diformamide in or on blueberry at 0.02 ppm; and tomato at 0.5 ppm.
Adequate analytical enforcement methods are available to enforce the
proposed tolerances. Triforine was extracted from blueberries, tomato
and tomato paste with acetone. The final samples were analyzed by LC/
MS/MS for quantitation of triforine. Contact: Heather Garvie, (703)
308-0034, email address: garvie.heather@epa.gov.
4. PP 1F7891. (EPA-HQ-OPP-2011-0717). 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
azoxystrobin, (methyl (E)-2-[2-[6-(2-yanophenoxy) pyrimidin-4-
yloxy]phenyl]-3-methoxyacrylate) and the Z-isomer of azoxystrobin,
(methyl (Z)-2-[2-[6-(2- cyanophenoxy)pyrimidin-4-yloxy]pheny1]-3-
methoxyacrylate), in or on sugarcane at 0.2 ppm. An adequate analytical
method, 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: Shaunta Hill, (703) 347-8961, email address:
hill.shaunta@epa.gov.
5. PP 1F7892. (EPA-HQ-OPP-2011-0772). 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
propiconazole, 1H-1,2,4-Triazole, 1-[[2-(2,4-dichlorophenyl)-4-propyl-
1,3-dioxolan-2-yl]methyl]-, and its metabolites determined as 2,4-
dichlorobenzoic acid and expressed as parent compound, in or on
sugarcane at 1.0 ppm. Analytical methods adequate to determine parent
propiconazole, total propiconazole as 2,4-dichlorobenzoic acid, and the
triazole metabolites (1,2,4-Triazole, Triazole Alanine, and Triazole
Acetic Acid) are available for enforcement purposes with limits of
detection that allow monitoring of food with residues at or above the
levels set
[[Page 69692]]
in this tolerance. Contact: Erin Malone, (703) 347-0253, email address:
malone.erin@epa.gov.
6. PP 1F7905. (EPA-HQ-OPP-2011-0759). Nichino America, Inc., 4550
New Linden Hill Road, Suite 501, Wilmington, DE 91808, requests to
establish a tolerance in 40 CFR part 180 for residues of the
insecticide buprofezin, in or on nut, tree group 14 (including
pistachios) at 0.05 ppm. The proposed analytical method involves
extraction, partition, clean-up and detection of residues by LC/MS/MS.
Contact: Samantha Hulkower, (703) 603-0683, email address:
hulkower.samantha@epa.gov.
Amended Tolerances
1. PP 1E7908. (EPA-HQ-OPP-2011-0759). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton,
NJ 08540, requests to remove the existing tolerances in 40 CFR 180.511
for residues of the insecticide buprofezin, in or on non-bell pepper;
fruiting vegetable group 8, except non-bell pepper; fruit, citrus,
group 10; and fruit, pome, group 11 which will now be covered by the
newly requested tolerances under ``New Tolerances''. This summary has
been prepared by Nichino America, Inc., Wilmington, DE 19808, the
registrant. Contact: Andrew Ertman, (703) 308-9367, email address:
ertman.andrew@epa.gov.
2. PP 1E7919. (EPA-HQ-OPP-2011-0792). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton,
NJ 08540, requests upon approval of the aforementioned tolerances under
``New Tolerances'', to remove the established tolerances in 40 CFR
180.578 for residues of the insecticide acetamiprid, N 1-[(6-chloro-3-
pyridyl)methyl]- N 2-cyano- N 1-methylacetamidine, in or on fruit,
citrus, group 10 at 0.50 ppm; fruit, pome, group 11 at 1.0 ppm;
vegetable, fruiting, group 8 at 0.20 ppm; and vegetable, Brassica,
leafy, group 5 at 1.20 ppm. The fruit, citrus, group 10; fruit, pome,
group 11; and vegetable, fruiting, group 8 tolerances will be
superseded by the updated crop group tolerances. The vegetable,
Brassica, leafy group 5 tolerance will be superseded by the Brassica,
leafy greens, subgroup 5B and Brassica, head and stem, subgroup 5A
tolerances. Contact: Laura Nollen, (703) 305-7390, email address:
nollen.laura@epa.gov.
New Tolerance Exemption
PP 1E7918. (EPA-HQ-OPP-2011-0829). United Phosphorus, Inc., 630
Freedom Business Center, Suite 402, King of Prussia, PA 19406, requests
to establish an exemption from the requirement of a tolerance in 40 CFR
180.1195 for residues of titanium dioxide (CAS No. 13463-67-7) in or on
growing crops when used as a pesticide inert ingredient ultraviolet
(UV) protectant in herbicide formulations at no more than 5 percent by
weight of the formulation. The petition proposes to establish
exemptions from the requirement of a tolerance and no analytical method
is generally required for the establishment of a tolerance exemption.
Contact: David Lieu, (703) 305-0079, email address: lieu.david@epa.gov.
List of Subjects
Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.
Dated: October 18, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-28647 Filed 11-8-11; 8:45 am]
BILLING CODE 6560-50-P