[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Proposed Rules]
[Pages 66781-66783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27193]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 174 and 180
[EPA-HQ-OPP-2012-0001; FRL-9367-5]
Notice of Filing 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 7, 2012.
ADDRESSES: Submit your comments, identified by docket identification
(ID)
[[Page 66782]]
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 online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.
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
Biopesticides and Pollution Prevention Division (BPPD) (7511P) or
Registration Division (RD) (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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
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.
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 and 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 online 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 2E8064. (EPA-HQ-OPP-2012-0635) Interregional Research Project
Number 4 (IR-4), 500 College Rd. East, Suite 201W., Princeton, NJ
08540, requests to establish tolerances in 40 CFR part 180 for residues
of the insecticide chlorantraniliprole, 3-bromo-N-[4-chloro-2-methyl-6-
[(methylamino)carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-pyrazole-5-
carboxamide, in or on grain, cereal, group 15, except rice at 6.0 parts
per million (ppm); grain, cereal, forage, fodder and straw, group 16 at
30.0 ppm; fruit, citrus, group 10-10 at 1.4 ppm; and fruit, pome, group
11-10 at 1.2
[[Page 66783]]
ppm. Adequate enforcement methodology (liquid chromatography/mass
spectrometry/mass spectrometry--(LC/MS/MS)) is available to enforce the
tolerance expression. Contact: Sidney Jackson, RD, (703) 305-7610,
email address: jackson.sidney@epa.gov.
2. PP 2E8065. (EPA-HQ-OPP-2012-0775) BASF Corporation, 26 Davis
Dr., P.O. Box 13528, Research Triangle Park, NC 27709-3528, requests to
establish tolerances in 40 CFR part 180 for residues of the herbicide
for the combined residues of 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'-isopropylsulfamide and N-[4-chloro-2-
fluoro-5-({[(isopropylamino)sulfonyl]amino carbonyl)phenyl]urea,
calculated as the stoichiometric equivalent of saflufenacil, in or on
sugarcane, cane at 0.03 ppm; sugarcane, molasses at 0.075 ppm; and
sugarcane, refined sugar at 0.045 ppm . Adequate enforcement
methodology (LC/MS/MS methods D0603/02 (plants) and L0073/01
(livestock)) is available to enforce the tolerance expression. Contact:
Bethany Benbow, RD, (703) 347-8072, email address:
benbow.bethany@epa.gov.
3. PP 2E8072. (EPA-HQ-OPP-2012-0716) IR-4, 500 College Rd. East,
Suite 201W., Princeton, NJ 08540, requests to establish tolerances in
40 CFR part 180 for 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 fruit, stone, group 12-12 at 2.0
ppm; fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-
07F at 1.0 ppm; and vegetable, tuberous and corm, subgroup 1C at 0.1
ppm. An enforcement method has been developed which involves extraction
of fenpyroximate from crops with ethyl acetate in the presence of
anhydrous sodium sulfate, dilution with methanol, and then analysis by
high performance liquid chromatography (HPLC) using tandem mass
spectrometric detection (HPLC/MS/MS). This is a new enforcement method.
Contact: Sidney Jackson, RD, (703) 305-7610, email address:
jackson.sidney@epa.gov.
4. PP 2E8083. (EPA-HQ-OPP-2012-0791) IR-4, 500 College Rd. East,
Suite 201W., Princeton, NJ 08540, requests to establish tolerances in
40 CFR part 180 for residues of the herbicide linuron, (3-(3,4-
dichlorophenyl)-1-methoxy-1-methylurea) and its metabolites convertible
to 3,4-dichloroaniline, calculated as linuron, in or on; cilantro,
dried leaves at 27 ppm; cilantro, fresh leaves at 3 ppm; dillweed,
dried leaves at 7.1 ppm; dillweed, fresh leaves at 1.5 ppm; dill oil at
4.8 ppm; dill seed at 0.3 ppm; horseradish at 0.050 ppm; parsley, dried
leaves at 8.3 ppm; parsley leaves at 3 ppm; and pea, dry, seed at 0.08
ppm. Adequate enforcement methods (gas chromatography/mass selective
detection (GC/MSD)) are available for the determination of linuron in
plant and animal commodities. A second method involves using reversed
phase HPLC with MS/MS detection. Contact: Laura Nollen, RD, (703) 305-
7390, email address: nollen.laura@epa.gov.
Amended Tolerance
1. PP 2E8064. (EPA-HQ-OPP-2012-0635) IR-4, 500 College Rd. East,
Suite 201W., Princeton, NJ 08540, requests to concurrently delete the
tolerances in 40 CFR 180.628 for residues of the insecticide
chlorantraniliprole, 3-bromo-N-[4-chloro-2-methyl-6-
[(methylamino)carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-pyrazole-5-
carboxamide, in or on mayhaw; corn, field, forage; corn, field, grain;
corn, field, milled byproducts; corn, field, stover; corn, pop, forage;
corn, pop, grain; corn, pop, stover; corn, sweet, forage; corn, sweet,
kernel plus cobs with husk removed; corn, sweet, stover; fruit, citrus,
group 10; and fruit, pome, group 11 upon approval of the tolerances
listed under ``New Tolerance'' for PP 2E8064. Contact: Sidney Jackson,
RD, (703) 305-7610, email address: jackson.sidney@epa.gov.
2. PP 2E8083. (EPA-HQ-OPP-2012-0791) IR-4, 500 College Rd. East,
Suite 201W., Princeton, NJ 08540, requests to delete the regional
tolerance in 40 CFR 180.184(c) for residues of the herbicide linuron,
(3-(3,4-dichlorophenyl)-1-methoxy-1-methylurea) and its metabolites
convertible to 3,4-dichloroaniline, calculated as linuron, in or on
parsley, leaves at 0.25 ppm upon approval of the tolerances listed
under ``New Tolerance'' for PP 2E8083. Contact: Laura Nollen, RD, (703)
305-7390, email address: nollen.laura@epa.gov.
New Tolerance Exemption
PP 2E8059. (EPA-HQ-OPP-2012-0795) Pioneer Hi-Bred International,
Inc. (DuPont Pioneer), 7100 NW 62nd Avenue, P.O. Box 1000, Johnston, IA
50131, requests to establish an exemption from the requirement of a
tolerance for residues of the Glycine max herbicide-resistant
acetolactate synthase (GM-HRA) enzyme when used as an inert ingredient
as part of a plant-incorporated (PIP) in or on the food and feed
commodities of soybean. The petitioner believes no analytical method is
needed because an exemption from the requirement of a tolerance without
numerical limitation is requested for GM-HRA enzyme as expressed in
soybean. Contact: Susanne Cerrelli, BBPD, (703) 308-8077, email
address: cerrelli.susanne@epa.gov.
List of Subjects
Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.
Dated: October 26, 2012.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2012-27193 Filed 11-6-12; 8:45 am]
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