[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Proposed Rules]
[Pages 56185-56188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22218]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2013-0023; FRL-9399-7]
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.
-----------------------------------------------------------------------
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 15, 2013.
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 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.html.
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: Robert McNally, Biopesticides and
Pollution Prevention Division (BPPD) (7511P), telephone number: (703)
305-7090, email address: [email protected]; or Lois Rossi,
Registration Division (RD) (7505P), telephone number: (703) 305-7090,
email address: [email protected]. The mailing address for each
contact person is: Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001. As part of the mailing address, include the contact person's
name, division, and mail code. The division to contact is listed at the
end of each pesticide petition summary.
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 division
[[Page 56186]]
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 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 2F8015. (EPA-HQ-OPP-2012-0515). Chemtura Corporation, 199
Benson Road, Middlebury, CT 06749, requests to establish tolerances in
40 CFR part 180 for residues of the insecticide diflubenzuron, N-[[(4-
chlorophenyl)amino]-carbonyl]-2,6-difluorobenzamide (DFB) and its
metabolites 4-chlorophenylurea (CPU) and 4-chloroaniline (PCA), in or
on Fruit, citrus, Group 10-10 at 3.0 parts per million (ppm), and
citrus, oil at 32.0 ppm. Residues of the individual analytes are
detectable and quantifiable using three separate analytical methods.
Residues of diflubenzuron (DFB) were quantitated by liquid
chromatography/tandem mass spectrometry (LC-MS/MS), and residues of the
metabolites 4-chlorophenylurea (CPU) and 4-chloroaniline (PCA) were
derivatized with HFBA and quantitated by GC/MS. (RD)
2. PP 2F8099. (EPA-HQ-OPP-2012-0941). Valent U.S.A. Corporation,
1600 Riviera Avenue, Suite 200, Walnut Creek, CA 94596, requests to
establish tolerances in 40 CFR part 180 for inadvertent residues of the
fungicide fluopicolide, 2,6-dichloro-N-[3-chloro-5-(trifluoromethyl)-2-
pyridylmethyl]-benzamide, as an indicator of combined residues of
fluopicolide and its metabolite, 2,6-dichlorobenzamide (BAM), in or on
corn, field, forage at 0.09 ppm; corn, field, grain, at 0.01 ppm; and
corn, field, stover at 0.3 ppm, resulting from the proposed use as a
fungicide. Additional data included in the petition, to assess
potential dietary exposure from P1x and PCA, show no inadvertent
residues of P1x or PCA in the corn grain. Practical analytical methods
for detecting and measuring levels of fluopicolide and its metabolites
have been developed and validated in/on all appropriate plant and
animal matrices. An analytical method for detecting fluopicolide and
BAM in field corn matrices has been submitted with this petition. (RD)
3. PP 3E8175. (EPA-HQ-OPP-2013-0428). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W.,
Princeton, NJ 08540, supported in this action by 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
insecticide, avermectin (abamectin) determined by measuring only
avermectin B1, a mixture of avermectins containing greater
than or equal to 80% avermectin B1a (5- O -demethyl
avermectin A1) and less than or equal to 20% avermectin
B1b (5- O -demethyl-25-de(1-methylpropyl)-25-(1-methylethyl)
avermectin A1), and its delta-8,9-isomer in or on Caneberry
subgroup 13-07A at 0.20 ppm. The analytical methods involve
homogenization, filtration, partition, and cleanup with analysis by
high performance liquid chromatography (HPLC)-fluorescence detection.
The methods are sufficiently sensitive to detect residues at or above
the proposed tolerance. All methods have undergone independent
laboratory validation. (RD)
4. PP 3E8183. (EPA-HQ-OPP-2013-0496). Interregional Research
Project
[[Page 56187]]
Number 4 (IR-4), 500 College Road East, Suite 201 W., Princeton, NJ
08540, requests to establish a tolerance in 40 CFR part 180 for the
combined residues of the fungicide, cis- and trans-1,3-dichloropropene,
including its metabolites and degradates, in or on pineapple at 0.02
ppm. It is proposed that compliance with the tolerance levels specified
in Sec. 180.636 is to be determined by measuring cis- and trans-1,3-
dichloropropene and its metabolites cis- and trans-3-chloroacrylic
acid, and cis-and trans-3-chloroallylalcohol, in or on the commodity.
The proposed tolerances are to support post plant use in pineapple,
similar to the established drip irrigation use of 1,3-dichloropropene
in grapes. Adequate enforcement methodology, using capillary gas
chromatography with mass selective detection (GC/MS), is available to
enforce the tolerance expression. Analytical methods determine residues
of 1,3-dichlorpropene, 3-chloroallyl alcohol, and 3-chloroacrylic acid
at trace concentrations in samples of pineapple using GC/MS. (RD)
5. PP 3F8163. (EPA-HQ-OPP-2013-0255). BASF Corporation, 26 Davis
Drive, Research Triangle Park, NC 27709, requests to establish a
tolerance in 40 CFR part 180 for residues of the fungicide metrafenone,
((3-bromo-6-methoxy-2-methylphenyl) (2,3,4-trimethoxy-6-
methylphenyl)methanone), in or on Fruits, pome, group 11-10 at 1.5 ppm.
The residues of parent metrafenone in/on apple and pear RAC samples
were quantitated using an LC/MS/MS multi-residue QuEChERS method (BASF
Study No. 398340). (RD)
6. PP 3F8184. (EPA-HQ-OPP-2013-0428). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish
tolerances in 40 CFR part 180 for residues of the insecticide,
avermectin B1 (which is a mixture of a minimum of 80%
avermectin B1a and a maximum of 20% avermectin
B1b) and the delta 8,9-isomer of the B1a and of
the B1b components of the parent insecticide, in or on corn,
field, sweet and pop at 0.01 ppm; corn, field and pop, forage at 0.2
ppm; corn, field and pop, grain at 0.01 ppm; corn, field and pop,
stover at 0.6 ppm; corn, sweet, forage at 0.2 ppm; corn, sweet, kernel
plus cob with husk removed at 0.01 ppm; corn, sweet, stover at 0.5 ppm;
soybean at 0.01 ppm; soybean forage at 0.3 ppm; soybean, hay at 1 ppm;
and soybean, seed at 0.01 ppm. The HPLC-fluorescence detection method
is used to measure and evaluate the chemical abamectin. (RD)
New Tolerance Exemption
1. PP 2F8103. (EPA-HQ-OPP-2013-0569). Northwest Agricultural
Products, 821 South Chestnut Avenue, Pasco, WA 99301, requests to
establish an exemption from the requirement of a tolerance for residues
of the herbicide, Pseudomonas fluorescens strain D7, in or on growing
crops and rangeland. The petitioner believes no analytical method is
needed because an analytical method for residues is not applicable, as
Northwest Agricultural Products is proposing an exemption from the
requirement of a tolerance. (BPPD)
2. PP 3F8177. (EPA-HQ-OPP-2013-0574). Amy Plato Roberts of
Technology Science Group, Inc., 712 Fifth St., Suite A, Davis, CA 95616
on behalf of IAB, S.L. (Investigaciones y Aplicaciones Biotecnologicas
S.L.), Avda. Paret del Patriarca 11-B, Ap. 30, 46113 Moncada
(Valencia), Spain, requests to establish an exemption from the
requirement of a tolerance for residues of the fungicide, Bacillus
subtilis strain IAB/BS03, in or on all food commodities. The petitioner
believes no analytical method is needed because it is expected that,
when used as proposed, Bacillus subtilis strain IAB/BS03, would not
result in residues that are of toxicological concern. (BPPD)
3. PP IN-10549. (EPA-HQ-OPP-2013-0601). Ecolab, Inc., EPA Company
Number 1677, 370 N. Wabasha Street, St. Paul, MN 55102, requests to
establish an exemption from the requirement of a tolerance for residues
of 9-octadecenoic acid (9Z)-, sulfonated, oxidized (CAS No. 1315321-93-
7) (when formed using the pre-reaction material 9-octadecenoic acid
(9Z)- sulfonated, (CAS No. 68988-76-1)); 9-octadecenoic acid (9Z)-,
sulfonated, oxidized, potassium salts (CAS No. 1315321-94-8) (when
formed using the pre-reaction material 9-octadecenoic acid (9Z-)
sulfonated, potassium salt (CAS No. 68609-93-8)); and 9-octadecenoic
acid (9Z)-, sulfonated, oxidized, sodium salts, (CAS No. 1315321-95-9)
(when formed using the pre-reaction material 9-octadecenoic acid (9Z)-,
sulfonated, sodium salt (CAS No. 68443-05-0)) (also referred to as
peroxy sulfonated oleic acids (PSOA)) for use as an inert ingredient in
antimicrobial pesticide formulations applied to food-contact surfaces
in public eating places, dairy processing equipment and food processing
equipment and utensils in accordance with 40 CFR 180.940(a) at 250 ppm.
The petitioner believes no analytical method is needed because it is
not required for the establishment of a tolerance exemption for inert
ingredients. (RD)
4. PP IN-10605. (EPA-HQ-OPP-2013-0525). Huntsman Corp., 8600
Gosling Rd., The Woodlands, TX 77381, requests to establish an
exemption from the requirement of a tolerance for residues of tall oil,
polymer with polyethylene glycol and succinic anhydride
monopolyisobutylene derivs., minimum number average molecular weight
(in amu), 1,400; (CAS No. 1398573-80-2) under 40 CFR 180.960 when used
as a pesticide inert ingredient surfactant in food use pesticide
formulations. The petitioner believes no analytical method is needed
because this information is not required for the establishment of a
tolerance exemption. (RD)
5. PP IN-10606. (EPA-HQ-OPP-2013-0526). Huntsman Corp., 8600
Gosling Rd., The Woodlands, TX 77381, requests to establish an
exemption from the requirement of a tolerance for residues of
octadecanoic acid, 12-hydroxy-, homopolymer, ester with 2-methyloxirane
polymer with oxirane monobutyl ether, minimum number average molecular
weight (in amu), 1,900; (CAS No. 1373125-59-7) under 40 CFR 180.960
when used as a pesticide inert ingredient surfactant in food use
pesticide formulations. The petitioner believes no analytical method is
needed because this information is not required for the establishment
of a tolerance exemption. (RD)
6. PP IN-10607. (EPA-HQ-OPP-2013-0540). Huntsman Corp., 8600
Gosling Rd., The Woodlands, TX 77381, requests to establish an
exemption from the requirement of a tolerance for residues of 2,5-
furandione, polymer with ethenylbenzene, reaction products with
polyethylene-polypropylene glycol 2-aminopropyl Me ether, minimum
number average molecular weight (in amu), 10,000 (CAS No.162568-32-3)
under 40 CFR 180.960 when used as a pesticide inert ingredient
surfactant in food use pesticide formulations without limit. The
petitioner believes no analytical method is needed because this
information is not required for the establishment of a tolerance
exemption. (RD)
Amended Tolerance
PP IN-10544. (EPA-HQ-OPP-2013-0210). Spring Trading Company, 10805
W. Timberwagon Cir., Spring, TX 77380-4030, on behalf of Akzo Nobel
Surface Chemistry, LLC; 525 West Van Buren, Chicago, IL 60607-3823, is
requesting a change in the 40 CFR sections under which the requested
tolerance exemptions would be established from 180.920, 180.930, or
180.960 to 180.910, 180.930, 180.940(a) or 180.960. Their initial
Notice of Filing
[[Page 56188]]
(NOF) published in the Federal Register of July 19, 2013 (78 FR 43115)
(FRL-9392-9), where EPA issued a notice pursuant to section 408 of
FFDCA, 21 U.S.C. 346a, announcing the filing of a pesticide petition
(IN-10544). The petitioner is now requesting, pursuant to section
408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C.
346a(d), to amend 40 CFR part 180 to revise the exemption from the
requirement of tolerances for [alpha]-alkyl-[omega]-hydroxypoly
(oxypropylene) and/or poly (oxyethylene) polymers where the alkyl chain
contains a minimum of six carbons under 40 CFR 180.910, 180.930,
180.940(a), or 180.960 in or on the raw agricultural commodities after
harvest or growing crops, animals and food contact surface sanitizing
solutions and [alpha]-alkyl-[omega]-hydroxypoly (oxypropylene) and/or
poly (oxyethylene) polymers where the alkyl chain contains a minimum of
six carbons, minimum number average molecular weight (in amu) 1,100
under 40 CFR 180.960, when used as a pesticide inert ingredient in
pesticide formulations, to include the following Chemical Abstract
Service Registry Numbers (CAS Reg. Nos.): 67254-71-1; 161025-22-5;
68409-59-6; 160901-20-2; 159653-49-3; 160901-19-9; 103331-86-8; 126950-
62-7; 74499-34-6; 161025-21-4; 176022-76-7; 68603-20-3; 68526-95-4;
64425-86-1; 139626-71-4; 152231-44-2; 120944-68-5; 157707-41-0; 288260-
45-7; 287935-46-0; 126646-02-4; 954108-36-2; 71011-10-4; 121617-09-2;
69227-20-9; 116810-32-3; 79771-03-2; 67763-08-0; 68439-48-5; 72066-65-
0; 68991-48-0; 303176-75-2; 116810-33-4; 157707-43-2; 68954-94-9;
160901-09-7; 102782-43-4; 68920-69-4; 154518-36-2; 157627-88-8; 68439-
53-2; 103819-03-0; 70955-07-6; 74432-13-6; 68439-30-5; 9038-29-3;
68238-81-3; 68409-58-5; 68238-82-4; 37311-00-5; 37311-01-6; 52232-09-4;
73018-31-2; 9038-43-1; 63303-01-5; 37311-04-9; 65150-81-4; 63658-45-7;
139381-39-8; 72484-69-6; 59112-62-8; 50861-66-0; 103657-84-7; 103657-
85-8; 67784-96-7; 25190-05-0; 26636-39-5; 64415-24-3; 65104-72-5; 9040-
05-5; 27252-75-1; 64415-25-4; 9035-85-2; 72108-90-8; 25231-21-4; 62648-
50-4; 63793-60-2; 63303-00-4; 57455-38-6; 57497-74-2; 70955-69-0;
26401-47-8; 39278-93-8; 9004-87-9; 68987-90-6; 26403-74-7; 9046-09-7;
and 288095-59-0. The petitioner does not expect that the addition of
these CAS numbers to result in additional exposure or risk. An
analytical method is not required for enforcement purposes since the
Agency is establishing an exemption from the requirement of tolerances
without any numerical limitation. (RD)
List of Subjects
Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.
Dated: September 5, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2013-22218 Filed 9-11-13; 8:45 am]
BILLING CODE 6560-50-P