[Federal Register Volume 60, Number 220 (Wednesday, November 15, 1995)]
[Notices]
[Pages 57419-57422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28071]



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ENVIRONMENTAL PROTECTION AGENCY
[PF-631; FRL-4971-5]


Pesticide Tolerance Petitions; Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces initial filings, amendments, and 
withdrawal of pesticide petitions (PP) and food and feed additive 
petitions (FAP) proposing the establishment of regulations for residues 
of certain pesticide chemicals in or on various agricultural 
commodities.

ADDRESSES: By mail, submit written comments to: Public Response and 
Program Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. In person, bring comments to: Rm. 1132, CM #2, 
1921 Jefferson Davis Hwy., Arlington, VA 22202.
    Information submitted as a comment concerning this notice may be 
claimed confidential by marking any part or all of that information as 
``Confidential Business Information'' (CBI). Information so marked will 
not be disclosed except in accordance with procedures set forth in 40 
CFR part 2. A copy of the comment that does not contain CBI must be 
submitted for inclusion in the public record. Information not marked 
confidential may be disclosed publicly by EPA without prior notice. All 
written comments will be available for public inspection in Rm. 1132 at 
the address given above, from 8 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect in 5.1 file format or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number [PF-631]. No Confidential Business Information (CBI) 
should be submitted 

[[Page 57420]]
through e-mail. Electronic comments on this document may be filed 
online at many Federal Depository Libraries. Additional information on 
electronic submissions can be found below in this document.

FOR FURTHER INFORMATION CONTACT: By mail: Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. In person, contact the PM named 
in each petition at the following office location/telephone number:

------------------------------------------------------------------------
                               Office location/                         
       Product Manager         telephone number/         Address        
                                    e-mail                              
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Rick Keigwin, Jr. (PM 10)....  Rm. 210, CM #2,   1921 Jefferson Davis   
                                703-305-6788; e-  Hwy., Arlington, VA.  
                                mail: keigwin.                          
                                richard@epamail                         
                                .epa.gov..                              
George LaRocca (PM 13).......  Rm. 204, CM #2,   Do.                    
                                703-305-6100; e-                        
                                mail: larocca.                          
                                george@epamail.
epa.gov..                               
Connie Welch (PM 21).........  Rm. 227, CM #2,   Do.                    
                                703-305-6226; e-                        
                                mail:                                   
                                welch.connie@
epamail.epa.gov                         
                                ..                                      
Theresa A. Stowe (Acting PM    Rm. 261, CM #2,   Do.                    
 22).                           703-305-6117; e-                        
                                mail:                                   
                                stowe.theresa@
epamail.epa.gov                         
                                ..                                      
Joanne Miller (PM 23)........  Rm. 237, CM #2,   Do.                    
                                703-305-7830; e-                        
                                mail:                                   
                                miller.joanne@
epamail.epa.gov                         
                                ..                                      
Rita Kumar...................  5th Floor, CS     2800 Jefferson Davis   
                                #1, 703-308-      Hwy., Arlington, VA.  
                                8709; e-mail:                           
                                kumar.rita@
epamail.epa.gov                         
                                ..                                      
Denise Greenway..............  5th Floor, CS     Do.                    
                                #1, 703-308-                            
                                8263; e-mail:                           
                                greenway.denise                         
                                @epamail.epa.go                         
                                v..                                     
------------------------------------------------------------------------

SUPPLEMENTARY INFORMATION: EPA has received pesticide petitions and 
food/feed additive petitions as follows proposing the amendment of 
regulations for residues of certain pesticide chemicals in or on 
various agricultural commodities.

Initial Filings

    1. PP 5E4435. Nihon Nohyaku Co., Ltd., 2-5 Nihonsbashi 1-Chome, 
Chuo-ku, Tokyo 103, Japan, has submitted the petition proposing to 
establish a new tolerance in 40 CFR part 180 permitting residues of the 
miticide fenpyroximate (t-butyl (E)-alpha (1,3-dimethyl-5-phenoxy-
pyrazol-4-ylmethyleneamino-oxy-p-toluate) (CAS 134098-61-6) and its 
metabolites (z-isomer and demethyl fenpyroximate) in or on wine grapes 
at 1 part per million (ppm), green hops at 4 ppm, and dried hops at 7 
ppm. (PM 10)
    2. PP 5E4504. DuPont Agricultural Products, Walker's Mill, Barley 
Mill Plaza, P.O. Box 80038, Wilmington, DE 19880-0038, proposes 
amending 40 CFR part 180 by establishing import tolerances for 
cymoxanil, (E)-2-cyano-N-[(ethylamino) carbonyl)]-2-(methoxyimino) 
acetamide, in or on the raw agricultural commodities grapes at 0.1 ppm 
and tomatoes at 0.1 ppm. The proposed analytical method for determining 
residues is gas chromatography with a nitrogen phosphorus detector. (PM 
21)
    3. PP 5E4524. F. Russel Cook Associates, REDA Bldg., Suite 217, 401 
S.E. Dewey, Bartlesville, OK 74005, has submitted a petition on behalf 
of Biosys (formerly AgriSense) to amend 40 CFR part 180 to establish a 
generic exemption from the requirement of a tolerance for acrylate 
polymers and copolymers which fit the Toxic Substances Control Act 
definition of polymers which are intrinsically safe. (Rita Kumar)
    4. PP 4F4393. Plant BioTech, Inc., 702 Coronado Rd., Corrales, NM 
87048, has submitted the petition proposing that 40 CFR 180.1042 be 
amended to establish an exemption from the requirement of a tolerance 
for the plant regulator aqueous extract of seaweed meal in or on all 
fruits, berries, nuts, vegetables, and grains. (Denise Greenway)
    5. PP 5F4475. Bayer Corp., 8400 Hawthorn Rd., P.O. Box 4913, Kansas 
City, MO 64120-0013, has submitted the petition proposing that 40 CFR 
180.436 be amended to establish a tolerance for cyfluthrin, cyano (4-
fluoro-3-phenoxyphenyl) methyl 3-(2,2-dichloroethylnyl)-2,2-dimethyl 
cyclo-propancecarboxylate, in or on corn, rice, and wheat grains at 2 
parts per million (ppm), sorghum grain at 4 ppm, aspirated grain 
fractions at 300 ppm, cattle fat at 6 ppm, and milk fat at 20 ppm 
resulting from the postharvest treatment of stored grain and grain 
storage structures (PM 13).
    6. PP 5F4498. Ciba Crop Protection, Ciba-Geigy Corp., P.O. Box 
18300, Greensboro, NC 27419-8300, has submitted the petition proposing 
that 40 CFR 180.434 be amended by establishing inadvertent/rotational 
crop tolerances for residues of the fungicide 1-[[2-(2,4-
dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole 
and its metaboltes determined as 2,4-dichlorobenzoic acid and expressed 
as parent compound equivalent in or on the following raw agricultural 
commodities: grain sorghum, grain at 0.2 ppm; grain sorghum, forage at 
0.3 ppm; grain sorghum, fodder (stover) at 0.3 ppm; alfalfa, forage at 
0.1 ppm; alfalfa, hay at 0.1 ppm. The proposed analytical method for 
determining residues is AG-454A. (PM 21)
    7. PP 5F4537. Sandoz Agro, Inc., 1300 East Touhy Ave., Des Plaines, 
IL 60018, proposes to amend 40 CFR part 180 by establishing a 
regulation to permit residues of the fungicide cyproconazole, 2-(4-
chlorophenyl)-3-cyclopropyl-1-,2,4-triazole-1-yl)butan-2-ol, in or on 
the raw agricultural commodities banana (pulp) at 0.01 ppm, wheat grain 
at 0.02 ppm, wheat straw at 2.0 ppm, peanut nutmeat at 0.02 ppm, peanut 
hulls at 0.5 ppm, and liver of beef cattle at 0.2 ppm. (PM 21)
    8. PP 5F4549. Sandoz Agro, Inc., 1300 E. Touhy Ave., Des Plaines, 
IL 60018, has submitted the petition proposing to amend 40 CFR 180.464 
to establish 

[[Page 57421]]
tolerances for residues of the herbicide dimethenamid, 2-chloro-N-[(1-
methyl-2-methoxy)ethyl]-N-(2,4-dimethyl-thien-3-yl)-acetamide, in or on 
the following commodities: grain sorghum, sorghum forage, and sorghum 
fodder at 0.01 ppm, dry bean seed and dry bean straw/hay at 0.01 ppm, 
sweet corn (kernel plus cob with husk removed), sweet corn forage, 
sweet corn dry grain, and sweet corn fodder (stover) at 0.01 ppm, and 
peanut nutmeat, peanut forage, peanut hay, and peanut hulls at 0.02 
ppm. The proposed analytical method for determining residues is by gas 
chromatography. (PM 22)
    9. PP 5F4556. Bayer Corp., P.O. Box 4913, Kansas City, MO 64120-
0013, proposes amending 40 CFR 180.349 to establish tolerances for 
ethyl 3-methyl-4-(methylthio) phenyl (1-methylethyl) phosphoramidate in 
or on almonds at 0.3 ppm, almond hulls at 0.4 ppm, and pecans at 3.5 
ppm. The proposed method for determining residues is gas chromatography 
procedure using a flame ionization detector. (PM 22)
    10. PP 5F4558. ISK Biosciences Corp., 5966 Heisly Rd., P.O. Box 
8000, Mentor, OH 44061-8000, has submitted the petition proposing that 
40 CFR 180.275 be amended by establishing tolerances for residues of 
chlorothalonil (tetrachlorisophthalonitrile) and its metabolites 4-
hydroxy-2,4,6-trichloroisophthalonitrile in or on almonds, nutmeat at 
0.05 ppm and almonds, hulls at 1.0 ppm. (PM 22)
    11. PP 5F4561. The Ziram Task Force, consisting of NPC, Inc., 22636 
Glenn Drive, Suite 304, Sterling, VA 20164, Elf Atochem North America, 
Inc., Agrichemicals Div., 21st Floor, 2000 Market St., Philadelphia, PA 
19103-3222, and UCB Chemicals Corp., 2000 Lake Park Drive, Smyrna, GA 
30080, has submitted the petition proposing for the fungicide ziram 
(zinc dimethyldithiocarbamate), calculated as zinc 
ethylenebisdithiocarbamate, to amend 40 CFR 180.116 to add a new 
tolerance for almond hulls at 20 ppm and amend the existing tolerance 
for apricots from 7.0 ppm to 20 ppm. (PM 23)
    12. FAP 5H5717. Bayer Corp. has submitted the petition proposing 
that 40 CFR 185.1250 and 186.1250 be amended to establish a tolerance 
for cyfluthrin in or on corn starch and wheat bran at 3 ppm; corn flour 
at 4 ppm; corn, refined oil (wet milling) at 12 ppm; corn, refined oil 
(dry milling) at 15 ppm; corn, milled byproducts at 4 ppm; rice, hulls 
at 9 ppm and wheat, milled byproducts at 3 ppm, resulting from the 
postharvest treatment of stored grain and grain storeage structures.
    According to the petition, the toxicology data required to 
establish cyfluthrin tolerances have been previously submitted to and 
accepted by the Agency. Cyfluthrin tolerances have been established for 
raw agricultural commodities listed in 40 CFR 180.436, in or on various 
food commodities listed in 40 CFR 185.1250, and in or on various feed 
commodities listed in 40 CFR 186.1250. Additional toxicology data 
requested have been comitted to and submitssion dates are proposed. 
Previously submitted residue chemistry data are cited and also included 
are magnitude of the residues in the raw agricultural commodities and 
processed commodities data to support these tolerances. Discussions 
regarding potential secondary residues in livestock commodities as a 
result of primary residues on various feestocks are included with this 
submission. These discussions provide the support for the tolerances 
proposed for beef fat and milkfat (as a component of whole milk). The 
toxicological and metabolism data and analytical methods for 
enforcement purposes in support of these tolerances are discussed in 
detain in related documents published in the Federal Register of July 
28, 1995 (60 FR 33360).
    The tolerances for cyfluthrin proposed in the petition are based on 
the postharvest treatment of stored grains and grain storage structures 
to control stored grain pests.
    An estimation of the resulting dietary exposure of cyfluthrin from 
the establishment of the tolerances proposed is included with this 
petition. Based on these assumptions the addition of the tolerances 
associated with the use of cyfluthtrin proposed in the petition is 
estimated to result in an increase in dietary exposure to residues of 
cyfluthrin such that total dietary exposure to cyfluthrin is still 
below the RfD. (PM 13)

Amended Filings

    13. PP 0F3915 EPA gave notice in the Federal Register of May 29, 
1991 (56 FR 24189), that Mobay Corp., P.O. Box 4913, Kansas City, MO 
64120-0013, had requested that 40 CFR part 180 be amended to establish 
tolerances for ethyl 3-methyl-4-(methylthio) phenyl (1-methylethyl) 
phosphoramidate in or on almonds at 0.3 ppm, almond hulls at 0.4 ppm, 
pecans at 3.5 ppm, plums at 0.02 ppm, and walnuts at 0.4 ppm. Bayer 
Corp. (previously Mobay Corp.) has amended the petition by withdrawing 
the request for almonds at 0.3 ppm, almond hulls at 0.4 ppm, and pecans 
at 3.5 ppm. (PM 22)
    14. PP 2F4086. In a notice published in the Federal Register of 
June 10, 1992 (57 FR 24645), and amended in the Federal Register of 
June 15, 1995 (60 FR 31465), it was announced that Ciba Crop Protction, 
Ciba-Geigy Corp., P.O. Box 18300, Greensboro, NC 27419-8300, had 
submitted PP 2F4086 proposing that 40 CFR 180.434 be amended to 
establish tolerances for the fungicide 1-[[2-(2,4-dichlorophenyl)-4-
propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole and its metabolites 
determined as 2,4-dichlorobenzoic acid and expressed as parent compound 
equivalent in or on oat grain at 0.1 ppm, oat straw at 0.1 ppm, and oat 
forage at 10 ppm. Ciba has further amended the petition to propose 
establishing tolerances for the fungicide propiconazole in or on oat 
grain at 0.1 ppm, oat straw at 1.0 ppm, oat forage at 10.0 ppm, and oat 
hay at 30.0 ppm. (PM 21)
    15. PP 4F4321. In a notice published in the Federal Register of 
November 2, 1994 (59 FR 54906), it was announced that Ciba Crop 
Protction, Ciba-Geigy Corp., P.O. Box 18300, Greensboro, NC 27419-8300, 
had submitted PP 4F4321 proposing that 40 CFR 180.434 be amended to 
establish a tolerance for the fungicide 1-[[2-(2,4-dichlorophenyl)-4-
propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole and its metabolites 
determined as 2,4-dichlorobenzic acid and expressed as parent compound 
equivalent in or on stone fruit crop grouping at 1.0 ppm. Ciba has 
submitted an amended petition proposing to establish a tolerance for 
propiconazole in or on stone fruit crop grouping at 1.5 ppm. (PM 21)
    16. PP 8F3600. DowElanco, 9330 Zionsville Rd., Indianapolis, IN 
46268-1054, has submitted an amended petition proposing to amend 40 CFR 
180.431 by revising tolerances for the residues of the herbicide 
clopyralid (3,6-dichloro-2-pyridinecarboxylic acid) in or on sugarbeet 
roots from 0.5 ppm to 1.0 ppm and sugarbeet tops from 0.5 ppm to 1.0 
ppm. The original notice of filing for this petition appeared in the 
Federal Register of May 27, 1992 (57 FR 22231). The proposed analytical 
method for determining residues is gas chromatography with electron 
capture detection. (PM 23)
    17. PP 8H5551. DowElanco, 9330 Zionsville Rd., Indianapolis, IN 
46268-1054, has submitted an amended petition proposing to amend 40 CFR 
186.1100 by revising tolerances for the residues of the herbicide 
clopyralid (3,6-dichloro-2-pyridinecarboxylic acid) in or on sugarbeet 
molasses from 7.0 ppm to 8.0 ppm. The original notice of filing for 
this petition appeared in the Federal Register of May 27, 1992 (57 FR 
22231). 

[[Page 57422]]
The proposed analytical method for determining residues is gas 
chromatography with electron capture detection. (PM 23)

Withdrawn Petitions

    18. PP 3F4251 Ciba-Geigy Corp., P.O. Box 18300, Greensboro, NC 
27419-8300, has requested that PP 3F4251 to establish tolerances for 
metolachlor in grasses grown for seed be withdrawn without prejudice to 
future filing. The original notice of filing appeared in the Federal 
Register of October 21, 1993 (58 FR 54353). (PM 23)
    19. PP 6F1770. Bayer Corp., P.O. Box 4913, Kansas City, MO 64120-
0013, has requested that this petition to establish tolerances for 
ethyl 3-methyl-4-(methylthio) phenyl (1-methylethyl phosphoramidate in 
or on carrots be withdrawn without prejudice to future filing. Notice 
of this petition appeared in the Federal Register of May 12, 1976 (41 
FR 19373). (PM 22)
     A record has been established for this rulemaking under docket 
number [PF-631] (including comments and data submitted electronically 
as described below). A public version of this record, including 
printed, paper versions of electronic comments, which does not include 
any information claimed as CBI, is available for inspection from 8 a.m. 
to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
public record is located in Rm. 1132 of the Public Response and Program 
Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, Crystal Mall #2, 
1921 Jefferson Davis Highway, Arlington, VA.
    Electronic comments can be sent directly to EPA at:
    opp-D[email protected]


    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer all comments received electronically into printed, 
paper form as they are received and will place the paper copies in the 
official rulemaking record which will also include all comments 
submitted directly in writing. The official rulemaking record is the 
paper record maintained at the address in ``ADDRESSES'' at the 
beginning of this document.

List of Subjects

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

    Authority: 7 U.S.C. 136a.

    Dated: September 27, 1995.

Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 95-28071; Filed 11-14-95; 8:45 am]
BILLING CODE 6560-50-F