[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28009-28012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11978]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0012; FRL-8823-2]


Notice of Receipt of Several Pesticide Petitions Filed for 
Residues of Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the Agency's receipt of several initial 
filings of pesticide petitions proposing the establishment or 
modification of regulations for residues of pesticide chemicals in or 
on various commodities.

DATES: Comments must be received on or before June 18, 2010.

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

[[Page 28010]]

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 website 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 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 
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, proposing 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. EPA has determined that 
the pesticide petitions described in this notice 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. 
Additional data may be needed before EPA can make a final determination 
on these pesticide petitions.

[[Page 28011]]

     Pursuant to 40 CFR 180.7(f), a summary of each of the petitions 
that are the subject of this notice, 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 9E7650. (EPA-HQ-OPP-2010-0186). Nissan Chemical Industries, 
Inc., 3-7-1, Kanda Nishiki-cho, Chiyoda-ku, Tokyo, Japan c/o Lewis & 
Harrison, 122 C Street, NW., Suite 740, Washington, DC 20001, proposes 
to establish import tolerances in 40 CFR part 180 for residues of 
amisulbrom, 3-[3-bromo-6-fluoro-2-methyl-H-indol-1-yl)sulfonyl]-N,N-
dimethyl-1H - 1,2,4-triazole-1-sulfonamide, in or on grapes at 0.4 
parts per million (ppm) and raisins at 1.0 ppm. The proposed tolerance 
will be a tolerance on treated grapes and its processed products 
treated in Western Europe and imported into the U.S. There will be no 
U.S. registration. Liquid chromatography/tandem mass spectrographic 
detection (LC/MS/MS) is used for determination and quantification of 
amisulbrom from grape field and grape processing (raisin, juice, and 
wine) data. The limit of quantitation is 0.01 ppm. A successful 
independent laboratory method validation was conducted for the grape 
data collection method. Contact: Olga Odiott, (703) 308-9369, e-mail 
address: [email protected].
     2. PP 9E7675. (EPA-HQ-OPP-2010-0063). Interregional Research 
Project Number 4 (IR-4), IR-4 Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Rd. East, Suite 201 W, Princeton, 
NJ 08450, proposes to establish tolerances in 40 CFR part 180 for 
residues of the miticide/ovicide etoxazole, 2-(2,6-difluorophenyl)-4-
[4-(1,1-dimethylethyl)-2-ethoxyphenyl]-4,5-dihydrooxazole, in or on 
peppers, African eggplant, eggplant, martynia, okra, pea eggplant, 
pepino, roselle, and scarlet eggplant at 0.20 ppm; Crop Group 9: 
cucurbit vegetables at 0.20 ppm; Subgroup 13-07A: Caneberry at 1.1 ppm; 
Subgroup 13-07F: Small fruit vine climbing subgroup except fuzzy kiwi 
at 0.50 ppm; Subgroup 13-07G: Low-growing berry subgroup at 0.50 ppm 
and avocado, papaya, star apple, black sapote, mango, sapodilla, 
canistel, and mamey sapote at 0.20 ppm; and tea at 15 ppm. Practical 
analytical methods for detecting and measuring levels of etoxazole have 
been developed and validated in/on all appropriate agricultural 
commodities and respective processing fractions. The limit of 
quantitation (LOQ) of etoxazole in the methods is 0.02 ppm which will 
allow monitoring of food with residues at the levels proposed for the 
tolerances. The Cumulative and Aggregate Risk Evaluation System (CARES) 
Version 2.0 was used to conduct these assessments. Contact: Andrew 
Ertman, (703) 308-9367, e-mail address: [email protected].
     3. PP 0F7689. (EPA-HQ-OPP-2010-0297). Arysta LifeScience North 
America, LLC. 15401 Weston Parkway, Cary, NC 27513, proposes to 
establish tolerances in 40 CFR part 180 for residues of kasugamycin, 3-
O-[2-amino-4-[(carboxyiminomethyl)amino]-2,3,4,6-tetradeoxy-[alpha]-D-
arabino-hexopyranosyl]-D-chiro-inositol, in or on fruiting vegetables 
(crop group 8 -fruiting vegetables - except cucumber) at 0.15 ppm; pome 
fruit (crop group 11- pome fruit) at 0.25 ppm; and walnuts at 0.04 ppm. 
A practical analytical method for detecting and measuring levels of 
kasugamycin has been developed and validated in all appropriate 
agricultural commodities. This analytical method is suitable for 
monitoring of food with residues at the levels proposed for the 
tolerances. The LOQ for this method is 0.04 ppm. An independent 
laboratory validation of the residue analytical method was successful. 
Contact: Shaunta Hill, (703) 347-8961, e-mail address: 
[email protected].
     4. PP 0F7690. (EPA-HQ-OPP-2010-0234). BASF Corporation, 26 Davis 
Dr., P.O. Box 13528, Research Triangle Park, NC 27709-3528, proposes to 
establish tolerances in 40 CFR part 180 for the combined residues of 
the insecticide alpha-cypermethrin and cypermethrin (including zeta-
cypermethrin)((S)-[alpha]-cyano-3-phenoxybenzyl (1R,3R)-3-(2,2-
dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate and (R)-[alpha]-
cyano-3-phenoxybenzyl (1S,3S)-3-(2,2-dichlorovinyl)-2,2-
dimethylcyclopropanecarboxylate), in or on tree nuts, Group 14; dried 
shelled pea and bean, except soybean, subgroup 6C; corn, grain; pop 
corn; sweet corn; soybeans; and sugar beet, roots at 0.05 ppm; 
succulent shelled pea and bean, subgroup 6B; and root and tuber 
vegetables, Group 1 at 0.1 ppm; cucurbit vegetables, Group 9; fruiting 
vegetables, Group 8; sugar beet, tops; and wheat, grain at 0.2 ppm; 
citrus fruit, Group 10 at 0.35 ppm; cottonseed; edible podded legume 
vegetable, subgroup 6A; and sorghum, grain at 0.5 ppm; and rice, grain 
at 1.5 ppm; citrus, dried pulp at 1.8 ppm; head and stem brassica, 
subgroup 5A at 2.0 ppm; citrus, oil at 4.0 ppm; leafy vegetable, except 
brassica, Group 4 at 10 ppm; and alfalfa, hay at 15 ppm. There is a 
practical analytical method for detecting and measuring levels of 
cypermethrin in or on food with a limit of detection (LOD) that allows 
monitoring food with residues at or above the levels set in these 
tolerances. Gas chromatography with electron capture detection (GC/ECD) 
and LC/MS/MS methods are available. Contact: BeWanda Alexander, (703) 
305-7460, e-mail address: [email protected].
     5. PP 0F7695. (EPA-HQ-OPP-2010-0261). BASF Corporation, 26 Davis 
Dr., P.O Box 13528, Research Triangle Park, NC, 27709, proposes to 
establish tolerances in 40 CFR part 180 for residues of ametoctradin, 
5-ethyl-6-octyl[1,2,4]triazolo[1,5-a]pyrimidin-7-amine, in or on 
brassica, head and stem, subgroup at 12 ppm; brassica, leafy greens, 
subgroup at 50 ppm; grape at 5 ppm; hop, dried cones at 9 ppm; onion, 
bulb, subgroup at 1.2 ppm; onion, green, subgroup at 16 ppm; raisin at 
8 ppm; vegetable, fruiting, group at 2 ppm; vegetable, leafy, except 
brassica, group at 70 ppm; vegetable, cucurbit, group at 4.5 ppm; and 
vegetable, tuberous and corm, subgroup at 0.05 ppm. The proposed 
enforcement method for ametoctradin was fully validated. Ametoctradin 
is extracted with a mixture of methanol/water. An aliquot of the 
extract is centrifuged and partitioned against dichloromethane. The 
final determination of ametoctradin is performed by high performance 
liquid chromatography-mass spectrometry (HPLC-MS/MS). This method has 
an LOQ of 0.01 milligrams/kilograms (mg/kg) and is suitable for 
enforcement purposes. Contact: Shaunta Hill, (703) 347-8961, e-mail 
address: [email protected].
     6. PP 0F7703. (EPA-HQ-OPP-2010-0284). Monsanto Company, 1300 I 
Street NW., Suite 450 East, Washington DC 2005, a member of the 
Acetochlor Registration Partnership (ARP), proposes to establish a 
tolerance in 40 CFR part 180 for indirect or inadvertent residues of 
the herbicide acetochlor (2-chloro-2'-methyl-6'-ethyl-N-
ethoxymethylacetanilide) and its metabolites containing either the 2-
ethyl-6-methylaniline (EMA) or the 2-(1-hydroxyethyl)-6- methyl-aniline 
(HEMA) moiety, to be expressed as

[[Page 28012]]

acetochlor equivalents, in or on the following raw agricultural 
commodity when present therein as a result of the application of 
acetochlor to the growing crops in paragraph (a) of 40 CFR 180.470; 
peanut at 0.03 ppm. An adequate enforcement method for residues of 
acetochlor in crops has been approved. Acetochlor and its metabolites 
are hydrolyzed to either EMA or HEMA, which are determined by HPLC-OCED 
and expressed as acetochlor equivalents. Contact: Susan Stanton, (703) 
305-5218, e-mail address: [email protected].be determined by 
measuring residues of pyrasulfotole (AE0317309) (5-hydroxy-1,3-
dimethyl-1H-pyrazol-4-yl)-[2-(methylsulfonyl)-4-
(trifluoromethyl)phenyl]methanone and its metabolite (5-Hydroxy-3-
methyl-1H-pyrazol-4-yl)-[2-(methylsulfonyl)-4-(trifluoromethyl)phenyl] 
methanone, calculated as the stoichiometric equivalent of pyrasulfotole 
in or on cattle, goat, hog, sheep, and horse meat at 0.04 ppm; cattle, 
goat, hog, sheep, and horse fat at 0.04 ppm; cattle, goat, hog, sheep, 
and horse, meat byproducts except liver at 2 ppm and cattle, goat, hog, 
sheep, and horse, liver at 8 ppm. The analytical method is an LC/MS/MS 
method which quantifies pyrasulfotole and its metabolite (5-Hydroxy-3-
methyl-1H-pyrazol-4-yl)[2-(methylsulfonyl)-4-
(trifluoromethyl)phenyl]methanone with an LOQ of 0.01 mg/kg. Contact: 
Bethany Benbow, (703) 347-8072, e-mail address: [email protected].
     7. PP 0G7682. (EPA-HQ-OPP-2010-0217). Valent U.S.A. Corporation, 
P.O. Box 8025, Walnut Creek, CA 94596 (as Agent for Sumitomo Chemical 
Co., Ltd), proposes to establish a time-limited tolerance in 40 CFR 
part 180 for residues of the insecticide clothianidin, (E)-1-(2-chloro-
1,3-thiazol-5-ylmethyl)-3-methyl-2-nitroguanidine, in or on rice, grain 
at 0.01 ppm. Adequate enforcement methodology LC/MS/MS analysis is 
available to enforce the tolerance expression. Contact: Marianne Lewis, 
(703) 308-8043, e-mail address: [email protected].

Amended Tolerances

     PP 9E7675. (EPA-HQ-OPP-2010-0063). IR-4, IR-4 Project 
Headquarters, Rutgers, The State University of New Jersey, 500 College 
Rd. East, Suite 201 W, Princeton, NJ 08450, proposes to delete the 
established tolerances in 40 CFR 180.593 for residues of the miticide/
ovicide etoxazole, 2-(2,6-difluorophenyl)-4-[4-(1,1-dimethylethyl)-2-
ethoxyphenyl]-4,5-dihydrooxazole, in or on strawberry, grape, cucumber, 
and vegetable, cucurbit subgroup 9A since they will be covered by the 
proposed new tolerances in 2. under ``New Tolerances'' of this Unit. 
Contact: Andrew Ertman, (703) 308-9367, e-mail address: 
[email protected].

New Tolerance Exemptions

     1. PP 0E7686. (EPA-HQ-OPP-2010-0233). Dow Agrosciences, LLC, 9330 
Zionsville Rd., Indianapolis, IN 46268, proposes to establish an 
exemption from the requirement of a tolerance for residues of choline 
hydroxide (CAS No. 123-41-1) under 40 CFR 180.920 when used as a 
pesticide inert ingredient in pesticide formulations. A limitation for 
use as a neutralizing agent in herbicide-only products is proposed. 
Based on the proposed use, the choline cation is the species of 
interest for end-use products. The petitioner believes no analytical 
method is needed because it is not required for an exemption from the 
requirement of a tolerance. Contact: Deirdre Sunderland, (703) 603-
0851, e-mail address: [email protected].
     2. PP 0E7692. (EPA-HQ-OPP-2010-0231). Rhodia, Inc. c/o SciReg, 
Inc., 12733 Director's Loop, Woodbridge, VA 22192, proposes to 
establish an exemption from the requirement of a tolerance for residues 
of castor oil, ethoxylated, oleate (CAS No. 220037-02-5) with a minimum 
number average molecular weight (in amu) of 1,200 under 40 CFR 180.960 
when used as an emulsifier and surfactant pesticide inert ingredient in 
pesticide formulations. Rhodia is requesting that castor oil, 
ethoxylated, oleate, with a minimum number average molecular weight (in 
amu) of 1,200 be exempt from the requirement of a tolerance based upon 
the definition of a low-risk polymer under 40 CFR 723.250. Therefore, 
Rhodia believes that an analytical method to determine residues in 
treated crops is not relevant. Contact: Karen Samek, (703) 347-8825, e-
mail address: [email protected].
     3. PP 9E7648. (EPA-HQ-OPP-2010-0232). Exponent Inc., 1150 
Connecticut Ave., NW., Suite 1100, Washington, DC 20036, on behalf of 
Plant Impact plc, 12 S. Preston Office Village, Cuerdan Way, Bamber 
Bridge, Preston, PR5 6BL, United Kingdom, proposes to establish a low 
risk polymer exemption from the requirement of a tolerance for residues 
of Castor oil, ethoxylated, dioleate (CAS No. 110531-96-9) under 40 CFR 
180.960 when used as a pesticide inert ingredient with a surfactant 
function in pesticide formulations. The petitioner believes no 
analytical method is needed because it is not required for an exemption 
from the requirement of a tolerance. Contact: Deirdre Sunderland, (703) 
603-0851, e-mail address: [email protected].
     4. PP 0F7695. (EPA-HQ-OPP-2010-0261). BASF Corporation, P.O. Box 
13528, Research Triangle Park, NC, 27709, proposes to establish an 
exemption from the requirement of a tolerance for the metabolites of 
ametoctradin, M650F03, (7-amino-5-ethyl[1,2,4]triazolo[1,5-
a]pyrimidine-6-y-l)acetic acid, and M650F04, 7-amino-5-
ethyl[1,2,4]triazolo[1,5-a]pyrimidine-6-carboxylic acid in or on all 
food crops. The proposed enforcement method for ametoctradin was fully 
validated. Ametoctradin is extracted with a mixture of methanol/water. 
An aliquot of the extract is centrifuged and partitioned against 
dichloromethane. The final determination of ametoctradin is performed 
by high performance liquid chromatography-mass spectrometry (HPLC-MS/
MS). This method has an LOQ of 0.01 mg/kg and is suitable for 
enforcement purposes. Contact: Shaunta Hill, (703) 347-8961, e-mail 
address: [email protected].

List of Subjects

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


    Dated: May 6, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-11978 Filed 5-18-10; 8:45 am]
BILLING CODE 6560-50-S