[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Proposed Rules]
[Pages 39358-39361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16873]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0082; FRL-8875-6]


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 August 5, 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 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:
    [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 e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI

[[Page 39359]]

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 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 0E7754. (EPA-HQ-OPP-2010-0820). Quimica Agronomica de Mexico, 
S. de R.L. MI., Calle 18 N[deg] 20501, Colonia Impulso, C.P. 31183, 
Chihuahua, Chih., Mexico c/o Gowan Company, P.O. Box 5569, Yuma, AZ 
85366, requests to establish a tolerance in 40 CFR part 180 for 
residues of the fungicide gentamicin, in or on cucurbits (crop group 9) 
at 0.05 parts per million (ppm) and fruiting vegetables (crop group 8) 
at 0.05 ppm. An analytical method was developed and used to quantitate 
residues of gentamicin and oxytetracycline. Briefly, residues of 
gentamicin were extracted from samples. The extraction was conducted 
with a homogenizer and extracts were centrifuged and decanted into a 
mixing cylinder. Extraction buffer and methanol were added to the 
centrifuge tube, centrifuged, and shaken a total of two times, with 
each extract combined in the mixing cylinder. The sample was brought to 
final volume with water and mixed in preparation for liquid 
chromatography/tandem mass spectrometry (LC/MS/MS) analysis. Contact: 
Shaunta Hill, (703) 347-8961, e-mail address: [email protected].
    2. PP 0E7818. (EPA-HQ-OPP-2011-0086). Interregional Research 
Project No. 4 (IR-4), 500 College Rd. East, Suite 201W, Princeton, NJ 
08540, proposes to establish a tolerance in 40 CFR part 180 for 
residues of the fungicide acibenzolar S-methyl, in or on low growing 
berry subgroup 13-07G at 0.15 ppm. The analytical method involves 
extraction, solid phase cleanup of samples with analysis by high 
performance liquid chromatography (HPLC) with ultraviolet (UV) 
detection or confirmatory LC/MS. Contact: Sidney C. Jackson, (703) 305-
7610, e-mail address: [email protected].
    3. PP 1E7847. (EPA-HQ-OPP-2010-0904). IR-4, 500 College Rd. East, 
Suite 201W, Princeton, NJ 08540, proposes to establish tolerances in 40 
CFR part 180 for residues of the insecticide bifenazate (hydrazine 
carboxylic acid, 2-(4-methoxy-[1,1'-biphenyl]-3-yl) 1-methylethyl 
ester) in or on herb subgroup 19A, fresh leaves at 30 ppm; herb 
subgroup 19A, dried leaves, except chervil, dried and chive, dried at 
140 ppm; fruit, pome, group 11-10 at 0.75 ppm; vegetable, fruiting, 
group 8-10 at 2.0 ppm; timothy, forage at 140 ppm; and timothy, hay at 
120 ppm. Chemtura Corporation has developed practical analytical 
methodology for detecting and measuring residues of bifenazate in or on 
raw agricultural commodities. Contact: Andrew Ertman, (703) 308-9367, 
e-mail address: [email protected].
    4. PP 1F7838. (EPA-HQ-OPP-2011-0427). FMC Corporation, 1735 Market 
St., Philadelphia, PA 19103, requests to establish a tolerance in 40 
CFR part 180 for residues of the herbicide sulfentrazone (N-[2,4-
dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-
triazol-1-yl]phenyl]-methanesulfonamide) and its metabolites 3-
hydroxymethyl-sulfentrazone (N-[2,4-dichloro-5-[4-(difluoromethyl)-4,5-
dihydro-3-hydroxymethyl-5-oxo-1H-1,2,4-triazol-1-
yl]phenyl]methanesulfonamide) and 3-desmethyl sulfentrazone (N-[2,4-
dichloro-5-[4-(difluoromethyl)-4,5-dihydro-5-oxo-1H-1,2,4-triazol-1-
yl]phenyl]methanesulfonamide), in or on crop group10-10 citrus fruit at 
0.15 ppm; crop group 13-07 berry and small fruit at 0.15 ppm; crop 
group14 tree nut and pistachio at 0.15 ppm; and crop group 18 non-grass 
animal feed (forage, fodder, straw, and hay): Alfalfa, forage

[[Page 39360]]

at 5 ppm; alfalfa, hay at 20 ppm; alfalfa, seed at 3 ppm; clover, 
forage at 5 ppm; clover, hay at 20 ppm; and clover, seed at 3 ppm. The 
analytical enforcement method for sulfentrazone was used with minor 
modification that eliminated several cleanup and derivatization steps 
that was required for gas chromatography/mass spectrometry detection 
(GC/MSD) but not for LC/MS/MS. The analytical method for sulfentrazone 
involves separate analyses for parent and its metabolites. The parent 
is analyzed by evaporation and reconstitution of the sample prior to 
analysis by LC/MS/MS GC/electron capture detection (ECD). The 
metabolites samples were refluxed in the presence of acid and cleaned 
up with solid phase extraction prior to analysis by LC/MS/MS. Contact: 
Bethany Benbow, (703) 347-8072, e-mail address: [email protected].
    5. PP 1F7839. (EPA-HQ-OPP-2011-0428). FMC Corporation, 1735 Market 
St., Philadelphia, PA 19103, requests to establish a tolerance in 40 
CFR part 180 for residues of the herbicide carfentrazone-ethyl (ethyl-
alpha-2-dichloro-5-[-4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1 H 
-1,2,4-triazol-1-yl]-4-fluorobenzene propanoate) and its metabolite: 
Carfentrazone-chloropropionic acid (alpha, 2-dichloro-5-[-4-
difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1 H -1,2,4-triazol-1-yl]-4-
fluorobenzenepropanoic acid) in or on crop group 18 non-grass animal 
feed (forage, fodder, straw, and hay): Alfalfa, forage at 5 ppm; 
alfalfa, hay at 18 ppm; alfalfa, seed at 10 ppm; clover, forage at 5 
ppm; clover, hay at 18 ppm; and clover, seed at 10 ppm. The analytical 
enforcement method for carfentrazone-ethyl was used with minor 
modification that eliminated several clean-up and derivatization steps 
that was required for GC/MSD but not for LC/MS/MS. The analytical 
method for carfentrazone-ethyl involves separate analyses for parent 
and its metabolite. The parent is analyzed by evaporation and 
reconstitution of the sample prior to analysis by LC/MS/MS GC/ECD. The 
metabolite samples were refluxed in the presence of acid and cleaned up 
with solid phase extraction prior to analysis by LC/MS/MS. Contact: 
Bethany Benbow, (703) 347-8072, e-mail address: [email protected].
    6. PP 1F7841. (EPA-HQ-OPP-2011-0357). Valent U.S.A. Company, 1600 
Riviera Ave., Walnut Creek, CA 94596-8025, proposes to establish 
tolerances in 40 CFR part 180 for residues of the fungicide 
fenpyrazamine in or on almond at 0.02 ppm; almond, hulls at 1.5 ppm; 
small fruit vine climbing (except fuzzy kiwifruit) subgroup 13-07F at 
3.5 ppm; raisin at 4.5 ppm; grape, juice at 7.0 ppm; lettuce, head at 
2.5 ppm; lettuce, leaf lettuce at 2.5 ppm; and low growing berry 
subgroup 13-07G at 3.0 ppm. A practical analytical method utilizing LC/
MSD is available and has been validated for detecting and measuring 
residues of fenpyrazamine (fenpyrazamine and S-2188-DC) in and on 
crops. Contact: Gene Benbow, (703) 347-0235, e-mail address: 
[email protected].
    7. PP 1F7844. (EPA-HQ-OPP-2011-0403). Nippon Soda Co., Ltd., c/o 
Nisso America, Inc., 45 Broadway, Suite 2120, New York, NY 10006, 
requests to establish a tolerance in 40 CFR part 180 for residues of 
the insecticide acetamiprid, in or on soybean, seed at 0.02 ppm; and 
soybean, hulls at 0.04 ppm. A method was developed that involves 
extraction of acetamiprid from soybean matrices with a solvent followed 
by a decantation and filtration and finally, analysis by a LC/MS/MS 
method. Contact: Jennifer Urbanski, (703) 347-0156, e-mail address: 
[email protected].

Amended Tolerances

    1. PP 0E7818. (EPA-HQ-OPP-2011-0086). IR-4, 500 College Rd. East, 
Suite 201W, Princeton, NJ 08540, proposes to amend the tolerance in 40 
CFR 180.561 for residues of the fungicide acibenzolar-S-methyl by 
combining the tables for paragraphs (a)(1) and (a)(2) into one table 
under paragraph (a)(1), and by removing paragraph (a)(2). The petition 
further proposes to revise the tolerance expression under paragraph 
(a)(1) to read as follows: ``Tolerances are established for residues of 
acibenzolar-S-methyl, benzo(1,2,3)thiadiazole-7-carbothioic acid-S-
methyl ester, including its metabolites and degradates, in or on the 
commodities in the table below. Compliance with the tolerance levels 
specified below is to be determined by measuring only those 
acibenzolar-S-methyl residues convertible to benzo(1,2,3)thiadiazole-7-
carboxylic acid (CGA-210007), expressed as the stoichiometric 
equivalent of acibenzolar-S-methyl, in or on the commodity.'' The 
analytical method involves extraction and solid phase cleanup of 
samples with analysis by HPLC with UV detection or confirmatory LC/MS. 
Contact: Sidney C. Jackson, (703) 305-7610, e-mail address: 
[email protected].
    2. PP 1E7847. (EPA-HQ-OPP-2010-0904). IR-4, 500 College Rd. East, 
Suite 201W, Princeton, NJ 08540, proposes to delete tolerances in 40 
CFR 180.572 for residues of the insecticide bifenazate: Hydrazine 
carboxylic acid, 2-(4-methoxy-[1,1'-biphenyl]-3-yl)-methylethyl ester 
for vegetable, fruiting, group 8 and fruit, pome, group 11 upon 
approval of the proposed tolerances listed in this petition under ``New 
Tolerance.'' Contact: Andrew Ertman, (703) 308-9367, e-mail address: 
[email protected].

New Tolerance Exemptions

    1. PP 1E7835. (EPA-HQ-OPP-2011-0333). Akzo Nobel Surface Chemistry 
LLC, 909 Mueller Ave., Chattanooga, TN 37406, proposes to establish an 
exemption from the requirement of a tolerance for methacrylic acid 
sodium salt (CAS No. 1260001-65-7) when used as a pesticide inert 
ingredient as a dispersant in pesticide formulations under 40 CFR 
180.960. This petition requests the elimination of the need to 
establish a maximum permissible level for residues of acrylic acid-
benzyl methacrylate-1-propanesulfonic acid, 2-methyl-2-[(1-oxo-2-
propenyl)amino]-, monosodium salt copolymer acid version in or on all 
raw agricultural commodities. The petitioner believes no analytical 
method is needed because this is for an exemption from the requirement 
of a tolerance without any numerical limitations and this information 
is generally not required when all the criteria for polymer exemption 
per 40 CFR 723.250 are met. Contact: William Cutchin, (703) 305-7990, 
e-mail address: [email protected].
    2. PP 1E7837. (EPA-HQ-OPP-2011-0376). Huntsman Corporation, 10003 
Woodloch Forest Dr., The Woodlands, TX 77380, requests to establish an 
exemption from the requirement of a tolerance in 40 CFR 180.950 for 
butylene carbonate (1, 3-dioxolan-2-one, 4-ethyl) (CAS No. 4437-85-8) 
in or on all raw agricultural commodities when used as a pesticide 
inert ingredient in pesticide formulations. The petitioner believes no 
analytical method is needed because they are not applicable or required 
for the establishment of a tolerance exemption for inert ingredients. 
Contact: William Cutchin, (703) 305-7990, e-mail address: 
[email protected].
    3. PP 1E7862. (EPA-HQ-OPP-2011-0430). BASF Corporation, 100 Campus 
Dr., Florham Park, NJ 07932, requests to establish an exemption from 
the requirement of a tolerance for 2-Propenoic acid, polymer with 
ethenylbenzene and (1-methylethenyl) benzene, sodium salt (CAS No. 
129811-24-1) under 40 CFR 180.960 when used as a pesticide inert 
ingredient as a dispersant in pesticide formulations without 
limitation. The petitioner believes no analytical method is needed 
because they are not applicable or

[[Page 39361]]

required for the establishment of a tolerance exemption for inert 
ingredients. Contact: Alganesh Debesai, (703) 308-8353, e-mail address: 
[email protected].

List of Subjects

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

    Dated: June 24, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-16873 Filed 7-5-11; 8:45 am]
BILLING CODE 6560-50-P