[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Proposed Rules]
[Pages 61647-61649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25725]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2011-0082; FRL-8890-5]


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 November 4, 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 Web site 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

[[Page 61648]]

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, 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 1E7890. (EPA-HQ-OPP-2011-0758). Interregional Research 
Project Number 4 (IR-4), Rutgers, The State University of New Jersey, 
500 College Road East, Suite 201-W., Princeton, NJ 08540, requests to 
establish tolerances 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 rhubarb at 0.2 parts per 
million (ppm); turnip, roots at 0.2 ppm; turnip, tops at 0.7 ppm; and 
sunflower subgroup 20B at 0.2 ppm; ``Tolerances with regional 
registrations'' in or on wheat, forage at 0.45 ppm (Pacific Northwest 
only); wheat, hay at 0.20 ppm (Pacific Northwest only); wheat, grain at 
0.20 ppm (Pacific Northwest only); wheat, straw at 1.4 ppm (Pacific 
Northwest only); and cowpea, succulent at 0.15 ppm (Tennessee only). 
There is a practical analytical method for detecting and measuring 
levels of sulfentrazone and its metabolites in or on food with a limit 
of quantitation that allows monitoring of food with residues at or 
above the levels set or proposed in the tolerances. The analytical 
enforcement method for sulfentrazone was used with minor modification 
that eliminated several clean-up and derivatization steps that was 
required for gas chromatography with mass selective detection (GC/MSD) 
but not for liquid chromatography with tandem mass spectrometric 
detection (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 detector (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: 
Laura Nollen, (703) 305-7390, e-mail address: [email protected].
    2. PP 1F7872. (EPA-HQ-OPP-2011-0743). Agriphar S.A., c/o Ceres 
International, LLC., 1087 Heartsease Drive, West Chester, PA 19382, 
requests to establish tolerances in 40 CFR part 180 for residues of the 
fungicide dodine (dodecylguanidine acetate), in or on stone fruits 
(Group 12) at 5 parts per million (ppm); tree nuts (Group 14, except 
almond hulls) at 0.3 ppm; and almond hulls at 12 ppm. An adequate 
enforcement method using GC/mass spectrometry detection (MSD), Method 
45137, is available for determining dodine residues in or on plant 
commodities. Concerning tree crops, a method using LC/MS/MS; 
METH1595.02, after the samples were extracted with methanol, was

[[Page 61649]]

submitted. Adequate data collection method validation, independent 
laboratory validation (ILV), and radio-validation data for the method 
has been submitted. Since there is no reasonable expectation of finding 
residues of dodine in livestock or poultry, no analytical method for 
animal tissues is required. Contact: Tamue L. Gibson, (703) 305-9096, 
e-mail address: [email protected].
    3. PP 1F7887. (EPA-HQ-OPP-2011-0741). Cytec Industries, Inc., 5 
Garret Mountain Plaza, Woodland Park, NJ 07424, requests to establish 
tolerances in 40 CFR part 180 for residues of phosphine, in or on 
asparagus; cherimoya; dates, fresh; figs, fresh; globe artichokes; 
pawpaws; pineapple, water chestnuts and watercress, and for all fresh 
fruit and vegetable crop groups (including berry and small fruit; 
citrus fruit; pome fruit; stone fruit; herbs and spices; Brassica leafy 
vegetables; leafy vegetables; bulb vegetables; cucurbits; fruiting 
vegetables except cucurbits; legume vegetables, except soybeans; 
foliage of legume vegetables; root and tuber group; and root and tuber 
leaves group) at 0.01 ppm. The PAM Vol. II lists, under aluminum 
phosphide, a colorimetric method level of detection (LOD = 0.01) and a 
gas liquid chromatography (GLC) method with a flame photometric 
detection (LOD = 0.001 ppm) as Method A and B, respectively, for the 
enforcement of tolerances. The residue of concern is phosphine. It is 
noted that Method A, remains a lettered method because of variable 
recoveries observed in an Agency method try-out. However, the method 
has been determined to be acceptable for enforcement because phosphine 
is highly reactive, and finite residues are not expected. Data 
submitted in support of the established tolerances were collected by 
one of these two methods. Because phosphine is an inorganic compound, 
recovery of residues using FDA Multiresidue Protocols is not expected, 
and the requirement for such data has been waived by the Agency. 
Contact: Gene Benbow, (703) 347-0235, e-mail address: 
[email protected].
    4. PP 1F7897. (EPA-HQ-OPP-2009-0677). Arysta LifeScience, North 
America, LLC., 15401 Weston Parkway, Suite 150, Cary, NC 27513, 
requests to establish a tolerance in 40 CFR part 180 for residues of 
the fungicide fluoxastrobin, (1E)-[2-[[6-(2-chlorophenoxy)-5-fluoro-4-
pyrimydinyl]oxy]phenyl] (5,6-dihydro-1,4,2-dioxazin-3-yl)methanone O-
methyloxime, and its Z-isomer, (1Z)-[2-[[6-(2-chlorophenoxy)-5-fluoro-
4-pyrimydinyl]oxy]phenyl] (5,6-dihydro-1,4,2-dioxazin-3-yl)methanone O-
methyloxime, in or on rice, grain at 6.0 ppm. Adequate analytical 
methodology is available for enforcement purposes. The method comprises 
microwave solvent extraction followed by a solid phase extraction 
clean-up and quantification by high performance liquid chromatography 
with tandem mass spectrometric detection (HPLC/MS/MS). The individual 
detector responses for measured E- and Z-isomers is summed to give 
total residue. Contact: Heather A. Garvie, (703) 308-0034, e-mail 
address: [email protected].

Amended Tolerance

    PP 1E7890. (EPA-HQ-OPP-2011-0758). Interregional Research Project 
Number 4 (IR-4), Rutgers, The State University of New Jersey, 500 
College Road East, Suite 201-W., Princeton, NJ 08540, requests to amend 
the current tolerances in 40 CFR 180.498 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 bean, lima, succulent at 0.15 
ppm by removing the tolerance from the table in Section (a)(2) and 
adding the tolerance to Section (c) Tolerances with regional 
registrations. Upon approval of the aforementioned tolerance under 
``New Tolerances'', the petition additionally proposes to remove the 
established tolerance in or on the raw agricultural commodity 
sunflower, seed at 0.2 ppm. Contact: Laura Nollen, (703) 305-7390, e-
mail address: [email protected].

New Tolerance Exemptions

    1. PP 1E7903. (EPA-HQ-OPP-2011-0736). ISK Biosciences Corporation, 
7470 Auburn Road, Suite A, Concord, OH 44077, requests to establish an 
exemption from the requirement of a tolerance for residues of D-mannose 
(CAS No. 3458-28-4) under 40 CFR 180.920 when used as an inert 
ingredient (sequestrant) in pesticide formulations applied pre-harvest 
to all raw agricultural commodities. The petitioner believes no 
analytical method is needed because this information is not required 
for the establishment of a tolerance exemption. Contact: Mark Dow, 
(703) 305-5533, e-mail address: [email protected].
    2. PP 1E7909. (EPA-HQ-OPP-2011-0732). Momentive Performance 
Materials, 22 Corporate Woods Blvd., Albany, NY 12211, requests to 
establish an exemption from the requirement of a tolerance for residues 
of 2-Propenoic acid, 2-methyl-, polymer with butyl 2-propenoate and 
ethenylbenzene (CAS No. 25036-16-2) under 40 CFR 180.960 when used as a 
pesticide inert ingredient as a sticker in pesticide formulations 
without limitation. The petitioner believes no analytical method is 
needed because this information is not required for the establishment 
of a tolerance exemption. Contact: Elizabeth Fertich, (703) 347-8560, 
e-mail address: [email protected].

List of Subjects

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

    Dated: September 28, 2011.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-25725 Filed 10-4-11; 8:45 am]
BILLING CODE 6560-50-P