[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Proposed Rules]
[Pages 76674-76677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31560]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0082; FRL-9328-8]


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 January 9, 2012.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition (PP) number 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 
email. 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 email 
comment directly to EPA without going through regulations.gov, your 
email 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://

[[Page 76675]]

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 email 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 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 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 petitions so that the public has an 
opportunity to comment on the requests for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petitions may be obtained 
through the petition summaries referenced in this unit.

New Tolerances

    1. PP 1E7923. (EPA-HQ-OPP-2011-0860). Interregional Research 
Project Number 4 (IR-4), IR-4 Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08450, requests to establish tolerances 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 strawberry at 
1.4 parts per million (ppm); citrus fruit group 10-10 at 0.5 ppm; 
citrus, dried pulp at 1 ppm; pistachio at 0.01 ppm; and tea, plucked 
leaves at 50 ppm. Adequate enforcement methodology (liquid 
chromatography/mass spectroscopy/mass spectroscopy) (LC/MS/MS) analysis 
is available to enforce the tolerance expression. Contact: Sidney 
Jackson, (703) 305-7610, email address: [email protected].
    2. PP 1E7925. (EPA-HQ-OPP-2011-0905). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, 
NJ 08540, requests to establish tolerances in 40 CFR part 180 for 
residues of the insecticide etofenprox, [2-(4-ethoxyphenyl)-2-
methylpropyl 3-phenoxybenzyl ether], in or on food and

[[Page 76676]]

feed commodities at 0.5 ppm. An aliquot was purified by solid phase 
extraction (graphitized carbon black for alfalfa, snap bean pods with 
seed, and leaf lettuce and HAX solid phase extraction for pasture grass 
and snap bean foliage). The purified extract was concentrated to 
dryness, reconstituted in acetonitrile:water, and submitted to LC/MS/MS 
analysis. Contact: Andrew Ertman, (703) 308-9367, email address: 
[email protected].
    3. PP 1E7929. (EPA-HQ-OPP-2011-0906). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, 
NJ 08540, requests to establish tolerances in 40 CFR part 180 for 
residues of the fungicide cyazofamid, 4-chloro-2-cyano-N,N-dimethyl-5-
(4-methylphenyl)-1H-imidazole-1-sulfonamide (CA) and its metabolite 
CCIM, 4-chloro-5-(4-methylphenyl)-1H-imidazole-2-carbonitrile (CA), 
expressed as cyazofamid, in or on bean, succulent at 0.4 ppm; bean, 
succulent, shelled at 0.07 ppm; leafy greens, subgroup 4A at 9.0 ppm; 
basil, fresh leaves at 30.0 ppm; basil, dried leaves at 80.0 ppm; 
vegetable, tuberous and corm, subgroup 1C at 0.02 ppm; and vegetable, 
fruiting, group 8-10 at 0.40 ppm. LC/MS/MS is used to measure and 
evaluate the residues of cyazofamid. Contact: Laura Nollen, (703) 305-
7390, email address: [email protected].
    4. PP 1F7916. (EPA-HQ-OPP-2011-0781). Canyon Group LLC, c/o Gowan 
Company, 370 South Main St., Yuma, AZ 85364, requests to establish 
tolerances in 40 CFR part 180 for residues of the herbicide 
halosulfuron-methyl, methyl 5-[(4,6-dimethoxy-2-
pyrimidinyl)amino]carbonylaminosul-fonyl]-3-chloro-1-methyl-1H-
pyrazole-4-carboxylate, and its metabolites and degradates, in or on 
millet, proso, forage at 7.0 ppm; millet, proso, hay at 0.02 ppm; 
millet, proso, grain at 0.01 ppm; millet, proso, straw at 0.01 ppm; 
grass forage, fodder, and hay, crop group 17, forage at 17.0 ppm; and 
grass forage, fodder, and hay, crop group 17, hay at 0.9 ppm. A 
practical analytical method, gas chromatography with a nitrogen-
specific detector (GC-NSD), is available for enforcement purposes. The 
analytical method accounts for parent halosulfuron-methyl and for the 
halosulfuron-methyl rearrangement ester, sometimes referred to as 
``RRE'' and ``MON 5781.'' This product results from the abstraction for 
the SO2NHCO moiety between the rings, such that the two rings are then 
joined together only by an NH group. Contact: Maggie Rudick, (703) 347-
0257, email address: [email protected].
    5. PP 1F7927. (EPA-HQ-OPP-2011-0873). FMC Corporation, 1735 Market 
St., Philadelphia, PA 19103, requests to establish tolerances in 40 CFR 
part 180 for residues of the herbicide, fluthiacet-methyl, acetic acid 
[[2-chloro-4-fluoro-5-[(tetrahydro-3-oxo-1H, 3H-[1,3,4]thiadiazolo[3,4-
[alpha]]pyridazin-1-ylidene)amino]phenyl] thio]-methyl ester, and its 
acid metabolite fluthiacet, [[2-chloro-4-fluoro-5-[(tetrahydro-3-oxo-
1H, 3H-[1,3,4]thiadiazolo[3,4-[alpha]]pyridazin-1-
ylidene)amino]phenyl]thio]], in or on the raw agricultural commodities 
of crop group 15 (except rice): grain, cereal at 0.01 ppm; grain, 
cereal, forage at 0.05 ppm; grain, cereal, hay at 0.05 ppm; grain, 
cereal, stover at 0.05 ppm; grain, cereal, straw at 0.05 ppm; and crop 
subgroup 6C: pea and bean (except soybean), dried shelled at 0.01 ppm. 
The analytical enforcement method for fluthiacet-methyl was used with 
minor modification. The analytical method for all crop matrices 
consisted of solvent extraction using a high speed mixer, followed by 
centrifugation. An aliquot of the resulting supernatant was filtered 
and diluted as necessary for quantitation by high performance liquid 
chromatography with tandem mass spectrometric detection (HPLC/MS/MS). 
Contact: Bethany Benbow, (703) 347-8072, email address: 
[email protected].
    6. PP 8F7463. (EPA-HQ-OPP-2009-0364). Bayer CropScience, 2 T.W. 
Alexander Drive, Research Triangle Park, NC 27709, requests to 
establish tolerances in 40 CFR part 180 for indirect or inadvertent 
residues of the fungicide fluopyram, (N-[2-[3-chloro-5-
(trifluoromethyl)-2-pyridinyl]ethyl]-2-(trifluoromethyl)benzamide), in 
or on alfalfa, forage at 0.25 ppm; alfalfa, hay at 0.80 ppm; rapeseed 
(canola seed) at 5.0 ppm; corn, sweet, kernel plus cob with husk 
removed at 0.10 ppm; cotton, gin byproducts at 0.05 ppm; cotton, 
undelinted seed at 0.10 ppm; grain, cereal, forage, fodder and straw, 
group 16, except rice; forage at 8.0 ppm; grain, cereal, forage, fodder 
and straw, group 16, except rice; hay, straw and stover at 14 ppm; 
grain, cereal, forage, fodder and straw, group 16, except rice; 
aspirated fractions at 50 ppm; grain, cereal, group 15, except rice and 
sweet corn at 3.0 ppm; soybean, aspirated fractions at 70 ppm; soybean, 
forage at 8.0 ppm; soybean, hay at 30 ppm; soybean, hulls at 0.40 ppm; 
and soybean, seed at 0.30 ppm. Fluopyram was determined to be the only 
analyte required for analysis based on the metabolic profile in plants, 
the short pre-harvest intervals analyzed, and results from preliminary 
residues trials in Europe. The analytical method involves, solvent 
extraction, filtration, and addition of an isotopically labeled 
internal standard followed by solid phase extraction. Quantitation is 
by high performance liquid chromatography-electrospray ionization/
tandem mass spectrometry. Contact: Lisa Jones, (703) 308-9424, email 
address: [email protected].

Amended Tolerance

    PP 1E7929. (EPA-HQ-OPP-2011-0906). Interregional Research Project 
Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, NJ 
08540, requests to remove, upon approval of the aforementioned 
tolerances in paragraph 3. under ``New Tolerances,'' the tolerances in 
40 CFR 180.601 for residues of the fungicide cyazofamid, 4-chloro-2-
cyano-N,N-dimethyl-5-(4-methylphenyl)-1H-imidazole-1-sulfonamide (CA) 
and its metabolite CCIM, 4-chloro-5-(4-methylphenyl)-1H-imidazole-2-
carbonitrile (CA), expressed as cyazofamid, in or on spinach at 9.0 
ppm; potato at 0.02 ppm; vegetable, fruiting, group 8 at 0.40 ppm; and 
okra at 0.40 ppm. These tolerances are being proposed to be removed, as 
they will be superseded by inclusion in crop group or subgroup 
tolerances in paragraph 3. under ``New Tolerances.'' Contact: Laura 
Nollen, (703) 305-7390, email address: [email protected].

New Tolerance Exemption

    PP 1E7877. (EPA-HQ-OPP-2011-0934). Dow Corning Corporation, 2200 W. 
Salzburg Road, Midland, MI 48640, requests to establish an exemption 
from the requirement of a tolerance for residues of silicic acid, 
sodium salt, reaction products with chlorotrimethylsilane and isopropyl 
alcohol, reaction with poly(oxypropylene)-poly(oxyethylene) glycol, in 
or on the raw agricultural commodity under 40 CFR 180.960, as a 
component of seed coatings that provide non-sticking when the seeds are 
in the planter machines, and also control water permeation to slow 
germination of the seeds at 1,000 ppm. The petitioner believes no 
analytical method is needed because no analytical method is generally 
required for the establishment of a tolerance exemption. Contact: 
Alganesh Debesai, (703) 308-8353, email address: 
[email protected].

Amended Tolerance Exemption

    PP 0F7758. (EPA-HQ-OPP-2011-0950). Lonza, Inc., 90 Boroline Road, 
Allendale, NJ 07401, requests to amend an existing exemption from the 
requirement of a tolerance in 40 CFR

[[Page 76677]]

180.940(a) for residues of didecyl dimethyl ammonium carbonate and 
didecyl ammonium bicarbonate (hereinafter cited jointly as DDACB), in 
or on food-contact surfaces when applied/used in public eating places, 
dairy processing equipment, and/or food processing equipment, and 
utensils at 400 ppm. The petitioner believes no analytical method is 
needed because the subject quaternary ammonium compounds are exempt 
from the requirements of a tolerance. Contact: Drusilla Copeland, (703) 
308-6224, email address: [email protected].

List of Subjects in 40 CFR Part 180

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

    Dated: November 30, 2011.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-31560 Filed 12-7-11; 8:45 am]
BILLING CODE 6560-50-P