[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Proposed Rules]
[Pages 82238-82240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33440]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0082; FRL-9331-1]


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 30, 2012.

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 
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://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

[[Page 82239]]

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 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 0E7789. (EPA-HQ-OPP-2011-0138). Bayer CropScience, 2 T.W. 
Alexander Dr., P.O. Box 12014, Research Triangle Park, NC 27709, 
requests to establish an import tolerance in 40 CFR part 180 for 
residues of the fungicide trifloxystrobin (benzeneacetic acid, (E,E)-
[alpha]-(methoxyimino)-2-[[[[1-[3-(trifluoromethyl) phenyl] 
ethylidene]amino]oxy]methyl]-methyl ester) and the free form of its 
acid metabolite CGA-321113 ((E,E)-methoxyimino-[2-[1-(3-
trifluoromethyl-phenyl)-ethylideneaminooxymethyl]-phenyl]acetic acid), 
in or on imported coffee, bean, green at 0.02 parts per million (ppm). 
A practical analytical methodology for detecting and measuring levels 
of trifloxystrobin in or on raw agricultural commodities has been 
submitted to the Agency. The method is based on crop specific 
procedures and determination by gas chromatography with nitrogen-
phosphorus detection. A newer analytical method is available employing 
liquid chromatography/tandem mass spectrometry (LC/MS/MS) with an 
electrospray interface, operated in a positive ion mode. Contact: Rose 
Mary Kearns, (703) 305-5611, email address: [email protected].
    2. PP 1F7928. (EPA-HQ-OPP-2011-0962). Dow AgroSciences, LLC., 9330 
Zionsville Road, Indianapolis, IN 46268, requests to establish 
tolerances in 40 CFR part 180 for combined residues of fluroxypyr 1-
methylheptyl ester [1-methylheptyl ((4-amino-3,5-dichloro-6-fluoro-2-
pyridinyl)oxy)acetate] and its metabolite fluroxypyr [((4-amino-3,5-
dichloro-6-fluoro-2-pyridinyl)oxy)acetic acid] in or on crop group 15 
(cereal grains) including: Barley, buckwheat, millet, oats, rye, 
teosinte, triticale, and wheat at 0.5 ppm; corn, popcorn, and sorghum 
grain at 0.02 ppm; rice and wild rice at 1.5 ppm; rice, bran at 3.0 
ppm; crop group 16 including forage, fodder and straw of cereal grains 
at 12 ppm; hay of cereal grains at 20 ppm; and stover of cereal grains 
at 4 ppm. Adequate enforcement method for the combined residues of 
total fluroxypyr is available to enforce the tolerance expression in or 
on food. The analytical method uses high performance liquid 
chromatography with tandem mass spectrometry (HPLC/MS/MS) with limits 
of quantitation (LOQ) of 0.01 ppm. Contact: Bethany Benbow, (703) 347-
8072, email address: [email protected].

New Tolerance Exemption

    PP 1E7932. (EPA-HQ-OPP-2011-0975). Clariant Corp., 625 E. Catawba 
Ave., Mt. Holly, NC 28120, requests to establish an exemption from the 
requirement of a tolerance for residues of 2-Propenoic acid, 2-methyl-, 
2-ethylhexyl ester, telomere with 1-dodecanethiol, ethenylbenzene and 
2-methyloxirane polymer with oxirane monoether with 1,2-propanediol 
mono(2-methyl-2-propenoate), hydrogen 2-sulfobutanedioate, sodium salt, 
2,2'-(1,2-diazenediyl)bis[2-methylpropanenitrile]-initiated (CAS

[[Page 82240]]

No. 1283712-50-4) under 40 CFR 180.960 when used as a pesticide inert 
ingredient in pesticide formulations as a dispersing agent. The 
petitioner believes no analytical method is needed because 2-Propenoic 
acid, 2-methyl-, 2-ethylhexyl ester, telomere with 1-dodecanethiol, 
ethenylbenzene and 2-methyloxirane polymer with oxirane monoether with 
1,2-propanediol mono(2-methyl-2-propenoate), hydrogen 2-
sulfobutanedioate, sodium salt, 2,2'-(1,2-diazenediyl)bis[2-
methylpropanenitrile]-initiated is exempt from the requirement of a 
tolerance based upon the definition of a low-risk polymer under 40 CFR 
723.250. Therefore, an analytical method to determine residues on 
treated crops is not relevant. Contact: Alganesh Debesai, (703) 308-
8353, email address: [email protected].

List of Subjects

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

    Dated: December 21, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-33440 Filed 12-29-11; 8:45 am]
BILLING CODE 6560-50-P