[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Proposed Rules]
[Pages 66781-66783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27193]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2012-0001; FRL-9367-5]


Notice of Filing 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 December 7, 2012.

ADDRESSES: Submit your comments, identified by docket identification 
(ID)

[[Page 66782]]

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 online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

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 
Biopesticides and Pollution Prevention Division (BPPD) (7511P) or 
Registration Division (RD) (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. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    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 and 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 online 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 Tolerance

    1. PP 2E8064. (EPA-HQ-OPP-2012-0635) Interregional Research Project 
Number 4 (IR-4), 500 College Rd. East, Suite 201W., Princeton, NJ 
08540, requests to establish tolerances in 40 CFR part 180 for residues 
of the insecticide chlorantraniliprole, 3-bromo-N-[4-chloro-2-methyl-6- 
[(methylamino)carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-pyrazole-5-
carboxamide, in or on grain, cereal, group 15, except rice at 6.0 parts 
per million (ppm); grain, cereal, forage, fodder and straw, group 16 at 
30.0 ppm; fruit, citrus, group 10-10 at 1.4 ppm; and fruit, pome, group 
11-10 at 1.2

[[Page 66783]]

ppm. Adequate enforcement methodology (liquid chromatography/mass 
spectrometry/mass spectrometry--(LC/MS/MS)) is available to enforce the 
tolerance expression. Contact: Sidney Jackson, RD, (703) 305-7610, 
email address: [email protected].
    2. PP 2E8065. (EPA-HQ-OPP-2012-0775) BASF Corporation, 26 Davis 
Dr., P.O. Box 13528, Research Triangle Park, NC 27709-3528, requests to 
establish tolerances in 40 CFR part 180 for residues of the herbicide 
for the combined residues of saflufenacil (2-chloro-5-[3,6-dihydro-3-
methyl-2,6-dioxo-4-(trifluoromethyl)-1(2H)-pyrimidinyl]-4-fluoro-N-
[[methyl(1-methylethyl)amino]sulfonyl]benzamide) and its metabolites N-
[2-chloro-5-(2,6-dioxo-4-(trifluoromethyl)-3,6-dihydro-1(2H)-
pyrimidinyl)-4-fluorobenzoyl]-N'-isopropylsulfamide and N-[4-chloro-2-
fluoro-5-({[(isopropylamino)sulfonyl]amino carbonyl)phenyl]urea, 
calculated as the stoichiometric equivalent of saflufenacil, in or on 
sugarcane, cane at 0.03 ppm; sugarcane, molasses at 0.075 ppm; and 
sugarcane, refined sugar at 0.045 ppm . Adequate enforcement 
methodology (LC/MS/MS methods D0603/02 (plants) and L0073/01 
(livestock)) is available to enforce the tolerance expression. Contact: 
Bethany Benbow, RD, (703) 347-8072, email address: 
[email protected].
    3. PP 2E8072. (EPA-HQ-OPP-2012-0716) IR-4, 500 College Rd. East, 
Suite 201W., Princeton, NJ 08540, requests to establish tolerances in 
40 CFR part 180 for residues of the insecticide fenpyroximate, (E)-1,1-
dimethylethyl 4-[[[[(1,3-dimethyl-5-phenoxy-1H-pyrazol-4-
yl)methylene]amino]oxy] methyl]benzoate and its Z-isomer, (Z)-1,1-
dimethylethyl 4-[[[[(1,3-dimethyl-5- phenoxy-1H-pyrazol-4-yl)methylene] 
amino]oxy]methyl]benzoate in or on fruit, stone, group 12-12 at 2.0 
ppm; fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-
07F at 1.0 ppm; and vegetable, tuberous and corm, subgroup 1C at 0.1 
ppm. An enforcement method has been developed which involves extraction 
of fenpyroximate from crops with ethyl acetate in the presence of 
anhydrous sodium sulfate, dilution with methanol, and then analysis by 
high performance liquid chromatography (HPLC) using tandem mass 
spectrometric detection (HPLC/MS/MS). This is a new enforcement method. 
Contact: Sidney Jackson, RD, (703) 305-7610, email address: 
[email protected].
    4. PP 2E8083. (EPA-HQ-OPP-2012-0791) IR-4, 500 College Rd. East, 
Suite 201W., Princeton, NJ 08540, requests to establish tolerances in 
40 CFR part 180 for residues of the herbicide linuron, (3-(3,4-
dichlorophenyl)-1-methoxy-1-methylurea) and its metabolites convertible 
to 3,4-dichloroaniline, calculated as linuron, in or on; cilantro, 
dried leaves at 27 ppm; cilantro, fresh leaves at 3 ppm; dillweed, 
dried leaves at 7.1 ppm; dillweed, fresh leaves at 1.5 ppm; dill oil at 
4.8 ppm; dill seed at 0.3 ppm; horseradish at 0.050 ppm; parsley, dried 
leaves at 8.3 ppm; parsley leaves at 3 ppm; and pea, dry, seed at 0.08 
ppm. Adequate enforcement methods (gas chromatography/mass selective 
detection (GC/MSD)) are available for the determination of linuron in 
plant and animal commodities. A second method involves using reversed 
phase HPLC with MS/MS detection. Contact: Laura Nollen, RD, (703) 305-
7390, email address: [email protected].

Amended Tolerance

    1. PP 2E8064. (EPA-HQ-OPP-2012-0635) IR-4, 500 College Rd. East, 
Suite 201W., Princeton, NJ 08540, requests to concurrently delete the 
tolerances in 40 CFR 180.628 for residues of the insecticide 
chlorantraniliprole, 3-bromo-N-[4-chloro-2-methyl-6- 
[(methylamino)carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-pyrazole-5-
carboxamide, in or on mayhaw; corn, field, forage; corn, field, grain; 
corn, field, milled byproducts; corn, field, stover; corn, pop, forage; 
corn, pop, grain; corn, pop, stover; corn, sweet, forage; corn, sweet, 
kernel plus cobs with husk removed; corn, sweet, stover; fruit, citrus, 
group 10; and fruit, pome, group 11 upon approval of the tolerances 
listed under ``New Tolerance'' for PP 2E8064. Contact: Sidney Jackson, 
RD, (703) 305-7610, email address: [email protected].
    2. PP 2E8083. (EPA-HQ-OPP-2012-0791) IR-4, 500 College Rd. East, 
Suite 201W., Princeton, NJ 08540, requests to delete the regional 
tolerance in 40 CFR 180.184(c) for residues of the herbicide linuron, 
(3-(3,4-dichlorophenyl)-1-methoxy-1-methylurea) and its metabolites 
convertible to 3,4-dichloroaniline, calculated as linuron, in or on 
parsley, leaves at 0.25 ppm upon approval of the tolerances listed 
under ``New Tolerance'' for PP 2E8083. Contact: Laura Nollen, RD, (703) 
305-7390, email address: [email protected].

New Tolerance Exemption

    PP 2E8059. (EPA-HQ-OPP-2012-0795) Pioneer Hi-Bred International, 
Inc. (DuPont Pioneer), 7100 NW 62nd Avenue, P.O. Box 1000, Johnston, IA 
50131, requests to establish an exemption from the requirement of a 
tolerance for residues of the Glycine max herbicide-resistant 
acetolactate synthase (GM-HRA) enzyme when used as an inert ingredient 
as part of a plant-incorporated (PIP) in or on the food and feed 
commodities of soybean. The petitioner believes no analytical method is 
needed because an exemption from the requirement of a tolerance without 
numerical limitation is requested for GM-HRA enzyme as expressed in 
soybean. Contact: Susanne Cerrelli, BBPD, (703) 308-8077, email 
address: [email protected].

List of Subjects

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

    Dated: October 26, 2012.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2012-27193 Filed 11-6-12; 8:45 am]
BILLING CODE 6560-50-P