[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Proposed Rules]
[Pages 11126-11129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03600]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2013-0023; FRL-9378-4]


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.

-----------------------------------------------------------------------

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 March 18, 2013.

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 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 
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

[[Page 11127]]

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 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 Tolerances

    1. PP 2E8107. (EPA-HQ-OPP-2012-0899). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W., Princeton, 
NJ 08540, requests to establish tolerances in 40 CFR part 180 for 
residues of the insecticide fenpropathrin, alpha-cyano-3-phenoxybenzyl 
2,2,3,3-tetramethylcyclopropanecarboxylate, in or on barley, grain at 
0.04 parts per million (ppm); barley, hay at 3.0 ppm; barley, straw at 
2.0 ppm; vegetable, fruiting, group 8-10 at 1.0 ppm; fruit, citrus, 
group 10-10 at 2.0 ppm; fruit, pome, group 11-10 at 5.0 ppm; bushberry 
subgroup 13-07B at 3.0 ppm; fruit, vine climbing, except fuzzy 
kiwifruit, subgroup 13-07F at 5.0 ppm; and berry, low growing, subgroup 
13-07G at 2.0 ppm. Adequate analytical methodology is available to 
detect and quantify fenpropathrin at residue levels in numerous 
matrices. The methods use solvent extraction and partition and/or 
column chromatography clean-up steps, followed by separation and 
quantitation using capillary gas liquid chromatography (GLC) with flame 
ionization detector (FID). Contact: Andrew Ertman, (703) 308-9367, 
email address: [email protected].
    2. PP 2E8119. (EPA-HQ-OPP-2012-0949). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W., Princeton, 
NJ 08540, requests to establish tolerances in 40 CFR part 180 for 
residues of the fungicide triflumizole, [1-[1-((4-chloro-2-
(trifluoromethyl) phenyl)imino)-2propoxyethyl]-1H-imidazole] in or on 
tomato at 1.5 ppm; fruit, pome, group 11-10 at 0.5 ppm; fruit, small, 
vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 2.5 ppm; and 
berry, low growing, subgroup, 13-07G at 2.0 ppm. The analytical method 
is suitable for analyzing crops for residues of triflumizole and its 
aniline containing metabolites at the proposed tolerance levels. 
Residue levels of triflumizole are converted to FA-1-1 by acidic and 
alkaline reflux, followed by distillation. Residues are then extracted 
and subjected to solid phase extraction (SPE) purification. Detection 
and quantitation are conducted by gas chromatograph equipped with 
nitrogen phosphorus detector (GC/NPD), electron capture detector (ECD) 
or mass spectrometry detection (MSD). Contact: Andrew Ertman, (703) 
308-9367, email address: [email protected].

[[Page 11128]]

    3. PP 2E8125. (EPA-HQ-OPP-2013-0014). Bayer CropScience, 2 T.W. 
Alexander Drive, Research Triangle Park, NC 27709, requests to 
establish tolerances in 40 CFR part 180 for residues of the herbicide 
indaziflam, (N-[(1R, 2S)-2,3-dihydro-2,6-dimethyl-1H-inden-1-yl-1,3,5-
triazine-2,4-diamine]-6-(1-fluoroethyl)) and its fluoroethyl-indaziflam 
metabolite, each expressed as the parent compound, in or on banana at 
0.01 ppm; coffee at 0.01 ppm; and palm oil at 0.03 ppm. Indaziflam, 
residues are quantified in raw agricultural commodities by high 
pressure liquid chromatography/triple stage quadrupole mass 
spectrometry (LC/MS/MS) using the stable isotopically labeled analytes 
as internal standards. Contact: Maggie Rudick, (703) 347-0257, email 
address: [email protected].
    4. PP 2F8055. (EPA-HQ-OPP-2013-0010). KIM-C1, LLC, 2547 West Shaw 
Avenue, Suite 116, Fresno, CA 93711, requests to establish temporary 
tolerances in 40 CFR part 180 for residues of the plant growth 
regulator forchlorfenuron, N-(2-chloro-4-pyridinyl-N'-phenylurea, in or 
on almond; cherry, sweet; fig; pear; pistachio; plum; prune at 0.01 
ppm; and the processed commodity almond, hulls at 0.15 ppm. The visible 
ultraviolet (UV) detector and mass spectrophotometer (MS) detector are 
used to measure and evaluate the chemical forchlorfenuron. Contact: 
Marcel Howard, (703) 305-6784, email address: [email protected].
    5. PP 2F8086. (EPA-HQ-OPP-2012-0919). Dow AgroSciences (DAS), LLC, 
9330 Zionsville Road, Indianapolis, IN 46268, requests to establish 
tolerances in 40 CFR part 180 for residues of the herbicide halauxifen-
methyl, including its metabolites and degradates, in or on the 
commodities listed below. Compliance with the tolerance levels 
specified is to be determined by measuring the combined residues of 
halauxifen-methyl (Methyl 4-amino-3-chloro-6-(4-chloro-2-fluoro-3-
methoxyphenyl)pyridine-2-carboxylate) and halauxifen (4-amino-3-chloro-
6-(4-chloro-2-fluoro-3-methoxyphenyl) pyridine-2-carboxylic acid) 
expressed as halauxifen-methyl (parent) equivalents, in or on barley, 
grain at 0.01 ppm; barley, hay at 0.01 ppm; barley, straw at 0.01 ppm; 
cattle, fat at 0.01 ppm; cattle, meat at 0.01 ppm; cattle, meat 
byproducts at 0.01 ppm; goat, fat at 0.01 ppm; goat, meat at 0.01 ppm; 
goat, meat byproducts at 0.01 ppm; horse, fat at 0.01 ppm; horse, meat 
at 0.01 ppm; horse, meat byproducts at 0.01 ppm; milk at 0.01 ppm; 
sheep, fat at 0.01 ppm; sheep, meat at 0.01 ppm; sheep, meat byproducts 
at 0.01 ppm; wheat, forage at 0.5 ppm; wheat, grain at 0.01 ppm; wheat, 
hay at 0.04 ppm; wheat, straw at 0.015 ppm. The residue profile of 
halauxifen-methyl and halauxifen is adequately understood and an 
acceptable analytical method is available for enforcement purposes. The 
DAS analytical method study number 110004 outlining the ``Method 
Validation for the Determination of Residues of Halauxifen-methyl 
Ester, and Halauxifen in Agricultural Commodities, and Wheat Processed 
Products using Offline Solid-Phase Extraction, and Liquid 
Chromatography with Mass Spectrometry Detection'' was validated on a 
variety of plant matrices. Contact: Maggie Rudick, (703) 347-0257, 
email address: [email protected].
    6. PP 2F8104. (EPA-HQ-OPP-2013-0011). KIM-C1, LLC, 2547 West Shaw 
Avenue, Suite 116, Fresno, CA 93711, requests to establish tolerances 
in 40 CFR part 180 for residues of the plant growth regulator 
forchlorfenuron, N-(2-chloro-4-pyridinyl-N'-phenylurea, in or on 
almond; cherry, sweet; fig; pear; pistachio; plum; and prune at 0.04 
ppm and the processed commodity almond, hulls, at 0.15 ppm. The UV 
detector and MS detector are used to measure and evaluate the chemical 
forchlorfenuron. Contact: Marcel Howard, (703) 305-6784, email address: 
[email protected].
    7. PP 2F8120. (EPA-HQ-OPP-2013-0008). Dow AgroSciences, 9330 
Zionsville Road, Indianapolis, IN 46268, requests to establish 
tolerances in 40 CFR part 180 for combined residues of the 
aminopyralid, (XDE-750: 4-amino-3,6-dichloropyridine-2-carboxylic acid) 
and its glucose conjugate, expressed as total parent, in or on fish--
shellfish, mollusc at 0.01 ppm; fish--shellfish, crustacean at 0.01 
ppm; fish--freshwater finfish at 0.04 ppm. Adequate analytical methods 
for enforcement purposes are available to monitor residues of 
aminopyralid in fish and shellfish. The analytical method GRM 07.08 
uses liquid chromatography and positive ion electrospray tandem 
spectrometry (LC/MS/MS). Contact: Bethany Benbow, (703) 347-8072, email 
address: [email protected].
    8. PP 2F8135. (EPA-HQ-OPP-2013-0051). Syngenta Crop Protection, 
LLC., P.O. Box 18300, Greensboro, NC 27419-8300, requests to establish 
a tolerance in 40 CFR part 180 for residues of the fungicide 
propiconazole, 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] 
methyl]-1H-1,2,4-triazole, and its metabolites determined as 2,4,-
dichlorobenzoic acid and expressed as parent compound, in or on 
rapeseed subgroup 20A at 0.3 ppm. The metabolism data in plants and 
animals suggest that analytical methods to detect either the phenyl or 
the triazole ring would be appropriate for the measurement of residues. 
However, because of the natural occurrence of compounds that interfere 
with the measurement of triazoles, methods designed to detect this 
moiety have been proven unreliable and unacceptable. Conversely, 
conversion of phenyl moiety to 2,4-dichlorobenzoic acid (DCBA) has 
proven to be satisfactory for all agricultural products analyzed to 
date. Analytical methods AG-626 and AG-454A were developed for the 
determination of residues of propiconazole and its metabolites 
containing the DCBA moiety. Analytical method AG-626 has been accepted 
and published by EPA as the tolerance enforcement method for crops. 
Contact: Erin Malone, (703) 347-0253, email address: 
[email protected].

Amended Tolerances

    1. PP 2E8107. (EPA-HQ-OPP-2012-0899). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W., Princeton, 
NJ 08540, requests to amend the tolerances in 40 CFR 180.466 for 
residues of the insecticide fenpropathrin, alpha-cyano-3-phenoxybenzyl 
2,2,3,3-tetramethylcyclopropane-carboxylate, by removing the 
established tolerances in or on the following commodities and crop 
groups: Vegetable, fruiting, group 8; fruit, citrus, group 10; fruit, 
pome, group 11; bushberry subgroup 13B; Juneberry; salal; grape; and 
strawberry, upon approval of the proposed tolerances listed under ``New 
Tolerance'' for PP 2E8107. Contact: Andrew Ertman, (703) 308-9367, 
email address: [email protected].
    2. PP 2F8129. (EPA-HQ-OPP-2013-0015). BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528, requests 
to amend 40 CFR 180.649 by amending tolerances for residues of 
saflufenacil, including its metabolites and degradates, in or on the 
raw agricultural commodities rice straw at 0.30 ppm. In addition, the 
current commodity definition, ``Grain, cereal, forage, fodder and straw 
group 16'' would be revised to ``Grain, cereal, forage, fodder and 
straw group 16 (except rice straw)''. Compliance with the tolerances 
levels is to be determined by measuring only the sum 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-

[[Page 11129]]

(trifluoromethyl)-3,6-dihydro-1(2H)-pyrimidinyl)-4-fluorobenzoyl]-N'-
isopropyl sulfamide and N-[4-chloro-2-fluoro-5-
(([(isopropylamino)sulfonyl]amino)carbonyl) phenyl]urea, calculated as 
the stoichiometric equivalent of saflufenacil, in or on the 
commodities. Adequate enforcement methodology (liquid chromatography/
mass spectrometry/mass spectrometry (LCMS/MS) methods D0603/02 (plants) 
and L0073/01 (livestock)) is available to enforce the tolerance 
expression. Contact: Bethany Benbow, (703) 347-8072, email address: 
[email protected].

New Tolerance Exemptions

    1. PP IN-10524. (EPA-HQ-OPP-2012-0908). Ecolab, Inc., 370 N. 
Wabasha Street, St. Paul, MN 55102, requests to establish an exemption 
from the requirement of a tolerance for residues of Sorbitan, mono-9-
octadecenoate, poly(oxy-1,2-ethanediyl) derivs., (Z)- (CAS No. 9005-65-
6) when used as a pesticide inert ingredient in antimicrobial pesticide 
formulations applied to food-contact surfaces in public eating places, 
dairy processing equipment, and food processing equipment, and utensils 
in accordance with 40 CFR 180.940(a). The petitioner believes no 
analytical method is needed because it is not applicable to this inert 
ingredient petition. Contact: Lisa Austin, (703) 305-7894, email 
address: [email protected].
    2. PP IN-10527. (EPA-HQ-OPP-2013-0003). Ecolab, Inc., 370 N. 
Wabasha Street, St. Paul, MN 55102, requests to establish an exemption 
from the requirement of a tolerance for residues of FD&C Green No. 3, 
Disodium salt, (CAS No. 2353-45-9) when used as a pesticide inert 
ingredient in antimicrobial pesticide formulations applied to food-
contact surfaces in public eating places, dairy processing equipment, 
and food processing equipment, and utensils in accordance with 40 CFR 
180.940(a). The petitioner believes no analytical method is needed 
because it is not applicable to this inert ingredient petition. 
Contact: Elizabeth Fertich, (703) 347-8560, email address: 
[email protected].
    3. PP IN-10540. (EPA-HQ-OPP-2013-0043). AgroFresh, Inc., 727 
Norristown Road, Spring House, PA 19477-0904, requests to establish an 
exemption from the requirement of a tolerance for residues of Styrene-
ethylene-propylene block copolymer (CAS No. 108388-87-0), number 
average molecular weight greater than 100,000 daltons in or on all raw 
agricultural commodities under 40 CFR 180.960 when used as a suspension 
agent in agricultural formulations. The petitioner believes no 
analytical method is needed based on the fact that this information is 
generally not required when all criteria for polymer exemption are met 
and when petitioning for an exemption from the requirements of a 
tolerance without any numerical limitations. Contact: David Lieu, (703) 
305-0079, email address: [email protected].
    4. PP 2E8040. (EPA-HQ-OPP-2013-0057). Advanced Polymer Technology, 
109 Conica Lane, P.O. Box 160, Harmony, PA 16037, requests to establish 
an exemption from the requirement of a tolerance for residues of castor 
oil, polymer with adipic acid, linoleic acid, oleic acid, and 
ricinoleic acid, (CAS No. 1357486-09-9) 3,748 amu under 40 CFR 180.960 
when used as an inert ingredient in pesticide formulations as a 
solubilizer without limitations. Advanced Polymer Technology is 
petitioning that castor oil, polymer with adipic acid, linoleic acid, 
oleic acid and ricinoleic acid be 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: David Lieu, (703) 305-0079, 
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: February 7, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2013-03600 Filed 2-14-13; 8:45 am]
BILLING CODE 6560-50-P