[Federal Register Volume 79, Number 35 (Friday, February 21, 2014)]
[Proposed Rules]
[Pages 9870-9872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03728]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2013-0023; FRL-9904-98]


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 March 24, 2014.

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: Robert McNally, Biopesticides and 
Pollution Prevention Division (BPPD) (7511P), email address: 
[email protected]; or Lois Rossi, Registration Division (RD) 
(7505P), email address: [email protected]; main telephone number: 
(703) 305-7090; Office of Pesticide Programs, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. As part 
of the mailing address, include the contact person's name, division, 
and mail code.

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).
    [emsp14]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

[[Page 9871]]

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 3E8162. (EPA-HQ-OPP-2013-0714). Technology Sciences Group on 
behalf of Isagro S.p.A., 1150 18th Street NW., Suite 1000, Washington, 
DC 20036, requests to establish import tolerances in 40 CFR part 180 
for residues of the fungicide benalaxyl-M, in or on grape at 1.1 parts 
per million (ppm); grape, juice at 1.1 ppm; grape, wine at 1.1 ppm; 
grape, raisin at 2.2 ppm; tomato at 0.25 ppm; and tomato, processed at 
0.25 ppm. The liquid chromatography (LC) with a mass spectrometer (MS) 
detector is used to measure and evaluate residues of benalaxyl-M for 
the proposed uses. (RD)
    2. PP 3E8212. (EPA-HQ-OPP-2013-0768). 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 herbicide pendimethalin, [N-(1-ethylpropyl)-
3,4-dimethyl-2,6-dinitrobenzenamine], and its metabolite, 4-[(1-
ethylpropyl)amino]-2-methyl-3,5-dinitrobenzyl alcohol, calculated as 
the stoichiometric equivalent of pendimethalin, in or on berry, low 
growing subgroup 13-07G at 0.1 ppm; fruit, citrus, group 10-10 at 0.1 
ppm; fruit, pome, group 11-10 at 0.1 ppm; fruit, stone, group 12-12 at 
0.1 ppm; hops, dried cones at 0.1 ppm; onion, bulb subgroup 3-07A at 
0.1 ppm; onion, green subgroup 3-07B at 0.2 ppm; sunflower, subgroup 
20B at 0.1 ppm; and vegetable, fruiting, group 8-10 at 0.1 ppm. In 
plants, the analytical method is aqueous organic solvent extraction, 
column clean up, and quantitation by gas chromatography (GC). The 
method has a limit of quantitation (LOQ) of 0.05 ppm for pendimethalin 
and the alcohol metabolite. (RD)

Amended Tolerance

    PP 3E8212. (EPA-HQ-OPP-2013-0768). Interregional Research Project 
Number 4 (IR-4), 500 College Road East, Suite 201 W., Princeton, NJ 
08540, requests to remove the existing tolerances in 40 CFR 180.361 for 
residues of the herbicide pendimethalin, [N-(1-ethylpropyl)-3,4-
dimethyl-2,6-dinitrobenzenamine], and its metabolite, 4-[(1-
ethylpropyl)amino]-2-methyl-3,5-dinitrobenzyl alcohol, calculated as 
the stoichiometric equivalent of pendimethalin, in or on fruit, citrus, 
group 10 at 0.1 ppm; fruit, pome, group 11 at 0.1 ppm; fruit, stone, 
group 12 at 0.1 ppm; garlic at 0.1 ppm; leek at 0.20 ppm; onion, bulb 
at 0.1 ppm; onion, green at 0.20 ppm; onion, welsh at 0.20 ppm; shallot 
at 0.20 ppm; strawberry at 0.10 ppm; sunflower seed at 0.10 ppm; and 
vegetable, fruiting, group 8 at 0.10 ppm, upon establishment of the 
proposed tolerances listed in paragraph 2. under ``New Tolerance''. 
(RD)

New Tolerance Exemption

    1. PP 3E8181. (EPA-HQ-OPP-2013-0761). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W., 
Princeton, NJ 08540, requests to establish an exemption from the 
requirement of a tolerance for residues of the herbicide, Tobacco mild 
green mosaic tobamovirus U2 (TMGMV), in or on all commodities of crop 
group 17 (grass forage, fodder, and hay group) and crop group 18 
(nongrass animal feeds (forage, fodder, straw, and hay) group). The 
petitioner believes no analytical method is needed because Tobacco mild 
green mosaic tobamovirus U2 is already present in the environment; 
therefore, any applied pesticide containing TMGMV would be 
indistinguishable from that which is naturally occurring. Additionally, 
since an exemption from the requirement of a tolerance is being 
requested, there is no need to analyze for pesticidal residues. (BPPD)
    2. PP 2F8102. (EPA-HQ-OPP-2012-0963). BASF Corporation, 26 Davis 
Dr., Research Triangle Park, NC 27709, requests to establish an 
exemption from the requirement of a tolerance for residues of the 
fungicide, Trichoderma fertile strain JM41R, in or on all food 
commodities. The petitioner believes no analytical method is needed 
because, as proposed, the use of Trichoderma fertile strain JM41R would 
not result in residues that are of toxicological concern. (BPPD)
    3. PP IN-10630. (EPA-HQ-OPP-2013-0756). Clariant Corporation, 4000 
Monroe Road, Charlotte, NC 28205, requests to establish an exemption 
from the requirement of a tolerance for the use of secondary alkane 
(C13-C17) sulfonates (C13-
C17 SAS) as pesticide inert ingredients (as surfactants) for 
use in food crops in accordance with 40 CFR 180.920 (pre-harvest) for 
seed treatment and foliar applications pursuant to section 408(d)(1) of 
the Federal Food, Drug, and Cosmetic Act (FFDCA). There are currently 
no approved non-food uses or food use tolerance exemptions for 
C13-C17 SAS as a pesticide inert ingredient. The 
following CAS Registry Numbers (CAS No.) are supported by way of this 
petition: Sulfonic acids, C13-C17 sec-alkane (CAS 
No. 85711-69-9); and sulfonic acids, C14-C17 sec-
alkane (CAS No. 97489-15-1). The petitioner believes no analytical 
method is needed because it is not required for the establishment of a 
tolerance exemption for inert ingredients. (RD)
    4. PP IN-16031. (EPA-HQ-OPP-2013-0757). Clariant Corporation, 4000 
Monroe Road, Charlotte, NC 28205, requests to establish an exemption 
from the requirement of a tolerance for residues of C.I. Pigment Red 
112 (CAS No. 6535-46-2), also known as 3-hydroxy-N-(2-methylphenyl)-4-
[2-(2,4,5-trichlorophenyl)diazenyl]-naphthalene-2-carboxamide), as a 
seed treatment pigment, not to exceed 10% wt/wt, under 40 CFR 180.920 
pursuant to section 408(d)(1) of the Federal Food, Drug, and Cosmetic 
Act (FFDCA). There are currently no approved non-food uses or food use 
tolerance exemptions for C.I. Pigment Red 112 as a pesticide inert 
ingredient. The petitioner believes no analytical method is needed 
because it is not required for the establishment of a tolerance 
exemption for inert ingredients. (RD)

Amended Tolerance Exemption

    PP IN-10658. (EPA-HQ-OPP-2013-0796). Spring Trading Co., 10805W. 
Timberwagon Circle, Spring, TX 77380-4030, on behalf of Croda, Inc., 
315 Cherry Lane, New Castle, DE 19720, requests to amend 40 CFR part 
180.960 to establish an exemption from the requirement of tolerances 
for polyoxyalkylated trimethylopropanes with 20 to 80 moles of ethylene 
and/or

[[Page 9872]]

propylene oxide, fatty acid esters with C8 through 
C22 aliphatic alkanoic and/or alkenoic fatty acids, branched 
or linear, the resulting polyoxyalkylene trimethylopropane esters 
having a minimum molecular weight of 1,500 in or on growing crops, pre- 
or post[hyphen]harvest or in products to treat animals. The requested 
CAS Nos. are: 25765-36-0; 29860-47-7; 37339-03-0; 52624-57-4; 58090-24-
7; 63964-38-5; 72939-62-9; 74521-14-5; 75300-70-8; 75300-90-2; 84271-
03-4; 84271-04-5; 86850-92-2; 107120-02-5; 133331-01-8; 137587-60-1; 
149797-40-0; 149797-41-1; 150695-97-9; 152130-24-0; 163349-94-8; 
163349-95-9; 163349-96-0; 163349-97-1; 163349-98-2; 165467-70-9; 
183619-46-7; 183619-50-3; 185260-01-9; 202606-04-0; 210420-84-1; 
233660-70-3; 263011-96-7; 283602-94-8; 701980-40-7; 872038-58-9; 
875709-44-7; 875709-45-8; 875709-46-9; 875709-47-0; 879898-63-2; 
910038-01-6; 1190748-04-9; 1225384-02-0; 1428944-41-5; and 1446498-15-
2. An analytical method is not required for enforcement purposes since 
the Agency is establishing an exemption from the requirement of a 
tolerance without any numerical limitation. (RD)

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 10, 2014.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2014-03728 Filed 2-20-14; 8:45 am]
BILLING CODE 6560-50-P