[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Proposed Rules]
[Pages 10458-10461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03861]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0008; FRL-9906-77]


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 27, 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: 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).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed under FOR 
FURTHER INFORMATION CONTACT.

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.

[[Page 10459]]

    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 Tolerance

    1. PP 3E8211. (EPA-HQ-OPP-2013-0255). 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 metrafenone, (3-bromo-6-methoxy-2-
methylphenyl)(2,3,4-trimethoxy-6-methylphenyl)methanone, in or on 
apricot at 0.7 parts per million (ppm); cherry, subgroup 12-12A at 2.0 
ppm; fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-
07F at 4.5 ppm; hop, dried cones at 70.0 ppm; peach, subgroup 12-12B at 
0.7 ppm; and vegetable, cucurbit, group 9 at 0.5 ppm. The residues of 
parent metrafenone in/on cherry, hops, peach, cucumber, cantaloupe, and 
squash raw agricultural commodities (RAC) samples were quantitated 
using a liquid chromatography/mass spectrometer/mass spectrometer (LC/
MS/MS) multi-residue QuEChERS method (BASF Study No. 398340). An 
independent laboratory validation demonstrated good performance of the 
QuEChERS method.
    2. PP 3E8215. (EPA-HQ-OPP-2013-0797). 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 boscalid, 3-pyridinecarboxamide,2-chloro-N-
(4'-chloro[1,1'-biphenyl]-2-yl), in or on herb, subgroup 19A at 190 
ppm; and dill, seed at 300 ppm. In plants, the parent residue is 
extracted using an aqueous organic solvent mixture followed by liquid/
liquid partitioning and a column clean up. Quantitation is by GC using 
MS (GC/MS). In livestock, the residues are extracted with methanol. The 
extract is treated with enzymes in order to release the conjugated 
glucuronic acid metabolite. The residues are then isolated by liquid/
liquid partition followed by column chromatography (CC). The 
hydroxylated metabolite is acetylated followed by a column clean-up. 
The parent and acetylated metabolite are quantitated by GC with 
electron capture detection (GC/ECD).
    3. PP 3E8216. (EPA-HQ-OPP-2013-0798). 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 pyraclostrobin, carbamic acid, [2-[[[1-(4-
chlorophenyl)-1H-pyrazol-3-yl]oxy]methyl]phenyl]methoxy-, methyl ester 
and its desmethoxy metabolite (methyl-N-[[[1-(4-chlorophenyl)-1H-
pyrazol-3-yl]oxy]methyl] phenylcarbamate) (BF 500-3); expressed as 
parent compound, in or on herb, subgroup 19A at 85 ppm; and dill, seed 
at 100 ppm. In plants, the method of analysis is aqueous organic 
solvent extraction, column clean up and quantitation by LC/MS/MS. In 
animals, the method of analysis involves base hydrolysis, organic 
extraction, column clean up and quantitation by LC/MS/MS or 
derivatization (methylation) followed by quantitation by GC/MS.
    4. PP 3E8223. (EPA-HQ-OPP-2014-0110). 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 molluscicide metaldehyde, 2,4,6,8-tetramethyl-1,3,5,7-
tetroxocane, in or on clover, forage at 0.5 ppm; clover, hay at 0.5 
ppm; ginseng at 0.05 ppm; vegetable legume, edible podded, subgroup 6A 
at 0.8 ppm; pea and bean, succulent shelled, subgroup 6B at 0.2 ppm; 
vegetable, foliage of legume, except soybean, subgroup 7A at 1.5 ppm; 
tomato subgroup 8-10A at 0.24 ppm; and fruit, citrus, group 10-10 at 
0.26 ppm. Clover, forage and clover, hay are proposed as tolerances 
with regional registrations. A GC/MS analytical method has been 
developed for analyzing residues of metaldehyde in food crops including 
all of the crops identified above. The limit of quantitation (LOQ) for 
the method is 0.05 ppm.
    5. PP 4F8229. (EPA-HQ-OPP-2014-0124). BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528, requests 
to establish a tolerance in 40 CFR part 180 for residues of the 
herbicide 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{time}  carbonyl)phenyl]urea, 
calculated as the stoichiometric equivalent of saflufenacil, in or on 
olive at 0.03 ppm. Adequate enforcement methodology, LC/MS/MS methods, 
for plant and livestock commodities are available to enforce the 
tolerance expression.

[[Page 10460]]

Amended Tolerance

    1. PP 2E8138. (EPA-HQ-OPP-2013-0653). Bayer CropScience LP, P.O. 
Box 12014, 2 T.W. Alexander Drive, Research Triangle Park, NC 27709, 
requests to amend their previously requested tolerances in 40 CFR part 
180 by establishing: An increased tolerance for the fungicide 
tebuconazole, in or on orange, juice from 0.15 ppm to 0.7 ppm; a 
decreased tolerance in or on orange, oil from 400 ppm to 200 ppm; the 
proposed tolerance for orange, whole fruit remained the same at 1 ppm. 
An enforcement method for plant commodities has been validated on 
various commodities. It has undergone successful EPA validation and has 
been submitted for inclusion in Pesticide Analytical Method, Volume II 
(PAM II). The animal method has also been approved as an adequate 
enforcement method.
    2. PP 3E8211. (EPA-HQ-OPP-2013-0255). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, 
NJ 08540, requests to remove the existing tolerance in 40 CFR 180.624 
for residues of the fungicide metrafenone, (3-bromo-6-methoxy-2-
methylphenyl)(2,3,4-trimethoxy-6-methylphenyl) methanone, in or on 
grape at 4.5 ppm, upon establishment of the proposed tolerances listed 
in paragraph 1. under ``New Tolerance.''
    3. PP 3E8215. (EPA-HQ-OPP-2013-0797). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, 
NJ 08540, requests to update the existing crop groups in 40 CFR 180.589 
for residues of the fungicide boscalid, 3-pyridinecarboxamide,2-chloro-
N-(4'-chloro[1,1'-biphenyl]-2-yl), by changing them from ``fruit, 
stone, group 12 at 3.5 ppm'' to ``fruit, stone, group 12-12 at 3.5 
ppm''; and ``nut, tree, group 14 at 0.70 ppm'' to ``nut, tree, group 
14-12 at 0.70 ppm''; and, in addition, remove the existing tolerance 
for ``pistachio at 0.70 ppm.''
    4. PP 3E8216. (EPA-HQ-OPP-2013-0798). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, 
NJ 08540, requests to update the existing crop groups in 40 CFR 180.582 
for residues of the fungicide pyraclostrobin, carbamic acid, [2-[[[1-
(4-chlorophenyl)-1H-pyrazol-3-yl]oxy]methyl] phenyl]methoxy-, methyl 
ester and its desmethoxy metabolite (methyl-N-[[[1-(4-chlorophenyl)-1H-
pyrazol-3-yl]oxy]methyl] phenylcarbamate) (BF 500-3); expressed as 
parent compound, by changing them from ``fruit, stone, group 12 at 2.5 
ppm'' to ``fruit, stone, group 12-12 at 2.5 ppm''; and ``nut, tree, 
group 14 at 0.04 ppm'' to ``nut, tree, group 14-12, except pistachio at 
0.04 ppm.
    5. PP 3E8223. (EPA-HQ-OPP-2014-0110). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, 
NJ 08540, requests to amend 40 CFR 180.523 by removing the established 
tolerances for residues of the molluscicide metaldehyde, 2,4,6,8-
tetramethyl-1,3,5,7-tetroxocane, in or on fruit, citrus, group 10 at 
0.26 ppm; and tomato at 0.24 ppm, upon establishment of the proposed 
tolerances listed in paragraph 4. under ``New Tolerance.''
    6. PP 4E8243. (EPA-HQ-OPP-2014-0143). Taminco US, Inc., Two Windsor 
Plaza, Suite 411, Allentown, PA 18195, requests to amend 40 CFR 180.132 
by amending a time-limited import tolerance for residues of the 
fungicide thiram, in or on banana at 0.8 ppm. The time-limited 
tolerance is proposed for extension to March 31, 2015. Banana samples 
were analyzed according to Analytical Method No. Meth-100, Revision 
4, ``Determination of Thiram in Raw Agricultural Commodities, 
Processed Commodities and Other Plant Material.'' Detection and 
quantitation for thiram (as CS2) were conducted using GC 
employing sulfur-specific flame photometric detection (FPD). The limit 
of quantitation (LOQ) was 0.05 ppm.
    7. PP 3F8200. (EPA-HQ-OPP-2013-0264). Y-TEX Corporation, 1825 Big 
Horn Avenue, P.O. Box 1450, Cody, WY 82414, requests to amend their 
previously requested tolerance in 40 CFR part 180 by establishing an 
increased tolerance for the combined residues of the insecticide 
avermectin B1 (a mixture of avermectins containing greater 
than or equal to 80% avermectin B1a (5-O-demethyl avermectin 
A1) and less than or equal to 20% avermectin B1b 
(5-O-demethyl-25-de(1-methylpropyl)-25-(1-methylethyl) avermectin 
A1)) and its delta-8,9-isomer, in or on milk from 0.005 ppm 
to 0.01 ppm. The analytical method is titled ``Determination of 
Macrocyclic Lactone Residues in Animal Tissues and Milk,'' referenced 
as Method No. AATM-R-53, Revision 9, Agrisearch Analytical Pty Ltd, 
August 2011. The method involves mixing the sample with acetonitrile, 
evaporation, filtration, partition, extraction and cleanup with 
analysis by high performance liquid chromatography (HPLC)--fluorescence 
detection. The method has undergone independent laboratory validation 
as required by Pesticide Registration Notice 96-1.

New Tolerance Exemption

    PP IN-10654. (EPA-HQ-OPP-2014-0073). Ecolab, Inc., EPA Company 
Number 1677, 370 N. Wabasha Street, St. Paul, MN 55102, requests to 
establish an exemption from the requirement of a tolerance for residues 
of sulfuric acid, (CAS No. 7664-93-9), for use as an 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 required for the establishment of a tolerance exemption for inert 
ingredients.

Amended Tolerance Exemption

    PP IN-10544. (EPA-HQ-OPP-2013-0210). Spring Trading Co., 10805 W. 
Timberwagon Circle, Spring, TX 77380-4030, on behalf of Akzo Nobel 
Surface Chemistry, LLC, 525 West Van Buren, Chicago, IL 60607-3823, is 
requesting a change in the 40 CFR sections under which the requested 
tolerance exemptions would be established from 180.920, 180.930, or 
180.960 to 180.910, 180.930, 180.940(a) or 180.960. Their initial 
Notice of Filing (NOF) published in the Federal Register of July 19, 
2013 (78 FR 43115) (FRL-9392-9), where EPA issued a notice pursuant to 
section 408 of FFDCA, 21 U.S.C. 346a, announcing the filing of a 
pesticide petition (IN-10544). The petitioner is now requesting, 
pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act 
(FFDCA). 21 U.S.C. 346a(d), to amend 40 CFR part 180 to amend the 
exemption from the requirement of a tolerance for [alpha]-alkyl-
[omega]-hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers 
where the alkyl chain contains a minimum of six carbons under 40 CFR 
180.910, 180.930, 180.940(a) or 180.960 in or on the raw agricultural 
commodities after harvest or growing crops, animals and food contact 
surface sanitizing solutions and [alpha]-alkyl-[omega]-hydroxypoly 
(oxypropylene) and/or poly (oxyethylene) polymers where the alkyl chain 
contains a minimum of six carbons, minimum number average molecular 
weight (in amu) 1,100 to include: Alcohols, cetyl oleyl, ethoxylated, 
propoxylated (CAS No. 116810-31-2). 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.

[[Page 10461]]

List of Subjects

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

    Dated: February 12, 2014.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2014-03861 Filed 2-24-14; 8:45 am]
BILLING CODE 6560-50-P