[Federal Register Volume 79, Number 100 (Friday, May 23, 2014)]
[Proposed Rules]
[Pages 29729-29732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11904]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0008; FRL-9910-29]


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 June 23, 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 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 305-7090; email address: [email protected].

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

[[Page 29730]]

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 Tolerance

    1. PP 3E8178. (EPA-HQ-OPP-2014-0297). PHARMAQ AS, P.O. Box 267 
Skoyen, N-0213 Oslo, Norway c/o Center for Regulatory Services Inc., 
PHARMAQ AS, 5200 Wolf Run Shoals Road, Woodbridge, VA 22192, requests 
to establish an import tolerance in 40 CFR part 180 for residues of the 
insecticide deltamethrin, [(1R, 3R)-3(2,2-dibromovinyl)-2,2-
dimethylcyclopropane-carboxylic acid (S)-alpha-cyano-3-phenoxybenzyl 
ester] and its major metabolites trans-deltamethrin [(s)-alpha-cyano-3-
phenoxybenzyl-(1R, 3S) -3-(2,2-dibromovinyl)-2,2-
dimethylcyclopropanecarboxylate] and alpha-R-deltamethrin [(R)-
alphacyano-3-phenoxybenzyl-(1R, 3R)-3-(2,2-dibromovinyl)-2,2-
dimethylcyclopropanecarboxylate], in or on Fin fish at 0.01 parts per 
million (ppm). A gas chromatography-mass spectrometry (GC-MS) method 
for determination of deltamethrin in Fish has been submitted to the 
EPA.
    2. PP 3E8226. (EPA-HQ-OPP-2014-0207). Cheminova A/S, 1600 Wilson 
Blvd., Suite 700, Arlington, VA 22209-2510, requests to establish 
import tolerances in 40 CFR part 180 for residues of the insecticide 
gamma-cyhalothrin, in or on Fruit, citrus, group 10-10 at 0.07 ppm; 
Citrus, dried pulp at 0.2 ppm; and Citrus, oil at 3.5 ppm. An adequate 
analytical method for determining lambda-cyhalothrin in plant matrices 
has been previously submitted and accepted by EPA. (Note: The 
analytical enforcement methods for lambda-cyhalothrin are applicable 
for determination of gamma-cyhalothrin residues.)
    3. PP 3E8228. (EPA-HQ-OPP-2014-0248). Syngenta Crop Protection, 
LLC, P.O. Box 18300, Greensboro, NC 27419-8300, requests to establish 
import tolerances in 40 CFR part 180 for residues of the fungicide 
azoxystrobin, (methyl (E)-2-{2-[6-(2-cyanophenoxy)pyrimidin-4-
yloxy]phenyl{time} -3-methoxyacrylate) and the Z isomer of 
azoxystrobin, (methyl (Z)-2-{2-[6-(2-cyanophenoxy)pyrimidin-4-
yloxy]pheny1{time} -3-methoxyacrylate) in or on the agricultural 
commodities, in or on Coffee, bean, green at 0.03 ppm; Pear, Asian at 
0.07 ppm; and Tea at 10 ppm. An adequate analytical method, GC with 
nitrogen-phosphorus detection (GC-NPD) or in mobile phase by high 
performance liquid chromatography with ultra-violet detection (HPLC-
UV), is available for enforcement purposes with a limit of detection 
that allows monitoring of food with residues at or above the levels set 
in these tolerances. The Analytical Chemistry section of the EPA 
concluded that the method(s) are adequate for enforcement. Analytical 
methods are also available for analyzing Meat, Milk, Poultry and Eggs 
which also underwent successful independent laboratory validations.
    4. PP 4E8239. (EPA-HQ-OPP-2014-0161). 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 
combined residues of the herbicide sethoxydim, 2-[1-
(ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-
one, and its metabolites containing the 2-cyclohexen-1-one moiety 
(calculated as the herbicide), in or on the following raw agricultural 
commodities: Berry, low growing,

[[Page 29731]]

subgroup 13-07H, except strawberry at 2.5 ppm; Bushberry, subgroup 13-
07B at 5.0 ppm; Caneberry subgroup 13-07A at 5.0 ppm; Fescue, forage at 
6.0 ppm; Fescue, hay at 4.0 ppm; Fruit, citrus, group 10-10 at 0.5 ppm; 
Fruit, pome, group 11-10 at 0.2 ppm; Fruit, small, vine climbing, 
subgroup 13-07F, except fuzzy kiwifruit at 1.0 ppm; Rapeseed subgroup 
20A at 35 ppm; Sunflower subgroup 20B, except safflower, seed at 7.0 
ppm; Cottonseed subgroup 20C at 5.0 ppm; Vegetable, bulb, group 3-07 at 
1.0 ppm; and Vegetable, fruiting, group 8-10 at 4.0 ppm. Analytical 
methods for detecting levels of sethoxydim and its metabolites in or on 
food with a limit of detection (LOD) that allows monitoring of food 
with residues at or above the level in these tolerances were submitted 
to EPA. The proposed analytical method involves extraction, partition, 
and clean-up. Samples are then analyzed by GC with sulfur-specific 
flame photometric detection. The limit of quantitation (LOQ) is 0.05 
ppm.
    5. PP 4E8244. (EPA-HQ-OPP-2014-0230). 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 residues of fungicide metconazole, 5-[(4-chlorophenyl)-
methyl]-2, 2-dimethyl-1-(1H-1,2,4-triazol-1-ylmethyl) cyclopentanol, 
measured as the sum of cis- and trans- isomers in or on the following 
raw agricultural commodities: Fruit, stone, group 12-12 at 0.2 ppm; 
Nut, tree, group 14-12 at 0.04 ppm; Pea and bean, dried shelled, except 
soybean, subgroup 6C at 0.15 ppm; Rapeseed subgroup 20A at 0.08 ppm; 
and Sunflower subgroup 20B at 0.9 ppm. Independently validated 
analytical methods have been submitted for analyzing parent metconazole 
residues with appropriate sensitivity for crops and processed 
commodities for which a tolerance is being requested.
    6. PP 3F8164. (EPA-HQ-OPP-2013-0644). Gowan Company, P.O. Box 5569, 
Yuma, AZ 85366, requests to establish a tolerance in 40 CFR part 180 
for residues of the fungicide, zoxamide (3, 5-dichloro-N-(3-chloro-1-
ethyl-1-methyl-2-oxopropyl)-4-methylbenzamide) and its metabolites 3,5-
dichloro-1,4-benzenedicarboxylic acid (RH-1455 and RH-141455) and 3,5-
dichloro-4-hydroxymethylbenzoic acid (RH-1452 and RH-141452) calculated 
as the stoichiometric equivalent of zoxamide, in or on Onion, bulb, 
subgroup 3-07A at 0.7 ppm. A GC with electron capture detection (GC/
ECD) and GC with mass selective detection (GC/MSD) are available for 
tolerance enforcement for plant commodities as primary and confirmatory 
methods, respectively. Adequate multiresidue methods are available for 
enforcement of tolerances for zoxamide only.
    7. PP 3F8187. (EPA-HQ-OPP-2013-0255). BASF Corporation, 26 Davis 
Drive, Research Triangle Park, NC 27709, requests to establish a 
tolerance in 40 CFR part 180 for residues of the metrafenone, (3-bromo-
6-methoxy-2-methylphenyl)(2,3,4-trimethoxy-6-methylphenyl)methanone in 
or on Vegetables, fruiting, group 8-10 at 1.0 ppm. The residues of 
parent metrafenone in/on Tomato and Pepper RAC samples were quantitated 
using an LC/MS/MS multi-residue QuEChERS method (BASF Study No. 
398340). The method was successfully validated on Tomatoes and Peppers 
in conjunction with these studies prior to analysis of the field 
samples. Acceptable concurrent method recovery data for Tomato and 
Pepper RAC samples were also obtained for metrafenone. The validated 
limit of quantitation (LOQ) for residues of metrafenone in/on Tomato 
and Pepper RAC samples was 0.01 ppm. The method LOD was 0.001 ppm, or 
approximately 10% of the LOQ. An independent laboratory validation 
demonstrated good performance of the QuEChERS method.
    8. PP 3F8190. (EPA-HQ-OPP-2013-0662). Bayer CropScience, 2 T.W. 
Alexander Drive, Research Triangle Park, NC 27709, requests to 
establish a tolerance in 40 CFR part 180 for residues of the fungicide, 
fluopyram (N-[2-[3-chloro-5-(trifluoromethyl)-2-pyridinyl]ethyl]-2-
(trifluoromethyl)benzamide), in or on Soybean, seed at 0.04 ppm; 
Cotton, seed at 0.01 ppm; Cotton, gin by-products at 0.80 ppm; Peanut 
at 0.09 ppm; Grain, cereal, group 15 except rice at 0.03 ppm; Grain, 
cereal, forage, group 16 at 1.5 ppm; and Grain, cereal, fodder, hay, 
and straw, group 16, at 2.0 ppm; and for residues of fluopyram and its 
metabolite 2-(trifluoromethyl)benzamide, expressed in parent 
equivalents in or on Milk at 0.10 ppm; Beef, fat at 0.10 ppm; Beef, 
byproducts at 0.70 ppm; Beef, meat at 0.10 ppm; Egg at 0.15 ppm; 
Poultry, fat at 0.10 ppm; Poultry, meat at 0.10 ppm; Poultry, meat 
byproducts at 0.20 ppm; Hog, fat at 0.05 ppm; Hog meat at 0.10 ppm; and 
Hog, meat byproducts at 0.70 ppm. Fluopyram is the residue of concern 
for enforcement in plant commodities required for analysis based on the 
metabolic profile. In animal commodities, the residue of concern is 
fluopyram and fluopyram-benzamide. The analytical methods involve 
solvent extraction, filtration and addition of an isotopically labeled 
internal standards followed by solid phase extraction. Quantitation is 
by LC-MS/MS.
    9. PP 3F8220. (EPA-HQ-OPP-2014-0114). E.I. du Pont de Nemours & 
Company (``DuPont''), 1007 Market Street, Wilmington, DE 19898, 
requests to establish tolerances in 40 CFR part 180 for residues of the 
fungicide oxathiapiprolin, 1-(4-{4-[(5RS)-5-(2,6-difluorophenyl)-4,5-
dihydro-1,2-oxazol-3-yl]-1,3-thiazol-2-yl{time} -1-piperidyl)-2-[5-
methyl-3-(trifluoromethyl)-1H-pyrazol-1-yl] ethanone, in or on the 
following commodities: Grapes (import tolerance) at 0.9 ppm; Vegetable, 
root and tuber vegetables, tuberous and corm vegetables (crop subgroup 
1C) at 0.01 ppm; Bulb vegetables, onion, bulb (crop subgroup 3-07A) at 
0.04 ppm; Bulb vegetables, onion, green (crop subgroup 3-07B) at 2 ppm; 
Fruiting vegetables (crop group 8-10) at 0.2 ppm; Cucurbit vegetables 
(crop group 9) at 0.2 ppm; Brassica (cole) leafy vegetables, head and 
stem Brassica (crop subgroup 5A) at 1.5 ppm; Leafy vegetables (except 
Brassica vegetables), Leafy greens (crop subgroup 4A) at 15 ppm; Peas, 
edible podded at 1 ppm; Peas, succulent, shelled at 0.05 ppm; and 
Ginseng root at 0.4 ppm. Adequate analytical methodology, HPLC-MS/MS 
detection, is available for enforcement purposes.
    10. PP 3F8227. (EPA-HQ-OPP-2014-0153). ISK Biosciences Corporation, 
7470 Auburn Road, Suite A, Concord, Ohio 44077, requests to establish 
tolerances in 40 CFR part 180 for residues of the fungicide 
pyriofenone, (5-chloro-2-methoxy-4-methyl-3-pyridinyl)(2,3,4-
trimethoxy-6-methylphenyl)methanone, including its metabolites and 
degradates, in or on Cucurbit Vegetables, (Crop Group 9) at 0.3 ppm; 
and Berry and Small Fruit (Crop Group 13-07), except Large shrub/tree 
berry subgroup 13-07C at 0.9 ppm. A practical analytical method for 
pyriofenone using liquid chromatography-mass spectrometry/MS (LC/MS/MS) 
is available for analysis of grapes. This method has been confirmed 
through independent laboratory validation and is available for 
enforcement purposes.

Amended Tolerance

    1. PP 4E8239. (EPA-HQ-OPP-2014-0161). 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 180.412 
for combined residues of the herbicide sethoxydim, 2-[1-
(ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-
one, and its metabolites

[[Page 29732]]

containing the 2-cyclohexen-1-one moiety (calculated as the herbicide), 
in or on the following commodities are removed, including: Blueberry at 
4.0 ppm; Borage, seed at 6.0 ppm; Caneberry subgroup 13A at 5.0 ppm; 
Canola, seed at 35.0 ppm; Cotton, undelinted seed at 5.0 ppm; Crambe, 
seed at 35.0 ppm; Cranberry at 2.5 ppm; Cuphea, seed at 35.0 ppm; 
Echium, seed at 35.0 ppm; Flax, seed at 5.0 ppm; Fruit, citrus, group 
10 at 0.5 ppm; Fruit, pome, group 11 at 0.2 ppm; Gold of pleasure, seed 
at 35.0 ppm; Grape at 1.0 ppm; Hare's ear mustard, seed at 35.0 ppm; 
Juneberry at 5.0 ppm; Lesquerella, seed at 35.0 ppm; Lingonberry at 5.0 
ppm; Lunaria, seed at 35.0 ppm; Meadowfoam, seed at 35.0 ppm; Milkweed, 
seed at 35.0 ppm; Mustard, seed at 35.0 ppm; Oil radish, seed at 35.0 
ppm; Poppy, seed at 35.0 ppm; Rapeseed, seed at 35.0 ppm; Salal at 5.0 
ppm; Sesame, seed at 35.0 ppm; Sunflower, seed at 7.0 ppm; Sweet 
rocket, seed at 35.0 ppm; Vegetable, bulb, group 3 at 1.0 ppm; and 
Vegetable, fruiting, group 8 at 4.0 ppm, upon establishment of the 
proposed tolerances listed in 4. under ``New Tolerance''.
    2. PP 4E8244. (EPA-HQ-OPP-2014-0230). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, 
NJ 08540, proposing, pursuant to section 408(d) of the Federal Food, 
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR 
180.617 by removing tolerances for residues of the fungicide 
metconazole, 5-[(4-chlorophenyl)-methyl]-2, 2-dimethyl-1-(1H-1,2,4-
triazol-1-ylmethyl) cyclopentanol, measured as the sum of cis- and 
trans- isomers in or on the following raw agricultural commodities: 
Canola seed at 0.04 ppm; Fruit, stone, group 12 at 0.2 ppm; Pistachio 
at 0.04 ppm; and Nut, Tree, Group 14 at 0.04 ppm. Upon establishment of 
the proposed tolerances listed in 5. under ``New Tolerance'', these 
previously established tolerances will be superseded by inclusion in 
crop group or subgroup tolerances established by this action.
    3. PP 3F8191. (EPA-HQ-OPP-2014-0225). Valent USA Corporation, 1101 
14th Street, NW., Suite 1050, Washington, DC 20005, requests to amend 
the tolerances in 40 CFR 180.627 for residues of the fungicide 
fluopicolide, [2,6-dichloro-N-[[3-chloro-5-(trifluoromethyl)-2-
pyridinyl]methyl]benzamide], including its metabolites and degradates, 
in or on Vegetable, tuberous and corm subgroup 1C from 0.02 ppm to 0.3 
ppm; and Potato, processed waste from 0.05 ppm to 0.3 ppm. Compliance 
with the tolerance levels specified below is to be determined by 
measuring only fluopicolide [2,6-dichloro-N-[[3-chloro-5-
(trifluoromethyl)-2-pyridinyl]methyl]benzamide] in or on the commodity. 
The Valent method RM-43C-1 by LC/MS/MS is used to measure and evaluate 
the chemical fluopicolide.
    4. PP 3F8214. (EPA-HQ-OPP-2014-0210). FMC Corporation, 1735 Market 
Street, Philadelphia, PA 19103, requests to amend the tolerances in 40 
CFR 180.418 for the residues of the insecticide zeta-cypermethrin, in 
or on Alfalfa, forage from 5.0 ppm to 15.0 ppm; and Alfalfa, hay from 
15.0 ppm to 30.0 ppm. There is a practical analytical method (gas 
chromatography with Electron Capture Detection) (GC/ECD) for detecting 
and measuring levels of cypermethrin and zeta-cypermethrin in or on 
food with a limit of detection (LOD) that allows monitoring of food 
with residues at or above the levels set in these tolerances.

List of Subjects in 40 CFR Part 180

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

    Dated: May 15, 2014.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2014-11904 Filed 5-22-14; 8:45 am]
BILLING CODE 6560-50-P