[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28009-28012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11978]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0012; FRL-8823-2]
Notice of Receipt of Several Pesticide Petitions Filed for
Residues of Pesticide Chemicals in or on Various Commodities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the Agency's receipt of several initial
filings of pesticide petitions proposing 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 18, 2010.
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 on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through
[[Page 28010]]
Friday, excluding legal holidays). Special arrangements should be made
for deliveries of boxed information. The Docket Facility telephone
number is (703) 305-5805.
Instructions: Direct your comments to the docket ID number and the
pesticide petition number of interest as shown in the body of this
document. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: A contact person, with telephone
number and e-mail 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 producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. 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 e-mail. 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, proposing the establishment or modification of
regulations in 40 CFR part 174 or part 180 for residues of pesticide
chemicals in or on various food commodities. EPA has determined that
the pesticide petitions described in this notice 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.
Additional data may be needed before EPA can make a final determination
on these pesticide petitions.
[[Page 28011]]
Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this notice, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available on-line 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 9E7650. (EPA-HQ-OPP-2010-0186). Nissan Chemical Industries,
Inc., 3-7-1, Kanda Nishiki-cho, Chiyoda-ku, Tokyo, Japan c/o Lewis &
Harrison, 122 C Street, NW., Suite 740, Washington, DC 20001, proposes
to establish import tolerances in 40 CFR part 180 for residues of
amisulbrom, 3-[3-bromo-6-fluoro-2-methyl-H-indol-1-yl)sulfonyl]-N,N-
dimethyl-1H - 1,2,4-triazole-1-sulfonamide, in or on grapes at 0.4
parts per million (ppm) and raisins at 1.0 ppm. The proposed tolerance
will be a tolerance on treated grapes and its processed products
treated in Western Europe and imported into the U.S. There will be no
U.S. registration. Liquid chromatography/tandem mass spectrographic
detection (LC/MS/MS) is used for determination and quantification of
amisulbrom from grape field and grape processing (raisin, juice, and
wine) data. The limit of quantitation is 0.01 ppm. A successful
independent laboratory method validation was conducted for the grape
data collection method. Contact: Olga Odiott, (703) 308-9369, e-mail
address: [email protected].
2. PP 9E7675. (EPA-HQ-OPP-2010-0063). Interregional Research
Project Number 4 (IR-4), IR-4 Project Headquarters, Rutgers, The State
University of New Jersey, 500 College Rd. East, Suite 201 W, Princeton,
NJ 08450, proposes to establish tolerances in 40 CFR part 180 for
residues of the miticide/ovicide etoxazole, 2-(2,6-difluorophenyl)-4-
[4-(1,1-dimethylethyl)-2-ethoxyphenyl]-4,5-dihydrooxazole, in or on
peppers, African eggplant, eggplant, martynia, okra, pea eggplant,
pepino, roselle, and scarlet eggplant at 0.20 ppm; Crop Group 9:
cucurbit vegetables at 0.20 ppm; Subgroup 13-07A: Caneberry at 1.1 ppm;
Subgroup 13-07F: Small fruit vine climbing subgroup except fuzzy kiwi
at 0.50 ppm; Subgroup 13-07G: Low-growing berry subgroup at 0.50 ppm
and avocado, papaya, star apple, black sapote, mango, sapodilla,
canistel, and mamey sapote at 0.20 ppm; and tea at 15 ppm. Practical
analytical methods for detecting and measuring levels of etoxazole have
been developed and validated in/on all appropriate agricultural
commodities and respective processing fractions. The limit of
quantitation (LOQ) of etoxazole in the methods is 0.02 ppm which will
allow monitoring of food with residues at the levels proposed for the
tolerances. The Cumulative and Aggregate Risk Evaluation System (CARES)
Version 2.0 was used to conduct these assessments. Contact: Andrew
Ertman, (703) 308-9367, e-mail address: [email protected].
3. PP 0F7689. (EPA-HQ-OPP-2010-0297). Arysta LifeScience North
America, LLC. 15401 Weston Parkway, Cary, NC 27513, proposes to
establish tolerances in 40 CFR part 180 for residues of kasugamycin, 3-
O-[2-amino-4-[(carboxyiminomethyl)amino]-2,3,4,6-tetradeoxy-[alpha]-D-
arabino-hexopyranosyl]-D-chiro-inositol, in or on fruiting vegetables
(crop group 8 -fruiting vegetables - except cucumber) at 0.15 ppm; pome
fruit (crop group 11- pome fruit) at 0.25 ppm; and walnuts at 0.04 ppm.
A practical analytical method for detecting and measuring levels of
kasugamycin has been developed and validated in all appropriate
agricultural commodities. This analytical method is suitable for
monitoring of food with residues at the levels proposed for the
tolerances. The LOQ for this method is 0.04 ppm. An independent
laboratory validation of the residue analytical method was successful.
Contact: Shaunta Hill, (703) 347-8961, e-mail address:
[email protected].
4. PP 0F7690. (EPA-HQ-OPP-2010-0234). BASF Corporation, 26 Davis
Dr., P.O. Box 13528, Research Triangle Park, NC 27709-3528, proposes to
establish tolerances in 40 CFR part 180 for the combined residues of
the insecticide alpha-cypermethrin and cypermethrin (including zeta-
cypermethrin)((S)-[alpha]-cyano-3-phenoxybenzyl (1R,3R)-3-(2,2-
dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate and (R)-[alpha]-
cyano-3-phenoxybenzyl (1S,3S)-3-(2,2-dichlorovinyl)-2,2-
dimethylcyclopropanecarboxylate), in or on tree nuts, Group 14; dried
shelled pea and bean, except soybean, subgroup 6C; corn, grain; pop
corn; sweet corn; soybeans; and sugar beet, roots at 0.05 ppm;
succulent shelled pea and bean, subgroup 6B; and root and tuber
vegetables, Group 1 at 0.1 ppm; cucurbit vegetables, Group 9; fruiting
vegetables, Group 8; sugar beet, tops; and wheat, grain at 0.2 ppm;
citrus fruit, Group 10 at 0.35 ppm; cottonseed; edible podded legume
vegetable, subgroup 6A; and sorghum, grain at 0.5 ppm; and rice, grain
at 1.5 ppm; citrus, dried pulp at 1.8 ppm; head and stem brassica,
subgroup 5A at 2.0 ppm; citrus, oil at 4.0 ppm; leafy vegetable, except
brassica, Group 4 at 10 ppm; and alfalfa, hay at 15 ppm. There is a
practical analytical method for detecting and measuring levels of
cypermethrin in or on food with a limit of detection (LOD) that allows
monitoring food with residues at or above the levels set in these
tolerances. Gas chromatography with electron capture detection (GC/ECD)
and LC/MS/MS methods are available. Contact: BeWanda Alexander, (703)
305-7460, e-mail address: [email protected].
5. PP 0F7695. (EPA-HQ-OPP-2010-0261). BASF Corporation, 26 Davis
Dr., P.O Box 13528, Research Triangle Park, NC, 27709, proposes to
establish tolerances in 40 CFR part 180 for residues of ametoctradin,
5-ethyl-6-octyl[1,2,4]triazolo[1,5-a]pyrimidin-7-amine, in or on
brassica, head and stem, subgroup at 12 ppm; brassica, leafy greens,
subgroup at 50 ppm; grape at 5 ppm; hop, dried cones at 9 ppm; onion,
bulb, subgroup at 1.2 ppm; onion, green, subgroup at 16 ppm; raisin at
8 ppm; vegetable, fruiting, group at 2 ppm; vegetable, leafy, except
brassica, group at 70 ppm; vegetable, cucurbit, group at 4.5 ppm; and
vegetable, tuberous and corm, subgroup at 0.05 ppm. The proposed
enforcement method for ametoctradin was fully validated. Ametoctradin
is extracted with a mixture of methanol/water. An aliquot of the
extract is centrifuged and partitioned against dichloromethane. The
final determination of ametoctradin is performed by high performance
liquid chromatography-mass spectrometry (HPLC-MS/MS). This method has
an LOQ of 0.01 milligrams/kilograms (mg/kg) and is suitable for
enforcement purposes. Contact: Shaunta Hill, (703) 347-8961, e-mail
address: [email protected].
6. PP 0F7703. (EPA-HQ-OPP-2010-0284). Monsanto Company, 1300 I
Street NW., Suite 450 East, Washington DC 2005, a member of the
Acetochlor Registration Partnership (ARP), proposes to establish a
tolerance in 40 CFR part 180 for indirect or inadvertent residues of
the herbicide acetochlor (2-chloro-2'-methyl-6'-ethyl-N-
ethoxymethylacetanilide) and its metabolites containing either the 2-
ethyl-6-methylaniline (EMA) or the 2-(1-hydroxyethyl)-6- methyl-aniline
(HEMA) moiety, to be expressed as
[[Page 28012]]
acetochlor equivalents, in or on the following raw agricultural
commodity when present therein as a result of the application of
acetochlor to the growing crops in paragraph (a) of 40 CFR 180.470;
peanut at 0.03 ppm. An adequate enforcement method for residues of
acetochlor in crops has been approved. Acetochlor and its metabolites
are hydrolyzed to either EMA or HEMA, which are determined by HPLC-OCED
and expressed as acetochlor equivalents. Contact: Susan Stanton, (703)
305-5218, e-mail address: [email protected].be determined by
measuring residues of pyrasulfotole (AE0317309) (5-hydroxy-1,3-
dimethyl-1H-pyrazol-4-yl)-[2-(methylsulfonyl)-4-
(trifluoromethyl)phenyl]methanone and its metabolite (5-Hydroxy-3-
methyl-1H-pyrazol-4-yl)-[2-(methylsulfonyl)-4-(trifluoromethyl)phenyl]
methanone, calculated as the stoichiometric equivalent of pyrasulfotole
in or on cattle, goat, hog, sheep, and horse meat at 0.04 ppm; cattle,
goat, hog, sheep, and horse fat at 0.04 ppm; cattle, goat, hog, sheep,
and horse, meat byproducts except liver at 2 ppm and cattle, goat, hog,
sheep, and horse, liver at 8 ppm. The analytical method is an LC/MS/MS
method which quantifies pyrasulfotole and its metabolite (5-Hydroxy-3-
methyl-1H-pyrazol-4-yl)[2-(methylsulfonyl)-4-
(trifluoromethyl)phenyl]methanone with an LOQ of 0.01 mg/kg. Contact:
Bethany Benbow, (703) 347-8072, e-mail address: [email protected].
7. PP 0G7682. (EPA-HQ-OPP-2010-0217). Valent U.S.A. Corporation,
P.O. Box 8025, Walnut Creek, CA 94596 (as Agent for Sumitomo Chemical
Co., Ltd), proposes to establish a time-limited tolerance in 40 CFR
part 180 for residues of the insecticide clothianidin, (E)-1-(2-chloro-
1,3-thiazol-5-ylmethyl)-3-methyl-2-nitroguanidine, in or on rice, grain
at 0.01 ppm. Adequate enforcement methodology LC/MS/MS analysis is
available to enforce the tolerance expression. Contact: Marianne Lewis,
(703) 308-8043, e-mail address: [email protected].
Amended Tolerances
PP 9E7675. (EPA-HQ-OPP-2010-0063). IR-4, IR-4 Project
Headquarters, Rutgers, The State University of New Jersey, 500 College
Rd. East, Suite 201 W, Princeton, NJ 08450, proposes to delete the
established tolerances in 40 CFR 180.593 for residues of the miticide/
ovicide etoxazole, 2-(2,6-difluorophenyl)-4-[4-(1,1-dimethylethyl)-2-
ethoxyphenyl]-4,5-dihydrooxazole, in or on strawberry, grape, cucumber,
and vegetable, cucurbit subgroup 9A since they will be covered by the
proposed new tolerances in 2. under ``New Tolerances'' of this Unit.
Contact: Andrew Ertman, (703) 308-9367, e-mail address:
[email protected].
New Tolerance Exemptions
1. PP 0E7686. (EPA-HQ-OPP-2010-0233). Dow Agrosciences, LLC, 9330
Zionsville Rd., Indianapolis, IN 46268, proposes to establish an
exemption from the requirement of a tolerance for residues of choline
hydroxide (CAS No. 123-41-1) under 40 CFR 180.920 when used as a
pesticide inert ingredient in pesticide formulations. A limitation for
use as a neutralizing agent in herbicide-only products is proposed.
Based on the proposed use, the choline cation is the species of
interest for end-use products. The petitioner believes no analytical
method is needed because it is not required for an exemption from the
requirement of a tolerance. Contact: Deirdre Sunderland, (703) 603-
0851, e-mail address: [email protected].
2. PP 0E7692. (EPA-HQ-OPP-2010-0231). Rhodia, Inc. c/o SciReg,
Inc., 12733 Director's Loop, Woodbridge, VA 22192, proposes to
establish an exemption from the requirement of a tolerance for residues
of castor oil, ethoxylated, oleate (CAS No. 220037-02-5) with a minimum
number average molecular weight (in amu) of 1,200 under 40 CFR 180.960
when used as an emulsifier and surfactant pesticide inert ingredient in
pesticide formulations. Rhodia is requesting that castor oil,
ethoxylated, oleate, with a minimum number average molecular weight (in
amu) of 1,200 be exempt from the requirement of a tolerance based upon
the definition of a low-risk polymer under 40 CFR 723.250. Therefore,
Rhodia believes that an analytical method to determine residues in
treated crops is not relevant. Contact: Karen Samek, (703) 347-8825, e-
mail address: [email protected].
3. PP 9E7648. (EPA-HQ-OPP-2010-0232). Exponent Inc., 1150
Connecticut Ave., NW., Suite 1100, Washington, DC 20036, on behalf of
Plant Impact plc, 12 S. Preston Office Village, Cuerdan Way, Bamber
Bridge, Preston, PR5 6BL, United Kingdom, proposes to establish a low
risk polymer exemption from the requirement of a tolerance for residues
of Castor oil, ethoxylated, dioleate (CAS No. 110531-96-9) under 40 CFR
180.960 when used as a pesticide inert ingredient with a surfactant
function in pesticide formulations. The petitioner believes no
analytical method is needed because it is not required for an exemption
from the requirement of a tolerance. Contact: Deirdre Sunderland, (703)
603-0851, e-mail address: [email protected].
4. PP 0F7695. (EPA-HQ-OPP-2010-0261). BASF Corporation, P.O. Box
13528, Research Triangle Park, NC, 27709, proposes to establish an
exemption from the requirement of a tolerance for the metabolites of
ametoctradin, M650F03, (7-amino-5-ethyl[1,2,4]triazolo[1,5-
a]pyrimidine-6-y-l)acetic acid, and M650F04, 7-amino-5-
ethyl[1,2,4]triazolo[1,5-a]pyrimidine-6-carboxylic acid in or on all
food crops. The proposed enforcement method for ametoctradin was fully
validated. Ametoctradin is extracted with a mixture of methanol/water.
An aliquot of the extract is centrifuged and partitioned against
dichloromethane. The final determination of ametoctradin is performed
by high performance liquid chromatography-mass spectrometry (HPLC-MS/
MS). This method has an LOQ of 0.01 mg/kg and is suitable for
enforcement purposes. Contact: Shaunta Hill, (703) 347-8961, e-mail
address: [email protected].
List of Subjects
Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.
Dated: May 6, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-11978 Filed 5-18-10; 8:45 am]
BILLING CODE 6560-50-S