[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78240-78243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31218]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0012; FRL-8853-1]
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 January 14, 2011.
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 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
[[Page 78241]]
pesticide manufacturer. Potentially affected entities may include, but
are not limited to:
[emsp14]Crop production (NAICS code 111).
[emsp14]Animal production (NAICS code 112).
[emsp14]Food manufacturing (NAICS code 311).
[emsp14]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.
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 OE7788. (EPA-HQ-OPP-2010-0865). BASF Corporation, P.O. Box
13528, Research Triangle Park, NC 27709, proposes to establish a
tolerance in 40 CFR part 180 for residues of the herbicide
tepraloxydim, (2-[1-[[[(2E)-3-chloro-2-propenyl]oxy]imino]propyl]-3-
hydroxy-5-(tetrahydro-2H-pyran-4-yl)-cyclohexene-1-one) and its
metabolites convertible to GP (3- (tetrahydropyran-4-yl)pentane-1,5-
dioic acid) and OH-GP (3-hydroxy-3-(tetrahydropyran-4-yl)pentane-1,5-
dioic acid), calculated as tepraloxydim, in or on pea and bean, dried
shelled, except soybean, subgroup 6C at 0.10 parts per million (ppm);
and sunflower, subgroup 20B at 0.25 ppm for imported commodities. The
analytical method involves extraction, concentration, precipitation,
centrifugation/filtration, oxidation, partition, and clean-up. Samples
are then analyzed by gas chromatography-mass spectrometry (GC/MS)
(selected ion monitoring). The limit of quantitation (LOQ) is 0.05 ppm
for each analyte, parent and metabolite. Contact: Susan Stanton, (703)
305-5218; e-mail address: [email protected].
2. PP 0E7772. (EPA-HQ-OPP-2010-0879). Cheminova A/S, c/o Cheminova,
Inc., 1600 Wilson Blvd., Suite 700, Arlington, VA 22209-2510, proposes
to establish a tolerance in 40 CFR part 180 for residues of the
fungicide flutriafol, [()-[alpha]-(2-fluorophenyl)-[alpha]-
(4-fluorophenyl)-1H-1,2,4-triazole-1-ethanol], including its
metabolites and degradates, in or on banana, whole (import tolerance)
at 0.50 ppm. Adequate enforcement analytical methods for determining
flutriafol in or on appropriate raw agricultural commodities and
processed commodities are available for the established and proposed
tolerances. Contact: Tamue L. Gibson, (703) 305-9096; e-mail address:
[email protected].
3. PP 0F7737. (EPA-HQ-OPP-2010-0864). Isagro S.p.A., 430 Davis
Drive, Suite 240, Morrisville, NC 27560, proposes to establish a
tolerance in 40 CFR part 180 for residues of the fungicide
tetraconazole, 1-[2-(2,4-dichlorophenyl)-3-(1,1,2,2-
tetrafluoroethoxy)propyl]-1H-1,2,4-triazole, in or on corn; field,
forage; field, grain; field, stover; pop, grain; and pop, stover at
1.0, 0.01, 1.5, 0.01 and 1.5 ppm, respectively. Adequate enforcement
methodology (capillary gas chromatography with electron capture
detector (GC/ECD)) is available to enforce the tolerance expression. An
[[Page 78242]]
additional new enforcement method using liquid chromatography/MS/MS
(LC/MS/MS) detection has been submitted to the Agency. Contact: Lisa
Jones, (703) 308-9424; e-mail address: [email protected].
4. PP 0F7750. (EPA-HQ-OPP-2010-0845). Bayer CropScience, 2 T.W.
Alexander Dr., Research Triangle Park, NC 27709, proposes to establish
a tolerance in 40 CFR part 180 for the combined residues of the
herbicide isoxaflutole, 5-cyclopropyl-4-(2-methylsulfonyl-4-
trifluoromethylbenzoyl) isoxazole and its metabolite 1-(2-
methylsulfonyl-4-trifluoromethylphenyl)-2-cyano-3-cyclopropyl propane-
1,3-dione (RPA 202248), calculated as the parent compound, in or on
soybean at 0.05 ppm; and soybean, aspirated grain fractions at 0.25
ppm. Bayer CropScience has submitted a method description and
validation for an LC/MS/MS (CAL study 019-03) for use in corn
and rotational crops. This method is the proposed enforcement method
for all crops. A modification of this method, IS-004-P10-02, was
developed and validated for use in soybean field trials. Contact: James
M. Stone, (703) 305-7391; e-mail address: [email protected].
5. PP 0F7764. (EPA-HQ-OPP-2010-0866). Bayer CropScience, 2 T.W.
Alexander Dr., Research Triangle Park, NC 27709, proposes to establish
a tolerance in 40 CFR part 180 for residues of the fungicide
fenamidone, (4H-Imidazol-4-one, 3,5-dihydro-5-methyl-2-(methylthio)-5-
phenyl-3 (phenylamino)-, (S)-), in or on grain, cereal, group 15
(except rice) at 0.1 ppm; grain, forage, group16 (except rice) at 0.3
ppm; and grain, stover, group 16 (except rice) at 0.5 ppm. Although
residue levels approaching the proposed tolerances are unlikely,
independently validated enforcement methods LC/MS/MS are available for
determining residues of fenamidone and relevant metabolites in
rotational crops. Contact: RoseMary Kearns, (703) 305-5611; e-mail
address: [email protected].
6. PP 0F7768. (EPA-HQ-OPP-2010-0849). Syngenta Crop Protection,
Inc., P.O. Box 18300, Greensboro, NC 27419, proposes to establish a
tolerance in 40 CFR part 180 for residues of the herbicide fluazifop-p-
butyl, butyl(R)-2-[4-[[5-(trifluoromethyl)-2-
pyridinyl]oxy]phenoxy]propanoate, and the free and conjugated forms of
the resolved isomer of fluazifop, (R)-2-[4-[[5-(trifluoromethyl)-2-
pyridinyl]oxy]phenoxy]propanoic acid, expressed as fluazifop, in or on
cotton, undelinted seed at 0.9 ppm; and cotton, gin byproducts at 0.8
ppm. Syngenta has developed and validated analytical methodology for
enforcement purposes. An extensive database of method validation data
using this method on various crop commodities is available. Contact:
James M. Stone, (703) 305-7391; e-mail address: [email protected].
7. PP 0F7770. (EPA-HQ-OPP-2010-0876). Cheminova A/S, c/o Cheminova,
Inc., 1600 Wilson Blvd., Suite 700, Arlington, VA 22209-2510, proposes
to establish rotational crop tolerances in 40 CFR part 180 for the
indirect or inadvertent residues of the fungicide flutriafol, [()-[alpha]-(2-fluorophenyl)-[alpha]-(4-fluorophenyl)-1H-1,2,4-
triazole-1-ethanol], including its metabolites and degradates, in or on
sweet corn, field corn and cotton raw agricultural commodities (corn,
sweet, forage at 0.05 ppm; corn, sweet, stover at 0.09 ppm; corn,
sweet, kernels plus cob with husks removed at 0.01 ppm; corn, field,
forage at 0.10 ppm; corn, field, stover at 0.07 ppm; corn, field, grain
at 0.01 ppm; cotton, undelinted seed at 0.01 ppm; and cotton, gin
byproducts at 0.05 ppm) grown in fields previously planted with
soybeans that were treated with flutriafol. Residues of flutriafol in
sweet corn, field corn and cotton raw agricultural commodity products
can be determined by GC with mass selective detection (GC/MSD). The
method was validated for determination of residues of flutriafol in
sweet corn, field corn and cotton raw agricultural commodities.
Residues of flutriafol in animal matrices can be determined by GC/MSD.
The method was validated for determination of residues of flutriafol in
milk, muscle, kidney, liver and egg. Contact: Tamue L. Gibson, (703)
305-9096; e-mail address: [email protected].
8. PP 0F7771. (EPA-HQ-OPP-2010-0875). Cheminova A/S, c/o Cheminova,
Inc., 1600 Wilson Blvd., Suite 700, Arlington, VA 22209-2510, proposes
to establish a tolerance in 40 CFR part 180 for residues of the
fungicide flutriafol, [()-[alpha]-(2-fluorophenyl)-[alpha]-
(4-fluorophenyl)-1H-1,2,4-triazole-1-ethanol], including its
metabolites and degradates, in or on corn, field, forage at 4.0 ppm;
corn, field, stover at 6.0 ppm; corn, field, grain at 0.01 ppm; corn,
field, flour at 0.03 ppm; corn, field, oil at 0.07 ppm; corn, field,
meal at 0.03 ppm; corn, pop, stover at 6.0 ppm; corn, pop, grain at
0.01 ppm; grape at 1.1 ppm; grape, raisin at 2.5 ppm; peanut at 0.08
ppm; peanut, hay at 18 ppm; fruit, pome (Crop Group 11) at 0.60 ppm;
fruit, stone (Crop Group 12) at 0.80 ppm; beet, sugar, root at 1.5 ppm;
beet, sugar, tops at 2.5 ppm; beet, sugar, refined at 0.70 ppm; beet,
sugar, molasses at 1.0 ppm; beet, sugar, dried pulp at 1.0 ppm; wheat,
forage at 25 ppm; wheat, hay at 9.0 ppm; wheat, straw at 6.0 ppm;
wheat, grain at 0.15 ppm; wheat, grain, bran at 0.20 ppm; wheat, grain,
germ at 0.20 ppm; barley, hay at 9.0 ppm; barley, straw at 6.0 ppm;
barley, grain at 0.15 ppm; barley, grain, bran at 0.20 ppm; buckwheat,
grain at 0.15 ppm; oats, forage at 25 ppm; oats, hay at 9.0 ppm; oats,
straw at 6.0 ppm; oats, grain at 0.15 ppm; oats, grain, bran at 0.20
ppm; rye, forage at 25 ppm; rye, straw at 6.0 ppm; rye, grain at 0.15
ppm; cattle, liver at 0.12 ppm; goat, liver at 0.12 ppm; horse, liver
at 0.12 ppm; sheep, liver at 0.12 ppm; and milk at 0.02 ppm. The
proposed tolerance for fruit, pome, which is based on new field trial
data for pears and previously submitted data for apples, will replace
the current tolerance for apples at 0.20 ppm. Adequate enforcement
analytical methods for determining flutriafol in/on appropriate raw
agricultural commodities and processed commodities are available for
the established and proposed tolerances. Contact: Tamue L. Gibson,
(703) 305-9096; e-mail address: [email protected].
9. PP 0F7773. (EPA-HQ-OPP-2010-0916). Gowan Company, 370 South Main
Street, Yuma, AZ 85364, proposes to amend 40 CFR 180.448 for residues
of the insecticide hexythiazox (trans-5-(4-chlorophenyl)-N-cyclohexyl-
4-methyl-2-oxothiazolidine-3-carboxamide) and its metabolites
containing the (4-chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety,
by establishing a tolerance in or on grain, aspirated fractions at 0.5
ppm; removing the geographical restriction for the existing tolerances
for hexythiazox on corn, field, forage; corn, field, grain; and corn,
field, stover; and increasing the tolerance for corn, field, stover
from 2.5 ppm to 6.0 ppm. A practical analytical method, high pressure
liquid chromatography with a ultraviolet (UV) detector, which detects
and measures residues of hexythiazox and its metabolites as a common
moiety, is available for enforcement purposes. Contact: Olga Odiott,
(703) 308-9369; e-mail address: [email protected].
List of Subjects
Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.
[[Page 78243]]
Dated: December 6, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-31218 Filed 12-14-10; 8:45 am]
BILLING CODE 6560-50-P