[Federal Register Volume 75, Number 56 (Wednesday, March 24, 2010)]
[Notices]
[Pages 14154-14157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6344]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0012; FRL-8815-6]
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 April 23, 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 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
[[Page 14155]]
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 a typical 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 0E7684. (EPA-HQ-OPP-2009-0682). The Interregional Research
Project No. 4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ
08540, proposes to establish tolerances in 40 CFR part 180 for residues
of the insecticide spiromesifen, 2-oxo-3-(2,4,6-trimethylphenyl)-1-
oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutanoate, and its enol
metabolite; 4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-
en-2-one calculated as parent compound equivalents, in or on pea, dry,
seed at 0.15 parts per million (ppm); spearmint, tops at 25 ppm; and
peppermint, tops at 25 ppm. Adequate analytical methodology using
liquid chromatography/mass spectrometry/mass spectrometry (LC/MS/MS)
detection is available for enforcement purposes. Contact: Andrew
Ertman, (703) 308-9367; e-mail address: ertman.andrew@epa.gov.
2. PP 9E7564. (EPA-HQ-OPP-2010-0136). Bayer CropScience, 2 T.W.
Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709,
proposes to establish tolerances in 40 CFR part 180 for residues of the
fungicide spiroxamine, (8-(1,1-dimethylethyl)-N-ethyl-N-propyl-1,4-
dioxaspiro[4,5]decane-2-methanamine) and its metabolites containing the
N-ethyl-N-propyl-1,2-dihydroxy-3-aminopropane moiety, calculated as
parent equivalent, in or on artichoke at 0.7 ppm; asparagus at 0.05
ppm; and vegetable, fruiting, group 8 at 1.2 ppm. Analytical methods to
determine the total residues of spiroxamine (sum of spiroxamine and all
metabolites containing the aminodiol moiety [N-ethyl-N-propyl-1,2-
dihydroxy-3-aminopropane]) using gas chromatography (GC) have been
submitted to the EPA. In addition, a new validated method employing
high performance liquid chromatography/MS/MS (HPLC-MS/MS) with a limit
of quantitation (LOQ) of 0.05 ppm for total residues of spiroxamine is
being submitted. The extraction and hydrolysis procedures of the two
methods are, and the LC/MS/MS substitutes a cation exchange cartridge
cleanup, compared to the liquid/liquid partition,
polystyrenedivinylbenzene column cleanup and trimethylsilylation
derivatization. Contact: Tamue Gibson, (703) 305-0096; e-mail address:
gibson.tamue@epa.gov.
3. PP 9F7602. (EPA-HQ-OPP-2009-0682). Bayer CropScience, 2 T.W.
Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709,
proposes to establish a tolerance in 40 CFR part 180 for residues of
the insecticide spiromesifen, (2-oxo-3-(2,4,6-trimethylphenyl)-1-
oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutanoate) and its enol
metabolite; (4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-
en-2-one), calculated as the parent compound equivalents, in or on
vegetable, leafy petiole, crop subgroup 4B at 6.0 ppm. Adequate
analytical methodology using LC/MS/MS detection is available for
enforcement purposes. Contact: Jennifer Gaines, (703) 305-5967; e-mail
address: gaines.jennifer@epa.gov.
4. PP 9F7644. (EPA-HQ-OPP-2009-0988). Monsanto Company, 1300 I
St., NW., Suite 450 East, Washington, DC 20052, proposes to establish a
tolerance in 40 CFR part 180 for residues of the herbicide glyphosate,
N-(phosphonomethyl) glycine, in or on corn, sweet, forage at 9 ppm.
Adequate enforcement methods are available for analysis of residues of
glyphosate and its metabolite AMPA in or on plant and livestock
commodities. These methods include: Gas liquid chromatography (GLC) --
Method I in PAM II, 0.05 ppm LOD; HPLC with fluorometric detection,
0.0005 ppm LOD; and GC/MS in crops validated by EPA's Analytical
Chemistry Laboratory (ACL). Thus, adequate analytical methods are
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available for residue data collection and enforcement of the proposed
tolerances for glyphosate. Contact: Erik Kraft, (703) 308-9358; e-mail
address: kraft.erik@epa.gov.
5. PP 9F7657. (EPA-HQ-OPP-2010-0041). Syngenta Crop Protection,
Inc., P.O. Box 18300, Greensboro, NC 27419, proposes to establish
tolerances in 40 CFR part 180 for residues of the insecticide
thiamethoxam, 3-[(2-chloro-5-thiazolyl)methyl] tetrahydro-5-methyl-N-
nitro-4H-1,3,5-oxadiazin-4-imine and its metabolite, N-(2-chloro-
thiazol-5-ylmethyl)-N'-methyl-N'-nitro-guanidine, in or on peanut at
0.05 ppm and peanut, hay at 0.25 ppm. Syngenta Crop Protection, Inc.,
has submitted practical analytical methodology for detecting and
measuring levels of thiamethoxam in or on raw agricultural commodities.
This method is based on crop specific cleanup procedures and
determination by liquid chromatography with either ultra-violet (UV) or
MS detections. The limit of detection (LOD) for each analyte of this
method is 1.25 nanogram (ng) injected for samples analyzed by UV and
0.25 ng injected for samples analyzed by MS, and the limit of
quantification (LOQ) is 0.005 ppm for milk and juices, and 0.01 ppm for
all other substrates. Contact: Julie Chao, (703) 308-8735; e-mail
address: chao.julie@epa.gov.
6. PP 9F7673. (EPA-HQ-OPP-2010-0051). Veto-Pharma SA, c/o Arysta
LifeScience America, 1450 Broadway, 7th Floor, New York, NY 10018,
proposes to establish a tolerance in 40 CFR part 180 for residues of
the insecticide amitraz, in or on honey at 1 ppm. There are two
adequate methods listed in FDA's Pesticide Analytical Manual (PAM Vol.
II) for purposes of data collection and enforcement of tolerances for
residues of amitraz and its metabolites containing the 2,4-DMA moiety.
Methods I (designed for animal tissues and milk) and II (designed for
plant commodities) are both gas liquid chromatography (GLC) methods
with electron capture detection (ECD), and convert residues of amitraz
to 2,4-DMA by acid and base hydrolysis, respectively. The LOD are 0.01
ppm for milk and 0.05 ppm for plant and other animal commodities.
Amitraz, and its metabolites containing the 2,4-DMA moiety have been
tested using the Food and Drug Administration's (FDA's) Multi-residue
Method Protocol D; the metabolite BTS-27919 was the only compound which
could be analyzed by this protocol. Contact: Julie Chao, (703) 308-
8735; e-mail address: chao.julie@epa.gov.
Amended Tolerance
PP 9F7644. (EPA-HQ-OPP-2009-0988). Monsanto Company, 1300 I St.,
NW., Suite 450 East, Washington, DC 20052, proposes to amend the
tolerances in 40 CFR 180.364 for residues of the herbicide glyphosate,
N-(phosphonomethyl) glycine, in or on corn, sweet, kernels plus cob
with husk be removed at 3 ppm; and correction of the glyphosate
tolerance in the commodity poultry, meat from 4 ppm to 0.1 ppm.
Adequate enforcement methods are available for analysis of residues of
glyphosate and its metabolite AMPA in or on plant and livestock
commodities. These methods include: GLC - Method I in PAM II, 0.05 ppm
LOD; HPLC with fluorometric detection, 0.0005 ppm LOD; and GC/MS in
crops validated by EPA's Analytical Chemistry Laboratory (ACL). Thus,
adequate analytical methods are available for residue data collection
and enforcement of the proposed tolerances for glyphosate. Contact:
Erik Kraft, (703) 308-9358; e-mail address: kraft.erik@epa.gov.
New Tolerance Exemptions
1. PP 9E7621. (EPA-HQ-OPP-2010-0138). Lamberti USA Inc., 161
Washington St., Conshohocken, PA 19428, proposes to establish an
exemption from the requirement of a tolerance in 40 CFR 180.910 for
residues of alkyl polyglucoside esters (AGEs) group, formed by D-
Glucopyranose, oligomeric, 6-(dihydrogen 2-hydroxy-1,2,3-
propanetricarboxylate), 1-(C8-C20 linear and
branched alkyl) ethers, sodium salts (CAS No. 1079993-97-7); D-
Glucopyranose, oligomeric, 6-(hydrogen sulfobutanedioate), 1-
(C8-C20 linear and branched alkyl) ethers, sodium
salts (CAS No. 1079993-92-2); D-Glucopyranose, oligomeric, Propanoic
acid, 2-hydroxy-, 1-(C8-C20 linear and branched
alkyl) ethers (CAS No. 1079993-94-4); and in 40 CFR 180.920 for
residues of alkyl polyglucoside esters (AGEs) group, formed by D-
Glucopyranose, oligomeric, 6-(dihydrogen 2-hydroxy-1,2,3-
propanetricarboxylate), 1-(C8-C20 linear and
branched alkyl) ethers, sodium salts (CAS No. 1079993-97-7); D-
Glucopyranose, oligomeric, 6-(hydrogen sulfobutanedioate), 1-
(C8-C20 linear and branched alkyl) ethers, sodium
salts (CAS No. 1079993-92-2); D-Glucopyranose, oligomeric, Propanoic
acid, 2-hydroxy-, 1-(C8-C20 linear and branched
alkyl) ethers (CAS No. 1079993-94-4) in or on all raw agricultural
commodities when used as a pesticide inert ingredient in pesticide
formulations. The petitioner believes no analytical method is needed
because requirements for an analytical method are not applicable to a
request to establish an exemption from the requirement of a tolerance.
Contact: Lisa Austin, (703) 305-7894; e-mail address:
austin.lisa@epa.gov.
2. PP 9E7671. (EPA-HQ-OPP-2010-0181). AMVAC Chemical Corporation,
4695 MacArthur Court, Suite 1250, Newport Beach, CA 90660, proposes to
establish an exemption from the requirement of a tolerance for residues
of n-Octyl Alcohol (CAS No. 111-87-5) and n-Decyl Alcohol (CAS No. 112-
30-1) in or on potatoes when used as a pesticide inert ingredient in
pesticide formulations applied to raw agricultural commodities after
harvest. The petitioner believes no analytical method is needed because
requirements for an analytical method are not applicable to a request
to establish an exemption from the requirement of a tolerance. Contact:
Alganesh Debesai, (703) 308-8353; e-mail address:
debesai.alganesh@epa.gov.
Amended Tolerance Exemption
PP 0E7683. (EPA-HQ-OPP-2009-0130). Joint Inerts Task Force,
Cluster Support Team 15, EPA Company No. 84947, c/o CropLife America,
1156 15th St., Suite 400, Washington, DC 20005, proposes to amend an
exemption from the requirement of a tolerance in 40 CFR 180.920 for
residues of N,N,N',N,''-Tetrakis-(2-hydroxypropyl) ethylenediamine
(NTHE) (CAS No. 102-60-3) to include the exemption from the requirement
of a tolerance for 40 CFR 180.910 and 40 CFR 180.930 when used as a
pesticide inert ingredient in pesticide formulations, including:
N,N,N',N,''-Tetrakis-(2-hydroxypropyl) ethylenediamine N,N,N',N,''-
Tetrakis-(2-hydroxypropyl) ethylenediamine with a maximum concentration
of 20% by weight in pesticide formulations. The petitioner believes no
analytical method is needed because requirements for an analytical
method are not applicable to a request to establish an exemption from
the requirement of a tolerance. Contact: Lisa Austin, (703) 305-7894;
e-mail address: austin.lisa@epa.gov.
List of Subjects
Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.
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Dated: March 11, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-6344 Filed 3-23-10; 8:45 am]
BILLING CODE 6560-50-S