Federal Register / Vol. 79, No. 172 / Friday, September 5, 2014 / Proposed Rules 53009 

Petitioner Date of petition 

to EPA 

Petition: 

Document ID 

No. in docket 

Date of EPA 

response 

EPA 

response: 

Document ID 

No. in docket 

Sierra Club ............................................................................... 11/14/2013 ¥0002 8/14/2014 ¥0003 and 

¥0004 

Note: The document ID numbers listed in the table are in the form of ‘‘EPA–HQ–OAR–2014–0563–XXXX.’’ 

All documents in the docket are listed 

on the http://www.regulations.gov Web 

site. Although listed in the index, some 

information may not be publicly 

available, i.e., confidential business 

information 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 electronically through 

http://www.regulations.gov or in hard 

copy at the EPA Docket Center, Docket 

ID No. EPA–HQ–OAR–2014–0563, EPA 

William Jefferson Clinton West 

Building, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Docket Center is 

(202) 566–1742. 

II. Judicial Review 

Section 307(b)(1) of the Clean Air Act 

indicates which Federal Courts of 

Appeal have venue for petitions of 

review of final actions by the EPA. This 

section provides, in part, that petitions 

for review must be filed in the Court of 

Appeals for the District of Columbia 

Circuit: (i) when the agency action 

consists of ‘‘nationally applicable 

regulations promulgated, or final actions 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, if ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ 

The EPA has determined that its 

action denying the petition to 

redesignate 57 areas to nonattainment 

for the 2008 ozone NAAQS is of 

nationwide scope and effect because 

this action addresses areas across the 

country. This is particularly appropriate 

because, in the report on the 1977 

Amendments that revised section 

307(b)(1) of the CAA, Congress noted 

that the Administrator’s determination 

that an action is of ‘‘nationwide scope 

or effect’’ would be appropriate for any 

action that has a scope or effect beyond 

a single judicial circuit. H.R. Rep. No. 

95–294 at 323, 324, reprinted in 1977 

U.S.C.C.A.N. 1402–03. Here, the scope 

and effect of this final action extends to 

numerous judicial circuits across the 

country. In these circumstances, section 

307(b)(1) and its legislative history calls 

for the Administrator to find the rule to 

be of ‘‘nationwide scope or effect’’ and 

for venue to be in the DC Circuit. 

Thus, any petitions for review of the 

final letters denying the petition to 

redesignate 57 areas to nonattainment 

for the 2008 ozone NAAQS must be 

filed in the Court of Appeals for the 

District of Columbia Circuit on or before 

November 4, 2014. 

Dated: August 15, 2014. 

Janet McCabe, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

[FR Doc. 2014–21075 Filed 9–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0008; FRL–9914–98] 

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. 

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 October 6, 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.html. 

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: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (BPPD) 

(7511P), main telephone number: (703) 

305–7090; email address: 

BPPDFRNotices@epa.gov., Lois Rossi, 

Registration Division (RD) (7505P), main 

telephone number: (703) 305–7090; 

email address: RDFRNotices@epa.gov. 

The mailing address for each contact 

person is: 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. The 

division to contact is listed at the end 

of each pesticide petition summary. 

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). 


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53010 Federal Register / Vol. 79, No. 172 / Friday, September 5, 2014 / Proposed Rules 

• 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 

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 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 2E8098. (EPA–HQ–OPP–2014– 

0303). Syngenta Crop Protection, LLC., 

P.O. Box 18300, Greensboro, NC 27419, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

herbicide, bicyclopyrone: 4-hydroxy-3- 

(2-[(2-methoxyethoxy) methyl)-6- 

(trifluoromethyl)-3-pyridylcarbonyl) 

bicyclo [3.2.1]oct-3-en-2-one.], in or on 

sugarcane, stalks at 0.01 parts per 

million (ppm). The Direct Analysis and 

Common Moiety Method were used to 

measure and evaluate the chemical 

bicyclopyrone. (RD) 

2. PP 3F8205. (EPA–HQ–OPP–2013– 

0758). Syngenta Crop Protection, LLC., 

P.O. Box 18300, Greensboro, NC 27419, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

insecticide, thiamethoxam (3-[(2-chloro5-thiazolyl)methyl]tetrahydro-5-methylN-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 alfalfa, seed at 1 parts per 

million (ppm); buckwheat, grain at 0.9 

ppm; corn, field, grain at 0.03 ppm; 

corn, pop, forage at 0.10 ppm; corn, pop, 

stover at 0.05 ppm; millet, pearl, forage 

at 0.02 ppm; millet, pearl, stover at 0.02 

ppm; millet, proso, forage at 0.02 ppm; 

millet, proso, stover at 0.02 ppm; millet, 

proso, straw at 0.02 ppm; oat, grain at 

0.9 ppm; rice, straw at 2 ppm; rice, grain 

at 6 ppm; rye, grain at 0.9 ppm; 

sorghum, forage at 0.02 ppm; sorghum, 

grain, stover at 0.02 ppm; soybean at 

0.02 ppm; sunflower, seed at 0.4 ppm; 

teosinte at 0.02 ppm; triticale, grain at 

0.9ppm; vegetable, legume, subgroup 6A 

at 0.9 ppm; vegetable, legume, subgroup 

6B at 0.5 ppm; vegetable, legume, 

subgroup 6C at 0.2 ppm; vegetable, 

foliage of legume, subgroup 7A at 4 

ppm; wheat, grain at 0.5 ppm; wheat, 

aspirated grain fraction at 2.5 ppm; 

wheat, bran at 0.5 ppm; wheat, germ at 

0.5 ppm; wild rice at 0.02 ppm. 

Syngenta Crop Protection, LLC., 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 

ultraviolet ray (UV) or MS detections. 

The limit of detection (LOC) 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 

quantification (LOQ) is 0.005 ppm for 

milk and juices; 0.01 ppm for all other 

substrates. (RD) 

3. PP 3F8225. (EPA–HQ–OPP–2014– 

0355). Syngenta Crop Protection, LLC., 

P.O. Box 18300, Greensboro, NC 27419, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

herbicide, bicyclopyrone: 4-hydroxy-3- 

(2-[(2-methoxyethoxy) methyl)-6- 

(trifluoromethyl)-3-pyridylcarbonyl) 

bicyclo [3.2.1]oct-3-en-2-one in or on 

field corn, forage at 0.4 parts per million 

(ppm); field corn, grain, at 0.02 ppm; 

field corn, stover at 0.5 ppm; popcorn, 


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grain, at 0.02 ppm, popcorn, stover at 

0.5 ppm; sweet corn, forage at 0.40 ppm; 

sweet corn, ears at 0.04 ppm; sweet 

corn, stover at 0.50 ppm; and cattle liver 

at 0.06 ppm. An analytical method of 

liquid chromatography with tandem 

mass spectroscopy detection method 

(LC–MS/MC) was used to measure and 

evaluate the chemical bicyclopyrone. 

(RD) 

4. PP 4E8236. (EPA–HQ–OPP–2014– 

0134). Interregional Research Project 

No. 4 (IR–4), 500 College Road East, 

Suite 201W, Princeton, NJ 08540, 

requests to establish a tolerance in 40 

CFR part 180 for residues of 

streptomycin in or on grapefruit at 0.15 

parts per million (ppm); grapefruit, 

dried pulp at 0.63 ppm; and fruit, pome, 

group 11–10 at 0.25 ppm; a laboratory 

working method based on USDA Food 

Safety and Inspection Service SOP No: 

CLG–AMG1.02, ‘‘Confirmation of 

Aminoglycosides by HPLC–MS/MS’’ is 

available. Modifications were made to 

improve the performance of the method 

for the various crop fractions. (RD) 

5. PP 4E8273. (EPA–HQ–OPP–2014– 

0506). Interregional Research Project 

No. 4 (IR–4), 500 College Road East, 

Suite 201W, Princeton, NJ 08540, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

fungicide cyprodinil, 4-cyclopropyl-6- 

methyl-N-phenyl-2-pyrimidinamine, in 

or on artichoke, globe at 4.0 parts per 

million (ppm); acerola at 1.5 ppm; feijoa 

at 1.5 ppm; guava at 1.5 ppm; jaboticaba 

at 1.5 ppm; passionfruit at 1.5 ppm; 

starfruit at 1.5 ppm; wax jambu at 1.5 

ppm; fruit, stone group 12–12 at 2.0 

ppm; and pomegranate at 7.0 ppm. The 

Syngenta Crop Protection Method AG– 

631B is used to measure and evaluate 

the chemical cyprodinil. (RD) 

6. PP 4E8274. (EPA–HQ–OPP–2014– 

0470). Interregional Research Project 

No. 4 (IR–4), 500 College Road East, 

Suite 201W, Princeton, NJ 08540, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

fungicide, difenoconazole, 1-[2-[2- 

chloro-4-(4-chlorophenoxy)phenyl]-4- 

methyl-1,3-dioxolan-2-ylmethyl]-1H1,2,4-triazole, in or on ginseng at 0.50 

parts per million (ppm); artichoke, globe 

at 1.5 ppm; fruit, stone, group 12–12 at 

2.5 ppm; and nut, tree, group 14–12 at 

0.03 ppm. The liquid chromatography 

tandem mass spectrometry (LC–MS/MS) 

method is used to measure and evaluate 

the chemical difenoconazole. (RD) 

7. PP 4F8231. (EPA–HQ–OPP–2014– 

0373). Syngenta Crop Protection, LLC., 

P.O. Box 18300, Greensboro, NC 27419– 

8300, requests to establish a tolerance in 

40 CFR part 180 for residues of the 

fungicide, difenoconazole, in or on pea, 

and bean, dried shelled, except soybean, 

subgroup 6C at 0.2 parts per million 

(ppm); pea, vine at 10 ppm; pea, hay at 

40 ppm; and bushberry, subgroup 13– 

07B at 3.0 ppm. A practical analytical 

method for detecting and measuring 

levels of difenoconazole in or on food 

with a limit of quantitation (LOQ) that 

allows monitoring of food with residues 

at or above the levels set in the 

proposed tolerances. Residues are 

qualified by liquid chromatography/

mass spectrometry (LC–MS/MS). (RD) 

8. PP 3F88189. (EPA–HQ–OPP–2014– 

0601). BASF Corporation on behalf of 

Whitmire Micro-Gen Research 

Laboratories, Inc., 3568 Tree Court 

Industrial Blvd., St. Louis, MO 63122– 

6682, requests to establish a tolerance in 

40 CFR part 180 for residues of the 

insecticide, Alpha-Cypermethrin, in or 

on food/feed handling establishments at 

0.05 parts per million (ppm). The gas 

chromatography with electron capture 

detection or GC/ECD, HPLC–UV and 

LC/MS/MS methods is used to measure 

and evaluate the chemical 0.01 mg/kg 

(LOQ). (RD) 

Amended Tolerances 

1. PP 3F8205. (EPA–HQ–OPP–2013– 

0758). Syngenta Crop Protection, LLC., 

P.O. Box 18300, Greensboro, NC 27419, 

requests to amend the tolerances in 40 

CFR 180.565 for residues of the 

insecticide, thiamethoxam (3-[(2-chloro5-thiazolyl)methyl]tetrahydro-5-methylN-nitro-4H-1,3,5-oxadiazin-4-imine) and 

its metabolite[N-(2-chloro-thiazol-5- 

ylmethyl)-N′-methyl-N′-nitro-guanidine, 

by increasing the existing tolerances in 

or on alfalfa, forage from 0.05 to 10 parts 

per million (ppm); alfalfa, hay from 0.12 

to 8 ppm; barley, hay from 0.40 to 1.5 

ppm; barley, straw from 0.40 to 3 ppm; 

barley, grain from 0.4 to 0.9 ppm; corn, 

field, forage from 0.10 to 4 ppm; corn, 

field, stover from 0.05 to 4 ppm; corn, 

sweet forage from 0.10 to 5 ppm; corn, 

sweet, kernel plus cob with husks 

removed from 0.02 to 0.03 ppm; corn, 

sweet, stover from 0.05 to 4 ppm; wheat, 

forage from 0.50 to 3 ppm; wheat, hay 

from 0.02 to 8 ppm; wheat, straw from 

0.02 to 6 ppm. Concurrently, Syngenta 

Crop Protection, LLC., requests to 

amend the tolerances in 40 CFR 180.565 

by removing tolerances for residues of 

the insecticide, thiamethoxam (3-[(2- 

chloro-5-thiazolyl)methyl]tetrahydro-5- 

methyl-N-nitro-4H-1,3,5-oxadiazin-4- 

imine) in or on grain, cereal, group 15, 

except barley at 0.02 ppm; sunflower at 

0.02 ppm; and vegetable, legume, group 

6 at 0.02 ppm, upon approval of the 

tolerances listed under ‘‘New 

Tolerances’’ for PP 3F8205. Syngenta 

Crop Protection, LLC., 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 mass spectrometry (MS) 

detections. The limit of detection (LOC) 

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 

quantification (LOQ) is 0.005 ppm for 

milk and juices, and 0.01 ppm for all 

other substrates. (RD) 

2. PP 4E8236. (EPA–HQ–OPP–2014– 

0134). Interregional Research Project 

No. 4 (IR–4), 500 College Road East, 

Suite 201W, Princeton, NJ 08540, 

requests to amend the tolerances in 40 

CFR 180.245 for residues of the residues 

of streptomycin as follows: (1) moving 

the existing tolerances for streptomycin 

on celery, pepper, and tomato from 

paragraph (a)(2), and potato from 

paragraph (a)(3) to the table in (a)(1); (2) 

modifying the existing tolerance for 

tomato from 0.25 ppm to 0.5 ppm; (3) 

removing the existing time limited 

tolerances for grapefruit and grapefruit, 

dried pulp in paragraph (b) upon 

establishment of the permanent 

tolerances for grapefruit and grapefruit, 

dried pulp; (4) removing the existing 

tolerance for fruit, pome, group 11 upon 

establishment of the tolerance for fruit, 

pome, group 11–10; and (5) modifying 

the tolerance expression and creating a 

single paragraph and table under 

180.245 (a) to read as follows: General. 

Tolerances are established for residues 

of the fungicide streptomycin, including 

its metabolites and degradates, in or on 

the commodities in the table below. 

Compliance with the tolerance levels 

specified below is to be determined by 

measuring only streptomycin (O-2- 

Deoxy-2-(methylamino)-a-Lglucopyranosyl-(1-2)-O-5-deoxy-3-Cformyl-a-L-lyxofuranosyl-(1-4)-N,N′- 

bis(aminoiminomethyl)-D-streptamine) 

in or on the commodity. A laboratory 

working method based on USDA Food 

Safety and Inspection Service SOP No: 

CLG–AMG1.02, ‘‘Confirmation of 

Aminoglycosides by HPLC–MS/MS’’ is 

available. Modifications were made to 

improve the performance of the method 

for the various crop fractions. (RD) 

3. PP 4E8273. (EPA–HQ–OPP–2014– 

0506). Interregional Research Project 

No. 4 (IR–4), 500 College Road East, 

Suite 201W, Princeton, NJ 08540, 

requests to remove the tolerance in 40 

CFR 180.532 for residues of the 

fungicide, cyprodinil, 4-cyclopropyl-6- 

methyl-N-phenyl-2-pyrimidinamine, in 

or on fruit, stone, group 12 at 2.0 parts 

per million (ppm). The Syngenta Crop 

Protection Method AG–631B is used to 


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measure and evaluate the chemical 

cyprodinil. (RD) 

4. PP 4E8274. (EPA–HQ–OPP–2014– 

0470). Interregional Research Project 

No. 4 (IR–4), 500 College Road East, 

Suite 201W, Princeton, NJ 08540, 

requests to remove the tolerances in 40 

CFR 180.475 for residues of the 

fungicide, difenoconazole, 1-[2-[2- 

chloro-4-(4-chlorophenoxy)phenyl]-4- 

methyl-1,3-dioxolan-2-ylmethyl]-1H1,2,4-triazole, in or on fruit, stone, group 

12 at 2.5 parts per million (ppm); nut, 

tree, group 14 at 0.03 ppm; and 

pistachio at 0.03 ppm. The liquid 

chromatography (LC) tandem mass 

spectrometry (MS)/(MS) method is used 

to measure and evaluate the chemical 

difenoconazole. (RD) 

5. PP 4F8262. (EPA–HQ–OPP–2014– 

0441). Syngenta Crop Protection, LLC., 

P.O. Box 18300, Greensboro, NC 27419– 

8300, requests to amend the tolerance in 

40 CFR part 180 for residues of the 

herbicide, fluazifop-p-butyl in or on 

sweet potato roots from 0.05 parts per 

million (ppm); to 1.5 ppm. The PAM 

Vol. II, Method II is used to measure and 

evaluate the chemical fluazifop-p-butyl. 

(RD) 

6. PP 4F8279. (EPA–HQ–OPP–2014– 

0489). Dow AgroSciences, LLC., 9330 

Zionsville Road, Indianapolis, IN 

46268–1054, requests to amend the 

tolerances in 40 CFR 180.417 to include 

residues of the herbicide, triclopyr 

choline salt as triclopyr, [(3,5,6- 

trichloro-2-pyridinyl)oxy] acetic acid, 

including its metabolites and 

degradates, in or on the raw agricultural 

commodities listed. An analytical 

method using electron capture gas 

chromatography is used to measure and 

evaluate the chemical triclopyr. (RD) 

New Tolerance Exemptions 

1. PP 3E8217. (EPA–HQ–OPP–2014– 

0374). Interregional Research Project 

No. 4 (IR–4), 500 College Road East, 

Suite 201W, Princeton, New Jersey 

08540, on behalf of BetaTec Hop 

Products, Inc., 5185 MacArthur Blvd. 

NW., Suite 300, Washington, DC 20016, 

requests to establish an exemption from 

the requirement of a tolerance for 

residues of the biochemical pesticide 

potassium salts of hop beta acids, in or 

on honey and honeycomb. The 

petitioner believes no analytical method 

is needed because it is not required for 

a tolerance exemption. (BPPD) 

2. PP IN–10671. (EPA–HQ–OPP– 

2014–0514). BASF, EPA Company 

Number 71840, 26 Davis Drive, 

Research Triangle Park, NC 27709, 

requests to establish an exemption from 

the requirement of a tolerance for 

residues of polyethylene glycol alkyl 

ether sulfosuccinate disodium salts 

(CAS Nos. 68954–91–6 and 68815–56– 

5), for use as an inert ingredient in seed 

treatment formulations in accordance 

with 40 CFR 180.920. The petitioner 

believes no analytical method is needed 

because it is not required for the 

establishment of a tolerance exemption 

for inert ingredients. (RD) 

3. PP IN–10674. (EPA–HQ–OPP– 

2014–0217). Spring Trading Company, 

10805 West Timberwagon Circle, 

Spring, TX 77380–4030, on behalf of 

Croda, Inc., 315 Cherry Lane, New 

Castle, DE 19720, requests to establish 

an exemption from the requirement of a 

tolerance for residues of the 

polyoxyalkylated sorbitan fatty acid 

esters with C6 through C22 aliphatic 

alkanoic and/or alkenoic fatty acids, 

branched or linear, the resulting 

polyoxyalkylene sorbitan esters having a 

minimum molecular weight of 1,000 

(CAS Nos. 81776–11–6, 87090–31–1, 

88895–72–1; 1472661–05–4, 161026– 

53–5, 103171–31–9, 1472661–17–8, 

1472668–03–3, 1472655–32–5, 

1472663–59–4, 1472663–64–1, 

1472663–66–3, 1472663–92–5, 

1472654–83–3, 1472644–84–0, 

1472644–85–1, 1472644–87–3, 

1472644–88–4, 1472644–80–6, 

1472644–81–7) when used as a 

pesticide inert ingredient in pesticide 

formulations as dispersants, emulsifiers, 

surfactants, and related adjuvants of 

surfactants. The petitioner believes no 

analytical method is needed because it 

is not required for the establishment of 

a tolerance exemption for inert 

ingredients. (RD) 

4. PP IN–10690. (EPA–HQ–OPP– 

2014–0467). Spring Trading Company, 

LLC., 10805 West Timberwagon Circle, 

Spring, Texas 77380, on behalf of Croda 

Inc., 315 Cherry Lane, New Castle DE, 

19720, requests to amend an exemption 

from the requirement of a tolerance in 

40 CFR 180.910 and 180.930 for 

residues of the alkyl alcohol alkoxylate 

phosphate and sulfate derivatives 

(AAAPD and AAASD respectively), 

(CAS Nos. 37281–86–0, 51325–10–1, 

52019–38–2, 58206–38–5, 58857–49–1, 

62482–61–5, 63887–54–7, 66020–37–9, 

66281–20–7, 68332–75–2, 68400–75–9, 

70844–96–1, 78041–18–6, 82465–25–6, 

84843–37–8, 95014–34–9, 99924–51–3, 

120913–45–3, 123339–53–7, 129208– 

04–4, 144336–75–4, 146815–57–8, 

151688–56–1, 159704–69–5, 172027– 

16–6, 172274–69–0, 176707–42–9, 

181963–82–6, 188741–55–1, 191940– 

53–1, 210993–53–6, 290348–69–5. 

290348–70–8, 340681–28–9, 422563– 

26–6, 522613–09–8, 717140–06–2, 

717140–09–5, 717827–29–7, 762245– 

80–7, 762245–81–8, 866538–89–8, 

866538–90–1, 913068–96–9, 1087209– 

87–7, 1174313–54–2, 1205632–03–6, 

1233235–49–8, 1451002–50–8, 

1456802–88–2, 1456802–89–3, 

1456803–12–5, 3694–74–4, 9086–52–6, 

15826–16–1, 25446–78–0, 27731–61–9, 

55901–67–2, 61894–66–4, 63428–85–3, 

65104–74–7, 65122–38–5, 67762–19–0, 

67762–21–4, 67923–90–4, 68611–29–0, 

119432–41–6, and 219756–63–5) when 

used as a pesticide inert ingredient in 

pesticide formulations for post-harvest 

use on agricultural crops and when 

applied to animals. The petitioner 

believes no analytical method is needed 

because it is not required for the 

establishment of a tolerance exemption 

for inert ingredients. (RD) 

5. PP IN–10704. (EPA–HQ–OPP– 

2014–0418). Loveland Products, Inc., 

3005 Rocky Mountain Avenue, 

Loveland, CO 80538, requests to 

establish an exemption from the 

requirement of a tolerance for residues 

of the phenol, 2-(2H-benzotriazol-2-yl)- 

6-dodecyl-4-methyl- (CAS No. 23328– 

53–2) when used as a pesticide inert 

ingredient in pesticide formulations as a 

ultra-violet (UV) stabilizer not to exceed 

10% weight/weight (w/w) in pesticide 

formulations under 40 CFR 180.920 

(pre-harvest uses). The petitioner 

believes no analytical method is needed 

because CAS No. 23328–53–2 is 

currently approved for use at no more 

than 0.6% in pesticide formulations. 

(RD) 

6. PP IN–10705. (EPA–HQ–OPP– 

2014–0481). Akzo Nobel Surface 

Chemistry, LLC., 525 West Van Buren 

Street, Chicago, IL 60607–3823, requests 

to establish an exemption from the 

requirement of a tolerance for residues 

of 2-propenoic acid, 2-methyl-, 

phenylmethyl ester, polymer with 2- 

propenoic acid, peroxydisulfuric acid 

([(HO)S(O)2]2O2) sodium salt (1:2)- 

initiated, compounds with 

diethanolamine; (CAS No.1574486–33– 

1) with a minimum number average 

molecular weight (in amu) of 2,000, 

when used as a pesticide inert 

ingredient in pesticide formulations 

under 40 CFR 180.960. The petitioner 

believes no analytical method is needed 

because it is not required for an 

exemption from the requirement of a 

tolerance. (RD) 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 


rmajette on DSK2TPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 172 / Friday, September 5, 2014 / Proposed Rules 53013 

Dated: August 22, 2014. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2014–21101 Filed 9–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

[Docket No. 140429386–4386–01] 

RIN 0648–XD275 

Petition To Designate Sakhalin BayAmur River Beluga Whales Stock as 

Depleted Under the Marine Mammal 

Protection Act; Finding 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of 60-day petition 

finding; extension of public comment 

period. 

SUMMARY: NMFS received a petition to 

‘‘designate the Sakhalin Bay-Amur River 

stock of beluga whales (Delphinapterus 

leucas) as a depleted stock under the 

Marine Mammal Protection Act 

(MMPA).’’ On August 1, 2014, NMFS 

announced that the petition presented 

substantial information indicating that 

the petitioned action may be warranted 

and that NMFS would initiate a status 

review promptly. NMFS also solicited 

information from the public that may 

contribute to the status review. NMFS is 

extending the comment period for 30 

days. 

DATES: The comment period for the 

petition finding published August 1, 

2014, at 79 FR 44733, is extended. 

Information and comments must be 

received by close of business on 

September 29, 2014. 

ADDRESSES: The petition and a list of 

references contained in this notice are 

available in electronic form via the 

Internet at http://www.nmfs.noaa.gov/

pr/. A copy of the petition and/or its 

supporting documents may be requested 

from Chief, Marine Mammal and Sea 

Turtle Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910. 

You may submit comments, identified 

by NOAA–NMFS–2014–0056, by any of 

the following methods: 

Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http://

www.regulations.gov. 

Mail: Send comments or requests for 

copies of reports to: Chief, Marine 

Mammal and Sea Turtle Conservation 

Division, Office of Protected Resources, 

National Marine Fisheries Service, 1315 

East-West Highway, Silver Spring, MD 

20910–3226, Attn: Beluga petition. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http://

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Shannon Bettridge, Office of Protected 

Resources, Silver Spring, MD; 

shannon.bettridge@noaa.gov; (301) 427– 

8402. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 23, 2014, NMFS received a 

petition from the Animal Welfare 

Institute, Whale and Dolphin 

Conservation, Cetacean Society 

International and Earth Island Institute 

to ‘‘designate the Sakhalin Bay-Amur 

River stock of beluga whales as depleted 

under the MMPA.’’ The petition asserts 

this group of whales constitutes a stock 

and that this stock is below its optimum 

sustainable population (OSP) and 

qualifies for a depleted designation. It 

also argues that the causes of the stock’s 

decline include: large-scale commercial 

hunting from 1915–1963; unsustainable 

removal quotas; hunting permits; 

incidental mortality from fishing 

operations; accidental drowning during 

live-capture operations; vessel strikes; 

and other anthropogenic threats. 

The MMPA allows interested parties 

to petition NMFS to initiate a status 

review to determine whether a species 

or stock of marine mammals should be 

designated as depleted. Section 

115(a)(3) of the MMPA (16 U.S.C. 

1383b(a)(3)) requires NMFS to publish a 

notice in the Federal Register that such 

a petition has been received and is 

available for public review. Within 60 

days of receiving a petition, NMFS must 

publish a finding in the Federal 

Register as to whether the petition 

presents substantial information 

indicating that the petitioned action 

may be warranted. 

Pursuant to Section 115(a)(3)(A) of the 

MMPA, NMFS published a notice in the 

Federal Register that the petition had 

been received and was available for 

public review (79 FR 28879, May 20, 

2014). In response to its announcement 

that the petition had been received, 

NMFS received 17 comments, all 

expressing support for the petitioned 

action. Several non-governmental 

organizations submitted letters of 

support, providing information similar 

or identical to the information provided 

in the petition. These comments and 

supporting information can be found at 

www.regulations.gov (Docket ID: 

NOAA–NMFS–2014–0056). 

Pursuant to Section 115(a)(3)(B) of the 

MMPA, NMFS published a notice in the 

Federal Register stating that after 

reviewing information presented in the 

petition, readily available in our files, 

and submitted through the public 

comment process, the petition presented 

substantial information indicating that 

the petitioned action may be warranted 

and that NMFS will initiate a status 

review (79 FR 44733, August 1, 2014). 

NMFS subsequently received a 

request by the Georgia Aquarium to 

extend the public comment period by 60 

days to provide all stakeholder parties, 

including the Aquarium, an adequate 

opportunity to provide NMFS with the 

information necessary to make an 

accurate determination on the status of 

the species. In this notice NMFS is 

extending the public comment period 

until October 6, 2014, to allow adequate 

time for the public to provide scientific 

information relevant to the status of the 

Sakhalin Bay-Amur River beluga 

whales. To provide a more extended 

public comment period would preclude 

NMFS from meeting its statutory 

requirements under the MMPA. The 

MMPA mandates NMFS to promptly 

initiate a status review and if the status 

review supports the petitioned action, 

publish in the Federal Register and 

solicit comments on a proposed rule as 

to the status of the stock, along with the 

reasons underlying the proposed status 

determination no later than 210 days 

after receipt of the petition. 

Information Solicited 

To ensure that the status review is 

based on the best scientific information 

available, we are soliciting scientific 

information relevant to the status of the 

Sakhalin Bay-Amur River beluga whales 

from the public, including individuals 

and organizations concerned with the 

conservation of marine mammals, 

persons in industry which may be 


rmajette on DSK2TPTVN1PROD with PROPOSALS