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[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Proposed Rules]
[Pages 50661-50665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20655]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0001; FRL-9358-9]

Notice of Filing of Several Pesticide Petitions Filed for 
Residues of Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petitions and request for comment.

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SUMMARY: This document announces the Agency's receipt of several 
initial filings of pesticide petitions requesting the establishment or 
modification of regulations for residues of pesticide chemicals in or 
on various commodities.

DATES: Comments must be received on or before September 21, 2012.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition number (PP) of interest as shown 
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: A contact person, with telephone 
number and email address, is listed at the end of each pesticide 
petition summary. You may also reach each contact person by mail at 
Biopesticides and Pollution Prevention Division (7511P) or 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. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed at the end of 
the pesticide petition summary of interest.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that 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

[[Page 50662]]

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 180 for residues of pesticide chemicals in or on 
various food commodities. The Agency is taking public comment on the 
requests before responding to the petitioners. EPA is not proposing any 
particular action at this time. EPA has determined that the pesticide 
petitions described in this document contain the data or information 
prescribed in FFDCA section 408(d)(2); however, EPA has not fully 
evaluated the sufficiency of the submitted data at this time or whether 
the data support granting of the pesticide petitions. After considering 
the public comments, EPA intends to evaluate whether and what action 
may be warranted. Additional data may be needed before EPA can make a 
final determination on these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions 
that are the subject of this document, prepared by the petitioner, is 
included in a docket EPA has created for each rulemaking. The docket 
for each of the petitions is available online at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)), 
EPA is publishing notice of the petition so that the public has an 
opportunity to comment on this request for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petition may be obtained 
through the petition summary referenced in this unit.

New Tolerances

    1. PP 2E8012. (EPA-HQ-OPP-2012-0427). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W., Princeton, 
NJ 08540, requests to establish tolerances in 40 CFR part 180 for 
residues of the fungicide tebuconazole, alpha-[2-(4-
chlorophenyl)ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-
ethanol, including its metabolites and degradates, in or on barley, 
grain at 0.3 parts per million (ppm); vegetable, cucurbit group 9 at 
0.4 ppm; and vegetable, fruiting group 8-10 at 1.3 ppm. An enforcement 
method for plant commodities has been validated on various commodities. 
It has undergone successful EPA validation and has been submitted for 
inclusion in the Pesticide Analytical Manual, Vol. II (PAM II). The 
animal method has also been approved as an adequate enforcement method. 
Contact: Sidney Jackson, (703) 305-7610, email address: 
jackson.sidney@epa.gov.
    2. PP 2E8016. (EPA-HQ-OPP-2012-0357). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W., Princeton, 
NJ 08540, requests to establish tolerances in 40 CFR part 180 for 
residues of the insecticide hexythiazox (4-chlorophenyl)-4-methyl-2-
oxo-3-thiazolidine moiety, in or on pepper/eggplant subgroup 8-10B at 
1.5 ppm; fruit, pome, group 11-10 at 0.25 ppm; caneberry subgroup 13-
07A at 1.0 ppm; fruit, small, vine climbing, except fuzzy kiwifruit, 
subgroup 13-07F at 1.0 ppm; and berry, low growing, subgroup 13-07G at 
3.0 ppm. A practical analytical method, high pressure liquid 
chromatography (HPLC) with a ultra violet (UV) detector, which detects 
and measures residues of hexythiazox and its metabolites as a common 
moiety is available for enforcement purposes with a limit of detection 
that allows monitoring of food with residues at or above the levels set 
in this tolerance. Contact: Sidney Jackson, (703) 305-7610, email 
address: jackson.sidney@epa.gov.
    3. PP 2E8018. (EPA-HQ-OPP-2012-0405). 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 emamectin 
benzoate, 4'-epi-methylamino-4'-deoxyavermectin B1 benzoate 
(a mixture of a minimum of 90% 4'-epi-methylamino-4'- deoxyavermectin 
B1a and a maximum of 10% 4'-epi-methlyamino-4'-
deoxyavermectin B1b benzoate), and its metabolites 8,9 
isomer of the B1a and B1b component of the parent 
insecticide, in or on imported wine at 0.005 ppm. Adequate analytical 
methods, HPLC-fluorescence methods, are available for enforcement 
purposes. Contact: Thomas Harris, (703) 308-9423, email address: 
harris.thomas@epa.gov.
    4. PP 2E8025. (EPA-HQ-OPP-2012-0419). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W., Princeton, 
NJ 08540, in cooperation with Valent U.S.A. Corporation, 1600 Riviera 
Ave., Suite 200, Walnut Creek, CA 94596, requests to establish 
tolerances in 40 CFR part 180 for residues of the herbicide 
imazosulfuron, (2-chloro-N-[[(4,6-dimethoxy-2-
pyrimidinyl)amino]carbonyl] imidazo-[1,2-a]pyridine-3-sulfonamide), in 
or on tuberous and corm vegetables, crop subgroup 1C at 0.02 ppm; and 
in melon, crop subgroup 9A at 0.02 ppm. An independently validated 
analytical method has been submitted for analyzing parent imazosulfuron 
residues with appropriate sensitivity in all crop commodities for which 
tolerances are being requested. A revised analytical method using more 
ion transitions has also been provided. Contact: Andrew Ertman, (703) 
308-

[[Page 50663]]

9367, email address: ertman.andrew@epa.gov.
    5. PP 2E8045. (EPA-HQ-OPP-2012-0583). BASF Corporation, 26 Davis 
Drive, Research Triangle Park, NC 27709, requests to establish import 
tolerances in 40 CFR part 180 for residues of the herbicide imazapyr, 
2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-]H-imidazol-2-yl]-3-
pyridinecarboxylic acid, in or on rapeseed, crop subgroup 20A at 0.05 
ppm; sunflower, crop subgroup 20B at 0.05 ppm; and lentils at 0.2 ppm. 
The proposed analytical method for detecting residues of imazapyr in 
canola and sunflower raw agricultural commodities (RACs) and processed 
commodity samples is an liquid chromatography/mass spectrometry (LC/MS/
MS) method. The proposed analytical method for detecting residues of 
imazapyr in lentil RAC samples is an LC/MS/MS method. Enforcement 
methods for analysis of residues of imazapyr in animal commodities were 
included in prior submissions. M 3023 is a reliable capillary 
electrophoresis method with categorical exclusion/ultraviolet (CE/UV) 
detection for the determination of imazapyr residues in grass forage 
and grass hay. M 3184 is a reliable CE/UV method for the determination 
of imazapyr residues in meat, kidney, other meat byproducts, and fat of 
cattle, sheep, goats, and horses. M 3075 is a reliable CE/UV method for 
the determination of imazapyr residues in milk. Contact: Hope Johnson, 
(703) 305-5410, email address: johnson.hope@epa.gov.
    6. PP 1F7872. (EPA-HQ-OPP-2011-0743). AGRIPHAR S.A., c/o CERES 
International LLC., 1087 Heartsease Drive, West Chester, PA 19382, 
requests to establish tolerances in 40 CFR part 180 for residues of the 
fungicide dodine (n-dodecylguanidine acetate), in or on stone fruits 
(group 12) at 5 ppm; tree nuts (group 14, except almond hulls) at 0.3 
ppm; and almond, hulls (group 12) at 20 ppm. An adequate enforcement 
method using gas chromatography with mass selective detection (GC/MSD, 
Method 45137) is available for determining dodine residues in or on 
plant commodities. Concerning tree crops, a method using LC/MS/MS; 
METH1595.02 after the samples were extracted with methanol, was 
submitted. Adequate data collection method validation, independent 
laboratory validation (ILV), and radio-validation data for the method 
has been submitted. Since there is no reasonable expectation of finding 
residues of dodine in livestock or poultry, no analytical method for 
animal tissues is required. Contact: Tamue Gibson, (703) 305-9096, 
email address: gibson.tamue@epa.gov.
    7. PP 1F7968. (EPA-HQ-OPP-2012-0480). Dow AgroSciences LLC., 9330 
Zionsville Road, Indianapolis, IN 46268, requests to establish 
tolerances in 40 CFR part 180 for residues of the fungicide 
myclobutanil alpha-butyl-alpha-(4-chlorophenyl)-1 H-1,2,4-triazole-1-
propanenitrile, including its metabolites and degradates, in or on 
commodities. Compliance with the tolerance levels specified is to be 
determined by measuring only myclobutanil alpha[hyphen]butyl-
alpha[hyphen](4[hyphen]chlorophenyl)[hyphen]1 
H[hyphen]1,2,4[hyphen]triazole[hyphen]1[hyphen]propanenitrile and its 
alcohol metabolite 
(alpha[hyphen](3[hyphen]hydroxybutyl)[hyphen]alpha[hyphen] 
(4[hyphen]chlorophenyl)[hyphen]1 H[hyphen]1,2,4[hyphen] 
triazole[hyphen]1[hyphen]propanenitrile (free and bound)), in or on 
grass, hay at 5 ppm; and grass, forage at 1.5 ppm. Proposed tolerances 
are in association with a use pattern of grasses grown for seed with a 
45-day post-harvest interval (PHI) for hay harvest and a 45-day post-
grazing interval (PGI) for grazing. This petition supports expansion of 
the current State Local Need (SLN) uses for grasses grown for seed to a 
full national Section 3 use. An adequate enforcement method is 
available for enforcement of tolerances in plants. Quantitation is by 
GC using a GC/nitrogen-specific detector (GC/NPD) for myclobutanil and 
a GC/electron capture detection (GC/ECD) for residues measured as the 
alcohol metabolite. Contact: Marcel Howard, (703) 305-6784, email 
address: howard.marcel@epa.gov.
    8. PP 2F8015. (EPA-HQ-OPP-2012-0515). Chemtura Corporation, 199 
Benson Road, Middlebury, CT 06749, requests to establish tolerances in 
40 CFR part 180 for residues of the insecticide diflubenzuron, N-[[(4-
chlorophenyl)amino]-carbonyl]-2,6-difluorobenzamide (DFB) and its 
metabolites 4-chlorophenylurea (CPU) and 4-chloroaniline (PCA), in or 
on orange, grapefruit, and lemon (citrus fruits crop group 10) at 1.3 
ppm; and citrus oil processed commodity at 39 ppm. A practical 
analytical method for detecting and quantifying levels of diflubenzuron 
in or on food with a limit of detection that allows monitoring of the 
residue at or above the level set in the tolerance was used to 
determine residues in citrus raw agricultural commodities (RACs) and 
processed commodities. Residues of diflubenzuron (DFB) were quantitated 
by LC/MS/MS, and residues of the metabolites 4-chlorophenylurea (CPU) 
and 4-chloroaniline (PCA) were derivatized with HFBA and quantitated by 
GC/MS. Contact: Autumn Metzger, (703) 305-5314, email address: 
metzger.autumn@epa.gov.
    9. PP 2F8038. (EPA-HQ-OPP-2012-0549). BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC, 27709-3528, requests 
to establish a tolerance in 40 CFR part 180 for residues of the 
fungicide pyraclostrobin, carbamic acid, [2-[[[1-(4-chlorophenyl)-1H-
pyrazol-3-yl]oxy]methyl]phenyl]methoxy-, methyl ester and its 
metabolite methyl-N-[[[1-(4-chlorophenyl) pyrazol-3-yl]oxy]o-tolyl] 
carbamate (BF 500-3); expressed as parent compound, in or on sugarcane, 
cane at 0.2 ppm. No tolerances are proposed for the processed 
commodities, refined sugar and molasses, as no concentration of 
pyraclostrobin residues are expected in these commodities. In plants, 
the method of analysis is aqueous organic solvent extraction, column 
cleanup and quantitation by LC/MS/MS. In animals, the method of 
analysis involves base hydrolysis, organic extraction, column cleanup 
and quantitation by LC/MS/MS or derivatization (methylation) followed 
by quantitation by GC/MS. Contact: Dominic Schuler, (703) 347-0260, 
email address: schuler.dominic@epa.gov.
    10. PP 2F8042. (EPA-HQ-OPP-2012-0514). K-I CHEMICAL U.S.A., INC., 
c/o Landis International, Inc., P.O. Box 5126, Valdosta, GA 31603-5126, 
requests to establish tolerances in 40 CFR part 180 for residues of the 
herbicide pyroxasulfone (3-[(5-(difluoromethoxy)-1-methyl-3-
(trifluoromethyl) pyrazole-4-ylmethylsulfonyl]-4,5-dihydro-5,5-
dimethyl-1,2-oxazole) and its metabolite M-3 (5-difluoromethoxy-1-
methyl-3-trifluoromethyl-1H-pyrazol-4-carboxylic acid), in or on 
cotton, seed at 0.01 ppm; and pyroxasulfone (3-[(5-(difluoromethoxy)-1-
methyl-3-(trifluoromethyl) pyrazole-4-ylmethylsulfonyl]-4,5-dihydro-
5,5-dimethyl-1,2-oxazole) and its metabolite M-1 (5-difluoromethoxy-1-
methyl-3-trifluoromethyl-1H-pyrazol-4-ylmethanesulfonic acid calculated 
as the stoichiometric equivalent of pyroxasulfone, in or on cotton, gin 
byproducts at 0.2 ppm. EPA has approved an analytical enforcement 
methodology including LC/MS/MS to enforce the tolerance expression for 
pyroxasulfone. Contact: Michael Walsh, (703) 308-2972, email address: 
walsh.michael@epa.gov.
    11. PP 2F8047. (EPA-HQ-OPP-2012-0576). Arysta LifeScience North 
America, LLC., 15401 Weston Parkway, Suite 150, Cary NC 27513, requests 
to establish tolerances in 40 CFR part 180 for residues of the 
fungicide fluoxastrobin, (1E)-[2-[[6-(2-

[[Page 50664]]

chlorophenoxy)-5-fluoro-4-pyrimidinyl]oxy]phenyl](5,6-dihydro-1,4,2-
dioxazin-3-yl)methanone O-methyloxime and its Z isomer, (1Z)-[2-[[6-(2-
chlorophenoxy)-5-fluoro-4-pyrimidinyl]oxy]phenyl](5,6-dihydro-1,4,2-
dioxazin-3-yl)methanone O-methyloxime, in or on melon (subgroup 9A) at 
1.5 ppm; sorghum, grain at 1.5 ppm; sorghum, forage at 4 ppm; and 
sorghum, stover at 4 ppm. Adequate analytical methodology is available 
for enforcement purposes. The method comprises microwave solvent 
extraction followed by a solid phase extraction cleanup and 
quantification by HPLC/MS/MS. Contact: Heather Garvie, (703) 308-0034, 
email address: garvie.heather@epa.gov.

Amended Tolerances

    1. PP 2E8012. (EPA-HQ-OPP-2012-0427). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W., Princeton, 
NJ 08540, requests to amend the tolerance in 40 CFR 180.474 for 
residues of the fungicide tebuconazole, alpha-[2-(4-
chlorophenyl)ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-
ethanol, including its metabolites and degradates by removing the 
following established tolerance, in or on vegetable, fruiting, group 8 
at 1.3 ppm once the proposed tolerance for vegetable, fruiting group 8-
10 at 1.3 ppm, under ``New Tolerance'' for PP 2E8012, has been 
established since the proposed new tolerance will supersede the 
existing tolerance. Contact: Sidney Jackson, (703) 305-7610, email 
address: jackson.sidney@epa.gov.
    2. PP 2E8016. (EPA-HQ-OPP-2012-0357). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W., Princeton, 
NJ 08540, requests to amend the tolerances in 40 CFR 180.448 for 
residues of the insecticide hexythiazox (4-chlorophenyl)-4-methyl-2-
oxo-3-thiazolidine moiety, by removing the following established 
tolerances, in or on pome fruit crop group 11, caneberry subgroup 13A, 
grape, and strawberry once the proposed tolerances for pepper/eggplant 
subgroup 8-10B at 1.5 ppm; fruit, pome, group 11-10 at 0.25 ppm; 
caneberry subgroup 13-07A at 1.0 ppm; fruit, small, vine climbing, 
except fuzzy kiwifruit, subgroup 13-07F at 1.0 ppm; and berry, low 
growing, subgroup 13-07G at 3.0 ppm under ``New Tolerance'' for PP 
2E8016, have been established since the proposed new tolerances will 
supersede the existing tolerances. Contact: Sidney Jackson, (703) 305-
7610, email address: jackson.sidney@epa.gov.
    3. PP 2E8036. (EPA-HQ-OPP-2012-0488). Syngenta Crop Protection, 
Inc., P.O. Box 18300, Greensboro, NC, 27419, requests to amend the 
tolerance in 40 CFR 180.565 for residues of the insecticide 
thiamethoxam [3-[(2-chloro-5-thiazolyl)methyl]tetrahydro-5-methyl-N-
nitro-4H-1,3,5-oxadiazin-4-imine](CAS Reg. No. 153719-23-4) and its 
metabolite [N-(2-chloro-thiazol-5-ylmethyl)-N'-methyl-N'-nitro-
guanidine], in or on coffee from 0.05 ppm to 0.2 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 (LC) with either 
UV or mass spectrometry (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, email address: chao.julie@epa.gov.
    4. PP 1F7872. (EPA-HQ-OPP-2011-0743). AGRIPHAR S.A., c/o CERES 
International LLC., 1087 Heartsease Drive, West Chester, PA 19382, 
requests to amend the tolerances in 40 CFR 180.172 for residues of the 
fungicide dodine (n-dodecyl guanidine acetate) by removing the 
following established tolerances in or on cherry, sweet at 3 ppm; 
cherry, tart at 3 ppm; peach at 5 ppm; pecan at 0.3 ppm; and walnut at 
0.3 ppm, upon approval of stone fruits (group 12); and tree nuts (group 
14, except almond hulls) under ``New Tolerance'' for PP 1F7872. 
Contact: Tamue Gibson, (703) 305-9096, email address: 
gibson.tamue@epa.gov.
    5. PP 1F7937. (EPA-HQ-OPP-2012-0455). BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528, requests 
to amend the tolerance in 40 CFR 180.617 by increasing the established 
tolerance for residues of the fungicide metconazole, 5-[(4-
chlorophenyl)-methyl]-2,2-dimethyl-1-(1H-1,2,4-triazol-1-
ylmethyl)cyclopentanol, measured as the sum of cis- and trans-isomers, 
in or on corn, sweet, stover from 4.5 ppm to 25.0 ppm. Independently 
validated analytical methods have been submitted for analyzing parent 
metconazole residues with appropriate sensitivity in the raw crop and 
processed commodities for sweet corn stover for which an increase in 
tolerance is being requested. Contact: Tamue Gibson, (703) 305-9096, 
email address: gibson.tamue@epa.gov.
    6. PP 2F8009. (EPA-HQ-OPP-2012-0418). Syngenta Crop Protection, 
LLC., P.O. Box 18300, Greensboro, NC 27419-8300, requests to amend the 
tolerances in 40 CFR 180.449 for the combined residues of the 
insecticide avermectin B1(a mixture of avermectins 
containing greater than or equal to 80% avermectin B1a (5-O-
demethyl avermectin A1) and less than or equal to 20% 
avermectin B1b (5-O-demethyl-25-de(1-methylpropyl)-25-(1-
methylethyl) avermectin A1) and its delta-8,9-isomer, in or 
on cotton, delinted seed; and cotton, gin by-products from 0.005 ppm to 
0.015 ppm; and strawberry from 0.02 ppm to 0.06 ppm. The analytical 
methods involve homogenization, filtration, partition, and cleanup with 
analysis by HPLC-fluorescence detection. The methods are sufficiently 
sensitive to detect residues at or above the tolerances proposed. All 
methods have undergone independent laboratory validation. Contact: 
Jessica Rogala, (703) 347-0263, email address: rogala.jessica@epa.gov.

New Tolerance Exemptions

    1. PP 1E7843. (EPA-HQ-OPP-2012-0572). Diversey, Inc., 8310 16th 
St., Sturtevant, WI 53177, requests to establish an exemption from the 
requirement of a tolerance for residues of FD&C Red No. 40 (conforming 
to 21 CFR 74.340) when used as a pesticide inert ingredient (colorant) 
in no-rinse, food contact surface sanitizer (sanitizer) products. The 
full chemical name of FD&C Red No. 40 is 2-naphthalenesulfonic acid, 6-
hydroxy-5-[(2-methoxy-5-methyl-4-sulfophenyl)azo]-, disodium salt (CAS 
No. 25956-17-6). Commonly used synonyms are Food Red No. 40 and FD&C 
Red No. 40 in the United States and Allura Red AC in Europe. The 
petitioner believes no analytical method is needed because it is not 
required for the establishment of a tolerance exemption for inert 
ingredients. Contact: Roger Chesser, (703) 347-8516, email address: 
chesser.roger@epa.gov.
    2. PP 2E8004. (EPA-HQ-OPP-2012-0568). Sensient Colors, LLC., 2515 
N. Jefferson Ave., St. Louis, MO 63106, requests to establish an 
exemption from the requirement of a tolerance for residues of FD&C Blue 
1 (CAS No. 3844-45-9) when used as a pesticide inert 
ingredient for use as a seed treatment (dye) in pesticide formulations 
in accordance with 40 CFR 180.920 pre-harvest applications. FD&C Blue 
1 is already approved as a pesticide inert ingredient and has 
existing tolerance exemptions under 40

[[Page 50665]]

CFR 180.910 pre- and post-harvest and 40 CFR 180.930 animal uses. The 
petitioner believes no analytical method is needed because it is not 
required for the establishment of a tolerance exemption for inert 
ingredients. Contact: Elizabeth Fertich, (703) 347-8560, email address: 
fertich.elizabeth@epa.gov.
    3. PP 2E8010. (EPA-HQ-OPP-2012-0461). Rhodia Inc., c/o SciReg, 
Inc., 12733 Director's Loop, Woodbridge, VA 22192, requests to 
establish an exemption from the requirement of a tolerance for residues 
of the methyl 5-(dimethylamino)-2-methyl-5-oxopentanoate (CAS No. 
1174627-68-9) and related reaction products, herein referred to as 
methyl 5-(dimethylamino)-2-methyl-5-oxopentanoate, under 40 CFR 180.910 
when used as a pesticide inert ingredient in pesticide formulations. 
Rhodia, is requesting that methyl 5-(dimethylamino)-2-methyl-5-
oxopentanoate be exempt from the requirement of a tolerance under 40 
CFR 180.910. Therefore, Rhodia believes that an analytical method to 
determine residues in treated crops is not relevant. Contact: Mark Dow, 
(703) 305-5533, email address: dow.mark@epa.gov.
    4. PP 2E8031. (EPA-HQ-OPP-2012-0469).Wellmark International, 
Central Life Sciences, 1501 East Woodfield Road, Suite 200 West, 
Schaumburg, IL 60173, requests to establish an exemption from the 
requirement of a tolerance for residues of diisopropyl adipate (CAS No. 
6938-94-9) under 40 CFR 180.920 in or on all raw agricultural 
commodities when used as a pesticide inert ingredient in pesticide 
formulations applied pre-harvest, as a consequence of mosquito 
treatment in and around growing crops. Diisopropyl Adipate (DIPA) is 
currently used in non-food pesticide formulations and is now proposed 
for use in pesticide formulations intended to control mosquitoes in 
agricultural areas where food crops may receive incidental exposure. 
The petitioner believes no analytical method is needed because it is 
not required for the establishment of a tolerance exemption for inert 
ingredients. Contact: David Lieu, (703) 305-0079, email address: 
lieu.david@epa.gov.
    5. PP 2E8033. (EPA-HQ-OPP-2012-0456). H.B. Fuller Company, 1200 
Willow Lake Boulevard, Saint Paul, MN 55101, requests to establish an 
inert ingredient low risk polymer exemption from the requirement of a 
tolerance for residues of 2-propenoic acid, 2-ethylhexyl ester, polymer 
with ethenylbenzene (8,900 amu) (CAS No. 25153-46-2) under 40 CFR 
180.960 when used as a pesticide inert binder ingredient for 
antimicrobial pesticide formulations. The petitioner believes no 
analytical method is needed because it is not required for the 
establishment of a tolerance exemption for inert ingredients. Contact: 
Mark Dow, (703) 305-5533, email address: dow.mark@epa.gov.
    6. PP 2E8043. (EPA-HQ-OPP-2012-0491). Suterra LLC., 20950 NE. Talus 
Place, Bend, OR 97701, requests to establish an exemption from the 
requirement of a tolerance for residues of n-heptane (CAS No. 142-82-5) 
under 40 CFR 180.920 in or on raw agricultural commodities, when used 
as a pesticide inert ingredient in aerosol, pheromone mating disruption 
products only, and only in concentrations less than 40% of the total 
formulation, and applied to growing crops only. Suterra LLC., is 
applying for an exemption from the requirement of a tolerance for n-
heptane under 40 CFR 180.920. Therefore, no analytical method to 
analyze for n-heptane is enclosed with this petition. Contact: David 
Lieu, (703) 305-0079, email address: lieu.david@epa.gov.
    7. PP 2F8001. (EPA-HQ-OPP-2012-0591). EcoSMART Technologies, Inc., 
20 Mansell Road, Suite 375, Roswell, GA 30076, requests to establish an 
exemption from the requirement of a tolerance for residues of the 
biochemical pesticide 2-phenethyl propionate (2-pep) (CAS No. 122-70-3) 
and its degradates phenethyl alcohol (PEA) (CAS No. 60-12-8) and 
propionic acid (CAS No. 79-09-4), in or on all food commodities. The 
petitioner believes no analytical method for residues is required 
because it is expected that, when used as proposed, 2-pep, and its 
degradates PEA and propionic acid, would not result in residues that 
are of toxicological concern. Contact: Cheryl Greene, (703) 308-0352, 
email address: greene.cheryl@epa.gov.

List of Subjects

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

    Dated: August 10, 2012.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2012-20655 Filed 8-21-12; 8:45 am]
BILLING CODE 6560-50-P
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