Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Proposed Rules 33785 

interested in commenting on this 

document should do so at this time. 

For additional information see the 

direct final rule which is published in 

the Rules Section of this Federal 

Register. 

Dated: May 22, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2013–13187 Filed 6–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0023; FRL–9386–2] 

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 July 5, 2013. 

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 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 

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 


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33786 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Proposed Rules 

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 Tolerance 

1. PP 2E8074. (EPA–HQ–OPP–2013– 

0295). Cheminova A/S, c/o Cheminova, 

Inc., 1600 Wilson Blvd., Suite 700, 

Arlington, VA 22209–2510, requests to 

establish import tolerances in 40 CFR 

Part 180 for residues of the fungicide 

flutriafol, in or on coffee, bean, green at 

0.20 parts per million (ppm) and coffee, 

instant at 0.30 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 Gibson, (703) 305–9096, 

email address: gibson.tamue@epa.gov. 

2. PP 2E8123. (EPA–HQ–OPP–2013– 

0141). Syngenta Crop Protection LLC., 

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

8300, requests to establish import 

tolerances in 40 CFR part 180 for 

residues of the fungicide, 

benzovindiflupyr (SYN545192), in or on 

coffee, bean, green at 0.09 ppm; and 

sugarcane, cane at 0.04 ppm. QuEChERS 

multi-residue method (EN 15662:2009) 

has been validated and independently 

validated for post-registration 

monitoring of SYN545192 for 

compliance with maximum residue 

levels (MRLs) and import tolerances in 

plant and animal commodities. Contact: 

Shaunta Hill, (703) 347–8961, email 

address: hill.shaunta@epa.gov. 

3. PP 2E8137. (EPA–HQ–OPP–2013– 

0038). 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 flonicamid and its 

metabolites and degradates determined 

by measuring flonicamid [N- 

(cyanomethyl)-4-(trifluoromethyl)- 3- 

pyridinecarboxamide] and its 

metabolites TFNA (4-trifluoromethylnicotinic acid), TFNA–AM (4- 

trifluoromethyl-nicotinamide), and 

TFNG [N-(4-trifluoromethylnicotinoyl)glycine], calculated as 

the stoichiometric equivalent of 

flonicamid, in or on alfalfa, forage at 7.0 

ppm; alfalfa, hay at 0.20 ppm; alfalfa, 

seed at 1.5 ppm; clover, forage at 7.0 

ppm; clover, hay at 4.0 ppm; 

peppermint, tops at 7.0 ppm; spearmint, 

tops at 7.0 ppm; vegetable, fruiting, 

group 8–10 at 0.40 ppm; vegetable, 

cucurbit, group 9 at 1.5 ppm; fruit, 

pome, group 11–10 at 0.20 ppm; and 

fruit, stone, group 12–12 at 0.60 ppm. 

Analytical methodology has been 

developed to determine the residues of 

flonicamid and its three major plant 

metabolites, TFNA, TFNG, and TFNA– 

AM in various crops. The residue 

analytical method for the majority of 

crops includes an initial extraction with 

acetonitrile (ACN)/deionized (DI) water, 

followed by a liquid-liquid partition 

with ethyl acetate. The residue method 

for wheat straw is similar, except that a 

C18 solid phase extraction (SPE) is 

added prior to the liquid-liquid 

partition. The final sample solution is 

quantitated using liquid 

chromatography (LC) equipped with a 

reverse phase column and a triple 

quadruple mass spectrometry (MS/MS). 

Contact: Andrew Ertman, (703) 308– 

9367, email address: 

ertman.andrew@epa.gov. 

4. PP 3E8146. (EPA–HQ–OPP–2013– 

0258). BASF Corporation, P.O. Box 

13528, Research Triangle Park, NC 

27709, requests to establish tolerances 

in 40 CFR part 180 for residues of the 

insecticide metaflumizone, in or on 

tomato at 0.6 ppm; bell pepper at 0.6 

ppm; and eggplant at 0.6 ppm. BASF 

Analytical Method No. 531/0 was 

developed to determine residues of 

metaflumizone and its metabolites 

M320I04 and M320I23 in crop matrices. 

In this method, residues of 

metaflumizone are extracted from plant 

matrices with methanol/water (70:30; v/ 

v) and then partitioned into dichloromethane. For oily matrices, the residues 

are extracted with a mixture of 

isohexane/acetonitrile (1:1; v/v). The 

final determination of metaflumizone 

and its metabolites is performed by LC/ 

MS/MS. Contact: Julie Chao, (703) 308– 

8735, email address: 

chao.julie@epa.gov. 

5. PP 3E8150. (EPA–HQ–OPP–2013– 

0161). 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 fenamidone, [4H-imidazol-4- 

one, 3,5-dihydro-5-methyl-2- 

(methylthio)-5-phenyl-3-(phenylamino)- 

, (S)-], in or on ginseng at 0.80 ppm; 

bean, succulent at 0.80 ppm; onion, 

bulb, subgroup 03–07A at 0.20 ppm; 

and onion, green, subgroup 03–07B at 

1.5 ppm. Although residue levels 

approaching the proposed tolerances are 

unlikely, independently validated 

enforcement methods are available for 

determining residues of fenamidone and 

relevant metabolites. Residues are 

quantified by high performance liquid 

chromatography (HPLC) with MS/MS 

detection. Contact: Laura Nollen, (703) 

305–7390, email address: 

nollen.laura@epa.gov. 

6. PP 3E8167. (EPA–HQ–OPP–2012– 

0589). Interregional Research Project 

Number 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 

herbicide fomesafen, in or on bean, 

lima, succulent at 0.05 ppm. The gas 

chromatography with NitrogenPhosphorus detection (GC–NPD) has 

been developed and validated for 

residues of fomesafen in snap/dry 

beans, cotton seed, and cotton gin 

byproducts, as well as for other crops, 

and is used to measure and evaluate the 

chemical fomesafen. Contact: Laura 

Nollen, (703) 305–7390, email address: 

nollen.laura@epa.gov. 

7. PP 2F8101. (EPA–HQ–OPP–2013– 

0226). Bayer CropScience LP, 2 T.W. 

Alexander Drive, P.O. Box 12014, 

Research Triangle Park NC 27709, 

requests to establish tolerances in 40 

CFR part 180 for residues of the 

insecticide flupyradifurone, in or on 

aspirated grains, fractions at 40 ppm; 

root vegetables, except sugar beets, crop 

subgroup 1B at 1.5 ppm; tuberous and 

corm vegetable, crop sub-group 1C at 0.5 

ppm; onion, bulb subgroup, crop 

subgroup 3–07A at 0.3 ppm; onion, 

green subgroup, crop subgroup 3–07B at 

3 ppm; leafy vegetables, except brassica 

vegetables, crop group 4 at 40 ppm; taro, 

leaves at 40 ppm; head and stem 

brassica, crop subgroup 5A at 6 ppm; 

leafy brassica, greens, crop subgroup 5B 

at 40 ppm; turnip, greens at 40 ppm; 

edible-podded legume vegetables, crop 

subgroup 6A at 5 ppm; succulent 

shelled pea and bean, crop subgroup 6B 

at 4 ppm; dried shelled pea and bean 

except soybean, crop subgroups 6C at 6 

ppm; foliage of legume vegetables, 

including soybeans, crop group 7, forage 

green vines at 40 ppm; foliage of legume 

vegetables, including soybean, crop 

group 7, hay at 50 ppm; soybean, seed 

at 4 ppm; fruiting vegetables, except 

cucurbits, crop group 8–10, fruit at 3 

ppm; tomato, paste at 4 ppm; cucurbit 

vegetables, crop group 9, fruit at 2 ppm; 

citrus fruits, crop group 10–10, fruit at 

3 ppm; citrus, pulp, dried at 15 ppm; 

pome fruits, crop group 11–10, fruit at 

1.5 ppm; bushberry, subgroup, crop 

subgroup 13–07B at 4 ppm; small fruit 

vine climbing subgroup, except fuzzy 


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kiwifruit, crop subgroup 13–07F at 3 

ppm; grapes, raisin at 6 ppm; low 

growing berry subgroup, crop subgroup 

13–07G at 1.5 ppm; tree nuts, crop 

group 14, nutmeat at 0.15 ppm; 

pistachio at 0.15 ppm; tree nut, crop 

group 14, hulls at 15 ppm; grain, cereal, 

crop group 15, except rice grain at 4 

ppm; sweet corn, kernels plus cobs with 

husks removed (K+CWHR) at 0.4 ppm; 

wheat, bran at 5 ppm; rice, grain 

(rotational crop) at 4 ppm; grain cereal 

(forage, fodder and straw), group 16, 

forage at 20 ppm; grain cereal (forage, 

fodder and straw), group 16, hay at 40 

ppm; grain cereal (forage, fodder and 

straw), group 16, straw at 30 ppm; grain 

cereal (forage, fodder and straw), group 

16, stover at 15 ppm; cotton, undelinted 

seed crop subgroup 20C at 0.9 ppm; 

cotton, gin by-products at 40 ppm; 

nongrass animal feeds, forage, crop 

group 18 at 20 ppm; nongrass animal 

feeds, hay, crop group 18 at 40 ppm; 

coffee, bean, green at 2 ppm; coffee, 

bean, roasted, instant at 3 ppm; hops at 

20 ppm; peanut, hay at 30 ppm; peanut, 

nutmeat at 0.15 ppm; prickly pear 

cactus, fruit at 0.5 ppm; pitaya, fruit at 

0.5 ppm; prickly pear cactus, pads at 0.9 

ppm; cattle/goat/hog/horse/sheep, fat at 

0.5 ppm; cattle/goat/hog/horse/sheep, 

meat at 1 ppm; cattle/goat/hog/horse/ 

sheep, meat byproducts at 2 ppm; milk 

at 0.3 ppm; poultry, eggs at 0.3 ppm; 

poultry, meat at 0.5 ppm; and poultry, 

meat byproducts at 0.5 ppm. Tolerances 

are being proposed in primary crops, 

rotational crops, animal tissues and 

milk for flupyradifurone and the 

metabolite difluoroacetic acid (DFA). 

The analytical method involves, solvent 

extraction, purification through a C-18

solid-phase extraction column, and 

addition of a mixture of stable, 

isotopically labeled internal standards. 

Quantitation is by HPLC-electrospray 

ionization/MS/MS. Contact: Jessica 

Rogala, (703) 347–0263, email address: 

rogala.jessica@epa.gov. 

8. PP 2F8120. (EPA–HQ–OPP–2013– 

0015). Dow AgroSciences, 9330 

Zionsville Road, Indianapolis, IN 46268, 

requests to establish tolerances in 40 

CFR part 180 for the combined residues 

of the herbicide aminopyralid (XDE– 

750: 4-amino-3,6-dichloropyridine-2- 

carboxylic acid) and its glucose 

conjugate, expressed as total parent, in 

or on fish—shellfish, mollusc at 0.01 

ppm; fish—shellfish, crustacean at 0.01 

ppm;, fish—freshwater finfish at 0.04 

ppm. Adequate analytical methods for 

enforcement purposes are available to 

monitor residues of aminopyralid in fish 

and shellfish. The analytical method 

GRM 07.08 uses LC/MS/MS. Contact: 

Bethany Benbow, (703) 347–8072, email 

address: benbow.bethany@epa.gov. 

9. PP 2F8121. (EPA–HQ–OPP–2013– 

0141). Syngenta Crop Protection LLC., 

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

8300, requests to establish tolerances in 

40 CFR part 180 for residues of the 

fungicide benzovindiflupyr, in or on 

apple, wet pomace at 0.6 ppm; barley, 

grain at 1.5 ppm; barley, hay at 15 ppm; 

barley, straw at 15 ppm; corn, field, 

grain at 0.02 ppm; corn, field, forage at 

3 ppm; corn, field, stover at 15 ppm; 

corn, pop, grain at 0.02 ppm; corn, pop, 

stover at 15 ppm; corn, sweet, ear at 

0.01 ppm; corn, sweet, forage at 4 ppm; 

corn, sweet, stover at 5 ppm; cottonseed, 

subgroup 20C at 0.15 ppm; cotton, grin 

byproducts at 3 ppm; vegetables, 

cucurbit, crop group 9 at 0.2 ppm; fruits, 

pome, crop group 11–10 at 0.2 ppm; 

fruits, small vines climbing, except 

fuzzy kiwi subgroup 13–07F at 1 ppm; 

grain, aspirated fractions at 7 ppm; oat, 

grain at 1.5 ppm; oat, hay at 15 ppm; 

oat, straw at 15 ppm; peas and bean, 

dried shelled, except soybean, subgroup 

6C at 0.2 ppm; peas, hay at 7 ppm; peas, 

vine at 1.5 ppm; peanut, nutmeat at 0.01 

ppm; peanut, hay at 15 ppm; potato, wet 

peel at 0.1 ppm; raisin at 4 ppm; 

rapeseed, subgroup 20A at 0.15 ppm; 

rye, grain at 0.1 ppm; rye, hay at 15 

ppm; rye, straw at 10 ppm; soybean, 

seed at 0.07 ppm; soybean, forage at 15 

ppm; soybean, hay at 50 ppm; 

vegetables, fruiting, crop group 8–10 at 

0.8 ppm; vegetables, tuberous and corm 

subgroup 1C at 0.02 ppm; wheat, grain 

at 0.1 ppm; wheat, forage at 4 ppm; 

wheat, hay at 15 ppm; wheat, straw at 

10 ppm; and in or on the following 

animal commodities: Cattle, fat at 0.01 

ppm; cattle, kidney at 0.01 ppm; cattle, 

liver at 0.01 ppm; cattle, meat at 0.01 

ppm; cattle, byproducts at 0.01 ppm; egg 

at 0.01 ppm; goat, fat at 0.01 ppm; goat, 

kidney at 0.01 ppm; goat, liver at 0.01 

ppm; goat, meat at 0.01 ppm; goat, meat 

byproducts at 0.01 ppm; hog, fat at 0.01 

ppm; hog, liver at 0.01 ppm; hog, meat 

at 0.01 ppm; hog, meat byproducts at 

0.01 ppm; horse, fat at 0.01 ppm; horse, 

kidney at 0.01 ppm; horse, liver at 0.01 

ppm; horse, meat at 0.01 ppm; horse, 

meat byproducts at 0.01 ppm; milk at 

0.01 ppm; milk, fat at 0.01 ppm; egg at 

0.01 ppm; poultry, byproducts at 0.01 

ppm; poultry, fat at 0.01 ppm; poultry, 

liver at 0.01 ppm; poultry, meat at 0.01 

ppm; poultry, skin at 0.01 ppm; sheep, 

fat at 0.01 ppm; sheep, kidney at 0.01 

ppm; sheep, liver at 0.01 ppm; sheep, 

meat at 0.01 ppm; and sheep, meat 

byproduct at 0.01 ppm. The proposed 

definition of the residue for 

benzovindiflupyr (SYN545192) in 

commodities of plant origin is parent 

SYN545192 for both compliance 

monitoring and consumer risk 

assessments. The corresponding 

definitions in commodities of animal 

origin are parent SYN545192 for 

monitoring and sum of SYN545192 and 

SYN546039 for risk assessment. Both 

Method GRM042.03A and GRM042.04A 

for plant products have been developed 

to determine parent SYN545192 and its 

metabolite SYN546039 (and conjugates) 

with a limit of quantification (LOQ) of 

0.01 mg/kg for both analytes. 

GRM042.04A also determines 

metabolite SYN545720 with an LOQ of 

0.01 mg/kg. Method GRM042.08A has 

been developed for the determination of 

SYN545192 and its metabolites 

SYN546039 and SYN546206 in 

rotational crops, with an LOQ of 0.01 

mg/kg for all three analytes. Method 

GRM042.06A (also known as Charles 

River Method No. 1887 Version 2.0) for 

animal products has been validated for 

use in pre-registration development 

studies. The method determines parent 

SYN545192 and its metabolites 

SYN546039 and SYN546422, with an 

LOQ of 0.01 mg/kg for each analyte. 

Method GRM023.03A was used to 

analyze residues of SYN545720 in the 

storage stability study demonstrating the 

storage stability of SYN545720 residues 

in a range of commodities under frozen 

conditions. Contact: Shaunta Hill, (703) 

347–8961, email address: 

hill.shaunta@epa.gov. 

10. PP 2F8134. (EPA–HQ–OPP–2013– 

0151). 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, 1-[2-[2- 

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

methyl-1,3-dioxolan-2-ylmethyl]-1H– 

1,2,4-triazole, in or on rapeseed, 

subgroup 20A at 0.1 ppm. For plants, 

Syngenta Crop Protection, LLC has 

submitted practical analytical method 

(AG–575B) for detecting and measuring 

levels of difenoconazole in or on food 

with a LOQ that allows monitoring of 

food with residues at or above the levels 

set in the proposed tolerances. Residues 

are qualified by LC/MS/MS. For 

livestock, a practical analytical method 

(AG–544A) for detecting and measuring 

levels of difenoconazole in or on cattle 

tissues and milk, and poultry tissues 

and eggs, with an LOQ that allows 

monitoring of food with residues at or 

above the levels set in the proposed 

tolerances. Tolerances in meat, milk, 

poultry or eggs were established for 

enforcement purposes. Contact: Rose 

Mary Kearns, (703) 305–5611, email 

address: kearns.rosemary@epa.gov. 

11. PP 3F8142. (EPA–HQ–OPP–2013– 

0138). ISK Biosciences Corporation, 


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7470 Auburn Road, Suite A, Concord, 

Ohio, 44077, requests to establish 

tolerances in 40 CFR part 180 for 

residues of the fungicide isofetamid, N- 

[1,1 -dimethyl-2-[2-methyl-4-(lmethylethoxy)phenyl]-2-oxoethyl]-3- 

methyl-2-thiophenecarboxamide (CA) 

and its metabolite GPTC, N-[1,ldimethyl-2-(4-b-D-glucopyranosyloxy-2- 

methylphenyl)-2-oxoethyl]-3-methyl-2- 

thiophenecarboxamide, expressed as 

isofetamid, in or on almond at 0.02 

ppm; almond, hulls at 0.2 ppm; lettuce, 

head at 6.0 ppm; lettuce, leaf at 7.0 

ppm; fruit, small vine climbing, except 

fuzzy kiwifruit, subgroup 13–07F at 3.0 

ppm; berry, low growing, subgroup 13– 

07G at 4.0 ppm; and rapeseed, subgroup 

20A at 0.04 ppm. The LC/MS/MS 

method proposed for residue analysis of 

plants and plant products determines 

the residues of parent IKF–5411 and its 

metabolite, GPTC. The method involves 

extraction of samples with acetone or 

with acetonitrile: water (80:20 v/v) 

mixture. Extracts are then subjected to 

SPE clean-up, with subsequent 

quantification of residues by liquid 

chromatography with tandem mass 

spectrometric determination (LC/MS/ 

MS). Contact: Dominic Schuler, (703) 

347–0260, email address: 

schuler.dominic@epa.gov. 

12. PP 3F8158. (EPA–HQ–OPP–2013– 

0235). DuPont Crop Protection, StineHaskell Research Center, P.O. Box 30, 

Newark, DE 19714, requests to establish 

tolerances in 40 CFR part 180 for 

residues of the insecticide, 

chlorantraniliprole, 3-bromo-N-[4- 

chloro-2-methyl-6-[(methylamino)- 

carbonyl]phenyl]-1-(3-chloro-2- 

pyridinyl)-1H-pyrazole-5-carboxamide, 

in or on peanuts at 0.06 ppm; and 

peanut, hay at 90 ppm. The petitioner 

believes no analytical method is needed 

since chlorantraniliprole and its 

metabolic degradates are not of 

toxicological concern and therefore, 

analytical methods are not applicable. 

Contact: Jennifer Urbanski, (703) 347– 

0156, email address: 

urbanski.jennifer@epa.gov. 

13. PP 3F8166. (EPA–HQ–OPP–2013– 

0268). Syngenta Crop Protection, LLC, 

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

8300, requests to establish tolerances in 

40 CFR part 180 for residues of the 

fungicide thiabendazole, [2-(4-thiazolyl) 

benzimidazole] and its metabolite 

benzimidazole (free and conjugated), in 

or on vegetable, root (except sugarbeet), 

subgroup 1B at 0.02 ppm; radish, tops 

at 0.02 ppm; onion, bulb, subgroup 3– 

07A at 0.02 ppm; brassica, head and 

stem, subgroup 5–A at 0.02 ppm; 

vegetable, cucurbit, group 9 at 0.02 

ppm; barley, grain at 0.05 ppm; barley, 

hay at 0.15 ppm; barley, straw at 0.15 

ppm; wheat, hay at 0.09 ppm; wheat, 

forage at 0.2 ppm; oat, grain at 0.05 

ppm; oat, hay at 0.09 ppm; oat, straw at 

0.09 ppm; oat, forage at 0.2 ppm; rye, 

grain at 0.05 ppm; rye, straw at 0.15 

ppm; rye, forage at 0.2 ppm; triticale, 

grain at 0.05 ppm; triticale, hay at 0.09 

ppm; triticale, straw at 0.09 ppm; 

triticale, forage at 0.2 ppm; alfalfa, 

forage at 0.02 ppm; alfalfa, hay at 0.02 

ppm; alfalfa, seed at 0.02 ppm; and 

spinach at 0.02 ppm. The Pesticide 

Analytical Manual (PAM) Vol. II lists 

four spectrophotofluoro-metric methods 

(Methods I, A, B, and C) for determining 

residues of thiabendazole per se in or on 

plant commodities, and one 

spectrophotofluorometric method 

(Method D) for determining residues of 

thiabendazole and 5-hydroxythiabendazole in milk. Contact: Rose 

Mary Kearns, (703) 305–5611, email 

address: kearns.rosemary@epa.gov. 

Amended Tolerance 

1. PP 2E8137. (EPA–HQ–OPP–2013– 

0038). Interregional Research Project 

Number 4 (IR–4), 500 College Road East, 

Suite 201W, Princeton, NJ 08540, also 

proposes, upon the approval of the 

aforementioned tolerances under ‘‘New 

Tolerance,’’ to remove established 

tolerances in 40 CFR 180.613 for 

residues of the insecticide flonicamid 

and its metabolites and degradates 

determined by measuring flonicamid 

[N-(cyanomethyl)-4-(trifluoromethyl)- 3- 

pyridinecarboxamide] and its 

metabolites TFNA (4-trifluoromethylnicotinic acid), TFNA–AM (4- 

trifluoromethyl-nicotinamide), and 

TFNG [N-(4-trifluoromethylnicotinoyl)glycine], calculated as 

the stoichiometric equivalent of 

flonicamid, in or on the following crop 

groups: Vegetable, fruiting, group 8; 

fruit, pome, group 11; fruit, stone, group 

12; cucumber; and vegetable, cucurbit, 

group 9, except cucumber. Contact: 

Andrew Ertman, (703) 308–9367, email 

address: ertman.andrew@epa.gov. 

2. PP 3E8150. (EPA–HQ–OPP–2013– 

0161). Interregional Research Project 

Number 4 (IR–4), 500 College Road East, 

Suite 201 W, Princeton, NJ 08540, 

requests to amend the tolerances in 40 

CFR 180.579 for residues of the 

fungicide fenamidone, [4H-imidazol-4- 

one, 3,5-dihydro-5-methyl-2- 

(methylthio)-5-phenyl-3-(phenylamino)- 

, (S)-], by removing the established 

tolerances in or on garlic at 0.20 ppm; 

garlic, great headed at 0.20 ppm; leek at 

1.5 ppm; onion, bulb at 0.20 ppm; 

onion, green at 1.5 ppm; onion, welsh 

at 1.5 ppm; shallot, bulb at 0.20 ppm; 

and shallot, fresh leaves at 1.5 ppm, as 

they will be superseded by the 

tolerances described above under ‘‘New 

Tolerance’’ for PP 3E8150. Contact: 

Laura Nollen, (703) 305–7390, email 

address: nollen.laura@epa.gov. 

3. PP 2F8129. (EPA–HQ–OPP–2013– 

0008). BASF Corporation, 26 Davis 

Drive, P.O. Box 13528, Research 

Triangle Park, NC 27709–3528, requests 

to amend 40 CFR 180.649 by amending 

tolerances for residues of saflufenacil, 

including its metabolites and 

degradates, in or on the raw agricultural 

commodities rice, straw at 0.30 ppm. In 

addition, the current commodity 

definition, ‘‘Grain, cereal, forage, fodder 

and straw group 16’’ would be revised 

to ‘‘Grain, cereal, forage, fodder and 

straw group 16 (except rice straw)’’. 

Compliance with the tolerances levels is 

to be determined by measuring only the 

sum of saflufenacil, 2-chloro-5-[3,6- 

dihydro-3-methyl-2,6-dioxo-4- 

(trifluoromethyl)-1(2H)-pyrimidinyl]-4- 

fluoro-N-[[methyl(1-methylethyl) 

amino] sulfonyl]benzamide, and its 

metabolites N-[2-chloro-5-(2,6-dioxo-4- 

(trifluoromethyl)-3,6-dihydro-1(2H)- 

pyrimidinyl)-4-fluorobenzoyl]-N’- 

isopropyl sulfamide and N-[4-chloro-2- 

fluoro-5- 

({[(isopropylamino)sulfonyl]amino} 

carbonyl) phenyl]urea, calculated as the 

stoichiometric equivalent of 

saflufenacil, in or on the commodities. 

Adequate enforcement methodology 

(LC/MS/MS) methods D0603/02 (plants) 

and L0073/01 (livestock) is available to 

enforce the tolerance expression. 

Contact: Bethany Benbow, (703) 347– 

8072, email address: 

benbow.bethany@epa.gov. 

4. PP 3F8160. (EPA–HQ–OPP–2013– 

0231). Syngenta Crop Protection, LLC, 

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

8300, requests to amend 40 CFR 180.571 

by amending tolerances for residues of 

the herbicide mesotrione, by increasing 

the soybean tolerance from 0.01 ppm to 

0.02 ppm. Syngenta Method RAM 366/ 

01, ‘‘Residue Analytical Method for the 

Determination of Residues of 

Mesotrione and 4-(Methylsulfonyl)-2- 

Nitrobenzoic Acid (MNBA) in Crop 

Samples’’ with modifications was used 

for the analysis of soybeans. Contact: 

Michael Walsh, (703) 308–2972, email 

address: walsh.michael@epa.gov. 

New Tolerance Exemption 

1. PP 2E8093. (EPA–HQ–OPP–2013– 

0175). Winfield Solutions, LLC, PO Box 

64589, St. Paul, MN 55164, requests to 

establish an exemption from the 

requirement of a tolerance for residues 

of sodium metabisulfite (CAS No. 7681– 

57–4) under 40 CFR 180.920, when used 

as a pesticide inert ingredient 

(preservative), at not more than 0.5% by 

weight, in pesticide formulations 

applied to growing crops only. The 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Proposed Rules 33789 

petitioner believes no analytical method 

is needed because this information is 

not required for the establishment of a 

tolerance exemption. Contact: William 

Cutchin, (703) 305–7990, email address: 

cutchin.william@epa.gov. 

2. PP 2E8096. (EPA–HQ–OPP–2013– 

0237). Becker Underwood, Inc., 801 

Dayton Avenue, Ames, IA 50010, 

requests to establish an exemption from 

the requirement of a tolerance for 

residues of the ammonium persulfate 

(APS) (CAS No. 7727–54–0) in or on 

food crops under 40 CFR 180.910 for 

pre- and post- harvest applications at 

0.05% when used as a pesticide inert 

ingredient in pesticide formulations. 

The petitioner believes no analytical 

method is needed because this 

information is not required for the 

establishment of a tolerance exemption. 

Contact: William Cutchin, (703) 305– 

7990, email address: 

cutchin.william@epa.gov. 

3. PP IN–10545. (EPA–HQ–OPP– 

2013–0165). BASF Corporation, c/o 

Lewis & Harrison, LLC, 122 C Street 

NW., Suite 740, Washington DC 20001, 

requests to establish an exemption from 

the requirement of a tolerance for 

residues of Alkyl (C8¥C10) 

polyglucosides (CAS Reg. No. 68515– 

73–1) under 40 CFR 180.940(a) when 

used as a pesticide inert ingredient as a 

surfactant without limitation in 

antimicrobial pesticide formulations. 

The petitioner believes no analytical 

method is needed because it is not 

pertinent or required for this petition 

since an exemption from the tolerance 

is requested. Contact: Deirdre 

Sunderland, (703) 603–0851, email 

address: sunderland.deirdre@epa.gov. 

Amended Tolerance Exemption 

1. PP 2E8087. (EPA–HQ–OPP–2012– 

0863). Joint Inerts Task Force, Cluster 

Support Team 8 (JITF CST8), EPA 

Company Number 84942, c/o Huntsman 

Corp., 8600 Gosling Rd., The 

Woodlands, TX 77381, requests to 

amend exemptions from the 

requirement of a tolerance by adding 

Chemical Abstracts Service Registry 

Numbers (CASRNs) for pre-harvest use 

in or on all the raw agricultural 

commodities under 40 CFR 180.920 and 

when applied to animals under 40 CFR 

180.930 for the following two chemistry 

descriptors that are used as surfactants: 

1: dimethylaminopropylamine, 

isopropylamine, ethanolamine, and 

triethanolamine salts of alkyl (C8¥C24) 

benzene-sulfonic acid (without limits) 

for CASRNs: 12068–12–1; 121617–08–1; 

193562–36–6; 26836–07–7; 3088–30–0; 

58089–99–9; 61886–59–7; 61931–76–8; 

67924–05–4; 68110–32–7; 68259–35–8; 

68442–72–8; 68567–69–1; 68815–30–5; 

68815–35–0; 68953–98–0; 70528–84–6; 

72391–21–0; 84961–74–0; 85480–55–3; 

85480–56–4; 85995–82–0; 90194–54–0; 

90194–55–1; 90218–09–0; 90218–11–4; 

96687–54–6; and 99924–49–9; and 2: 

diethanolamine salts of alkyl (C8¥C24) 

benzenesulfonic acid (not to exceed 7% 

of pesticide formulation) for CASRNs: 

67815–95–6; 67889–94–5; 67889–95–6; 

68259–34–7; 68478–47–7; 68567–68–0; 

68815–34–9; 68815–37–2; 68891–02–1; 

84989–15–1; 85338–09–6; 90194–39–1; 

90194–40–4; and 90218–08–9. Prior to 

the submission of this petition to add 

missing CASRNs, Pesticide Petition 

8E7472 (docket ID number EPA–HQ– 

OPP–2008–0889) was submitted to the 

Agency and these CASRNs were missing 

from the petition. JITF CST8 is relying 

on the information submitted in 8E7472 

to support this petition which includes 

the exact same chemistry of 

alkylbenzene sulfonates. JITF CST8 does 

not expect the addition of these 

CASRNs to result in additional exposure 

or risk. The petitioner believes no 

analytical method is needed because 

this information is not required for the 

establishment of a tolerance exemption. 

Contact: Elizabeth Fertich, (703) 347– 

8560, email address: 

fertich.elizabeth@epa.gov. 

2. PP 2E8092. (EPA–HQ–OPP–2012– 

0862). Joint Inerts Task Force, Cluster 

Support Team 2, (JITF CST2), EPA 

Company Number 84914, c/o Huntsman 

Corp., 8600 Gosling Rd., The 

Woodlands, TX 77381, requests to 

amend exemptions from the 

requirement of a tolerance by adding 

Chemical Abstracts Service Registry 

Numbers (CASRNs) for post-harvest use 

on agricultural crops under 40 CFR 

180.910 and when applied to animals 

under 40 CFR 180.930 for the following 

two chemistry descriptors that are used 

as surfactants not to exceed 30% of 

pesticide formulation: Alkyl alcohol 

alkoxylate phosphate and sulfate 

derivatives (AAAPD and AAASD 

respectively), including: AAAPD 

surfactants: 40 CFR 180.910 and 

180.930: a-Alkyl (minimum C6 linear or 

branched, saturated and or unsaturated)- 

w-hydroxypolyoxyethylene polymer 

with or without polyoxypropylene, 

mixture of di- and monohydrogen 

phosphate esters and the corresponding 

ammonium, calcium, magnesium, 

monoethanolamine, potassium, sodium, 

and zinc salts of the phosphate esters; 

minimum oxyethylene content averages 

2 moles; minimum oxypropylene 

content is 0 moles; used as surfactants 

not to exceed 30% of pesticide 

formulation for CASRNs: 103170–31–6; 

103170–32–7; 106233–09–4; 106233– 

10–7; 1072943–56–6; 110392–49–9; 

111798–26–6; 111905–50–1; 116671– 

23–9; 117584–36–8; 1187742–89–7; 

1187743–35–6; 119415–05–3; 121158– 

61–0; 121158–63–2; 125139–13–1; 

125301–86–2; 125301–87–3; 126646– 

03–5; 129870–77–5; 129870–80–0; 

130354–37–9; 136504–88–6; 143372– 

50–3; 143372–51–4; 154518–40–8; 

155240–11–2; 160498–49–7; 160611– 

24–5; 171543–66–1; 210493–60–0; 

246159–55–7; 251298–11–0; 261627– 

68–3; 26982–05–8; 31800–89–2; 39341– 

09–8; 39341–65–6; 39464–69–2; 

422563–19–7; 50668–50–3; 51884–64–1; 

57486–09–6; 59112–71–9; 62362–49–6; 

63747–86–4; 63887–55–8; 66272–25–1; 

67786–06–5; 67989–06–4; 68071–37–4; 

68130–44–9; 68130–45–0; 68130–46–1; 

68186–29–8; 68186–34–5; 68238–84–6; 

68311–04–6; 68389–72–0; 68413–78–5; 

68425–75–2; 68439–39–4; 68511–15–9; 

68511–36–4; 68551–05–3; 68585–15–9; 

68585–16–0; 68585–17–1; 68585–39–7; 

68603–24–7; 68607–14–7; 68610–64–0; 

68649–30–9; 68650–84–0; 68855–46–9; 

68856–03–1; 68890–90–4; 68890–91–5; 

68891–12–3; 68891–26–9; 68909–65–9; 

68909–67–1; 68909–69–3; 68921–24–4; 

68921–60–8; 68954–87–0; 68954–88–1; 

68954–92–7; 68987–35–9; 69029–43–2; 

69980–69–4; 70247–99–3; 70248–14–5; 

70903–63–8; 71965–23–6; 71965–24–7; 

72480–27–4; 72623–67–7; 72623–68–8; 

72828–56–9; 72828–57–0; 73018–34–5; 

73050–08–5; 73050–09–6; 73361–29–2; 

73378–71–9; 73378–72–0; 73559–42–9; 

73559–43–0; 73559–44–1; 73559–45–2; 

74499–76–6; 76930–25–1; 78330–22–0; 

9004–80–2; 91254–26–1; 93925–54–3; 

and 96416–89–6; and AAASD 

surfactants: 40 CFR 180.910 and 

180.930: a-Alkyl (C6-C15)-whydroxypoly (oxyethylene) sulfate, and 

its ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts, 

poly(oxyethylene content averages 2–4 

moles; used as surfactants not to exceed 

30% of pesticide formulations for 

CASRNs: 106597–03–9; 110392–50–2; 

125301–88–4; 125301–89–5; 125301– 

92–0; 125736–54–1; 157707–85–2; 

160104–51–8; 160901–27–9; 160901– 

28–0; 160901–29–1; 160901–30–4; 

161025–28–1; 161074–79–9; 162063– 

19–6; 27140–00–7; 27731–61–9; 27731– 

62–0; 34431–25–9; 35015–74–8; 52286– 

18–7; 52286–19–8; 54116–08–4; 61702– 

79–2; 63428–86–4; 63428–87–5; 65086– 

57–9; 65086–79–5; 67674–66–2; 67845– 

82–3; 67845–83–4; 68037–05–8; 68037– 

06–9; 68171–41–5; 68610–66–2; 68649– 

53–6; 68890–88–0; 68891–29–2; 68891– 

30–5; 69011–37–6; 75422–21–8; 78330– 

16–2; 78330–17–3; 78330–25–3; 78330– 

26–4; 78330–27–5; 78330–28–6; 78330– 

29–7; 78330–30–0; 9021–91–4; and 

96130–61–9. Prior to the submission of 

this petition to add missing CASRNs, 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
33790 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Proposed Rules 

Pesticide Petition 9E7533 (docket ID 

number EPA–HQ–OPP–2009–0131) was 

submitted to the Agency and these 

CASRNs were missing from the petition. 

JITF CST2 is relying on the information 

submitted in 9E7533 to support this 

petition which includes the exact same 

chemistries. JITF CST2 does not expect 

the addition of these CASRNs to result 

in additional exposure or risk. The 

petitioner believes no analytical method 

is needed because this information is 

not required for the establishment of a 

tolerance exemption. Contact: Elizabeth 

Fertich, (703) 347–8560, email address: 

fertich.elizabeth@epa.gov. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: May 22, 2013. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2013–13334 Filed 6–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2012–0077; 

4500030115] 

Endangered and Threatened Wildlife 

and Plants; 12-Month Findings on 

Petitions To Delist U.S. Captive 

Populations of the Scimitar-horned 

Oryx, Dama Gazelle, and Addax 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 12-month petition 

findings. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (‘‘Service’’), announce 

12-month findings on two petitions to 

remove the U.S. captive-bred and U.S. 

captive ‘‘populations’’ of three antelope 

species, the scimitar-horned oryx (Oryx 

dammah), dama gazelle (Gazella dama), 

and addax (Addax nasomaculatus), 

from the List of Endangered and 

Threatened Wildlife as determined 

under the Endangered Species Act of 

1973, as amended (Act). Based on our 

review, we find that delisting the U.S. 

captive animals or U.S. captive-bred 

members of these species is not 

warranted. 

DATES: The findings announced in this 

document were made on June 5, 2013. 

ADDRESSES: These findings are available 

on the Internet at http:// 

www.regulations.gov at Docket Number 

FWS–HQ–ES–2012–0077. Supporting 

documentation we used in preparing 

these findings is available for public 

inspection, by appointment, during 

normal business hours at the U.S. Fish 

and Wildlife Service, 4401 North Fairfax 

Drive, Room 420, Arlington, VA 22203. 

Please submit any new information, 

materials, comments, or questions 

concerning these findings to the above 

street address. 

FOR FURTHER INFORMATION CONTACT: 

Janine Van Norman, Chief, Branch of 

Foreign Species, Endangered Species 

Program, U.S. Fish and Wildlife Service, 

4401 North Fairfax Drive, Room 420, 

Arlington, VA 22203; telephone 703– 

358–2171. If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4(b)(3)(B) of the Act (16 

U.S.C. 1531 et seq.) requires that, for 

any petition to revise the Federal Lists 

of Endangered and Threatened Wildlife 

and Plants that contains substantial 

scientific or commercial information 

that delisting the species may be 

warranted, we make a finding within 12 

months of the date of receipt of the 

petition. In this finding, we will 

determine that the petitioned action is: 

(1) Not warranted, (2) warranted, or (3) 

warranted, but the immediate proposal 

of a regulation implementing the 

petitioned action is precluded by other 

pending proposals to determine whether 

species are endangered or threatened, 

and expeditious progress is being made 

to add or remove qualified species from 

the Federal Lists of Endangered and 

Threatened Wildlife and Plants. We 

must publish these 12-month findings 

in the Federal Register. 

Previous Federal Action(s) 

Two subspecies of the dama gazelle, 

the Mhorr gazelle (Gazella dama mhorr) 

and Rio de Oro dama gazelle (G. d. 

lozanoi) were listed as endangered in 

their entirety, i.e., wherever found, on 

June 2, 1970 (35 FR 8491). On 

November 5, 1991, we published in the 

Federal Register (56 FR 56491) a 

proposed rule to list the scimitar-horned 

oryx, addax, and dama gazelle as 

endangered in their entirety. We 

reopened the comment period on the 

November 5, 1991, proposed rule to 

request information and comments from 

the public on July 24, 2003 (68 FR 

43706), and again on November 26, 

2003 (68 FR 66395). 

On February 1, 2005 (70 FR 5117), we 

announced a proposed rule and notice 

of availability of a draft environmental 

assessment to add new regulations 

under the Act to govern certain 

activities with U.S. captive-bred 

scimitar-horned oryx, addax, and dama 

gazelle, should they become listed as 

endangered. The proposed rule covered 

U.S. captive-bred live animals, 

including embryos and gametes, and 

sport-hunted trophies, and would 

authorize, under certain conditions, 

certain otherwise prohibited activities 

that enhance the propagation or survival 

of the species. The ‘‘otherwise 

prohibited activities’’ were take; export 

or reimport; delivery, receipt, carrying, 

transport, or shipment in interstate or 

foreign commerce, in the course of a 

commercial activity; or sale or offering 

for sale in interstate or foreign 

commerce. In the proposed rule, we 

found that the scimitar-horned oryx, 

addax, and dama gazelle are dependent 

on captive breeding and activities 

associated with captive breeding for 

their conservation, and that activities 

associated with captive breeding within 

the United States enhance the 

propagation or survival of these species. 

We accepted comments on this 

proposed rule until April 4, 2005. 

On September 2, 2005, we published 

a final rule listing the scimitar-horned 

oryx, addax, and dama gazelle as 

endangered in their entirety (70 FR 

52319). On September 2, 2005, we also 

added a new regulation (70 FR 52310) 

at 50 CFR 17.21(h) to govern certain 

activities with U.S. captive-bred animals 

of these three species, as described 

above. The promulgation of the 

regulation at 50 CFR 17.21(h) was 

challenged as violating section 10 of the 

Act and the National Environmental 

Policy Act (42 U.S.C. 4321 et seq.), first 

in both the U.S. District Court for the 

Northern District of California and the 

U.S. District Court for the District of 

Columbia, but then transferred and 

consolidated in the U.S. District Court 

for the District of Columbia (see Friends 

of Animals, et al., v. Ken Salazar, 

Secretary of the Interior and Rebecca 

Ann Cary, et al., v. Rowan Gould, Acting 

Director, Fish and Wildlife Service, et 

al., 626 F. Supp. 2d 102 (D.DC 2009)). 

The Court found that the rule for the 

three antelope species violated section 

10(c) of the Act by not providing the 

public an opportunity to comment on 

activities being carried out with these 

three antelope species. On June 22, 

2009, the Court remanded the rule to the 

Service for action consistent with its 

opinion. To comply with the Court’s 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS