69690 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Proposed Rules 

Dated: November 4, 2011. 

Janet Napolitano, 

Secretary of Homeland Security. 

[FR Doc. 2011–29028 Filed 11–8–11; 8:45 am] 

BILLING CODE 9111–14–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0082; FRL–9325–1] 

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 December 9, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition 

number (PP) of interest as shown in the 

body of this document, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

the docket ID number and the pesticide 

petition number of interest as shown in 

the body of this document. EPA’s policy 

is that all comments received will be 

included in the docket without change 

and may be made available on-line at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov or email. The 

regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: A 

contact person, with telephone number 

and 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. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed at the end of the 

pesticide petition summary of interest. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or 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. 


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Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Proposed Rules 69691 

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 174 or 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 on-line at http:// 

www.regulations.gov. 

As specified in FFDCA section 

408(d)(3), (21 U.S.C. 346a(d)(3)), EPA is 

publishing notice of the petition so that 

the public has an opportunity to 

comment on this request for the 

establishment or modification of 

regulations for residues of pesticides in 

or on food commodities. Further 

information on the petition may be 

obtained through the petition summary 

referenced in this unit. 

New Tolerances 

1. PP 1E7908. (EPA–HQ–OPP–2011– 

0759). Interregional Research Project 

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

Suite 201 W, Princeton, NJ 08540, 

requests to establish tolerances in 40 

CFR part 180 for residues of the 

insecticide buprofezin, in or on bean, 

succulent at 0.02 parts per million 

(ppm); Brassica, leafy greens, subgroup 

5B at 55 ppm; turnip, greens at 55 ppm; 

vegetable, fruiting, group 8–10 at 3.0 

ppm; fruit, citrus, group 10–10 at 2.5 

ppm; fruit, pome, group 11–10 at 4.0 

ppm; persimmon at 1.9 ppm; and tea at 

20 ppm. This summary has been 

prepared by Nichino America, Inc., 

4550 New Linden Hill Road, Suite 501, 

Wilmington, DE 91808, the registrant. 

The proposed analytical method 

involves extraction, partition, clean-up 

and detection of residues by gas 

chromatography using nitrogen 

phosphorous detection (GC/NPD). 

Contact: Andrew Ertman, (703) 308– 

9367, email address: 

ertman.andrew@epa.gov. 

2. PP 1E7919. (EPA–HQ–OPP–2011– 

0792). Interregional Research Project 

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

Suite 201 W, Princeton, NJ 08540, 

requests to establish tolerances in 40 

CFR part 180 for residues of the 

insecticide acetamiprid, N 1-[(6-chloro3-pyridyl)methyl]- N 2-cyano- N 1- 

methylacetamidine, in or on asparagus 

at 0.8 ppm; Brassica, leafy greens, 

subgroup 5B at 15 ppm; turnip greens at 

15 ppm; corn, sweet, kernel plus cob 

with husks removed at 0.01 ppm; corn, 

sweet, forage at 10 ppm; corn, sweet, 

stover at 30 ppm; vegetable, fruiting, 

group 8–10 at 0.20 ppm; fruit, citrus, 

group 10–10 at 0.50 ppm; fruit, pome, 

group 11–10 at 1.0 ppm; and Brassica, 

head and stem, subgroup 5A at 1.20 

ppm. Based upon the metabolism of 

acetamiprid in plants and the toxicology 

of the parent and metabolites, 

quantification of the parent acetamiprid 

is sufficient to determine toxic residues. 

As a result a method was developed that 

involves extraction of acetamiprid from 

crop matrices with a solvent followed 

by a decantation and filtration and 

finally analysis by a liquid 

chromatography with tandem mass 

spectrometry (LC/MS/MS) method. 

Contact: Laura Nollen, (703) 305–7390, 

email address: nollen.laura@epa.gov. 

3. PP 1E7911. (EPA–HQ–OPP–2011– 

0780). Summit Agro North America 

Holding Corporation, 600 Third 

Avenue, New York, NY 10016–2001, 

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 

fungicide triforine, piperazine-1,4- 

diylbis(2,2,2-trichloroethane-1,1- 

diyl)diformamide in or on blueberry at 

0.02 ppm; and tomato at 0.5 ppm. 

Adequate analytical enforcement 

methods are available to enforce the 

proposed tolerances. Triforine was 

extracted from blueberries, tomato and 

tomato paste with acetone. The final 

samples were analyzed by LC/MS/MS 

for quantitation of triforine. Contact: 

Heather Garvie, (703) 308–0034, email 

address: garvie.heather@epa.gov. 

4. PP 1F7891. (EPA–HQ–OPP–2011– 

0717). 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 azoxystrobin, (methyl (E)-2-[2- 

[6-(2-yanophenoxy) pyrimidin-4- 

yloxy]phenyl]-3-methoxyacrylate) and 

the Z-isomer of azoxystrobin, (methyl 

(Z)-2-[2-[6-(2- cyanophenoxy)pyrimidin4-yloxy]pheny1]-3-methoxyacrylate), in 

or on sugarcane at 0.2 ppm. An 

adequate analytical method, GC/NPD or 

in mobile phase by high performance 

liquid chromatography with ultra-violet 

detection (HPLC/UV), is available for 

enforcement purposes with a limit of 

detection that allows monitoring of food 

with residues at or above the levels set 

in these tolerances. Contact: Shaunta 

Hill, (703) 347–8961, email address: 

hill.shaunta@epa.gov. 

5. PP 1F7892. (EPA–HQ–OPP–2011– 

0772). 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 propiconazole, 1H-1,2,4- 

Triazole, 1-[[2-(2,4-dichlorophenyl)-4- 

propyl-1,3-dioxolan-2-yl]methyl]-, and 

its metabolites determined as 2,4- 

dichlorobenzoic acid and expressed as 

parent compound, in or on sugarcane at 

1.0 ppm. Analytical methods adequate 

to determine parent propiconazole, total 

propiconazole as 2,4-dichlorobenzoic 

acid, and the triazole metabolites (1,2,4- 

Triazole, Triazole Alanine, and Triazole 

Acetic Acid) are available for 

enforcement purposes with limits of 

detection that allow monitoring of food 

with residues at or above the levels set 


jlentini on DSK4TPTVN1PROD with PROPOSALS
69692 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Proposed Rules 

in this tolerance. Contact: Erin Malone, 

(703) 347–0253, email address: 

malone.erin@epa.gov. 

6. PP 1F7905. (EPA–HQ–OPP–2011– 

0759). Nichino America, Inc., 4550 New 

Linden Hill Road, Suite 501, 

Wilmington, DE 91808, requests to 

establish a tolerance in 40 CFR part 180 

for residues of the insecticide 

buprofezin, in or on nut, tree group 14 

(including pistachios) at 0.05 ppm. The 

proposed analytical method involves 

extraction, partition, clean-up and 

detection of residues by LC/MS/MS. 

Contact: Samantha Hulkower, (703) 

603–0683, email address: 

hulkower.samantha@epa.gov. 

Amended Tolerances 

1. PP 1E7908. (EPA–HQ–OPP–2011– 

0759). Interregional Research Project 

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

Suite 201 W, Princeton, NJ 08540, 

requests to remove the existing 

tolerances in 40 CFR 180.511 for 

residues of the insecticide buprofezin, 

in or on non-bell pepper; fruiting 

vegetable group 8, except non-bell 

pepper; fruit, citrus, group 10; and fruit, 

pome, group 11 which will now be 

covered by the newly requested 

tolerances under ‘‘New Tolerances’’. 

This summary has been prepared by 

Nichino America, Inc., Wilmington, DE 

19808, the registrant. Contact: Andrew 

Ertman, (703) 308–9367, email address: 

ertman.andrew@epa.gov. 

2. PP 1E7919. (EPA–HQ–OPP–2011– 

0792). Interregional Research Project 

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

Suite 201 W, Princeton, NJ 08540, 

requests upon approval of the 

aforementioned tolerances under ‘‘New 

Tolerances’’, to remove the established 

tolerances in 40 CFR 180.578 for 

residues of the insecticide acetamiprid, 

N 1-[(6-chloro-3-pyridyl)methyl]- N 2- 

cyano- N 1-methylacetamidine, in or on 

fruit, citrus, group 10 at 0.50 ppm; fruit, 

pome, group 11 at 1.0 ppm; vegetable, 

fruiting, group 8 at 0.20 ppm; and 

vegetable, Brassica, leafy, group 5 at 

1.20 ppm. The fruit, citrus, group 10; 

fruit, pome, group 11; and vegetable, 

fruiting, group 8 tolerances will be 

superseded by the updated crop group 

tolerances. The vegetable, Brassica, 

leafy group 5 tolerance will be 

superseded by the Brassica, leafy 

greens, subgroup 5B and Brassica, head 

and stem, subgroup 5A tolerances. 

Contact: Laura Nollen, (703) 305–7390, 

email address: nollen.laura@epa.gov. 

New Tolerance Exemption 

PP 1E7918. (EPA–HQ–OPP–2011– 

0829). United Phosphorus, Inc., 630 

Freedom Business Center, Suite 402, 

King of Prussia, PA 19406, requests to 

establish an exemption from the 

requirement of a tolerance in 40 CFR 

180.1195 for residues of titanium 

dioxide (CAS No. 13463–67–7) in or on 

growing crops when used as a pesticide 

inert ingredient ultraviolet (UV) 

protectant in herbicide formulations at 

no more than 5 percent by weight of the 

formulation. The petition proposes to 

establish exemptions from the 

requirement of a tolerance and no 

analytical method is generally required 

for the establishment of a tolerance 

exemption. Contact: David Lieu, (703) 

305–0079, email address: 

lieu.david@epa.gov. 

List of Subjects 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: October 18, 2011. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2011–28647 Filed 11–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0703; FRL–9325–3] 

Withdrawal of a Pesticide Petition for 

Residues of Pesticide Chemicals in or 

on Various Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of withdrawal of a 

pesticide petition. 

SUMMARY: This document announces the 

withdrawal of a pesticide petition 

requesting the establishment or 

modification of regulations for residues 

of pesticide chemicals in or on various 

commodities. The petition was either 

withdrawn voluntarily by the petitioner 

or administratively by the Agency. 

FOR FURTHER INFORMATION CONTACT: 

Deirdre Sunderland, Registration 

Division (7505P), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (703) 603–0851; fax 

number: (703) 305–0599; email address: 

sunderland.deirdre@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Although this action only applies to 

the registrant in question, it is directed 

to the public in general. Since various 

individuals or entities may be 

interested, the Agency has not 

attempted to describe all the specific 

entities that may be interested in this 

action. If you have any questions 

regarding this action, please consult the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get copies of this document 

and other related information? 

EPA has established a docket for this 

action under docket identification (ID) 

number EPA–HQ–OPP–2010–0703. 

Publicly available docket materials are 

available either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The hours of 

operation of this Docket Facility are 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

II. What action is the agency taking? 

EPA is announcing the withdrawal of 

a pesticide petition received 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 174 or part 180 for residues of 

pesticide chemicals in or on various 

food commodities. 

Pursuant to 40 CFR 180.7(f), a 

summary of the petition covered by this 

document, prepared by the petitioner, 

was included in a docket EPA created 

for each rulemaking. The docket for the 

petition is available on-line at http:// 

www.regulations.gov. 

EPA issued a notice in the Federal 

Register of September 23, 2010 (75 FR 

57942) (FRL–8845–4), which announced 

the submission of a pesticide petition 

(PP 0E7727) by Interregional Research 

Project Number 4 (IR–4), on behalf of 

Koppert Biological Systems, Inc., 28465 

Beverly Rd., Romulus, MI 48174. The 

petition proposed to amend 40 CFR 

180.920 by establishing an exemption 

from the requirement of a tolerance for 

residues of lactoperoxidase (CAS No. 

9003–99–0) in or on all raw agricultural 

commodities when used pre-harvest as 

a pesticide inert ingredient in pesticide 

formulations of the active ingredients 

potassium iodide and potassium 

thiocyanate. On September 9, 2011, IR– 

4, on behalf of Koppert Biological 

Systems, Inc., notified EPA that it was 

withdrawing this petition. 


jlentini on DSK4TPTVN1PROD with PROPOSALS