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[Federal Register: March 19, 2010 (Volume 75, Number 53)]
[Notices]               
[Page 13277-13280]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr10-69]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0012; FRL-8813-2]

 
Notice of Receipt of Several Pesticide Petitions Filed for 
Residues of Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the Agency's receipt of several initial 
filings of pesticide petitions proposing the establishment or 
modification of regulations for residues of pesticide chemicals in or 
on various commodities.

DATES: Comments must be received on or before April 19, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition number (PP) of interest as shown 
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.

[[Page 13278]]

    Instructions: Direct your comments to the docket ID number and the 
pesticide petition number of interest as shown in the body of this 
document. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of 
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: A contact person, with telephone 
number and e-mail address, is listed at the end of each pesticide 
petition summary. You may also reach each contact person by mail at 
Registration Division (7505P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed at the end of the pesticide petition 
summary of interest.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low-income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have a typical or disproportionately high and adverse 
human health impacts or environmental effects from exposure to the 
pesticides discussed in this document, compared to the general 
population.

II. What Action is the Agency Taking?

     EPA is announcing its receipt of several pesticide petitions filed 
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a, proposing the establishment or modification of 
regulations in 40 CFR part 174 or part 180 for residues of pesticide 
chemicals in or on various food commodities. EPA has determined that 
the pesticide petitions described in this notice contain the data or 
information prescribed in FFDCA section 408(d)(2); however, EPA has not 
fully evaluated the sufficiency of the submitted data at this time or 
whether the data support granting of the pesticide petitions. 
Additional data may be needed before EPA can make a final determination 
on these pesticide petitions.
     Pursuant to 40 CFR 180.7(f), a summary of each of the petitions 
that are the subject of this notice, prepared by the petitioner, is 
included in a docket

[[Page 13279]]

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 9E7554. (EPA-HQ-OPP-2007-0099). Nichino America, Inc., 4550 
New Linden Hill Road, Suite 501, Wilmington, DE 19808, proposes to 
establish a tolerance in 40 CFR part 180 for residues of the 
insecticide flubendiamide, (N2-[1,1-dimethyl-2-
(methylsulfonyl)ethyl]-3-iodo- N1-[2-methyl-4-[1,2,2,2-
tetrafluoro-1-(trifluoromethyl)ethyl]phenyl-1,2-benzenedicarboxamide, 
in or on rice, grain at 0.5 parts per million (ppm). Independently 
validated, analytical methods for crop matrices have been submitted for 
measuring flubendiamide. Typically, plant matrices samples are 
extracted, concentrated, and quantified by liquid chromatography/mass 
spectrometry/mass spectrometry (LC/MS/MS) using deuterated internal 
standards. Contact: Carmen Rodia, (703) 306-0327, e-mail address: 
rodia.carmen@epa.gov.
     2. PP 9E7652. (EPA-HQ-OPP-2009-1008). The Interregional Research 
Project No. 4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ 
08540, proposes to establish tolerances in 40 CFR part 180 for residues 
of the insecticide bifenthrin, (2-methyl [1,1'-biphenyl]-3-yl) methyl-
3-(2-chloro-3,3,3,-trifluoro-1-propenyl)-2,2-
dimethylcyclopropanecarboxylate), in or on tea (import tolerance) at 25 
ppm; and tolerances with regional registrations in or on grass, forage 
at 2.5 ppm and grass, hay at 4.5 ppm. There is a practical analytical 
method for detecting and measuring levels of bifenthrin in or on food 
with a limit of detection (LOD) that allows monitoring of food with 
residues at or above the levels set in these tolerances: Gas 
chromatography with electron capture detection (GC/ECD). Contact: Laura 
Nollen, (703) 305-7390, e-mail address: nollen.laura@epa.gov.
     3. PP 9E7659. (EPA-HQ-OPP-2009-1009). The Interregional Research 
Project No. 4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ 
08540, proposes to establish tolerances in 40 CFR part 180 for the 
combined residues of the fungicide propiconazole, (1-[[2-(2,4-
dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] methyl]-1H-1,2,4-triazole) 
and its metabolites determined as 2,4-dichlorobenzoic acid and 
expressed as parent compound, in or on onion, bulb, subgroup 3-07A at 
0.2 ppm; onion, green, subgroup 3-07B at 9.0 ppm; caneberry subgroup 
13-07A at 1.0 ppm; bushberry subgroup 13-07B at 1.0 ppm; and low 
growing berry subgroup 13-07G, except cranberry at 1.3 ppm. Analytical 
methods AG-626 and AG-454A were developed for the determination of 
residues of propiconazole and its metabolites containing the 
dichlorobenzoic acid (DCBA) moiety. Analytical method AG-626 has been 
accepted and published by EPA as the tolerance enforcement method for 
crops. The limit of quantitation (LOQ) for the method is 0.05 ppm. 
Contact: Andrew Ertman, (703) 308-9367, e-mail address: 
ertman.andrew@epa.gov.
     4. PP 9E7669. (EPA-HQ-OPP-2010-0102). The Interregional Research 
Project No. 4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ 
08540, proposes to establish tolerances in 40 CFR part 180 for residues 
of the herbicide, triflusulfuron methyl, 2 [[[[[4-(dimethylamino)-6-
(2,2,2-trifluoroethoxy)-1,3,5-triazin-2-
yl]amino]carbonyl]amino]sulfonyl]-3-methylbenzoate, in or on beet, 
garden, roots at 0.01 ppm; and beet, garden, tops at 0.02 ppm. A method 
for quantitation of triflusulfuron methyl in garden beets uses a high 
performance liquid chromatograph (HPLC) with eluent and column-
switching and ultra-violet (UV) detection at 232 nanometer (nm) for the 
determination of triflusulfuron methyl residues in garden beet foliage 
and roots. Sample clean-up is achieved through reversed phase 
chromatography using eluent-switching. Column-switching provides the 
resolution required for quantitation of triflusulfuron methyl. The 
calculated LOQ values were 0.0069 ppm for roots and 0.0044 ppm on tops 
(leaves) respectively. Triflusulfuron methyl is detected at levels as 
low as 0.005 ppm. Triflusulfuron methyl recoveries averaged 99% for 
foliage and 110% for roots. Contact: Laura Nollen, (703) 305-7390, e-
mail address: nollen.laura@epa.gov.
    5. PPs 9F7553 and 9F7555. (EPA-HQ-OPP-2007-0099). Nichino America, 
Inc., 4550 New Linden Hill Road, Suite 501, Wilmington, DE 19808, 
proposes to establish tolerances in 40 CFR part 180 for residues of the 
insecticide flubendiamide, (N2-[1,1-dimethyl-2-
(methylsulfonyl)ethyl]-3-iodo- N1-[2-methyl-4-[1,2,2,2-
tetrafluoro-1-(trifluoromethyl)ethyl]phenyl-1,2-benzenedicarboxamide, 
in or on vegetable, legume, edible podded, subgroup 6A at 0.5 ppm; pea 
and bean, succulent shelled, subgroup 6B at 0.04 ppm; pea and bean, 
dried shelled, except soybean, subgroup 6C at 0.8 ppm; vegetable, 
foliage of legume, except soybean, subgroup 7A at 35 ppm; soybeans, 
aspirated grain fractions at 91 ppm; soybean, forage at 18 ppm; 
soybean, hay at 60 ppm; and soybean, hulls at 0.7 ppm (9F7553); and 
rice, straw as a rotational crop at 0.07 ppm (9F7555). Independently 
validated, analytical methods for crop matrices have been submitted for 
measuring flubendiamide. Typically, plant matrices samples are 
extracted, concentrated, and quantified by liquid chromatography/mass 
spectrometry/mass spectrometry (LC/MS/MS) using deuterated internal 
standards. Contact: Carmen Rodia, (703) 306-0327, e-mail address: 
rodia.carmen@epa.gov.
    6. PP 9F7655. (EPA-HQ-OPP-2010-0031). Bayer CropScience, 2 T. W. 
Alexander Drive, Research Triangle Park, NC 27709, proposes to 
establish tolerances in 40 CFR part 180 for residues of the herbicide 
glufosinate ammonium and its metabolites expressed as butanoic acid, 2-
amino-4-(hydroxymethylphosphinyl)-, monoammonium salt, 2-acetamido-4-
methylphosphinico-butanoic acid (Hoe 099730 or N-Acetyl Glufosinate) 
and 3-methylphosphinico-propionic acid (Hoe 061517 or MPP) expressed as 
glufosinate free acid equivalents, in or on citrus fruit, crop group 10 
(including varieties and/or hybrids) and all associated processed 
fractions at 0.05 ppm; pome fruits, crop group 11 and all associated 
processed fractions at 0.10 ppm; stone fruit, crop group 12 at 0.10 
ppm; dried plums (dried prunes) at 0.2 ppm; and olives and the 
processed fraction olive oil at 0.05 ppm. The enforcement analytical 
method utilizes gas chromatography for detecting and measuring levels 
of glufosinate-ammonium and metabolites with a general limit of 
quantification of 0.05 ppm. This method allows detection of residues at 
or above the proposed tolerances. Contact: James Stone, (703) 305-7391, 
e-mail address: stone.james@epa.gov.
    7. PP 9F7667. (EPA-HQ-OPP-2010-0122). Syngenta Crop Protection, 
Inc., PO Box 18300, Greensboro, NC 27419-8300, proposes to establish a 
tolerance in 40 CFR part 180 for residues of the herbicide sodium salt 
of fomesafen, 5-[2-cloro-4-(trifluoromethyl)phenoxy]-N-
(methylsulfonyl)-2-nitrobenzamide, in or on peppers at 0.025 ppm. An

[[Page 13280]]

analytical method using chemical derivatization followed by gas 
chromatography with nitrogen-phosphorus 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. The 
LOQ is 0.025 ppm. Contact: Michael Walsh, (703) 308-2972, e-mail 
address: walsh.michael@epa.gov.

Amended Tolerance

     PP 9E7659. (EPA-HQ-OPP-2009-1009). The Interregional Research 
Project No. 4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ 
08540, proposes to amend the tolerances in 40 CFR 180.434 by increasing 
the tolerances for the combined residues of the fungicide 
propiconazole, (1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] 
methyl]-1H-1,2,4-triazole) and its metabolites determined as 2,4-
dichlorobenzoic acid and expressed as parent compound, in or on 
peppermint, tops and spearmint, tops from 3.5 ppm to 10 ppm; and by 
removing the tolerances for berry group 13 at 1.0 ppm; onion, bulb at 
0.2 ppm; onion, green at 9.0 ppm and strawberry at 1.3 ppm. Analytical 
methods AG-626 and AG-454A were developed for the determination of 
residues of propiconazole and its metabolites containing the DCBA 
moiety. Analytical method AG-626 has been accepted and published by EPA 
as the tolerance enforcement method for crops. The limit of 
quantitation (LOQ) for the method is 0.05 ppm. Contact: Andrew Ertman, 
(703) 308-9367, e-mail address: ertman.andrew@epa.gov.

New Tolerance Exemptions

     1. PP 9E7631. (EPA-HQ-OPP-2009-0098). Joint Inerts Task Force, 
Cluster Support Team 14, EPA Company Number 84946, c/o CropLife 
America, 1156 15th St., NW., Suite 400, Washington, DC 20005, proposes 
to establish an exemption from the requirement of a tolerance for 
residues of sodium and potassium salts of N-alkyl (C8-
C18)-[beta]-iminodipropionic acid (SSNA) under 40 CFR 
180.910 and 180.930 when used as inert ingredients in pesticide 
formulations, limited to a maximum of 30% by weight in end-use products 
for the following sodium and potassium salts of N-alkyl (C8-
C18)-beta-iminodipropionic acid where the C8-
C18 is linear and may be saturated and/or unsaturated: 
[beta]-alanine, N-(2-carboxyethyl-N-octadecyl-, dipotassium salt 
(110676-19-2); [beta]-alanine, N-(2-carboxyethyl)-N-dodecyl-disodium 
salt (3655-00-3); [beta]-alanine, N-(2-carboxyethyl)-N-tallow alkyl 
derivatives-, disodium salts (61791-56-8); [beta]-alanine, N-(2-
carboxyethyl)-N-dodecyl-, monosodium salts (14960-06-6); [beta]-
alanine, N-(2-carboxyethyl)-N-dodecyl-, disodium salt (26256-79-1); 
[beta]-alanine, N-(2-carboxyethyl)-N-coco alkyl derivatives, disodium 
salts (90170-43-7); [beta]-alanine, N-(2-carboxyethyl)-N-
(C8-C18 and C18 unsaturated alkyl) 
derivatives, disodium salt (91696-17-2); [beta]-alanine, N-(2-
carboxyethyl)-N-(C14-C18 and C18 
unsaturated alkyl) derivatives, disodium salt (97862-48-1). The 
petitioner believes no analytical method is needed because requirements 
for an analytical method are not applicable to a request to establish 
an exemption from the requirement of a tolerance. Contact: Karen Samek, 
(703) 347-8825, e-mail address: samek.karen@epa.gov.
     2. PP 9E7636. (EPA-HQ-OPP-2009-0098). Joint Inerts Task Force, 
Cluster Support Team 14, EPA Company Number 84946, c/o CropLife 
America, 1156 15th St., NW., Suite 400, Washington, DC 20005, proposes 
to establish an exemption from the requirement of a tolerance for 
residues of sodium and potassium salts of N-alkyl (C8-
C18)-[beta]-iminodipropionic acid (SSNA) under 40 CFR 
180.940 when used as inert ingredients in pesticide formulations, 
limited to a maximum of 30% by weight in end-use products for the 
following sodium and potassium salts of N-alkyl (C8-
C18)-[beta]-iminodipropionic acid where the C8-
C18 is linear and may be saturated and/or unsaturated: 
[beta]-alanine, N-(2-carboxyethyl-N-octadecyl-, dipotassium salt 
(110676-19-2); [beta]-alanine, N-(2-carboxyethyl)-N-dodecyl-disodium 
salt (3655-00-3); [beta]-alanine, N-(2-carboxyethyl)-N-tallow alkyl 
derivatives-, disodium salts (61791-56-8); [beta]-alanine, N-(2-
carboxyethyl)-N-dodecyl-, monosodium salts (14960-06-6); [beta]-
alanine, N-(2-carboxyethyl)-N-dodecyl-, disodium salt (26256-79-1); 
[beta]-alanine, N-(2-carboxyethyl)-N-coco alkyl derivatives, disodium 
salts (90170-43-7); [beta]-alanine, N-(2-carboxyethyl)-N-
(C8-C18 and C18 unsaturated alkyl) 
derivatives, disodium salt (91696-17-2); [beta]-alanine, N-(2-
carboxyethyl)-N-(C 14-C18 and C18 
unsaturated alkyl) derivatives, disodium salt (97862-48-1). The 
petitioner believes no analytical method is needed because requirements 
for an analytical method are not applicable to a request to establish 
an exemption from the requirement of a tolerance. Contact: Karen Samek, 
(703) 347-8825, e-mail address: samek.karen@epa.gov.
     3. PP 9E7649. (EPA-HQ-OPP-2010-0033). BASF Corporation, 100 Campus 
Drive, Florham Park, NJ 07932, proposes to establish an exemption from 
the requirement of a tolerance for residues of 2-Propenoic acid, 
polymer with 1,3-butadiene and ethenylbenzene (CAS No. 25085-39-6) 
under 40 CFR 180.960 when used as a pesticide inert ingredient as a 
surfactant in pesticide formulations without limits. The petitioner 
believes no analytical method is needed because requirements for an 
analytical method are not applicable to a request to establish an 
exemption from the requirement of a tolerance. Contact: Elizabeth 
Fertich, (703) 347-8560, e-mail address: fertich.elizabeth@epa.gov.
     4. PP 9E7647. (EPA-HQ-OPP-2008-0739). Joint Inerts Task Force, 
Cluster Support Team 13, EPA Company Number 84949, c/o CropLife 
America, 1156 15th St., NW, Suite 400, Washington, DC 20005, proposes 
to establish an exemption from the requirement of a tolerance for 
residues of Sodium 1,4-dialkyl sulfosuccinates (SDSS) inert ingredients 
under 40 CFR 180.910 and 180.930 when used as a pesticide inert 
ingredient in pesticide formulations, including: Sodium 1,4-dihexyl 
sulfosuccinate (Butanedioic acid, sulfo, 1,4-bis dihexyl ester sodium 
salt) (3006-15-3); Sodium 1,4-diisobutyl sulfosuccinate (Butanedioic 
acid, sulfo, 1,4-bis diisobutyl ester, sodium salt) (127-39-9); Sodium 
1,4-dipentyl sulfosuccinate (Butanedioic acid, sulfo, 1,4-bis dipentyl 
ester sodium salt) (922-80-5). The petitioner believes no analytical 
method is needed because requirements for an analytical method are not 
applicable to a request to establish an exemption from the requirement 
of a tolerance. Contact: Karen Samek, (703) 347-8825, e-mail address: 
samek.karen@epa.gov.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives, 
Food additives, Pesticides and pests, Reporting and recordkeeping 
requirements.

    Dated: March 10, 2010.
 Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 2010-6074 Filed 3-18-10; 8:45 am]
BILLING CODE 6560-50-S
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