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[Federal Register: February 25, 2011 (Volume 76, Number 38)]
[Notices]               
[Page 10584-10587]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe11-55]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0082; FRL-8863-3]

 
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 March 28, 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

[[Page 10585]]

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 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 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 
their Division: 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. 
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 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, 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 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 petitions so that the public has an 
opportunity to

[[Page 10586]]

comment on the requests for the establishment or modification of 
regulations for residues of pesticides in or on food commodities. 
Further information on the petitions may be obtained through the 
petitions summaries referenced in this unit.

New Tolerances

    1. PP 0E7790. (EPA-HQ-OPP-2010-0186). Nissan Chemical Industries, 
Inc., 3-7-1, Kanda Nishiki-cho, Chiyoda-ku, Tokyo, Japan c/o Lewis & 
Harrison, 122 C Street, NW., Suite 740, Washington, DC 20001, proposes 
to establish tolerances in 40 CFR part 180 for residues of the 
fungicide amisulbrom, 3-[3-bromo-6-fluoro-2-methyl-H-indol-1-yl 
sulfonyl]-N,N-dimethyl-1H-1,2,4-triazole-1-sulfonamide and its 
metabolite IT-4, in or on tomatoes at 0.5 parts per million (ppm) and 
tomato, paste at 1.2 ppm. The proposed tolerances are for tomatoes and 
its processed products treated in Western Europe and imported into the 
United States. There will be no U.S. registration. Tandem mass 
spectrographic detection (LC/MS/MS) is used for determination and 
quantification of amisulbrom. The limit of quantitation (LOQ) is 0.01 
ppm. The Food and Drug Administration (FDA) Multi-Residue Protocols C 
and E were tested and considered suitable as either an enforcement 
method or as a confirmatory method. Contact: Olga Odiott, (703) 308-
9369, Registration Division (7505P), e-mail address: 
odiott.olga@epa.gov.
    2. PP 0E7802. (EPA-HQ-OPP-2010-1018). Interregional Research 
Project Number 4 (IR-4), Rutgers, The State University of New Jersey, 
500 College Road East, Suite 201W., Princeton, NJ 08540, proposes to 
establish a tolerance in 40 CFR part 180 for residues of the herbicide 
quizalofop-ethyl (ethyl-2-[4-(6-chloroquinoxalin-2-yl 
oxy)phenoxy]propanoate), including its metabolites and degradates, in 
or on rapeseed subgroup 20A, except flax, seed at 1.0 ppm; gold of 
pleasure, meal at 1.5 ppm; crambe, meal at 1.5 ppm; sorghum, grain at 
0.2 ppm; sorghum, forage at 0.2 ppm; sorghum, stover at 0.35 ppm; and 
sorghum, aspirated grain at 1.0 ppm. An adequate analytical 
methodology, high-pressure liquid chromatography (HPLC) using either 
ultraviolet (UV) or fluorescence detection is available for enforcement 
purposes and is available in the Food and Drug Administration Pesticide 
Analytical Method Volume II (PAM II, Method I). Contact: Laura E. 
Nollen, (703) 305-7390, Registration Division (7505P), e-mail address: 
nollen.laura@epa.gov.
    3. PP 0E7804. (EPA-HQ-OPP-2010-0472). Interregional Research 
Project No. 4 (IR-4), Rutgers, The State University of New Jersey, 500 
College Road East, Suite 201W., Princeton, NJ 08540, proposes to 
establish a tolerance in 40 CFR part 180 for residues of the 
insecticide zeta-cypermethrin, (S-cyano(3-phenoxyphenyl) methyl ())(cis-trans 3-(2,2-dichloroethenyl)-2,2 
dimethylcyclopropanecarboxylate and its inactive R-isomers, in or on 
avocado; papaya; star apple; black sapote; mango; sapodilla; canistel; 
and mamey sapote at 0.45 ppm. There is a practical analytical method 
for detecting and measuring levels of cypermethrin in or on food with a 
limit of detection 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: Andrew Ertman, (703) 308-
9367, Registration Division (7505P), e-mail address: 
ertman.andrew@epa.gov.
    4. PP 0E7809. (EPA-HQ-OPP-2010-1017). Interregional Research 
Project No. 4 (IR-4), Rutgers, The State University of New Jersey, 500 
College Road East, Suite 201W., Princeton, NJ 08540, proposes to 
establish a tolerance in 40 CFR part 180 for residues of the herbicide 
rimsulfuron, N-((4,6-dimethoxypyrimidin-2-yl)aminocarbonyl)-3-
(ethylsulfonyl)-2-pyridinesulfonamide, including its metabolites and 
degradates, in or on caneberry, subgroup 13-07A at 0.01 ppm; and 
bushberry, subgroup 13-07B at 0.01 ppm. Adequate analytical 
methodology, HPLC with electrospray ionization tandem mass spectrometry 
(ESI-MS/MS) detection, is available for enforcement purposes. Contact: 
Sidney C. Jackson, (703) 305-7610, Registration Division (7505P), e-
mail address: jackson.sidney@epa.gov.
    5. PP 0F7763. (EPA-HQ-OPP-2010-0888). E. I. DuPont de Nemours and 
Company, DuPont Crop Protection, 1700 Market St., Wilmington, DE 19898, 
proposes to establish a tolerance 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 bushberry, subgroup 13-07B at 2.5 ppm; large 
shrub/tree berry, subgroup 13-07C at 2.5 ppm; low growing berry, 
subgroup 13-07G at 2.5 ppm; ti palm, roots at 0.35 ppm; ti palm, leaves 
at 13 ppm; root and tuber vegetables, group 1 at 0.35 ppm; leaves of 
root and tuber vegetables, group 2 at 40 ppm; sugar beet molasses at 11 
ppm; onion, bulb, subgroup 3-07A at 0.35 ppm; peanut, nutmeat at 0.35 
ppm; peanut, hay at 90 ppm; tea, dried leaves at 50 ppm and to increase 
tolerances in or on fruiting vegetables (except cucurbits), group 8 
from 0.70 ppm to 0.90 ppm; cucurbit vegetables, group 9 from 0.25 ppm 
to 0.30 ppm; and okra from 0.70 ppm to 0.90 ppm. Spectrometry is 
available to enforce the proposed tolerances. Contact: Rita Kumar, 
(703) 308-8291, Registration Division (7505P), e-mail address: 
kumar.rita@epa.gov.
    6. PP 0F7783. (EPA-HQ-OPP-2010-0968). Valent U.S.A. Corporation, 
1600 Riviera Avenue, Suite 200, Walnut Creek, CA 94596, proposes to 
establish a tolerance in 40 CFR part 180 for residues of the 
insecticide etoxazole, 2-(2,6-difluorophenyl)-4-[4-(1,1-dimethylethyl)-
2-ethoxyphenyl]-4,5-dihydrooxazole, in or on corn, field, grain at 0.01 
ppm; corn, field, forage at 0.6 ppm; corn, field, stover at 2.5 ppm; 
corn, field, refined oil at 0.03 ppm; corn, pop, grain at 0.01 ppm; 
corn, pop, stover at 2.5 ppm; poultry, fat at 0.01 ppm; and poultry, 
liver at 0.02 ppm. Adequate enforcement methodology gas chromatography/
mass spectrometry detection (GC/MSD) for detecting and measuring levels 
of etoxazole is available to enforce proposed tolerances in/on corn raw 
and processed commodities. Gas chromatography/nitrogen phosphorus 
detection (GC/NPD) enforcement methodology is also available to enforce 
proposed livestock commodity tolerances. Contact: Autumn Metzger, (703) 
305-5314, Registration Division (7505P), e-mail address: 
metzger.autumn@epa.gov.
    7. PP 0F7805. (EPA-HQ-OPP-2010-1079). Syngenta Crop Protection, 
Inc., Syngenta Crop Protection, Inc., P.O. Box 18300, Greensboro, NC, 
27419, proposes to establish a tolerance in 40 CFR part 180 for 
residues of the insecticide thiamethoxam (CAS Reg. No. 153719-23-4), 3-
[(2-chloro-5-thiazolyl)methyl]tetrahydro-5-methyl-N-nitro-4H-1,3,5-
oxadiazin-4-imine and its metabolite, N-(2-chloro-thiazol-5-ylmethyl)-
N'-methyl-N'-nitro-guanidine, in or on grain, cereal, group 15, except 
barley and corn at 0.02 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 with either UV or MS detections. The limit of 
detection (LOD) for each analyte of this method is 1.25 nanograms (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

[[Page 10587]]

other substrates. Contact: Kable Bo Davis, (703) 306-0415, Registration 
Division (7505P), e-mail address: davis.kable@epa.gov.

Amended Tolerance

    PP 0E7802. (EPA-HQ-OPP-2010-1018). Interregional Research Project 
Number 4 (IR-4), Rutgers, The State University of New Jersey, 500 
College Road East, Suite 201W., Princeton, NJ 08540, proposes to amend 
the tolerance in 40 CFR 180.441 for residues of the herbicide 
quizalofop-ethyl (ethyl-2-[4-(6-chloroquinoxalin-2-yl 
oxy)phenoxy]propanoate), including its metabolites and degradates, by 
removing the established tolerance for canola, seed at 1.0 ppm from the 
table in paragraph (a)(3) upon the approval of the aforementioned 
tolerances under Unit II. ``New Tolerance'', as the individual 
tolerance will be superseded by inclusion in rapeseed subgroup 20A, 
except flax, seed. The petition also proposes to remove section (a)(4), 
as these tolerances expired on June 14, 1999.
    The petition, PP 0E7802, also proposes to amend the tolerances in 
40 CFR part 180.441 by combining the tables for sections (a)(1) and 
(a)(3) into one table under section (a)(1), and by removing section 
(a)(3). The petition further proposes to revise the tolerance 
expression under section (a)(1) to read as follows: ``Tolerances are 
established for residues of the herbicide quizalofop ethyl, including 
its metabolites and degradates, in or on the commodities in the table 
below. Compliance with the tolerance levels specified below is to be 
determined by measuring only those quizalofop ethyl residues 
convertible to 2-methoxy-6-chloroquinoxaline, expressed as the 
stoichiometric equivalent of quizalofop ethyl, in or on the 
commodity.''
    The petition, PP 0E7802, additionally proposes to revise the 
tolerance expression under section (a)(2) to read as follows: 
``Tolerances are established for residues of the herbicide quizalofop 
ethyl, including its metabolites and degradates, in or on the 
commodities in the table below. Compliance with the tolerance levels 
specified below is to be determined by measuring only those quizalofop 
ethyl residues convertible to quizalofop (2-[4-(6-chloroquinoxalin-2-
yl-oxy)phenoxy]propanoic acid), expressed as quizalofop, in or on the 
commodity.''
    Finally, the petition proposes to revise the tolerance expression 
under section (c) to read as follows: ``Tolerances with regional 
registrations. Tolerances with regional registration are established 
for residues of the herbicide quizalofop ethyl, including its 
metabolites and degradates, in or on the commodities in the table 
below. Compliance with the tolerance levels specified below is to be 
determined by measuring only those quizalofop ethyl residues 
convertible to 2-methoxy-6-chloroquinoxaline, expressed as the 
stoichiometric equivalent of quizalofop ethyl, in or on the 
commodity.'' Contact: Laura E. Nollen, (703) 305-7390, Registration 
Division (7505P), e-mail address: nollen.laura@epa.gov.

New Tolerance Exemptions

    1. PP 0E7697. (EPA-HQ-OPP-2010-0271). Novozymes, North America, 
Inc., P.O. Box 576, 77 Perry Chapel Church Road, Franklinton, NC 27525, 
proposes to establish an exemption from the requirement of a tolerance 
for residues of lipase, triacylglycerol (CAS Reg. No. 9001-62-1), under 
40 CFR 180.950 when used as an inert ingredient in pesticide 
formulations as an aid in the removal of lipids when used in contact 
surface sanitizers. The petitioner believes no analytical method is 
needed because this petition is a request for an exemption from the 
requirement of a tolerance without numerical limitations. Contact: 
Elizabeth Fertich, (703) 347-8560, Registration Division (7505P), e-
mail address: fertich.elizabeth@epa.gov.
    2. PP 0F7778. (EPA-HQ-OPP-2011-0012). Marrone Bio Innovations, 
Inc., EPA Company No. 84059, 2121 Second St., Suite B-107, Davis, CA 
95618, proposes to establish an exemption from the requirement of a 
tolerance for residues of the biological insecticide, Burkholderia sp 
strain A396, under 40 CFR part 180 in or on all agricultural 
commodities. An analytical method for detecting and measuring the 
levels of the pesticide residue for Burkholderia sp strain A396 is not 
applicable. It is expected that when used as proposed, Burkholderia sp 
strain A396 would not result in residues that are of toxicological 
concern. Contact: Anna Gross, (703) 305-5614, Biopesticides and 
Pollution Prevention Division (7511P), e-mail address: 
gross.anna@epa.gov.

List of Subjects

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

    Dated: February 11, 2011.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-4142 Filed 2-24-11; 8:45 am]
BILLING CODE 6560-50-P
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