Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 22067-22070 [2011-9447]

Download as PDF Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Proposed Rules Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist supporting this preliminary determination is available in the docket where indicated under ADDRESSES. This proposed rule involves the establishment of a safety zone, and therefore, paragraph (34)(g) of figure 2–1 applies. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. jlentini on DSKJ8SOYB1PROD with PROPOSALS List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. VerDate Mar<15>2010 16:26 Apr 19, 2011 Jkt 223001 2. Add § 165.T09–0265 to read as follows: § 165.T09–0265 Safety Zone; Michigan Bankers Association Fireworks, Lake Huron, Mackinac Island, MI. (a) Location. The following area is a temporary safety zone: All waters of Lake Huron within a 500-foot radius from the fireworks launch site, approximately 460 yards south of Biddle Point, at position 45°50′32.82″ N, 084°37′03.18″ W: [DATUM: NAD 83]. (b) Effective and Enforcement period. This regulation is effective and will be enforced from 9 p.m. until 11 p.m. on June 23, 2011. (1) The Captain of the Port, Sector Sault Sainte Marie may suspend at any time the enforcement of the safety zone established under this section. (2) The Captain of the Port, Sector Sault Sainte Marie, will notify the public of the enforcement and suspension of enforcement of the safety zone established by this section via any means that will provide as much notice as possible to the public. These means might include some or all of those listed in 33 CFR 165.7(a). The primary method of notification, however, will be through Broadcast Notice to Mariners and local Notice to Mariners. (c) Definitions. The following definitions apply to this section: (1) Designated representative means any Coast Guard commissioned, warrant, or petty officer designated by the Captain of the Port Sault Sainte Marie to monitor these safety zones, permit entry into these safety zones, give legally enforceable orders to persons or vessels within these safety zones, or take other actions authorized by the Captain of the Port. (2) Public vessel means a vessel owned, chartered, or operated by the United States or by a State or political subdivision thereof. (d) Regulations. (1) The general regulations in 33 CFR § 165.23 apply. (2) All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port Sault Sainte Marie or a designated representative. Upon being hailed by the U.S. Coast Guard by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed. (3) When the safety zone established by this section is being enforced, all vessels must obtain permission from the Captain of the Port Sault Sainte Marie or his designated representative to enter, move within, or exit that safety zone. Vessels and persons granted permission to enter the safety zone shall obey all lawful orders or directions of the PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 22067 Captain of the Port or his designated representative. While within the safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course. (e) Exemption. Public vessels, as defined in paragraph (c) of this section, are exempt from the requirements in this section. Dated: April 8, 2011. J.C. McGuiness, Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie. [FR Doc. 2011–9534 Filed 4–19–11; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 174 and 180 [EPA–HQ–OPP–2011–0082; FRL–8869–7] Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities Environmental Protection Agency (EPA). ACTION: Notice of filing of petitions and request for comment. AGENCY: 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 May 20, 2011. ADDRESSES: Submit your comments, identified by docket identification (ID) number and the pesticide petition number (PP) for the petition of interest as shown in the body of this document, by one of the following methods: • Federal eRulemaking Portal: https:// 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. SUMMARY: E:\FR\FM\20APP1.SGM 20APP1 jlentini on DSKJ8SOYB1PROD with PROPOSALS 22068 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Proposed Rules 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 https://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 https://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 https:// 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 VerDate Mar<15>2010 16:26 Apr 19, 2011 Jkt 223001 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 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 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 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 E:\FR\FM\20APP1.SGM 20APP1 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Proposed Rules jlentini on DSKJ8SOYB1PROD with PROPOSALS 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 https:// 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 0F7807. (EPA–HQ–OPP–2011– 0179). BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709–3528, request to establish tolerances in 40 CFR part 180 for residues of the fungicide metconazole, 5-[(4chlorophenyl)methyl]-2,2-dimethyl-1-(1H-1,2,4triazol-1-ylmethyl)cyclopentanol, measured as the sum of cis- and transisomers, in or on sugarcane, cane at 0.06 parts per million (ppm); and sugarcane, molasses at 0.08 ppm. Independently validated analytical methods have been submitted for analyzing parent metconazole residues with appropriate sensitivity in the raw crop and processed commodities for sugarcane for which tolerances are being requested. Contact: Tamue L. Gibson, (703) 305–9096, Registration Division (7505P), e-mail address: gibson.tamue@epa.gov. 2. PP 1F7825. (EPA–HQ–OPP–2006– 0075). Gowan Company, 370 S. Main Street, Yuma, AZ 85364, request to establish tolerances in 40 CFR part 180 for residues of the insecticide fenazaquin, 4-tert-butylphenethyl quinazolin-4-yl ether, in or on fruit, pome group at 0.35 ppm; cucurbit group at 0.25 ppm; almond, hulls at 4.5 ppm; apple, wet pomace at 0.6 ppm; berry fruit group at 0.6 ppm; vegetable, fruiting group at 0.25 ppm; grape at 0.9 ppm; hop at 2.0 ppm; mint at 6.0 ppm; stone fruit group at 1.5 ppm; strawberry at 1.5 ppm; tree nut group at 0.02 ppm; alfalfa, forage at 4.5 ppm; alfalfa, hay at 8.0 ppm; avocado at 0.15 ppm; citrus fruit group at 0.3 ppm; citrus, oil at 2.5 ppm; cotton, seed (undelinted) at 0.5 ppm; cotton, gin byproducts at 12.0 ppm; bean, shelled dry subgroup at 0.2 VerDate Mar<15>2010 16:26 Apr 19, 2011 Jkt 223001 ppm; bean, edible podded subgroup at 0.3 ppm; beans and pea, succulent subgroup at 0.02 ppm; corn, field, grain at 0.15 ppm; corn, field, forage at 9.0 ppm; corn, field, stover at 30 ppm; corn, field, aspirated grain fractions at 9.0 ppm; corn, field, refined oil at 0.6 ppm; corn, sweet at 0.04 ppm; and corn, sweet, forage at 9.0 ppm. An analytical method—liquid chromatography/ tandem mass spectrometry (LC/MS/MS) with positive-ion electrospray ionization/MS/MS is available for enforcement purposes. The method had a limit of quantitation (LOQ) of 0.01 ppm and a limit of detection (LOD) of 0.003 ppm. Contact: Dan Peacock, Registration Division (7505P), (703) 3055407, e-mail address: peacock.dan@epa.gov. 3. PP 1F7836. (EPA–HQ–OPP–2011– 0283). Dow AgroSciences, LLC, 9330 Zionsville Road, Indianapolis, IN, 46268, request to reestablish and make permanent tolerances in 40 CFR part 180 for the combined residues of the herbicide cyhalofop (cyhalofop-butyl, R-(+)-n-butyl-2-(4(4-cyano-2fluorophenoxy)-phenoxy)propionate, plus cyhalofop acid, R-(+)-2-(4(4-cyano2-fluorophenoxy)-phenoxy)propionic acid) and the di-acid metabolite, (2R)-4[4-(1-carboxyethoxy)phenoxy]-3fluorobenzoic acid, in or on rice, grain at 0.35 ppm; and rice, wild, grain at 0.35 ppm. An adequate analytical method is available for enforcement purposes; the method has been developed and validated to determine the residues of cyhalofop-butyl, cyhalofop (acid form) and the di-acid metabolite in rice grain, straw and processed products. The method was based on capillary gas chromatography (GC) with mass selective detection. Level of detection was 0.005 ppm or 0.006 ppm depending on the analyte and matrix. Contact: James Stone, Registration Division (7505P), (703) 305–7391, e-mail address: stone.james@epa.gov. Amended Tolerance PP 1F7840. (EPA–HQ–OPP–2011– 0307). E.I. du Pont de Nemours & Company, 1007 Market Street, Wilmington, DE 19898, request to amend 40 CFR 180.364(a) to establish a tolerance for the combined residues of the herbicide glyphosate, N (phosphonomethyl)glycine, and its metabolite, N-acetyl-glyphosate (expressed as glyphosate) on canola, seed. An analytical method was developed, and validated, for the determination of glyphosate and degradate residues in transgenic crop and crop fraction matrices. The method was validated at 0.050 milligrams/ kilograms (mg/kg) and 0.50 mg/kg or PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 22069 higher fortification level using a LC/MS/ MS system operating with an electrospray interface (ESI) in positive ion mode detection. An analytical method was developed, and validated, for the determination of glyphosate, Nacetylglyphosate, AMPA, and N-acetyl AMPA in animal matrices including milk, eggs, muscle, kidney, liver, and fat. The method was validated at the respective LOQ and 10×LOQ level for each matrix using a LC/MS/MS system operating with an ESI in positive or negative ion mode detection. Contact: Erik Kraft, Registration Division (7505P), (703) 308–9358, e-mail address: kraft.erik@epa.gov. New Tolerance Exemptions 1. PP 0E7814. (EPA–HQ–OPP–2011– 0276). Interregional Research Project Number 4 (IR–4), 500 College Road East, Suite 201 W., Princeton, NJ 08540 on behalf of Arkion Life Sciences, 551 Mews Drive, Suite J, New Castle, DE 19720, request to establish an exemption from the requirement of tolerances for residues of the biochemical pesticide 9,10 anthraquinone, in or on corn, field, seed; and corn, sweet, seed. An analytical method is available. Sample analysis for residues of anthraquinone, 1-hydroxyanthraquinone, and 2hydroxyanthraquinone was conducted by Cornell Analytical Laboratories, Geneva, NY. The procedure used was ‘‘Residue Analysis of Anthraquinone on Corn (field) including Kernels plus Cob with Husks Removed (K+CWHR), Forage, Grain, and Stover by LC/MS Detection’’, Version #1. Contact: Chris Pfeifer, Biopesticides and Pollution Prevention Division (7511P), (703) 308– 0031, e-mail address: pfeifer.chris@epa.gov. 2. PP 1E7834. (EPA–HQ–OPP–2011– 0327). Akzo Nobel Surface Chemistry, LLC, 909 Mueller Avenue, Chattanooga, TN 37406, request to establish an exemption from the requirement of a tolerance for 2-propenoic acid, 2methyl-, phenylmethyl ester, polymer with 2-propenoic acid and sodium 2methyl-2-[(1-oxo-2-propen-1-yl)amino]1-propanesulfonate (1:1), peroxydisulfuric acid ([HO)S(O)2]202) sodium salt (1:2)initiated (CAS Reg. No. 1246766–57–3) when used as a pesticide inert ingredient as a dispersant in pesticide formulations under 40 CFR 180.960 in or on all raw agricultural commodities. An analytical method is generally not required when all criteria for polymer exemption per 40 CFR 723.250 are met. In addition, Akzo Nobel is petitioning for an exemption from the requirement of a tolerance without any numerical limitations. E:\FR\FM\20APP1.SGM 20APP1 22070 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Proposed Rules Contact: Mark Dow, Registration Division (7505P), (703) 305–5533, e-mail address: dow.mark@epa.gov. 3. PP 0F7729. (EPA–HQ–OPP–2010– 0096). DSM Food Specialties B.V., Alexander Fleminglaan 1, 2613 AX Delft, The Netherlands, c/o Keller and Heckman, LLP, 1001 G. Street, NW., Washington, DC 20001 request to establish an exemption from the requirement of a tolerance for residues of the biochemical pesticide natamycin, (6,11,28Trioxatricyclo[22.3.1.05,7]octacosa8,14,16,18,20-pentaene-25-carboxylic acid, 22-[(3-amino-3,6-dideoxy-b-Dmannopyranosyl)oxy]-1,3,26trihydroxy-12-methyl-10oxo-, (1R,3S,5R,7R,8E,12R,14E,16E,18E, 20E,22R,24S,25R,26S) (CAS Reg. No. 7681–93–8), in or on mushrooms. An analytical method is available to EPA for the detection and measurement of the pesticide residues. Contact: Cheryl Greene, Biopesticides and Pollution Prevention Division (7511P), (703) 308– 0352, e-mail address: greene.cheryl@epa.gov. DEPARTMENT OF HEALTH AND HUMAN SERVICES Amended Tolerance Exemption 48 CFR Parts 4, 8, 17, 37, and 52 PP 1E7830. (EPA–HQ–OPP–2007– 0158). Interregional Research Project Number 4 (IR–4), Rutgers University, 500 College Road East, Suite 201W, Princeton, NJ 08540 on behalf of the Arizona Cotton Research and Protection Council, 3721 East Wier Avenue, Phoenix, AZ 85040–2933, request to amend 40 CFR 180.1206 to establish a permanent exemption from the requirement of a tolerance for Aspergillus flavus AF36 on pistachio. The petitioner believes no analytical method is needed because an exemption from the requirement of a tolerance for residues of the microbial pesticide A. flavus AF36 in/on pistachios, without any numerical limitation is being requested for pistachios. Contact: Shanaz Bacchus, Biopesticides and Pollution Prevention Division (7511P), (703) 308–8097, e-mail address: bacchus.shanaz@epa.gov. [FAR Case 2010–010; Docket 2010–0010, Sequence 1] jlentini on DSKJ8SOYB1PROD with PROPOSALS List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: April 11, 2011. Daniel J. Rosenblatt, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2011–9447 Filed 4–19–11; 8:45 am] BILLING CODE 6560–50–P VerDate Mar<15>2010 16:26 Apr 19, 2011 Jkt 223001 42 CFR Part 5 Negotiated Rulemaking Committee on Designation of Medically Underserved Populations and Health Professional Shortage Areas; Notice of Meeting Correction Proposed Rule document 2011–9081 was inadvertently published in the Rules section of the issue of April 14, 2011, beginning on page 20867. It should have appeared in the Proposed Rules section. [FR Doc. 2011–9600 Filed 4–19–11; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION RIN 9000–AM06 Federal Acquisition Regulation; Service Contracts Reporting Requirements Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. AGENCY: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement section 743 of Division C of the Consolidated Appropriations Act, 2010. This proposed rule amends the FAR to require service contractors for executive agencies, except the Department of Defense (DoD), covered by the Federal Activities Inventory Reform (FAIR) Act of 1998, to submit information annually in support of agency-level inventories for service contracts. SUMMARY: Interested parties should submit written comments to the Regulatory Secretariat at one of the addresses shown below on or before June 20, 2011 to be considered in the formation of a final rule. ADDRESSES: Submit comments in response to FAR Case 2010–010, by any of the following methods: DATES: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘FAR Case 2010–010’’ under the heading ‘‘Enter Keyword or ID and selecting ‘‘Search’’. Select the link ‘‘Submit a Comment’’ that corresponds with FAR Case 2010–010 at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘FAR Case 2010–010’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, FAR Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street, NE., Washington, DC 20405. Instructions: Please submit comments only and cite FAR Case 2010–010, in all correspondence related to this case. All comments received will be posted without change to https:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Ms. Clare McFadden, Procurement Analyst, at (202) 501–0044 for clarification of content. Please cite FAR Case 2010–010. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501– 4755. SUPPLEMENTARY INFORMATION: I. Background Section 743 of Division C of the Consolidated Appropriations Act, 2010 (Pub. L. 111–117) requires executive agencies covered by the Federal Activities Inventory Reform (FAIR) Act (Pub. L. 105–270), except DoD, to submit to the Office of Management and Budget (OMB) annually an inventory of activities performed by service contractors. DoD is exempt from this reporting requirement because 10 U.S.C. 2462 and 10 U.S.C. 2330a(c) already requires DoD to develop an annual service contract inventory. House Report 111–366 notes, in connection with section 743, that, ‘‘(i)n the absence of complete and reliable information on the extent of their reliance on service contractors, Federal agencies are not well-equipped to determine whether they have the right balance of contractor and in-house resources needed to accomplish their missions. This section requires agencies to review the contents of the inventory and report on actions taken.’’ Section 743 mandates that, for each service contract, the agency-level inventory report must include the following information— (1) A description of the services purchased by the executive agency and E:\FR\FM\20APP1.SGM 20APP1

Agencies

[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Proposed Rules]
[Pages 22067-22070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9447]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2011-0082; FRL-8869-7]


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 May 20, 2011.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition number (PP) for the petition of 
interest as shown in the body of this document, by one of the following 
methods:
     Federal eRulemaking Portal: https://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 22068]]

    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 
https://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 https://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 https://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, 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

[[Page 22069]]

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 https://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 0F7807. (EPA-HQ-OPP-2011-0179). BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528, request 
to establish tolerances in 40 CFR part 180 for residues of the 
fungicide metconazole, 5-[(4chlorophenyl)-methyl]-2,2-dimethyl-1-(1H-
1,2,4-triazol-1-ylmethyl)cyclopentanol, measured as the sum of cis- and 
trans-isomers, in or on sugarcane, cane at 0.06 parts per million 
(ppm); and sugarcane, molasses at 0.08 ppm. Independently validated 
analytical methods have been submitted for analyzing parent metconazole 
residues with appropriate sensitivity in the raw crop and processed 
commodities for sugarcane for which tolerances are being requested. 
Contact: Tamue L. Gibson, (703) 305-9096, Registration Division 
(7505P), e-mail address: gibson.tamue@epa.gov.
    2. PP 1F7825. (EPA-HQ-OPP-2006-0075). Gowan Company, 370 S. Main 
Street, Yuma, AZ 85364, request to establish tolerances in 40 CFR part 
180 for residues of the insecticide fenazaquin, 4-tert-butylphenethyl 
quinazolin-4-yl ether, in or on fruit, pome group at 0.35 ppm; cucurbit 
group at 0.25 ppm; almond, hulls at 4.5 ppm; apple, wet pomace at 0.6 
ppm; berry fruit group at 0.6 ppm; vegetable, fruiting group at 0.25 
ppm; grape at 0.9 ppm; hop at 2.0 ppm; mint at 6.0 ppm; stone fruit 
group at 1.5 ppm; strawberry at 1.5 ppm; tree nut group at 0.02 ppm; 
alfalfa, forage at 4.5 ppm; alfalfa, hay at 8.0 ppm; avocado at 0.15 
ppm; citrus fruit group at 0.3 ppm; citrus, oil at 2.5 ppm; cotton, 
seed (undelinted) at 0.5 ppm; cotton, gin byproducts at 12.0 ppm; bean, 
shelled dry subgroup at 0.2 ppm; bean, edible podded subgroup at 0.3 
ppm; beans and pea, succulent subgroup at 0.02 ppm; corn, field, grain 
at 0.15 ppm; corn, field, forage at 9.0 ppm; corn, field, stover at 30 
ppm; corn, field, aspirated grain fractions at 9.0 ppm; corn, field, 
refined oil at 0.6 ppm; corn, sweet at 0.04 ppm; and corn, sweet, 
forage at 9.0 ppm. An analytical method--liquid chromatography/tandem 
mass spectrometry (LC/MS/MS) with positive-ion electrospray ionization/
MS/MS is available for enforcement purposes. The method had a limit of 
quantitation (LOQ) of 0.01 ppm and a limit of detection (LOD) of 0.003 
ppm. Contact: Dan Peacock, Registration Division (7505P), (703) 
3055407, e-mail address: peacock.dan@epa.gov.
    3. PP 1F7836. (EPA-HQ-OPP-2011-0283). Dow AgroSciences, LLC, 9330 
Zionsville Road, Indianapolis, IN, 46268, request to reestablish and 
make permanent tolerances in 40 CFR part 180 for the combined residues 
of the herbicide cyhalofop (cyhalofop-butyl, R-(+)-n-butyl-2-(4(4-
cyano-2-fluorophenoxy)-phenoxy)propionate, plus cyhalofop acid, R-(+)-
2-(4(4-cyano-2-fluorophenoxy)-phenoxy)propionic acid) and the di-acid 
metabolite, (2R)-4-[4-(1-carboxyethoxy)phenoxy]-3-fluorobenzoic acid, 
in or on rice, grain at 0.35 ppm; and rice, wild, grain at 0.35 ppm. An 
adequate analytical method is available for enforcement purposes; the 
method has been developed and validated to determine the residues of 
cyhalofop-butyl, cyhalofop (acid form) and the di-acid metabolite in 
rice grain, straw and processed products. The method was based on 
capillary gas chromatography (GC) with mass selective detection. Level 
of detection was 0.005 ppm or 0.006 ppm depending on the analyte and 
matrix. Contact: James Stone, Registration Division (7505P), (703) 305-
7391, e-mail address: stone.james@epa.gov.

Amended Tolerance

    PP 1F7840. (EPA-HQ-OPP-2011-0307). E.I. du Pont de Nemours & 
Company, 1007 Market Street, Wilmington, DE 19898, request to amend 40 
CFR 180.364(a) to establish a tolerance for the combined residues of 
the herbicide glyphosate, N (phosphonomethyl)glycine, and its 
metabolite, N-acetyl-glyphosate (expressed as glyphosate) on canola, 
seed. An analytical method was developed, and validated, for the 
determination of glyphosate and degradate residues in transgenic crop 
and crop fraction matrices. The method was validated at 0.050 
milligrams/kilograms (mg/kg) and 0.50 mg/kg or higher fortification 
level using a LC/MS/MS system operating with an electrospray interface 
(ESI) in positive ion mode detection. An analytical method was 
developed, and validated, for the determination of glyphosate, N-
acetylglyphosate, AMPA, and N-acetyl AMPA in animal matrices including 
milk, eggs, muscle, kidney, liver, and fat. The method was validated at 
the respective LOQ and 10xLOQ level for each matrix using a LC/MS/MS 
system operating with an ESI in positive or negative ion mode 
detection. Contact: Erik Kraft, Registration Division (7505P), (703) 
308-9358, e-mail address: kraft.erik@epa.gov.

New Tolerance Exemptions

    1. PP 0E7814. (EPA-HQ-OPP-2011-0276). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W., 
Princeton, NJ 08540 on behalf of Arkion Life Sciences, 551 Mews Drive, 
Suite J, New Castle, DE 19720, request to establish an exemption from 
the requirement of tolerances for residues of the biochemical pesticide 
9,10 anthraquinone, in or on corn, field, seed; and corn, sweet, seed. 
An analytical method is available. Sample analysis for residues of 
anthraquinone, 1-hydroxyanthraquinone, and 2-hydroxyanthraquinone was 
conducted by Cornell Analytical Laboratories, Geneva, NY. The procedure 
used was ``Residue Analysis of Anthraquinone on Corn (field) including 
Kernels plus Cob with Husks Removed (K+CWHR), Forage, Grain, and Stover 
by LC/MS Detection'', Version 1. Contact: Chris Pfeifer, 
Biopesticides and Pollution Prevention Division (7511P), (703) 308-
0031, e-mail address: pfeifer.chris@epa.gov.
    2. PP 1E7834. (EPA-HQ-OPP-2011-0327). Akzo Nobel Surface Chemistry, 
LLC, 909 Mueller Avenue, Chattanooga, TN 37406, request to establish an 
exemption from the requirement of a tolerance for 2-propenoic acid, 2-
methyl-, phenylmethyl ester, polymer with 2-propenoic acid and sodium 
2-methyl-2-[(1-oxo-2-propen-1-yl)amino]-1-propanesulfonate (1:1), 
peroxydisulfuric acid ([HO)S(O)2]202) sodium salt (1:2)initiated (CAS 
Reg. No. 1246766-57-3) when used as a pesticide inert ingredient as a 
dispersant in pesticide formulations under 40 CFR 180.960 in or on all 
raw agricultural commodities. An analytical method is generally not 
required when all criteria for polymer exemption per 40 CFR 723.250 are 
met. In addition, Akzo Nobel is petitioning for an exemption from the 
requirement of a tolerance without any numerical limitations.

[[Page 22070]]

Contact: Mark Dow, Registration Division (7505P), (703) 305-5533, e-
mail address: dow.mark@epa.gov.
    3. PP 0F7729. (EPA-HQ-OPP-2010-0096). DSM Food Specialties B.V., 
Alexander Fleminglaan 1, 2613 AX Delft, The Netherlands, c/o Keller and 
Heckman, LLP, 1001 G. Street, NW., Washington, DC 20001 request to 
establish an exemption from the requirement of a tolerance for residues 
of the biochemical pesticide natamycin, (6,11,28-
Trioxatricyclo[22.3.1.05,7]octacosa-8,14,16,18,20-pentaene-
25-carboxylic acid, 22-[(3-amino-3,6-dideoxy-[beta]-D-
mannopyranosyl)oxy]-1,3,26-trihydroxy-12-methyl-10oxo-, 
(1R,3S,5R,7R,8E,12R,14E,16E,18E, 20E,22R,24S,25R,26S) (CAS Reg. No. 
7681-93-8), in or on mushrooms. An analytical method is available to 
EPA for the detection and measurement of the pesticide residues. 
Contact: Cheryl Greene, Biopesticides and Pollution Prevention Division 
(7511P), (703) 308-0352, e-mail address: greene.cheryl@epa.gov.

Amended Tolerance Exemption

    PP 1E7830. (EPA-HQ-OPP-2007-0158). Interregional Research Project 
Number 4 (IR-4), Rutgers University, 500 College Road East, Suite 201W, 
Princeton, NJ 08540 on behalf of the Arizona Cotton Research and 
Protection Council, 3721 East Wier Avenue, Phoenix, AZ 85040-2933, 
request to amend 40 CFR 180.1206 to establish a permanent exemption 
from the requirement of a tolerance for Aspergillus flavus AF36 on 
pistachio. The petitioner believes no analytical method is needed 
because an exemption from the requirement of a tolerance for residues 
of the microbial pesticide A. flavus AF36 in/on pistachios, without any 
numerical limitation is being requested for pistachios. Contact: Shanaz 
Bacchus, Biopesticides and Pollution Prevention Division (7511P), (703) 
308-8097, e-mail address: bacchus.shanaz@epa.gov.

List of Subjects

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

    Dated: April 11, 2011.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-9447 Filed 4-19-11; 8:45 am]
BILLING CODE 6560-50-P
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