Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 61647-61649 [2011-25725]
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Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Proposed Rules
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related information.
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Ali Bahrami,
Manager, Transport Airplane Directorate,
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[FR Doc. 2011–25570 Filed 10–4–11; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 174 and 180
jlentini on DSK4TPTVN1PROD with PROPOSALS
[EPA–HQ–OPP–2011–0082; FRL–8890–5]
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
SUMMARY:
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16:10 Oct 04, 2011
Jkt 226001
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 November 4, 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: 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.
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 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
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61647
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 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
E:\FR\FM\05OCP1.SGM
05OCP1
61648
Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Proposed Rules
jlentini on DSK4TPTVN1PROD with PROPOSALS
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
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16:10 Oct 04, 2011
Jkt 226001
location, cultural practices, or other
factors, may have atypical or
disproportionately high and adverse
human health impacts or environmental
effects from exposure to the pesticides
discussed in this document, compared
to the general population.
II. What action is the Agency taking?
EPA is announcing its receipt of
several pesticide petitions filed under
section 408 of the Federal Food, Drug,
and Cosmetic Act (FFDCA), 21 U.S.C.
346a, requesting the establishment or
modification of regulations in 40 CFR
part 174 or part 180 for residues of
pesticide chemicals in or on various
food commodities. The Agency is taking
public comment on the requests before
responding to the petitioners. EPA is not
proposing any particular action at this
time. EPA has determined that the
pesticide petitions described in this
document contain the data or
information prescribed in FFDCA
section 408(d)(2); however, EPA has not
fully evaluated the sufficiency of the
submitted data at this time or whether
the data support granting of the
pesticide petitions. After considering
the public comments, EPA intends to
evaluate whether and what action may
be warranted. Additional data may be
needed before EPA can make a final
determination on these pesticide
petitions.
Pursuant to 40 CFR 180.7(f), a
summary of each of the petitions that
are the subject of this document,
prepared by the petitioner, is included
in a docket EPA has created for each
rulemaking. The docket for each of the
petitions is available on-line at 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 1E7890. (EPA–HQ–OPP–2011–
0758). Interregional Research Project
Number 4 (IR–4), Rutgers, The State
University of New Jersey, 500 College
Road East, Suite 201–W., Princeton, NJ
08540, requests to establish tolerances
in 40 CFR part 180 for residues of the
herbicide sulfentrazone (N-[2,4dichloro-5-[4-(difluoromethyl)-4,5dihydro-3-methyl-5-oxo-1H-1,2,4triazol-1-yl]phenyl]methanesulfonamide) and its
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metabolites 3-hydroxymethylsulfentrazone (N-[2,4-dichloro-5-[4(difluoromethyl)-4,5-dihydro-3hydroxymethyl-5-oxo-1H-1,2,4-triazol-1yl]phenyl]methanesulfonamide) and 3desmethyl sulfentrazone (N-[2,4dichloro-5-[4-(difluoromethyl)-4,5dihydro-5-oxo-1H-1,2,4-triazol-1yl]phenyl]methanesulfonamide), in or
on rhubarb at 0.2 parts per million
(ppm); turnip, roots at 0.2 ppm; turnip,
tops at 0.7 ppm; and sunflower
subgroup 20B at 0.2 ppm; ‘‘Tolerances
with regional registrations’’ in or on
wheat, forage at 0.45 ppm (Pacific
Northwest only); wheat, hay at 0.20
ppm (Pacific Northwest only); wheat,
grain at 0.20 ppm (Pacific Northwest
only); wheat, straw at 1.4 ppm (Pacific
Northwest only); and cowpea, succulent
at 0.15 ppm (Tennessee only). There is
a practical analytical method for
detecting and measuring levels of
sulfentrazone and its metabolites in or
on food with a limit of quantitation that
allows monitoring of food with residues
at or above the levels set or proposed in
the tolerances. The analytical
enforcement method for sulfentrazone
was used with minor modification that
eliminated several clean-up and
derivatization steps that was required
for gas chromatography with mass
selective detection (GC/MSD) but not for
liquid chromatography with tandem
mass spectrometric detection (LC/MS/
MS). The analytical method for
sulfentrazone involves separate analyses
for parent and its metabolites. The
parent is analyzed by evaporation and
reconstitution of the sample prior to
analysis by LC/MS/MS GC/electron
capture detector (ECD). The metabolites
samples were refluxed in the presence
of acid and cleaned up with solid phase
extraction prior to analysis by LC/MS/
MS. Contact: Laura Nollen, (703) 305–
7390, e-mail address:
nollen.laura@epa.gov.
2. PP 1F7872. (EPA–HQ–OPP–2011–
0743). Agriphar S.A., c/o Ceres
International, LLC., 1087 Heartsease
Drive, West Chester, PA 19382, requests
to establish tolerances in 40 CFR part
180 for residues of the fungicide dodine
(dodecylguanidine acetate), in or on
stone fruits (Group 12) at 5 parts per
million (ppm); tree nuts (Group 14,
except almond hulls) at 0.3 ppm; and
almond hulls at 12 ppm. An adequate
enforcement method using GC/mass
spectrometry detection (MSD), Method
45137, is available for determining
dodine residues in or on plant
commodities. Concerning tree crops, a
method using LC/MS/MS;
METH1595.02, after the samples were
extracted with methanol, was
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jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Proposed Rules
submitted. Adequate data collection
method validation, independent
laboratory validation (ILV), and radiovalidation data for the method has been
submitted. Since there is no reasonable
expectation of finding residues of
dodine in livestock or poultry, no
analytical method for animal tissues is
required. Contact: Tamue L. Gibson,
(703) 305–9096, e-mail address:
gibson.tamue@epa.gov.
3. PP 1F7887. (EPA–HQ–OPP–2011–
0741). Cytec Industries, Inc., 5 Garret
Mountain Plaza, Woodland Park, NJ
07424, requests to establish tolerances
in 40 CFR part 180 for residues of
phosphine, in or on asparagus;
cherimoya; dates, fresh; figs, fresh; globe
artichokes; pawpaws; pineapple, water
chestnuts and watercress, and for all
fresh fruit and vegetable crop groups
(including berry and small fruit; citrus
fruit; pome fruit; stone fruit; herbs and
spices; Brassica leafy vegetables; leafy
vegetables; bulb vegetables; cucurbits;
fruiting vegetables except cucurbits;
legume vegetables, except soybeans;
foliage of legume vegetables; root and
tuber group; and root and tuber leaves
group) at 0.01 ppm. The PAM Vol. II
lists, under aluminum phosphide, a
colorimetric method level of detection
(LOD = 0.01) and a gas liquid
chromatography (GLC) method with a
flame photometric detection (LOD =
0.001 ppm) as Method A and B,
respectively, for the enforcement of
tolerances. The residue of concern is
phosphine. It is noted that Method A,
remains a lettered method because of
variable recoveries observed in an
Agency method try-out. However, the
method has been determined to be
acceptable for enforcement because
phosphine is highly reactive, and finite
residues are not expected. Data
submitted in support of the established
tolerances were collected by one of
these two methods. Because phosphine
is an inorganic compound, recovery of
residues using FDA Multiresidue
Protocols is not expected, and the
requirement for such data has been
waived by the Agency. Contact: Gene
Benbow, (703) 347–0235, e-mail
address: benbow.gene@epa.gov.
4. PP 1F7897. (EPA–HQ–OPP–2009–
0677). Arysta LifeScience, North
America, LLC., 15401 Weston Parkway,
Suite 150, Cary, NC 27513, requests to
establish a tolerance in 40 CFR part 180
for residues of the fungicide
fluoxastrobin, (1E)-[2-[[6-(2chlorophenoxy)-5-fluoro-4pyrimydinyl]oxy]phenyl] (5,6-dihydro1,4,2-dioxazin-3-yl)methanone Omethyloxime, and its Z-isomer, (1Z)-[2[[6-(2-chlorophenoxy)-5-fluoro-4pyrimydinyl]oxy]phenyl] (5,6-dihydro-
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Jkt 226001
1,4,2-dioxazin-3-yl)methanone Omethyloxime, in or on rice, grain at 6.0
ppm. Adequate analytical methodology
is available for enforcement purposes.
The method comprises microwave
solvent extraction followed by a solid
phase extraction clean-up and
quantification by high performance
liquid chromatography with tandem
mass spectrometric detection (HPLC/
MS/MS). The individual detector
responses for measured E- and Zisomers is summed to give total residue.
Contact: Heather A. Garvie, (703) 308–
0034, e-mail address:
garvie.heather@epa.gov.
Amended Tolerance
PP 1E7890. (EPA–HQ–OPP–2011–
0758). Interregional Research Project
Number 4 (IR–4), Rutgers, The State
University of New Jersey, 500 College
Road East, Suite 201–W., Princeton, NJ
08540, requests to amend the current
tolerances in 40 CFR 180.498 for
residues of the herbicide sulfentrazone
(N-[2,4-dichloro-5-[4-(difluoromethyl)4,5-dihydro-3-methyl-5-oxo-1H-1,2,4triazol-1-yl]phenyl]methanesulfonamide) and its
metabolites 3-hydroxymethylsulfentrazone (N-[2,4-dichloro-5-[4(difluoromethyl)-4,5-dihydro-3hydroxymethyl-5-oxo-1H-1,2,4-triazol-1yl]phenyl]methanesulfonamide) and 3desmethyl sulfentrazone (N-[2,4dichloro-5-[4-(difluoromethyl)-4,5dihydro-5-oxo-1H-1,2,4-triazol-1yl]phenyl]methanesulfonamide), in or
on bean, lima, succulent at 0.15 ppm by
removing the tolerance from the table in
Section (a)(2) and adding the tolerance
to Section (c) Tolerances with regional
registrations. Upon approval of the
aforementioned tolerance under ‘‘New
Tolerances’’, the petition additionally
proposes to remove the established
tolerance in or on the raw agricultural
commodity sunflower, seed at 0.2 ppm.
Contact: Laura Nollen, (703) 305–7390,
e-mail address: nollen.laura@epa.gov.
New Tolerance Exemptions
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Dow, (703) 305–5533, e-mail address:
dow.mark@epa.gov.
2. PP 1E7909. (EPA–HQ–OPP–2011–
0732). Momentive Performance
Materials, 22 Corporate Woods Blvd.,
Albany, NY 12211, requests to establish
an exemption from the requirement of a
tolerance for residues of 2-Propenoic
acid, 2-methyl-, polymer with butyl 2propenoate and ethenylbenzene (CAS
No. 25036–16–2) under 40 CFR 180.960
when used as a pesticide inert
ingredient as a sticker in pesticide
formulations without limitation. The
petitioner believes no analytical method
is needed because this information is
not required for the establishment of a
tolerance exemption. Contact: Elizabeth
Fertich, (703) 347–8560, e-mail address:
fertich.elizabeth@epa.gov.
List of Subjects
Environmental protection,
Agricultural commodities, Feed
additives, Food additives, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: September 28, 2011.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office
of Pesticide Programs.
[FR Doc. 2011–25725 Filed 10–4–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2011–0002; Internal
Agency Docket No. FEMA–B–1221]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
AGENCY:
Comments are requested on
the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed
BFE modifications for the communities
listed in the table below. The purpose
of this proposed rule is to seek general
information and comment regarding the
proposed regulatory flood elevations for
the reach described by the downstream
and upstream locations in the table
below. The BFEs and modified BFEs are
a part of the floodplain management
measures that the community is
required either to adopt or to show
evidence of having in effect in order to
qualify or remain qualified for
SUMMARY:
1. PP 1E7903. (EPA–HQ–OPP–2011–
0736). ISK Biosciences Corporation,
7470 Auburn Road, Suite A, Concord,
OH 44077, requests to establish an
exemption from the requirement of a
tolerance for residues of D-mannose
(CAS No. 3458–28–4) under 40 CFR
180.920 when used as an inert
ingredient (sequestrant) in pesticide
formulations applied pre-harvest to all
raw agricultural commodities. The
petitioner believes no analytical method
is needed because this information is
not required for the establishment of a
tolerance exemption. Contact: Mark
61649
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Agencies
[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Proposed Rules]
[Pages 61647-61649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25725]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 174 and 180
[EPA-HQ-OPP-2011-0082; FRL-8890-5]
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 November 4, 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: 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.
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 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 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
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
[[Page 61648]]
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
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 1E7890. (EPA-HQ-OPP-2011-0758). Interregional Research
Project Number 4 (IR-4), Rutgers, The State University of New Jersey,
500 College Road East, Suite 201-W., Princeton, NJ 08540, requests to
establish tolerances in 40 CFR part 180 for residues of the herbicide
sulfentrazone (N-[2,4-dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-
methyl-5-oxo-1H-1,2,4-triazol-1-yl]phenyl]-methanesulfonamide) and its
metabolites 3-hydroxymethyl-sulfentrazone (N-[2,4-dichloro-5-[4-
(difluoromethyl)-4,5-dihydro-3-hydroxymethyl-5-oxo-1H-1,2,4-triazol-1-
yl]phenyl]methanesulfonamide) and 3-desmethyl sulfentrazone (N-[2,4-
dichloro-5-[4-(difluoromethyl)-4,5-dihydro-5-oxo-1H-1,2,4-triazol-1-
yl]phenyl]methanesulfonamide), in or on rhubarb at 0.2 parts per
million (ppm); turnip, roots at 0.2 ppm; turnip, tops at 0.7 ppm; and
sunflower subgroup 20B at 0.2 ppm; ``Tolerances with regional
registrations'' in or on wheat, forage at 0.45 ppm (Pacific Northwest
only); wheat, hay at 0.20 ppm (Pacific Northwest only); wheat, grain at
0.20 ppm (Pacific Northwest only); wheat, straw at 1.4 ppm (Pacific
Northwest only); and cowpea, succulent at 0.15 ppm (Tennessee only).
There is a practical analytical method for detecting and measuring
levels of sulfentrazone and its metabolites in or on food with a limit
of quantitation that allows monitoring of food with residues at or
above the levels set or proposed in the tolerances. The analytical
enforcement method for sulfentrazone was used with minor modification
that eliminated several clean-up and derivatization steps that was
required for gas chromatography with mass selective detection (GC/MSD)
but not for liquid chromatography with tandem mass spectrometric
detection (LC/MS/MS). The analytical method for sulfentrazone involves
separate analyses for parent and its metabolites. The parent is
analyzed by evaporation and reconstitution of the sample prior to
analysis by LC/MS/MS GC/electron capture detector (ECD). The
metabolites samples were refluxed in the presence of acid and cleaned
up with solid phase extraction prior to analysis by LC/MS/MS. Contact:
Laura Nollen, (703) 305-7390, e-mail address: nollen.laura@epa.gov.
2. PP 1F7872. (EPA-HQ-OPP-2011-0743). Agriphar S.A., c/o Ceres
International, LLC., 1087 Heartsease Drive, West Chester, PA 19382,
requests to establish tolerances in 40 CFR part 180 for residues of the
fungicide dodine (dodecylguanidine acetate), in or on stone fruits
(Group 12) at 5 parts per million (ppm); tree nuts (Group 14, except
almond hulls) at 0.3 ppm; and almond hulls at 12 ppm. An adequate
enforcement method using GC/mass spectrometry detection (MSD), Method
45137, is available for determining dodine residues in or on plant
commodities. Concerning tree crops, a method using LC/MS/MS;
METH1595.02, after the samples were extracted with methanol, was
[[Page 61649]]
submitted. Adequate data collection method validation, independent
laboratory validation (ILV), and radio-validation data for the method
has been submitted. Since there is no reasonable expectation of finding
residues of dodine in livestock or poultry, no analytical method for
animal tissues is required. Contact: Tamue L. Gibson, (703) 305-9096,
e-mail address: gibson.tamue@epa.gov.
3. PP 1F7887. (EPA-HQ-OPP-2011-0741). Cytec Industries, Inc., 5
Garret Mountain Plaza, Woodland Park, NJ 07424, requests to establish
tolerances in 40 CFR part 180 for residues of phosphine, in or on
asparagus; cherimoya; dates, fresh; figs, fresh; globe artichokes;
pawpaws; pineapple, water chestnuts and watercress, and for all fresh
fruit and vegetable crop groups (including berry and small fruit;
citrus fruit; pome fruit; stone fruit; herbs and spices; Brassica leafy
vegetables; leafy vegetables; bulb vegetables; cucurbits; fruiting
vegetables except cucurbits; legume vegetables, except soybeans;
foliage of legume vegetables; root and tuber group; and root and tuber
leaves group) at 0.01 ppm. The PAM Vol. II lists, under aluminum
phosphide, a colorimetric method level of detection (LOD = 0.01) and a
gas liquid chromatography (GLC) method with a flame photometric
detection (LOD = 0.001 ppm) as Method A and B, respectively, for the
enforcement of tolerances. The residue of concern is phosphine. It is
noted that Method A, remains a lettered method because of variable
recoveries observed in an Agency method try-out. However, the method
has been determined to be acceptable for enforcement because phosphine
is highly reactive, and finite residues are not expected. Data
submitted in support of the established tolerances were collected by
one of these two methods. Because phosphine is an inorganic compound,
recovery of residues using FDA Multiresidue Protocols is not expected,
and the requirement for such data has been waived by the Agency.
Contact: Gene Benbow, (703) 347-0235, e-mail address:
benbow.gene@epa.gov.
4. PP 1F7897. (EPA-HQ-OPP-2009-0677). Arysta LifeScience, North
America, LLC., 15401 Weston Parkway, Suite 150, Cary, NC 27513,
requests to establish a tolerance in 40 CFR part 180 for residues of
the fungicide fluoxastrobin, (1E)-[2-[[6-(2-chlorophenoxy)-5-fluoro-4-
pyrimydinyl]oxy]phenyl] (5,6-dihydro-1,4,2-dioxazin-3-yl)methanone O-
methyloxime, and its Z-isomer, (1Z)-[2-[[6-(2-chlorophenoxy)-5-fluoro-
4-pyrimydinyl]oxy]phenyl] (5,6-dihydro-1,4,2-dioxazin-3-yl)methanone O-
methyloxime, in or on rice, grain at 6.0 ppm. Adequate analytical
methodology is available for enforcement purposes. The method comprises
microwave solvent extraction followed by a solid phase extraction
clean-up and quantification by high performance liquid chromatography
with tandem mass spectrometric detection (HPLC/MS/MS). The individual
detector responses for measured E- and Z-isomers is summed to give
total residue. Contact: Heather A. Garvie, (703) 308-0034, e-mail
address: garvie.heather@epa.gov.
Amended Tolerance
PP 1E7890. (EPA-HQ-OPP-2011-0758). Interregional Research Project
Number 4 (IR-4), Rutgers, The State University of New Jersey, 500
College Road East, Suite 201-W., Princeton, NJ 08540, requests to amend
the current tolerances in 40 CFR 180.498 for residues of the herbicide
sulfentrazone (N-[2,4-dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-
methyl-5-oxo-1H-1,2,4-triazol-1-yl]phenyl]-methanesulfonamide) and its
metabolites 3-hydroxymethyl-sulfentrazone (N-[2,4-dichloro-5-[4-
(difluoromethyl)-4,5-dihydro-3-hydroxymethyl-5-oxo-1H-1,2,4-triazol-1-
yl]phenyl]methanesulfonamide) and 3-desmethyl sulfentrazone (N-[2,4-
dichloro-5-[4-(difluoromethyl)-4,5-dihydro-5-oxo-1H-1,2,4-triazol-1-
yl]phenyl]methanesulfonamide), in or on bean, lima, succulent at 0.15
ppm by removing the tolerance from the table in Section (a)(2) and
adding the tolerance to Section (c) Tolerances with regional
registrations. Upon approval of the aforementioned tolerance under
``New Tolerances'', the petition additionally proposes to remove the
established tolerance in or on the raw agricultural commodity
sunflower, seed at 0.2 ppm. Contact: Laura Nollen, (703) 305-7390, e-
mail address: nollen.laura@epa.gov.
New Tolerance Exemptions
1. PP 1E7903. (EPA-HQ-OPP-2011-0736). ISK Biosciences Corporation,
7470 Auburn Road, Suite A, Concord, OH 44077, requests to establish an
exemption from the requirement of a tolerance for residues of D-mannose
(CAS No. 3458-28-4) under 40 CFR 180.920 when used as an inert
ingredient (sequestrant) in pesticide formulations applied pre-harvest
to all raw agricultural commodities. The petitioner believes no
analytical method is needed because this information is not required
for the establishment of a tolerance exemption. Contact: Mark Dow,
(703) 305-5533, e-mail address: dow.mark@epa.gov.
2. PP 1E7909. (EPA-HQ-OPP-2011-0732). Momentive Performance
Materials, 22 Corporate Woods Blvd., Albany, NY 12211, requests to
establish an exemption from the requirement of a tolerance for residues
of 2-Propenoic acid, 2-methyl-, polymer with butyl 2-propenoate and
ethenylbenzene (CAS No. 25036-16-2) under 40 CFR 180.960 when used as a
pesticide inert ingredient as a sticker in pesticide formulations
without limitation. The petitioner believes no analytical method is
needed because this information is not required for the establishment
of a tolerance exemption. Contact: Elizabeth Fertich, (703) 347-8560,
e-mail address: fertich.elizabeth@epa.gov.
List of Subjects
Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.
Dated: September 28, 2011.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-25725 Filed 10-4-11; 8:45 am]
BILLING CODE 6560-50-P