
[Federal Register: March 24, 2010 (Volume 75, Number 56)]
[Notices]               
[Page 14154-14157]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr10-52]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0012; FRL-8815-6]

 
Notice of Receipt of Several Pesticide Petitions Filed for 
Residues of Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the Agency's receipt of several initial 
filings of pesticide petitions proposing the establishment or 
modification of regulations for residues of pesticide chemicals in or 
on various commodities.

DATES: Comments must be received on or before April 23, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition number (PP) of interest as shown 
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to the docket ID number and the 
pesticide petition number of interest as shown in the body of this 
document. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of 
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: A contact person, with telephone 
number and e-mail address, is listed at the end of each pesticide 
petition summary. You may also reach each contact person by mail at 
Registration Division (7505P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed at the end of the pesticide petition 
summary of interest.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the

[[Page 14155]]

disk or CD-ROM as CBI and then identify electronically within the disk 
or CD-ROM the specific information that is claimed as CBI. In addition 
to one complete version of the comment that includes information 
claimed as CBI, a copy of the comment that does not contain the 
information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low-income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have a typical or disproportionately high and adverse 
human health impacts or environmental effects from exposure to the 
pesticides discussed in this document, compared to the general 
population.

II. What Action is the Agency Taking?

    EPA is announcing its receipt of several pesticide petitions filed 
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a, proposing the establishment or modification of 
regulations in 40 CFR part 174 or part 180 for residues of pesticide 
chemicals in or on various food commodities. EPA has determined that 
the pesticide petitions described in this notice contain the data or 
information prescribed in FFDCA section 408(d)(2); however, EPA has not 
fully evaluated the sufficiency of the submitted data at this time or 
whether the data support granting of the pesticide petitions. 
Additional data may be needed before EPA can make a final determination 
on these pesticide petitions.
     Pursuant to 40 CFR 180.7(f), a summary of each of the petitions 
that are the subject of this notice, prepared by the petitioner, is 
included in a docket EPA has created for each rulemaking. The docket 
for each of the petitions is available on-line at http://
www.regulations.gov.
    As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)), 
EPA is publishing notice of the petition so that the public has an 
opportunity to comment on this request for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petition may be obtained 
through the petition summary referenced in this unit.

New Tolerances

    1. PP 0E7684. (EPA-HQ-OPP-2009-0682). The Interregional Research 
Project No. 4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ 
08540, proposes to establish tolerances in 40 CFR part 180 for residues 
of the insecticide spiromesifen, 2-oxo-3-(2,4,6-trimethylphenyl)-1-
oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutanoate, and its enol 
metabolite; 4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-
en-2-one calculated as parent compound equivalents, in or on pea, dry, 
seed at 0.15 parts per million (ppm); spearmint, tops at 25 ppm; and 
peppermint, tops at 25 ppm. Adequate analytical methodology using 
liquid chromatography/mass spectrometry/mass spectrometry (LC/MS/MS) 
detection is available for enforcement purposes. Contact: Andrew 
Ertman, (703) 308-9367; e-mail address: ertman.andrew@epa.gov.
    2. PP 9E7564. (EPA-HQ-OPP-2010-0136). Bayer CropScience, 2 T.W. 
Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709, 
proposes to establish tolerances in 40 CFR part 180 for residues of the 
fungicide spiroxamine, (8-(1,1-dimethylethyl)-N-ethyl-N-propyl-1,4-
dioxaspiro[4,5]decane-2-methanamine) and its metabolites containing the 
N-ethyl-N-propyl-1,2-dihydroxy-3-aminopropane moiety, calculated as 
parent equivalent, in or on artichoke at 0.7 ppm; asparagus at 0.05 
ppm; and vegetable, fruiting, group 8 at 1.2 ppm. Analytical methods to 
determine the total residues of spiroxamine (sum of spiroxamine and all 
metabolites containing the aminodiol moiety [N-ethyl-N-propyl-1,2-
dihydroxy-3-aminopropane]) using gas chromatography (GC) have been 
submitted to the EPA. In addition, a new validated method employing 
high performance liquid chromatography/MS/MS (HPLC-MS/MS) with a limit 
of quantitation (LOQ) of 0.05 ppm for total residues of spiroxamine is 
being submitted. The extraction and hydrolysis procedures of the two 
methods are, and the LC/MS/MS substitutes a cation exchange cartridge 
cleanup, compared to the liquid/liquid partition, 
polystyrenedivinylbenzene column cleanup and trimethylsilylation 
derivatization. Contact: Tamue Gibson, (703) 305-0096; e-mail address: 
gibson.tamue@epa.gov.
     3. PP 9F7602. (EPA-HQ-OPP-2009-0682). Bayer CropScience, 2 T.W. 
Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709, 
proposes to establish a tolerance in 40 CFR part 180 for residues of 
the insecticide spiromesifen, (2-oxo-3-(2,4,6-trimethylphenyl)-1-
oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutanoate) and its enol 
metabolite; (4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-
en-2-one), calculated as the parent compound equivalents, in or on 
vegetable, leafy petiole, crop subgroup 4B at 6.0 ppm. Adequate 
analytical methodology using LC/MS/MS detection is available for 
enforcement purposes. Contact: Jennifer Gaines, (703) 305-5967; e-mail 
address: gaines.jennifer@epa.gov.
     4. PP 9F7644. (EPA-HQ-OPP-2009-0988). Monsanto Company, 1300 I 
St., NW., Suite 450 East, Washington, DC 20052, proposes to establish a 
tolerance in 40 CFR part 180 for residues of the herbicide glyphosate, 
N-(phosphonomethyl) glycine, in or on corn, sweet, forage at 9 ppm. 
Adequate enforcement methods are available for analysis of residues of 
glyphosate and its metabolite AMPA in or on plant and livestock 
commodities. These methods include: Gas liquid chromatography (GLC) -- 
Method I in PAM II, 0.05 ppm LOD; HPLC with fluorometric detection, 
0.0005 ppm LOD; and GC/MS in crops validated by EPA's Analytical 
Chemistry Laboratory (ACL). Thus, adequate analytical methods are

[[Page 14156]]

available for residue data collection and enforcement of the proposed 
tolerances for glyphosate. Contact: Erik Kraft, (703) 308-9358; e-mail 
address: kraft.erik@epa.gov.
     5. PP 9F7657. (EPA-HQ-OPP-2010-0041). Syngenta Crop Protection, 
Inc., P.O. Box 18300, Greensboro, NC 27419, proposes to establish 
tolerances in 40 CFR part 180 for residues of the insecticide 
thiamethoxam, 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 peanut at 
0.05 ppm and peanut, hay at 0.25 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 ultra-violet (UV) or 
MS detections. The limit of detection (LOD) for each analyte of this 
method is 1.25 nanogram (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 other substrates. Contact: Julie Chao, (703) 308-8735; e-mail 
address: chao.julie@epa.gov.
    6. PP 9F7673. (EPA-HQ-OPP-2010-0051). Veto-Pharma SA, c/o Arysta 
LifeScience America, 1450 Broadway, 7th Floor, New York, NY 10018, 
proposes to establish a tolerance in 40 CFR part 180 for residues of 
the insecticide amitraz, in or on honey at 1 ppm. There are two 
adequate methods listed in FDA's Pesticide Analytical Manual (PAM Vol. 
II) for purposes of data collection and enforcement of tolerances for 
residues of amitraz and its metabolites containing the 2,4-DMA moiety. 
Methods I (designed for animal tissues and milk) and II (designed for 
plant commodities) are both gas liquid chromatography (GLC) methods 
with electron capture detection (ECD), and convert residues of amitraz 
to 2,4-DMA by acid and base hydrolysis, respectively. The LOD are 0.01 
ppm for milk and 0.05 ppm for plant and other animal commodities. 
Amitraz, and its metabolites containing the 2,4-DMA moiety have been 
tested using the Food and Drug Administration's (FDA's) Multi-residue 
Method Protocol D; the metabolite BTS-27919 was the only compound which 
could be analyzed by this protocol. Contact: Julie Chao, (703) 308-
8735; e-mail address: chao.julie@epa.gov.

Amended Tolerance

     PP 9F7644. (EPA-HQ-OPP-2009-0988). Monsanto Company, 1300 I St., 
NW., Suite 450 East, Washington, DC 20052, proposes to amend the 
tolerances in 40 CFR 180.364 for residues of the herbicide glyphosate, 
N-(phosphonomethyl) glycine, in or on corn, sweet, kernels plus cob 
with husk be removed at 3 ppm; and correction of the glyphosate 
tolerance in the commodity poultry, meat from 4 ppm to 0.1 ppm. 
Adequate enforcement methods are available for analysis of residues of 
glyphosate and its metabolite AMPA in or on plant and livestock 
commodities. These methods include: GLC - Method I in PAM II, 0.05 ppm 
LOD; HPLC with fluorometric detection, 0.0005 ppm LOD; and GC/MS in 
crops validated by EPA's Analytical Chemistry Laboratory (ACL). Thus, 
adequate analytical methods are available for residue data collection 
and enforcement of the proposed tolerances for glyphosate. Contact: 
Erik Kraft, (703) 308-9358; e-mail address: kraft.erik@epa.gov.

New Tolerance Exemptions

    1. PP 9E7621. (EPA-HQ-OPP-2010-0138). Lamberti USA Inc., 161 
Washington St., Conshohocken, PA 19428, proposes to establish an 
exemption from the requirement of a tolerance in 40 CFR 180.910 for 
residues of alkyl polyglucoside esters (AGEs) group, formed by D-
Glucopyranose, oligomeric, 6-(dihydrogen 2-hydroxy-1,2,3-
propanetricarboxylate), 1-(C8-C20 linear and 
branched alkyl) ethers, sodium salts (CAS No. 1079993-97-7); D-
Glucopyranose, oligomeric, 6-(hydrogen sulfobutanedioate), 1-
(C8-C20 linear and branched alkyl) ethers, sodium 
salts (CAS No. 1079993-92-2); D-Glucopyranose, oligomeric, Propanoic 
acid, 2-hydroxy-, 1-(C8-C20 linear and branched 
alkyl) ethers (CAS No. 1079993-94-4); and in 40 CFR 180.920 for 
residues of alkyl polyglucoside esters (AGEs) group, formed by D-
Glucopyranose, oligomeric, 6-(dihydrogen 2-hydroxy-1,2,3-
propanetricarboxylate), 1-(C8-C20 linear and 
branched alkyl) ethers, sodium salts (CAS No. 1079993-97-7); D-
Glucopyranose, oligomeric, 6-(hydrogen sulfobutanedioate), 1-
(C8-C20 linear and branched alkyl) ethers, sodium 
salts (CAS No. 1079993-92-2); D-Glucopyranose, oligomeric, Propanoic 
acid, 2-hydroxy-, 1-(C8-C20 linear and branched 
alkyl) ethers (CAS No. 1079993-94-4) in or on all raw agricultural 
commodities when used as a pesticide inert ingredient in pesticide 
formulations. The petitioner believes no analytical method is needed 
because requirements for an analytical method are not applicable to a 
request to establish an exemption from the requirement of a tolerance. 
Contact: Lisa Austin, (703) 305-7894; e-mail address: 
austin.lisa@epa.gov.
     2. PP 9E7671. (EPA-HQ-OPP-2010-0181). AMVAC Chemical Corporation, 
4695 MacArthur Court, Suite 1250, Newport Beach, CA 90660, proposes to 
establish an exemption from the requirement of a tolerance for residues 
of n-Octyl Alcohol (CAS No. 111-87-5) and n-Decyl Alcohol (CAS No. 112-
30-1) in or on potatoes when used as a pesticide inert ingredient in 
pesticide formulations applied to raw agricultural commodities after 
harvest. The petitioner believes no analytical method is needed because 
requirements for an analytical method are not applicable to a request 
to establish an exemption from the requirement of a tolerance. Contact: 
Alganesh Debesai, (703) 308-8353; e-mail address: 
debesai.alganesh@epa.gov.

Amended Tolerance Exemption

     PP 0E7683. (EPA-HQ-OPP-2009-0130). Joint Inerts Task Force, 
Cluster Support Team 15, EPA Company No. 84947, c/o CropLife America, 
1156 15th St., Suite 400, Washington, DC 20005, proposes to amend an 
exemption from the requirement of a tolerance in 40 CFR 180.920 for 
residues of N,N,N',N,''-Tetrakis-(2-hydroxypropyl) ethylenediamine 
(NTHE) (CAS No. 102-60-3) to include the exemption from the requirement 
of a tolerance for 40 CFR 180.910 and 40 CFR 180.930 when used as a 
pesticide inert ingredient in pesticide formulations, including: 
N,N,N',N,''-Tetrakis-(2-hydroxypropyl) ethylenediamine N,N,N',N,''-
Tetrakis-(2-hydroxypropyl) ethylenediamine with a maximum concentration 
of 20% by weight in pesticide formulations. The petitioner believes no 
analytical method is needed because requirements for an analytical 
method are not applicable to a request to establish an exemption from 
the requirement of a tolerance. Contact: Lisa Austin, (703) 305-7894; 
e-mail address: austin.lisa@epa.gov.

List of Subjects

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


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    Dated: March 11, 2010.
 Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 2010-6344 Filed 3-23-10; 8:45 am]
BILLING CODE 6560-50-S

