
[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Proposed Rules]
[Pages 56185-56188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22218]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2013-0023; FRL-9399-7]


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.

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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 October 15, 2013.

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 online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.

Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and 
Pollution Prevention Division (BPPD) (7511P), telephone number: (703) 
305-7090, email address: BPPDFRNotices@epa.gov; or Lois Rossi, 
Registration Division (RD) (7505P), telephone number: (703) 305-7090, 
email address: RDFRNotices@epa.gov. The mailing address for each 
contact person is: Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001. As part of the mailing address, include the contact person's 
name, division, and mail code. The division to contact is listed at the 
end of each pesticide petition summary.

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. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the division

[[Page 56186]]

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 email. 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 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 online 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 Tolerance

    1. PP 2F8015. (EPA-HQ-OPP-2012-0515). Chemtura Corporation, 199 
Benson Road, Middlebury, CT 06749, requests to establish tolerances in 
40 CFR part 180 for residues of the insecticide diflubenzuron, N-[[(4-
chlorophenyl)amino]-carbonyl]-2,6-difluorobenzamide (DFB) and its 
metabolites 4-chlorophenylurea (CPU) and 4-chloroaniline (PCA), in or 
on Fruit, citrus, Group 10-10 at 3.0 parts per million (ppm), and 
citrus, oil at 32.0 ppm. Residues of the individual analytes are 
detectable and quantifiable using three separate analytical methods. 
Residues of diflubenzuron (DFB) were quantitated by liquid 
chromatography/tandem mass spectrometry (LC-MS/MS), and residues of the 
metabolites 4-chlorophenylurea (CPU) and 4-chloroaniline (PCA) were 
derivatized with HFBA and quantitated by GC/MS. (RD)
    2. PP 2F8099. (EPA-HQ-OPP-2012-0941). Valent U.S.A. Corporation, 
1600 Riviera Avenue, Suite 200, Walnut Creek, CA 94596, requests to 
establish tolerances in 40 CFR part 180 for inadvertent residues of the 
fungicide fluopicolide, 2,6-dichloro-N-[3-chloro-5-(trifluoromethyl)-2-
pyridylmethyl]-benzamide, as an indicator of combined residues of 
fluopicolide and its metabolite, 2,6-dichlorobenzamide (BAM), in or on 
corn, field, forage at 0.09 ppm; corn, field, grain, at 0.01 ppm; and 
corn, field, stover at 0.3 ppm, resulting from the proposed use as a 
fungicide. Additional data included in the petition, to assess 
potential dietary exposure from P1x and PCA, show no inadvertent 
residues of P1x or PCA in the corn grain. Practical analytical methods 
for detecting and measuring levels of fluopicolide and its metabolites 
have been developed and validated in/on all appropriate plant and 
animal matrices. An analytical method for detecting fluopicolide and 
BAM in field corn matrices has been submitted with this petition. (RD)
    3. PP 3E8175. (EPA-HQ-OPP-2013-0428). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W., 
Princeton, NJ 08540, supported in this action by Syngenta Crop 
Protection, LLC, P.O. Box 18300, Greensboro, NC 27419-8300, requests to 
establish a tolerance in 40 CFR part 180 for residues of the 
insecticide, avermectin (abamectin) determined by measuring only 
avermectin B1, a mixture of avermectins containing greater 
than or equal to 80% avermectin B1a (5- O -demethyl 
avermectin A1) and less than or equal to 20% avermectin 
B1b (5- O -demethyl-25-de(1-methylpropyl)-25-(1-methylethyl) 
avermectin A1), and its delta-8,9-isomer in or on Caneberry 
subgroup 13-07A at 0.20 ppm. The analytical methods involve 
homogenization, filtration, partition, and cleanup with analysis by 
high performance liquid chromatography (HPLC)-fluorescence detection. 
The methods are sufficiently sensitive to detect residues at or above 
the proposed tolerance. All methods have undergone independent 
laboratory validation. (RD)
    4. PP 3E8183. (EPA-HQ-OPP-2013-0496). Interregional Research 
Project

[[Page 56187]]

Number 4 (IR-4), 500 College Road East, Suite 201 W., Princeton, NJ 
08540, requests to establish a tolerance in 40 CFR part 180 for the 
combined residues of the fungicide, cis- and trans-1,3-dichloropropene, 
including its metabolites and degradates, in or on pineapple at 0.02 
ppm. It is proposed that compliance with the tolerance levels specified 
in Sec.  180.636 is to be determined by measuring cis- and trans-1,3-
dichloropropene and its metabolites cis- and trans-3-chloroacrylic 
acid, and cis-and trans-3-chloroallylalcohol, in or on the commodity. 
The proposed tolerances are to support post plant use in pineapple, 
similar to the established drip irrigation use of 1,3-dichloropropene 
in grapes. Adequate enforcement methodology, using capillary gas 
chromatography with mass selective detection (GC/MS), is available to 
enforce the tolerance expression. Analytical methods determine residues 
of 1,3-dichlorpropene, 3-chloroallyl alcohol, and 3-chloroacrylic acid 
at trace concentrations in samples of pineapple using GC/MS. (RD)
    5. PP 3F8163. (EPA-HQ-OPP-2013-0255). BASF Corporation, 26 Davis 
Drive, Research Triangle Park, NC 27709, requests to establish a 
tolerance in 40 CFR part 180 for residues of the fungicide metrafenone, 
((3-bromo-6-methoxy-2-methylphenyl) (2,3,4-trimethoxy-6-
methylphenyl)methanone), in or on Fruits, pome, group 11-10 at 1.5 ppm. 
The residues of parent metrafenone in/on apple and pear RAC samples 
were quantitated using an LC/MS/MS multi-residue QuEChERS method (BASF 
Study No. 398340). (RD)
    6. PP 3F8184. (EPA-HQ-OPP-2013-0428). Syngenta Crop Protection, 
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish 
tolerances in 40 CFR part 180 for residues of the insecticide, 
avermectin B1 (which is a mixture of a minimum of 80% 
avermectin B1a and a maximum of 20% avermectin 
B1b) and the delta 8,9-isomer of the B1a and of 
the B1b components of the parent insecticide, in or on corn, 
field, sweet and pop at 0.01 ppm; corn, field and pop, forage at 0.2 
ppm; corn, field and pop, grain at 0.01 ppm; corn, field and pop, 
stover at 0.6 ppm; corn, sweet, forage at 0.2 ppm; corn, sweet, kernel 
plus cob with husk removed at 0.01 ppm; corn, sweet, stover at 0.5 ppm; 
soybean at 0.01 ppm; soybean forage at 0.3 ppm; soybean, hay at 1 ppm; 
and soybean, seed at 0.01 ppm. The HPLC-fluorescence detection method 
is used to measure and evaluate the chemical abamectin. (RD)

New Tolerance Exemption

    1. PP 2F8103. (EPA-HQ-OPP-2013-0569). Northwest Agricultural 
Products, 821 South Chestnut Avenue, Pasco, WA 99301, requests to 
establish an exemption from the requirement of a tolerance for residues 
of the herbicide, Pseudomonas fluorescens strain D7, in or on growing 
crops and rangeland. The petitioner believes no analytical method is 
needed because an analytical method for residues is not applicable, as 
Northwest Agricultural Products is proposing an exemption from the 
requirement of a tolerance. (BPPD)
    2. PP 3F8177. (EPA-HQ-OPP-2013-0574). Amy Plato Roberts of 
Technology Science Group, Inc., 712 Fifth St., Suite A, Davis, CA 95616 
on behalf of IAB, S.L. (Investigaciones y Aplicaciones Biotecnologicas 
S.L.), Avda. Paret del Patriarca 11-B, Ap. 30, 46113 Moncada 
(Valencia), Spain, requests to establish an exemption from the 
requirement of a tolerance for residues of the fungicide, Bacillus 
subtilis strain IAB/BS03, in or on all food commodities. The petitioner 
believes no analytical method is needed because it is expected that, 
when used as proposed, Bacillus subtilis strain IAB/BS03, would not 
result in residues that are of toxicological concern. (BPPD)
    3. PP IN-10549. (EPA-HQ-OPP-2013-0601). Ecolab, Inc., EPA Company 
Number 1677, 370 N. Wabasha Street, St. Paul, MN 55102, requests to 
establish an exemption from the requirement of a tolerance for residues 
of 9-octadecenoic acid (9Z)-, sulfonated, oxidized (CAS No. 1315321-93-
7) (when formed using the pre-reaction material 9-octadecenoic acid 
(9Z)- sulfonated, (CAS No. 68988-76-1)); 9-octadecenoic acid (9Z)-, 
sulfonated, oxidized, potassium salts (CAS No. 1315321-94-8) (when 
formed using the pre-reaction material 9-octadecenoic acid (9Z-) 
sulfonated, potassium salt (CAS No. 68609-93-8)); and 9-octadecenoic 
acid (9Z)-, sulfonated, oxidized, sodium salts, (CAS No. 1315321-95-9) 
(when formed using the pre-reaction material 9-octadecenoic acid (9Z)-, 
sulfonated, sodium salt (CAS No. 68443-05-0)) (also referred to as 
peroxy sulfonated oleic acids (PSOA)) for use as an inert ingredient in 
antimicrobial pesticide formulations applied to food-contact surfaces 
in public eating places, dairy processing equipment and food processing 
equipment and utensils in accordance with 40 CFR 180.940(a) at 250 ppm. 
The petitioner believes no analytical method is needed because it is 
not required for the establishment of a tolerance exemption for inert 
ingredients. (RD)
    4. PP IN-10605. (EPA-HQ-OPP-2013-0525). Huntsman Corp., 8600 
Gosling Rd., The Woodlands, TX 77381, requests to establish an 
exemption from the requirement of a tolerance for residues of tall oil, 
polymer with polyethylene glycol and succinic anhydride 
monopolyisobutylene derivs., minimum number average molecular weight 
(in amu), 1,400; (CAS No. 1398573-80-2) under 40 CFR 180.960 when used 
as a pesticide inert ingredient surfactant in food use pesticide 
formulations. The petitioner believes no analytical method is needed 
because this information is not required for the establishment of a 
tolerance exemption. (RD)
    5. PP IN-10606. (EPA-HQ-OPP-2013-0526). Huntsman Corp., 8600 
Gosling Rd., The Woodlands, TX 77381, requests to establish an 
exemption from the requirement of a tolerance for residues of 
octadecanoic acid, 12-hydroxy-, homopolymer, ester with 2-methyloxirane 
polymer with oxirane monobutyl ether, minimum number average molecular 
weight (in amu), 1,900; (CAS No. 1373125-59-7) under 40 CFR 180.960 
when used as a pesticide inert ingredient surfactant in food use 
pesticide formulations. The petitioner believes no analytical method is 
needed because this information is not required for the establishment 
of a tolerance exemption. (RD)
    6. PP IN-10607. (EPA-HQ-OPP-2013-0540). Huntsman Corp., 8600 
Gosling Rd., The Woodlands, TX 77381, requests to establish an 
exemption from the requirement of a tolerance for residues of 2,5-
furandione, polymer with ethenylbenzene, reaction products with 
polyethylene-polypropylene glycol 2-aminopropyl Me ether, minimum 
number average molecular weight (in amu), 10,000 (CAS No.162568-32-3) 
under 40 CFR 180.960 when used as a pesticide inert ingredient 
surfactant in food use pesticide formulations without limit. The 
petitioner believes no analytical method is needed because this 
information is not required for the establishment of a tolerance 
exemption. (RD)

Amended Tolerance

    PP IN-10544. (EPA-HQ-OPP-2013-0210). Spring Trading Company, 10805 
W. Timberwagon Cir., Spring, TX 77380-4030, on behalf of Akzo Nobel 
Surface Chemistry, LLC; 525 West Van Buren, Chicago, IL 60607-3823, is 
requesting a change in the 40 CFR sections under which the requested 
tolerance exemptions would be established from 180.920, 180.930, or 
180.960 to 180.910, 180.930, 180.940(a) or 180.960. Their initial 
Notice of Filing

[[Page 56188]]

(NOF) published in the Federal Register of July 19, 2013 (78 FR 43115) 
(FRL-9392-9), where EPA issued a notice pursuant to section 408 of 
FFDCA, 21 U.S.C. 346a, announcing the filing of a pesticide petition 
(IN-10544). The petitioner is now requesting, pursuant to section 
408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 
346a(d), to amend 40 CFR part 180 to revise the exemption from the 
requirement of tolerances for [alpha]-alkyl-[omega]-hydroxypoly 
(oxypropylene) and/or poly (oxyethylene) polymers where the alkyl chain 
contains a minimum of six carbons under 40 CFR 180.910, 180.930, 
180.940(a), or 180.960 in or on the raw agricultural commodities after 
harvest or growing crops, animals and food contact surface sanitizing 
solutions and [alpha]-alkyl-[omega]-hydroxypoly (oxypropylene) and/or 
poly (oxyethylene) polymers where the alkyl chain contains a minimum of 
six carbons, minimum number average molecular weight (in amu) 1,100 
under 40 CFR 180.960, when used as a pesticide inert ingredient in 
pesticide formulations, to include the following Chemical Abstract 
Service Registry Numbers (CAS Reg. Nos.): 67254-71-1; 161025-22-5; 
68409-59-6; 160901-20-2; 159653-49-3; 160901-19-9; 103331-86-8; 126950-
62-7; 74499-34-6; 161025-21-4; 176022-76-7; 68603-20-3; 68526-95-4; 
64425-86-1; 139626-71-4; 152231-44-2; 120944-68-5; 157707-41-0; 288260-
45-7; 287935-46-0; 126646-02-4; 954108-36-2; 71011-10-4; 121617-09-2; 
69227-20-9; 116810-32-3; 79771-03-2; 67763-08-0; 68439-48-5; 72066-65-
0; 68991-48-0; 303176-75-2; 116810-33-4; 157707-43-2; 68954-94-9; 
160901-09-7; 102782-43-4; 68920-69-4; 154518-36-2; 157627-88-8; 68439-
53-2; 103819-03-0; 70955-07-6; 74432-13-6; 68439-30-5; 9038-29-3; 
68238-81-3; 68409-58-5; 68238-82-4; 37311-00-5; 37311-01-6; 52232-09-4; 
73018-31-2; 9038-43-1; 63303-01-5; 37311-04-9; 65150-81-4; 63658-45-7; 
139381-39-8; 72484-69-6; 59112-62-8; 50861-66-0; 103657-84-7; 103657-
85-8; 67784-96-7; 25190-05-0; 26636-39-5; 64415-24-3; 65104-72-5; 9040-
05-5; 27252-75-1; 64415-25-4; 9035-85-2; 72108-90-8; 25231-21-4; 62648-
50-4; 63793-60-2; 63303-00-4; 57455-38-6; 57497-74-2; 70955-69-0; 
26401-47-8; 39278-93-8; 9004-87-9; 68987-90-6; 26403-74-7; 9046-09-7; 
and 288095-59-0. The petitioner does not expect that the addition of 
these CAS numbers to result in additional exposure or risk. An 
analytical method is not required for enforcement purposes since the 
Agency is establishing an exemption from the requirement of tolerances 
without any numerical limitation. (RD)

List of Subjects

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

    Dated: September 5, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2013-22218 Filed 9-11-13; 8:45 am]
BILLING CODE 6560-50-P


