[Federal Register Volume 67, Number 57 (Monday, March 25, 2002)]
[Notices]
[Pages 13628-13630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7101]


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ENVIRONMENTAL PROTECTION AGENCY

[PF-1076; FRL-6827-8]


Notice of Filing a Pesticide Petition to Amend An Existing 
Tolerance for a Certain Microbial Pesticide Chemical in or on Food

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the amendment of a pesticide petition 
proposing the revision of regulations for residues of a certain 
pesticide chemical in or on various food commodities.

DATES: Comments, identified by docket control number PF-1076, must be 
received on or before April 24, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I.C. of the SUPPLEMENTARY INFORMATION. To ensure

[[Page 13629]]

proper receipt by EPA, it is imperative that you identify docket 
control number PF-1076 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: By mail: Shanaz Bacchus,Biopesticides 
and Pollution Prevention Division (7511C), Office of Pesticide 
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 308-8097; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you are an agricultural 
producer, food manufacturer or pesticide manufacturer. Potentially 
affected categories and entities may include, but are not limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112                 Animal production
                                  311                 Food manufacturing
                                  32532               Pesticide
                                                       manufacturing
------------------------------------------------------------------------

    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 the table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether or not this action might apply to certain entities. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number PF-1076. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number PF-1076 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by docket control number PF-1076. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI That I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any 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 version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person identified under FOR FURTHER INFORMATION 
CONTACT.

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

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that youprovide.
    5. Provide specific examples to illustrate your concerns.
    6. Make sure to submit your comments by the deadline in this 
notice.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. What Action is the Agency Taking?

    EPA has received an amended pesticide petition as follows proposing 
the establishment and/or amendment of regulations for residues of a 
certain pesticide microbial in or on various food commodities under 
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
U.S.C. 346a. EPA has determined that this petition contains

[[Page 13630]]

data or information regarding the elements set forth in 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 
petition. Additional data may be needed before EPA rules on the 
petition.

List of Subjects

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

    Dated:March 14, 2002.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.

Summary of Petition

    The petitioner summary of the pesticide petition is printed below 
as required by section 408(d)(3) of the FFDCA. The summary of the 
petition was prepared by the petitioner and represents the view of the 
petitioner. The petition summary announces the availability of a 
description of the analytical methods available to EPA for the 
detection and measurement of the pesticide chemical residues or an 
explanation of why no such method is needed.

Interregional Research Project Number 4

PP 5E4575

    EPA has received an amended pesticide petition PP 5E4575 from 
Interregional Research Project Number 4 (IR-4), proposing pursuant to 
section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
U.S.C. 346a(d), to amend 40 CFR 180.1206 to extend the temporary 
exemption from tolerance for residues of the non-aflatoxin-producing 
microbial pesticide Aspergillus flavus AF 36 in/on cotton. This amended 
petition is filed by IR-4, New Jersey Agricultural Experiment Station, 
Technology Center of New Jersey, Technology Centre of New Jersey, 681 
U. S. Highway #1 South, North Brunswick, NJ 08902-3390 on behalf of the 
USDA/ARS Southern Regional Center, 1100 Robert E. Lee Blvd., New 
Orleans, LA 70179-0687. The amendment seeks to extend the current 
temporary exemption from tolerance to include cotton treated with A. 
flavus AF36 in 9 counties in Texas. They propose to continue trials to 
collect research data, in accordance with Experimental Use Permit 
69224-EUP-1, in both Arizona and Texas until December 31, 2005. (See 64 
FR 8358, February 19, 1999) (FRL-6057-3)
    The EUP currently allows for application of 200,000 pounds (90,179 
kg) of the microbial pesticide to a total of 20,000 acres of commercial 
cotton fields in 5 counties in Arizona including Yuma, LaPaz, Maricopa, 
Mohave and Pinal counties. In addition to the 20,000 acres in AZ, they 
propose to apply a total of 20,000 pounds (9,018 kg) of the microbial 
pesticide on 2,000 acres of commercial cotton fields in 9 counties in 
Texas (Nueces, San Patricio, Bee, Calhoon, Jackson, Wharton, Hildalgo, 
Cameron, and Willacy counties).
    Pursuant to section 408(d)(2)(A)(i) of the FFDCA, as amended, IR-4 
and USDA ARS Southern Regional Center have submitted summaries of 
information, data, and arguments in support of their pesticide 
petition, to comply with the Food Quality Protection Act of 1996. The 
database was evaluated by EPA and a final rule published in the Federal 
Register on May 26, 1999 (Volume 64, Number 101) Page 28371. The 
temporary exemption from tolerance and the EUP were extended until 
December 30, 2003, as published in the Federal Register on May 23, 2001 
(Volume 66, Number 100) Page 28383-28386. Aspergillus flavus AF36 is an 
atoxigenic strain which is proposed to displace the toxic aflatoxin-
producing strains of A. flavus as discussed in the aforementioned final 
rule.
[FR Doc. 02-7101 Filed 3-22-02; 8:45 a.m.]
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