[Federal Register Volume 67, Number 113 (Wednesday, June 12, 2002)]
[Notices]
[Pages 40292-40293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14490]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0095; FRL-7181-2]


 Notice of Filing a Pesticide Petition to Establish a Tolerance 
for a Certain Pesticide Chemical in or on Food

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

DATES: Comments, identified by docket ID number 2002-0095, must be 
received on or before July 12, 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 
proper receipt by EPA, it is imperative that you identify docket ID 
number 2002-0095 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: By mail: Shaja R. Brothers, 
Registration Division (7505C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 308-3194; 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 ID number 2002-0095. 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 physical 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 Highway, 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 indentify docket ID number 2002-0095 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 
ProtectionAgency, 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 Highway, 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 ID number 2002-0095. 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

[[Page 40293]]

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 you provide.
    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 
ID 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 a pesticide petition as follows proposing the 
establishment and/or amendment of regulations for residues of a certain 
pesticide chemical 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 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: May 31, 2002.
  Peter Caulkins,
Acting Director, Registration 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 views of the 
petitioner. EPA is publishing the petition summary verbatim without 
editing it in any way. 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 (IR-4)

0E6185

    EPA has received a pesticide petition (0E6185) from the 
Interregional Research Project Number 4 (IR-4), 681 U.S. Highway 
1 South, North Brunswick, NJ 08902-3390 proposing, pursuant to 
section 408(d) of the FFDCA, 21 U.S.C. 346a(d), to amend 40 CFR part 
180 by establishing time-limited tolerances for residues of the 
herbicide, diflufenzopyr, 2-(1-(3,5-difluorophenylamino) 
carbonyl)hydrazono) ethyl(-3-pyridinecarboxylic acid, its metabolites 
convertible to 8-methylpyrido(2,3-d]pyridazin-5(6H)-1, and free and 
acid-released 8-hydroxymethylpyrido(2,3-d) pyridazine-2,5(1H,6H)-dione, 
expressed as diflufenzopyr in or on the raw agricultural commodities of 
cattle, goat, hog, horse, and sheep meat at 0.60 parts per million 
(ppm); cattle, goat, hog, horse, and sheep kidney at 4.0 ppm; cattle, 
goat, hog, horse, and sheep meat by-products (except kidney) at 0.50 
ppm; cattle, goat, hog, horse, and sheep fat at 0.30 ppm; and milk at 
3.0 ppm. EPA has determined that the petition contains data or 
information regarding the elements set forth in section 408(d)(2) of 
the FFDCA; 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. This notice includes a summary of the petition prepared by 
BASF Corporation, P.O. Box 13528, Research Triangle Park, NC, 27709.

A. Residue Chemistry

    1. Plant metabolism. The nature of the residue of diflufenzopyr is 
adequately understood.
    2. Analytical method. BASF Corporation has provided suitable 
independently validated analytical methods for detecting and measuring 
levels of diflufenzopyr and its metabolites in or on food with a limit 
of detection that allows monitoring of food with residues at or above 
the levels described in these and the existing tolerances. Adequate 
enforcement methodology (gas chromatography) is available to enforce 
the tolerance expression.
    3. Magnitude of residues. Data from metabolism studies in goat and 
poultry have established that the expected dietary burden from crops 
treated with diflufenzopr will not result in quantifiable residues 
above the limits of the standard analytical method.

B. Toxicological Profile

    The nature of the toxic effects caused by diflufenzopyr is 
discussed in Unit II.B. of the Federal Register of December 12, 2001 
(66 FR 64257) (FRL-6812-7).

C. Aggregate Exposure

    The aggregate exposure (food, drinking water, and residential) 
assessment for diflufenzopyr is discussed in Unit II.C. of the Federal 
Register of December 12, 2001 (67 FR 64257).

D. Cumulative Effects

    The potential for cumulative effects for diflufenzopyr and other 
substances with a common mechanism of toxicity is discussed in Unit 
II.D. of the Federal Register of December 12, 2001 (66 FR 64257).

E. Safety Determination

    The safety determination for the U.S. population, infants, and 
children for diflufenzopyr is discussed in Unit II.E. of the Federal 
Register of December 12, 2001 (66 FR 64257).

F. International Tolerances

    There is no CODEX or Mexican residue limits established for 
diflufenzopyr or its metabolites.
[FR Doc. 02-14490 Filed 6-11-02; 8:45 am]
BILLING CODE 6560-50-S