[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Notices]
[Pages 13225-13228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4967]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0046; FRL-8354-6]


Notice of Filing of Pesticide Petitions 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 initial filing 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 11, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2008-0046 and the pesticide petition number (PP) 
of interest, by one of the following methods:

[[Page 13226]]

     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'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 EPA-OPP-2008-0046 the 
assigned docket ID number and the pesticide petition number of 
interest. 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 in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 
Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov 
website to view the docket index or access available documents. 
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. Publicly available docket materials are available 
electronically 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: The person listed at the end of the 
pesticide petition summary of interest.

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 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.

II. Docket ID Numbers

    When submitting comments, please use the docket ID number and the 
pesticide petition number of interest, as shown in the table.


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                 PP Number                        Docket ID Number
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PP 7E7280                                   EPA-HQ-OPP-2007-1192
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PP 7E7281                                   EPA-HQ-OPP-2007-1192
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PP 7E7282                                   EPA-HQ-OPP-2007-1191
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PP 7E7283                                   EPA-HQ-OPP-2007-1191
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PP 7E7308                                   EPA-HQ-OPP-2008-0125
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PP 8E7318                                   EPA-HQ-OPP-2008-0126
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PP 0F6159                                   EPA-HQ-OPP-2007-1021
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PP 7F7301                                   EPA-HQ-OPP-2008-0139
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PP 7E7281                                   EPA-HQ-OPP-2007-1192
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[[Page 13227]]

 
PP 7E7283                                   EPA-HQ-OPP-2007-1191
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PP 7E7305                                   EPA-HQ-OPP-2008-0095
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PP 8E7321                                   EPA-HQ-OPP-2008-0096
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III. What Action is the Agency Taking?

    EPA is printing notice of the filing of pesticide petitions 
received 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 180 for residues of pesticide chemicals in 
or on various food commodities. EPA has determined that the pesticide 
petitions described in this notice contain data or information 
regarding the elements set forth 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 rules on these 
pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions 
included in 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.

A. New Tolerance

     1. and 2. PPs 7E7280 and 7E7281. (EPA-HQ-OPP-2007-1192). 
Interregional Research Project 4 (IR-4), 500 College Road 
East, Suite 201 W, Princeton, NJ 08540, proposes to establish a 
tolerance for residues of the fungicide famoxadone in or on food 
commodities PP 7E7280: Leaf petioles, subgroup 4B at 25 parts per 
million (ppm); and PP 7E7281: Leafy greens, subgroup 4A and cilantro at 
50 ppm; Bulb vegetables, group 3-07 at 40 ppm; and caneberry, subgroup 
13-07A at 10 ppm. An analytical enforcement method is available for 
determining famoxadone plant residues in or on potatoes, cucurbit 
vegetables (cucumbers, melons, and squash), fruiting vegetables 
(tomatoes, peppers), and head lettuce using gas-liquid chromatography 
(GC) with nitrogen phosphorus detection (NPD). The method is applicable 
to high and medium moisture, oily and non-oily crops and related 
matrices. The limit of quantitation (LOQ) is 0.02 ppm. The LOQ is 0.02 
ppm for leafy vegetables and green onion. The LOQ is 0.05 ppm for dry 
bulb onion. The analytical enforcement for use on tomato processed 
fractions and also the RAC, tomato, utilizes column switching liquid 
chromatography with ultraviolet (UV) detection. The LOQ is 0.02 ppm. 
The LOQ in each method allows monitoring of crops with famoxadone 
residues at or above the levels proposed in these tolerances. Contact: 
Susan Stanton, (703) 305-5218, [email protected].
     3. and 4. PPs 7E7282 and 7E7283. (EPA-HQ-OPP-2007-1191). 
Interregional Research Project 4 (IR-4), 500 College Road 
East, Suite 201 W, Princeton, NJ 08540, proposes to establish a 
tolerance for residues of the fungicide cymoxanil; 2-cyano-N-
[(ethylamino)carbonyl]-2-(methoxyimino)acetamide in or on food 
commodities PP 7E7282: Leaf petioles, subgroup 4B at 6 ppm; and PP 
7E7283: Leafy greens, subgroup 4A and Cilantro at 19 ppm; bulb 
vegetables, group 3-07 at 1.1 ppm; and Caneberry, subgroup 13-07A at 4 
ppm. An analytical enforcement method is available for determining 
these plant residues by high performance level chromatography (HPLC) 
with ultraviolet (UV) detection. The limit of quantitation allows 
monitoring of crops with cymoxanil residues at or above the levels 
proposed in these tolerances. The LOQ is 0.05 ppm for cymoxanil. 
Contact: Susan Stanton, (703) 305-5218, [email protected].
     5. PP 7E7308. (EPA-HQ-OPP-2008-0125). FMC Corporation, 1735 Market 
Street, Philadelphia, PA 19103, and Interregional Research No. 4 ( IR-
4) Rutgers, The State University of New Jersey, 500 College Road East, 
Suite 201-W, Princeton, NJ 08540, proposes to establish a tolerance 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 food commodities brassica, head and stem, subgroup 5A at 0.20 
ppm; brassica, leafy greens, subgroup 5B at 0.35 ppm; melon, subgroup 
9A at 0.10 ppm; vegetable, fruiting, group 8 at 0.05 ppm; okra at 0.05 
ppm; pea, succulent at 0.05 ppm; flax at 0.05 ppm; strawberry at 0.05 
ppm, and vegetable, tuberous and corm, subgroup 1C at 0.15 ppm There is 
a practical analytical method for detecting and measuring levels of 
sulfentrazone and its metabolites in or on food with a limit of 
detection that allows monitoring of food with residues at or above the 
levels set in these tolerances. The proposed analytical method for 
determining residues is hydrolysis followed by gas chromatographic 
separation. Contact: Shaja R. Brothers, (703) 308-3194, 
[email protected].
     6. PP 8E7318. (EPA-HQ-OPP-2008-0126). Interregional Research 
Project 4 (IR-4), 500 College Road East, Suite 201 W, 
Princeton, NJ 08540, proposes to establish a tolerance for residues of 
the insecticide bifenazate and its metabolite, diazinecarboxylic acid, 
2-(4-methoxy-[1,1'-biphenyl]-3-yl), 1-methylethyl ester (expressed as 
bifenazate) in or on food commodities bean dry, seed at 0.2 ppm; grass, 
forage, fodder and hay, group 17, forage at 140 ppm; and grass, forage, 
fodder and hay, group 17, hay at 120 ppm. Chemtura Corporation has 
developed practical analytical methodology for detecting and measuring 
residues of bifenazate in or on raw agricultural commodities. As D3598, 
a significant metabolite, was found to interconvert readily to/from 
bifenazate, the analytical method was designed to convert all residues 
of D3598 to the parent compound (bifenazate) for analysis. The method 
utilizes reversed phase HPLC to separate the bifenazate from matrix 
derived interferences, and oxidative coulometric electrochemical 
detection for the identification and quantification of this analyte. 
Using this method the limit of quantitation (LOQ) for bifenazate in 
stone fruit, pome fruit, grapes, strawberries, and cotton was 0.01 ppm. 
For hops the LOQ was 0.05 ppm. The limit of detection for this method, 
which varies with matrix, is 0.005 ppm. The analytical method for 
bifenazate and its major metabolite D3598 in animal samples was 
designed using the same principles invoked in the plant method, with 
minor modifications. However, in animal samples, a separate aliquot of 
the extract was used to determine residues of A1530 and its sulfate 
(combined) in milk and meat samples (these metabolites appeared to be 
significant in goat metabolism studies). The extract was subjected to 
acid hydrolysis to convert the sulfate conjugate to A1530 before it was 
quantified by HPLC using fluorescence or OCED detectors. Contact: Susan 
Stanton, (703) 305-5218, [email protected].
     7. PP 0F6159. (EPA-HQ-OPP-2007-1021). Nichino America, Inc., 4550 
New Linden Hill Road, Suite 501, Wilmington, DE 19808, proposes to 
establish a tolerance for the indirect or inadvertent residues of the 
fungicide, flutolanil [N-(3-(1-

[[Page 13228]]

methylethoxy)phenyl)-2- (trifluoromethyl)benzamide] and its metabolite, 
M-4, desisopropyl flutolanil [N-(3-hydroxyphenyl)-2-
(trifluromethyl)benzamide], expressed as 2-trifluoromethyl benzoic acid 
and calculated as flutolanil in or on food commodities soybean, forage 
at 9.0 ppm; soybean, hay at 2.0 ppm; soybean, seed at 0.20 ppm; wheat, 
bran at 0.30 ppm; wheat, forage at 2.0 ppm; wheat, grain at 0.10 ppm; 
wheat, hay at 1.0 ppm; and wheat, straw at 0.30 ppm. A previously 
submitted analytical method designated AU-95R-04 (MRID 45104001), a gas 
chromatography, mass spectrometry detection method has been 
independently validated and is adequate for enforcement purposes for 
flutolanil residue detection in soybean and wheat raw agricultural 
commodities. A multi-residue method for flutolanil has been previously 
submitted. This notice supersedes the previously published notice 
issued in the Federal Register of January 23, 2008 (73 FR 3967) (FRL-
8345-7) for this pesticide petition (PP 0F6159). Contact: Lisa Jones, 
(703) 308-9424, [email protected].
     8. PP 7F7301. (EPA-HQ-OPP-2008-0139). Syngenta Crop Protection, 
Inc., P.O. Box 18300, Greensboro, NC 27419-8300, proposes to establish 
a tolerance for residues of the insecticide thiamethoxam {3-[(2-chloro-
5-thiazolyl)methyl] tetrahydro-5-methyl-N-nitro-4H-1,3,5-oxadiazin-4-
imine{time} (CAS Reg. No. 153719-23-4) and its metabolite [N-(2-chloro-
thiazol-5-ylmethyl)-N'-methyl-N'-nitro-guanidine] in or on food 
commodities soybean, hulls at 2.0 ppm and grain, aspirated fractions at 
0.08 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 ultraviolet (UV) or mass spectrometry (MS) 
detections. The limit of detection (LOD) for each analyte of this 
method is 1.25 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, [email protected].

B. Amendment to Existing Tolerance

     1. PP 7E7281. (EPA-HQ-OPP-2007-1192). Interregional Research 
Project 4 (IR-4), 500 College Road East, Suite 201 W, 
Princeton, NJ 08540, also proposes to remove the existing tolerances in 
40 CFR 180.587 for residues of the fungicide famoxadone in or on the 
food commodities lettuce, head; and caneberry, subgroup 13A at 10 parts 
per million (ppm) which would be replaced by the proposed subgroup 
tolerances on leafy, greens, subgroup 4A; and caneberry, subgroup 13-
07A. Contact: Susan Stanton, (703) 305-5218, [email protected].
     2. PP 7E7283. (EPA-HQ-OPP-2007-1191). Interregional Research 
Project 4 (IR-4), 500 College Road East, Suite 201 W, 
Princeton, NJ 08540, also proposes to remove the existing tolerances in 
40 CFR 180.503 for residues of the fungicide cymoxanil; 2-cyano-N-
[(ethylamino)carbonyl]-2-(methoxyimino)acetamide in or on the food 
commodities lettuce, head; and caneberry at 4.0 ppm which would be 
replaced by the proposed subgroup tolerances on leafy, greens, subgroup 
4A; and caneberry, subgroup 13-07A. Contact: Susan Stanton, (703) 305-
5218, [email protected].

C. New Exemption from Tolerance

     1. PP 7E7305. (EPA-HQ-OPP-2008-0095). Syngenta Crop Protection, 
P.O. Box 18300, Greensboro, NC 27409, proposes to amend 40 CFR part 180 
by establishing an exemption from the requirement of a tolerance under 
40 CFR 180.910 for residues of Poly(oxy-1,2 ethanediyl),[alpha]-[2,4,6-
tris(1-phenylethyl) phenyl]-[omega]-hydroxy- (CAS Reg. No. 70559-25-0) 
and Poly(oxy-1,2 ethanediyl),[alpha]-[tris(1-phenylethyl) phenyl]-
[omega]-hydroxy-, ammonium salt (CAS Reg. No. 99734-09-5), herein 
referred to in this document as tristyrylphenol ethoxylates, as an 
inert ingredient in post-harvest applications at a maximum of 10.0% for 
each inert in an end-use product formulation. This request is specific 
for the post-harvest uses of tristyrylphenol ethoxylates and not 
impacting the existing pre-harvest tolerance exemption in 40 CFR 
180.920 granted by the Agency for these ethoxylates with a limit of not 
more than 15% of the formulation. Because this petition is a request 
for an exemption from the requirement of a tolerance, no analytical 
method is required. Contact: Karen Samek, (703) 347-8825, 
[email protected].
     2. PP 8E7321. (EPA-HQ-OPP-2008-0096). Solvay Chemicals, Inc., 3333 
Richmond Ave., Houston, TX 77098, proposes to amend 40 CFR 180 by 
establishing an exemption from the requirement of a tolerance under 40 
CFR 180.960 for residues of 2-oxepanone, homopolymer (CAS Reg. No. 
24980-41-4) in or on food commodities when used as a pesticide inert 
ingredient in a pesticide product. Because this petition is a request 
for an exemption from the requirement of a tolerance, no analytical 
method is required. Contact: Karen Samek, (703) 347-8825, 
[email protected].

List of Subjects

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


    Dated: March 4, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E8-4967 Filed 3-11-08; 8:45 am]
BILLING CODE 6560-50-S