[Federal Register Volume 73, Number 74 (Wednesday, April 16, 2008)]
[Notices]
[Pages 20632-20634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8003]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0046; FRL-8359-1]


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 May 16, 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:
     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-HQ-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.),

[[Page 20633]]

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 3F4188                                   EPA-HQ-OPP-2008-0173
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PP 7F7248                                   EPA-HQ-OPP-2008-0173
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PP 3H5662                                   EPA-HQ-OPP-2008-0173
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PP 7F7208                                   EPA-HQ-OPP-2008-0132
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PP 7F7260                                   EPA-HQ-OPP-2008-0168
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PP 7F7293                                   EPA-HQ-OPP-2008-0167
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PP 8F7328                                   EPA-HQ-OPP-2008-0217
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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.

New Tolerances

    1-3. PPs 3F4188, 7F7248, and 3H5662. (EPA-HQ-OPP-2008-0173). Dow 
Agro Sciences LLC, 9330 Zionsville Road, Indianapolis, IN-46268, 
proposes to establish a tolerance for residues of the insecticide 
chlorpyrifos in or on food commodities grass, forage (Crop group 17) at 
11 parts per million (ppm); grass, hay (Crop group 17) at 30 ppm; 
barley, grain at 0.5 ppm; barley, straw at 2 ppm; barley, hay at 3 ppm; 
barley, milled feed fractions at 1 ppm; barley, grain at 0.5 ppm; 
barley, grain at 0.5 ppm; barley, grain at 0.5 ppm; barley, grain at 
0.5 ppm; barley, grain at 0.5 ppm; barley, grain at 0.5 ppm; barley, 
grain at 0.5 ppm; barley, grain at 0.5 ppm; barley, grain at 0.5 ppm; 
barley, grain at 0.5 ppm; barley, grain at 0.5 ppm; barley, grain at 
0.5 ppm; barley, grain at 0.5 ppm; barley, grain at 0.5 ppm; barley, 
grain at 0.5 ppm; and barley, grain at 0.5 ppm. Adequate enforcement 
methods are available for determination of chlorpyrifos residues in 
plant and animal commodities. The available Analytical Enforcement 
Methodology was previously reviewed in the June 20, 2000, Chlorpyrifos. 
Revised Product and Residue Chapters of the Health Effects Division 
(HED) Chapter of Reregistration Eligibility Decision (RED). Contact: 
Akiva Abramovitch, (703) 308-8328, [email protected].
    4. PP 7F7208. (EPA-HQ-OPP-2008-0132). Bayer CropScience, 2 T.W. 
Alexander Drive, Research Triangle Park, NC 27709, proposes to 
establish a tolerance for residues of the herbicide thiencarbazone-
methyl (BYH 18636 - parent) as methyl 4-[(4,5-dihydro-3-methoxy-4-
methyl-5-oxo-1H-1,2,4-triazol-1-yl) carboxamidosulfonyl-5 
methylthiophene-3-carboxylate (IUPAC nomenclature) in or on the food 
commodities field corn grain at 0.01 ppm; sweet corn kernels at 0.01 
ppm; wheat grain at 0.01 ppm; and soybean seed at 0.01 ppm. 
Thiencarbazone-methyl (BYH 18636 parent and metabolites) as methyl 4-
[(4,5-dihydro-3-methoxy-4-methyl-5-oxo-1H-1,2,4-triazol-1-yl) 
carboxamidosulfonyl]-5-methylthiophene-3-carboxylate (IUPAC 
nomenclature) and metabolites BYH 18636-N-desmethyl, and BYH 18636-MMT-
glucoside determined

[[Page 20634]]

individually and expressed in thiencarbazone-methyl equivalents in or 
on the food commodities field corn forage at 0.03 ppm; sweet corn 
forage at 0.15 ppm; field corn stover at 0.04 ppm; sweet corn stover at 
0.04 ppm; pop corn stover at 0.04 ppm; sweet corn (k+cwhr) at 0.01 ppm; 
wheat,hay at 0.02 ppm; wheat,straw at 0.02 ppm; wheat,forage at 0.09 
ppm; soybean,forage at 0.04 ppm; soybean,hay at 0.15 ppm; and cotton 
gin by-products at 0.15 ppm. Thiencarbazone-methyl (BYH 18636 parent 
and metabolites) as methyl 4-[(4,5-dihydro-3-methoxy-4-methyl-5-oxo-1H-
1,2,4-triazol-1-yl) carboxamidosulfonyl]-5-methylthiophene-3-
carboxylate (IUPAC nomenclature), and metabolite BYH 18636-MMT 
(expressed in thiencarbazone-methyl equivalents) are proposed based on 
the tissue to feed ratio as determined from the lactating dairy cow 
feeding study applied to a new diet calculated from the above proposed 
tolerances in or on the food commodities milk at 0.01 ppm; cattle, meat 
at 0.01 ppm; cattle, fat at 0.01 ppm; cattle, liver at 0.05 ppm; 
cattle, kidney at 0.02 ppm; goat, meat at 0.01 ppm; goat, fat at 0.01 
ppm; goat, liver at 0.05 ppm; goat, kidney at 0.02 ppm; hog, meat at 
0.01 ppm; hog, fat at 0.01 ppm; hog, liver at0.05 ppm; hog, kidney at 
0.02 ppm; horse, meat at 0.01 ppm; horse, fat at 0.01 ppm; horse, liver 
at 0.05 ppm; horse, kidney at 0.02 ppm; sheep, meat at 0.01 ppm; sheep, 
fat at 0.01 ppm; sheep, liver at 0.05 ppm; and sheep, kidney at 0.02 
ppm. A high pressure liquid chromatography/triple stage quadrupole mass 
spectrometry (HPLC/MS/MS) method that employs the use of internal 
standards has been developed and validated for quantification of BYH 
18636 analyte residues in plant matrices. The analytical method was 
developed for the determination of the residues of BYH18636 (parent), 
and its metabolites BYH18636-MMT-glucoside and -N-desmethyl in/on plant 
materials. The calculated limit of detection (LOD) ranges from 0.001 to 
0.003 ppm. The limit of quantitation (LOQ) for this method is 0.01 ppm 
for each analyte in plant matrices. Contact: Hope A. Johnson, (703) 
305-5410, [email protected].
    5. PP 7F7260. (EPA-HQ-OPP-2008-0168). BASF Corporation, P.O. Box 
13528, Research Triangle Park, NC 27709, proposes to establish a 
tolerance for residues of the insecticide metaflumizone in or on food 
commodities grape at 0.01 ppm; citrus fruits group (crop group 10) at 
0.01 ppm; and tree nuts group (crop group 14) at 0.01 ppm. BASF 
Analytical Method No. 531/0 was developed to determine residues of 
metaflumizone and its metabolites M320I04 and M320I23, the residues of 
concern in plants, and in crop matrices. In this method, residues of 
metaflumizone are extracted from plant matrices with methanol/water 
(70:30; v/v) and then partitioned into dichloromethane. For oily 
matrices, the residues are extracted with a mixture of isohexane/
acetonitrile (1:1; v/v). The final determination of metaflumizone and 
its metabolites is performed by liquid chromatography/mass spectrometry 
(LC/MS/MS). Contact: Julie Chao, (703) 308-8735, [email protected].
    6. PP 7F7293. (EPA-HQ-OPP-2008-0167). Syngenta Crop Protection 
Inc., P.O. Box 18300, Greensboro, NC 27419-8300, proposes to establish 
a tolerance for residues of 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 fruit, citrus (Crop Group 10) at 0.3 ppm; and nut, tree 
(Crop Group 14) including pistachio at 0.3 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].
    7. PP 8F7328. (EPA-HQ-OPP-2008-0217). Bayer CropScience, 2 T.W. 
Alexander Drive, Research Triangle Park, NC 27709, proposes to 
establish a tolerance for residues of the herbicide isoxaflutole 5-
cyclopropyl-4-(2-methylsulfonyl-4-trifluoromethylbenzoyl) isoxazole and 
its metabolite 1-(2-methylsulphonyl-4-trifluoromethylphenyl)-2-cyano-3-
cyclopropyl propane-1,3-dione (RPA 202248), calculated as the parent 
compound in or on food commodities corn, field, grain corn at 0.02 ppm; 
corn, field, forage at 0.02 ppm; and corn, field, stover at 0.02 ppm. A 
practical analytical method has been developed for detecting and 
quantifying levels of Isoxaflutole and RPA 202248 in or on raw 
agricultural commodities obtained from field corn. This method allows 
monitoring of these commodities with residues at or above the levels 
proposed in this petition. Quantitation of analytes as individual 
components is performed by daughter-ion detection using liquid 
chromatography/mass spectroscopy (LC/MS/MS). The limit of quantitation 
(LOQ) for all analytes is 0.01 ppm. The proposed analytical enforcement 
method to determine isoxaflutole-derived residues in plants has been 
validated by an independent laboratory. Contact: Erik Kraft, (703) 308-
9358, [email protected].

Amendment to Existing Tolerance

    PPs 3F4188, 7F7248, and 3H5662. (EPA-HQ-OPP-2008-0173). Dow Agro 
Sciences LLC, 9330 Zionsville Road, Indianapolis, IN, 46268, proposes 
to amend the tolerances in 40 CFR 180.342 for residues of the 
insecticide chlorpyrifos in or on the food commodities cattle, fat at 
0.6 ppm; goat, fat at 0.4 ppm; horse, fat at 0.5 ppm; hog, fat at 0.4 
ppm; and sheep, fat at 0.4 ppm. Adequate enforcement methods are 
available for determination of chlorpyrifos residues in plant and 
animal commodities. The available Analytical Enforcement Methodology 
was previously reviewed in the June 20, 2000, Chlorpyrifos. Revised 
Product and Residue Chapters of the Health Effects Division (HED) 
Chapter of Reregistration Eligibility Decision (RED). Contact: Akiva 
Abramovitch, (703) 308-8328, [email protected].

List of Subjects

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


    Dated: March 31, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E8-8003 Filed 4-15-08; 8:45 am]
BILLING CODE 6560-50-S