[Federal Register Volume 73, Number 108 (Wednesday, June 4, 2008)]
[Notices]
[Pages 31862-31864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12249]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0046; FRL-8365-3]


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 July 7, 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.), 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:

[[Page 31863]]

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 8E7325                                   EPA-HQ-OPP-2008-0362
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PP 8E7341                                   EPA-HQ-OPP-2008-0361
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PP 7F7279                                   EPA-HQ-OPP-2008-0327
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PP 8F7335                                   EPA-HQ-OPP-2008-0322
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PP 8F7343                                   EPA-HQ-OPP-2008-0360
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PP 8E7325                                   EPA-HQ-OPP-2008-0362
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PP 8E7332                                   EPA-HQ-OPP-2008-0346
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PP 8E7333                                   EPA-HQ-OPP-2008-0059
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PP 7F7311                                   EPA-HQ-OPP-2008-0093
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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. PP 8E7325. (EPA-HQ-OPP-2008-0362). The Interregional Research 
Project No. 4 (IR-4), 500 College Rd. East, Suite 201 W, Princeton, NJ 
08540, proposes to establish a tolerance for residues of the fungicide 
quinoxyfen, 5,7-dichloro-4-(4-fluorophenoxy)quinoline in or on food 
commodities artichoke, globe at 1.4 parts per million (ppm); fruit, 
stone, group 12 at 0.70 ppm; squash, winter at 0.20 ppm; pumpkin at 
0.20 ppm; and gourd, edible at 0.20 ppm. A practical analytical method 
is available to monitor and enforce the tolerances of quinoxyfen 
residues in crops. The analytical method uses a capillary gas 
chromatography and mass selective detection (GC-MSD) with limits of 
quantitation (LOQ) of <0.01. The method is adequate for collecting data 
and enforcing tolerances for quinoxyfen residues in/on the subject 
crops. Contact: Sidney Jackson, (703) 305-7610, [email protected].
     2. PP 8E7341. (EPA-HQ-OPP-2008-0361). IR-4, 500 College Rd. East, 
Suite 201W, Princeton, NJ 08540, proposes to establish a tolerance for 
the combined residues of the herbicide cyhalofop (cyhalofop-butyl, R-
(+)-n-butyl-2-(4(4-cyano-2-fluorophenoxy)-phenoxy)propionate, plus 
cyhalofop acid, R-(+)-2-(4(4-cyano-2-fluorophenoxy)-
phenoxy)propionicacid) and the di-acid metabolite, (2R)-4-[4-(1-
carboxyethoxy)phenoxy]-3-fluorobenzoic acid in or on food commodity 
rice, wild, grain at 0.03 ppm. An adequate analytical method is 
available for enforcement purposes; the method has been developed and 
validated to determine the residues of cyhalofop-butyl, cyhalofop (acid 
form) and the diacid metabolite in rice grain, straw and processed 
products. The method was based on capillary gas chromatography with 
mass selective detection. Contact: Sidney Jackson, (703) 305-7610, 
[email protected].
     3. PP 7F7279. (EPA-HQ-OPP-2008-0327). Bayer CropScience, P.O. Box 
12014, 2 T.W. Alexander Dr., Research Triangle Park, NC 27709, proposes 
to establish a tolerance for residues of the fungicide prothioconazole 
in or on food commodity wheat, forage at 8.0 ppm. The analytical method 
for determining residues of concern in plants extracts residues of 
prothioconazole and JAU6476-desthio and converts the prothioconazole to 
JAU6476-desthio and JAU6476-sulfonic acid. Following addition of 
internal standards the sample extracts are analyzed by liquid 
chromatography/mass spectrometry

[[Page 31864]]

(LC/MS/MS). Radiovalidation and independent laboratory validation have 
shown that the method adequately quantifies prothioconazole residues in 
treated commodities. The analytical method for analysis of large animal 
tissues includes extraction of the residues of concern, followed by 
addition of an internal standard to the extract. The extract is then 
hydrolyzed to release conjugates, partitioned and analyzed by LC/MS/MS 
as prothioconazole, JAU6476-desthio and JAU6476-4-hydroxy. The method 
for analysis of milk eliminated the initial extraction step in the 
tissue method. Contact: Bryant Crowe, (703) 305-0025, 
[email protected].
     4. PP 8F7335. (EPA-HQ-OPP-2008-0322). Bayer CropScience, P.O. Box 
12014, 2 T.W. Alexander Dr., Research Triangle Park, NC 27709, proposes 
to establish a tolerance for residues of the insecticide tebupirimphos; 
[O-[2-(1,1-dimethylethyl)-5-pyrimidinyl] O-ethyl O-(1-methylethyl) 
phosphorothioate in or on food commodities corn, field, forage at 0.01 
ppm; corn, field, stover at 0.01 ppm; corn, pop, forage at 0.01 ppm; 
corn, pop, stover at 0.01 ppm; corn, sweet, forage at 0.01 ppm; corn, 
sweet, stover at 0.01 ppm; corn, field, grain at 0.01 ppm; corn, pop, 
grain at 0.01 ppm; corn, sweet, kernel plus cob with husks removed at 
0.01 ppm. Adequate validated analytical methodology is available for 
enforcement purposes. Contact: Marilyn Mautz, (703) 305-6785, 
[email protected].
     5. PP 8F7343. (EPA-HQ-OPP-2008-0360). Nichino America, Inc. (NAI), 
4550 New Linden Hill Rd., Suite 501, Wilmington, DE 19808, proposes to 
establish a tolerance for residues of the insecticide buprofezin in or 
on food commodity Brassica, head and stem, subgroup 5A at 7.0 ppm. The 
proposed analytical method involves extraction, partition, clean-up and 
detection of residues by gas chromatography using nitrogen phosphorous 
detection. Contact: Melody Banks, (703) 305-5413, [email protected].

B. Amendment to Existing Tolerance

     PP 8E7325. (EPA-HQ-OPP-2008-0362). IR-4, 500 College Road East, 
Suite 201W, Princeton, NJ 08540, proposes, upon approval of the 
aforementioned tolerance for fruit, stone, group 12 in Unit III.A.1., 
to amend remove the established tolerances for the residues of the 
fungicide quinoxyfen, 5,7-dichloro-4-(4-fluorophenoxy)quinoline in 40 
CFR 180.588 (a) in or on the food commodities cherry, sweet at 0.3 
parts per million (ppm) and cherry, tart at 0.3 ppm. Contact: Sidney 
Jackson, (703) 305-7610, [email protected].

C. New Exemption From Tolerance

     1. PP 8E7332. (EPA-HQ-OPP-2008-0346). Bayer CropScience, P.O. Box 
12014, 2 T.W. Alexander Dr., Research Triangle Park, NC 27709, proposes 
to establish amend 40 CFR part 180 by establishing an exemption from 
the requirement of a tolerance under 40 CFR 180.920 for residues of the 
triethanolamine (TEA)(CAS Reg. No. 102-71-6) when used as a pesticide 
inert ingredient stabilizer at no more than 2% in pesticide 
formulations that are used for post-emergence treatment on small grain 
cereal crops before the edible parts of the plant consumed by humans 
are exposed. 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 8E7333. (EPA-HQ-OPP-2008-0059). Whitmire Micro-Gen c/o 
Landis International, Inc., P.O. Box 5126, Valdosta, GA 31603-5126, 
proposes to amend 40 CFR part 180 by establishing an exemption from the 
requirement of a tolerance under 40 CFR 180.930 for residues of the 
potassium benzoate (CAS Reg. No. 582-25-2) when used as a pesticide 
inert ingredient in a pesticide product when used in accordance with 
good agricultural practice as a preservative in pesticide formulations 
applied to animals. 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].
     3. PP 7F7311. (EPA-HQ-OPP-2008-0093). SynTech Global LLC on behalf 
of BioNext sprl, Passage des deportes, 2, B-5030 Gembloux, Belgium, 
proposes to establish amend 40 part CFR 180 by establishing an 
exemption from the requirement of a tolerance for residues of the 
calcium lactate pentahydrate (CAS Reg. No. 5743-47-5) on stored apples 
and pears when used as a pesticide inert ingredient in pesticide 
formulations of the active ingredient Candida oleophila strain O, as a 
post-harvest treatment to control Botrytis cinerea (grey mold) and 
Penicillium expansum (blue mold). 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: May 19, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E8-12249 Filed 6-3-08; 8:45 am]
BILLING CODE 6560-50-S