[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Notices]
[Pages 47184-47186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18608]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0046; FRL-8376-8]


Notice of Receipt of Several Pesticide Petitions Filed 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 Agency's receipt of several 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 September 12, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition number (PP) of interest as shown 
in the body of this document, 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 Facility'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 the docket ID number and the 
pesticide petition number of interest as shown in the body of this 
document. 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 at http://www.regulations.gov. 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 form. Publicly 
available docket materials are available either in the electronic 
docket 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: A contact person is listed at the end 
of each pesticide petition summary and may be contacted by telephone or 
e-mail. The mailing address for each contact person listed is: 
Registration

[[Page 47185]]

Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.

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.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the pesticides 
discussed in this document, compared to the general population.

II. What Action is the Agency Taking?

     EPA is announcing its receipt of several pesticide petitions filed 
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 document contain the data or information 
prescribed 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 can make a final determination on these 
pesticide petitions.
     Pursuant to 40 CFR 180.7(f), a summary of each of the petitions 
that are the subject of 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.
    As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)), 
EPA is publishing notice of the petition so that the public has an 
opportunity to comment on this request for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petition may be obtained 
through the petition summary referenced in this unit.

New Tolerances

     1. PP 8E7386. (EPA-HQ-OPP-2008-0589). Interregional Research 
Project Number 4 (IR-4), 500 College Rd. East, Suite 201 W, Princeton, 
NJ 08540, proposes to establish a tolerance for residues of the 
insecticide, buprofezin, in or on coffee at 0.35 parts per million 
(ppm) and pomegranates at 1.9 ppm. The proposed analytical method 
involves extraction, partition, clean-up and detection of residues by 
gas chromatography using nitrogen phosphorous detection. This summary 
has been prepared by Nichino America, Inc., Wilmington, DE 19808, the 
registrant. Contact: Susan Stanton, (703) 305-5218, 
[email protected].
     2. PP 7F7215. (EPA-HQ-OPP-2008-0567). Mitsui Chemicals, Inc., 
Shiodome City Center, 1-5-2, Higashi-Shimbashi, Minato-ku, Tokyo, Japan 
105-7117 c/o Landis International, Inc., P.O. Box 5126, 3185 Madison 
Hwy., Valdosta, GA 31603-5126, proposes to establish a tolerance for 
residues of the insecticide, etofenprox, [2-(4-ethoxyphenyl)-2-
methylpropyl 3-phenoxybenzyl ether], and the metabolite, [alpha]-CO 
i.e. [2-(4-ethoxyphenyl)-2-methylpropyl 3-phenoxybenzoate], in or on 
rice grain at 0.01 ppm and rice straw at 0.06 ppm. Mitsui Chemicals, 
Inc., has submitted practical analytical methodology for detecting and 
measuring levels of Etofenprox and the metabolite, [alpha]-CO i.e. [2-
(4-ethoxyphenyl)-2-methylpropyl 3-phenoxybenzoate], in or on raw 
agricultural commodities. The high performance liquid chromatography 
(HPLC) method was validated for determination of etofenprox and 
[alpha]-CO in or on rice grain and straw for raw agricultural commodity 
matrices. Samples were processed and analyzed for the determination of 
etofenprox and [alpha]-CO using HPLC with mass spectrum detection (LC/
MS/MS) for final quantitation. The target limit of quantitation (LOQ) 
was 0.01 ppm for all matrices. Contact: Kevin Sweeney, (703) 305-5063, 
[email protected].
     3. PP 8F7349. (EPA-HQ-OPP-2007-0975). E.I. DuPont de Nemours and 
Company, DuPont Crop Protection, P.O.

[[Page 47186]]

Box 30, Newark, DE 19714-0030, proposes to establish a tolerance for 
residues of the insecticide, methomyl (S-methyl N-
[(methylcarbamoyl)oxy] thioacetimidate), in or on grapes, table at 1.5 
ppm; grapes, juice at 5.0 ppm; grapes, raisin at 5.0 ppm; and grapes, 
wine at 5.0 ppm. Adequate analytical methodology is available for data 
collection and enforcing tolerances of methomyl. Method I in the 
Pesticide Analytical Manual (PAM), Vol. II, is a gas liquid 
chromatography (GLC)/sulfur microcoulometric detection method that has 
undergone a successful EPA method validation on corn, leafy vegetables, 
and fruiting vegetables. The limit of detection is 0.02 ppm for plant 
commodities. A (HPLC)/fluorescence detection method (Method AMR 3015-
94) has also been proposed as an enforcement method. This method has 
undergone a successful EPA method validation using dry pea seeds, 
sorghum hay, and sugar beet foliage. The validated limit of 
quantitation is 0.02 ppm. Both the GLC and the HPLC methods allow for 
monitoring crops with residues at or above tolerance levels. Contact: 
Thomas C. Harris, (703) 308-9423, [email protected].
     4. PP 8G7357. (EPA-HQ-OPP-2008-0570). Chemtura Corporation, 199 
Benson Rd., Middlebury, CT 06749, proposes to establish a tolerance for 
residues of the insecticide, bifenazate: hydrazine carboxylic acid, 2-
(4-methoxy-[1,1'-biphenyl]-3-yl) 1-methylethyl ester, in or on corn, 
grain at 0.02 parts per million (ppm); sweet corn (K+CWHR) at 0.05 ppm; 
corn, forage at 25 ppm; corn, stover at 13 ppm; and aspirated grain 
fractions at 0.7 ppm. Chemtura Corporation has developed practical 
analytical methodology for detecting and measuring residues of 
bifenazate in or on raw agricultural commodities (RAC). 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 LOQ for bifenazate in corn matrices and processed 
commodities was 0.01 ppm. The limit of detection (LOD) for the method 
is set at 0.005 ppm. For corn RAC and processed commodities, the method 
has also been validated by liquid chromatography/mass spectrometry/mass 
spectrometry (LC-MS/MS), and used for the confirmation of residues. The 
analytical method for bifenazate and its major metabolite D3598 in 
animal tissues was designed using the same principles invoked in the 
plant method, with minor modifications. However, in animal tissue 
samples, a separate aliquot of the extract was used to determine 
residues of A1530 and its sulfate (combined) in milk and meat samples 
(as these metabolites appeared to be significant in the goat metabolism 
studies). The extract was subjected to acid hydrolysis to convert the 
sulfate conjugate to A1530 before it was quantified by LC-MS/MS. 
Another metabolite, D9569, was also monitored in milk by LC-MS/MS. 
Contact: Amer Al-Mudallal, (703) 605-0566, [email protected].

Amendment to Existing Tolerance

     PP 8F7349. (EPA-HQ-OPP-2007-0975). E.I. DuPont de Nemours and 
Company, DuPont Crop Protection, P.O. Box 30, Newark, DE 19714-0030, 
proposes to delete the tolerance in 40 CFR 180.253 for residues of the 
insecticide, methomyl (S-methyl N-[(methylcarbamoyl)oxy] 
thioacetimidate), in or on grape at 5 ppm. Contact: Thomas C. Harris, 
(703) 308-9423, [email protected].

New Exemption from an Inert Tolerance

     PP 8E7397. (EPA-HQ-OPP-2008-0571). Keller and Heckman LLP, 1001 G 
St., NW, Suite 500, Washington, DC 20001 as U. S. agent for Eka 
Chemicals AB, 455 80 Bobus, Sweden, proposes to establish an exemption 
from the requirement of a tolerance in 40 CFR 180.960 for residues of 
the silane, trimethoxy[3-oxiranylmethoxy)propyl]-, hydrolysis products 
with silica; (CAS No. 68584-82-7) in or on the raw agricultural 
commodities when used as a pesticide inert ingredient in pesticide 
formulations. 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: August 4, 2008.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E8-18608 Filed 8-12-08; 8:45 am]
Billing Code 6560-50-S