[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Notices]
[Pages 47186-47188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18609]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0046; FRL-8375-8]


Notice of Receipt; 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 
identified 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'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 identified 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

[[Page 47187]]

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 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. 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, Office of Pesticide Programs, 
Registration Division (7505P), 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. 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 8E7347                                   EPA-HQ-OPP-2008-0554
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PP 8E7365                                   EPA-HQ-OPP-2008-0556
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PP 5F4469                                   EPA-HQ-OPP-2008-0276
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PP 8F7369                                   EPA-HQ-OPP-2008-0526
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PP 8F7383                                   EPA-HQ-OPP-2008-0557
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PP 8E7347                                   EPA-HQ-OPP-2008-0554
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III. 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 the petition that is the 
subject of this notice, which was prepared by the petitioner as 
required by 40 CFR 180.7(b)(1), is included in the docket for this 
rulemaking at http://www.regulations.gov. As specified in

[[Page 47188]]

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 above.

New Tolerances

     1. PP 8E7347. Interregional Research Project Number 4 (IR-4), IR-4 
Project Headquarters, Rutgers, The State University of New Jersey, 500 
College Rd. East, Suite 201 W, Princeton, NJ 08450, proposes to 
establish a tolerance for residues of the insecticide etoxazole, 2-
(2,6-difluorophenyl)-4-[4-(1,1-dimethylethyl)-2-ethoxyphenyl]-4,5-
dihydrooxazole, in or on food commodities fruit, stone, group 12, 
except plum at 1.0 parts per million (ppm); plum at 0.12 ppm; plum, 
prune, dried at 0.4 ppm; cucumber at 0.02 ppm; tomato at 0.25 ppm; 
spearmint, tops at 10 ppm; peppermint, tops at 10 ppm; peppermint, oil 
at 20 ppm; and spearmint, oil at 20 ppm. Practical analytical methods 
for detecting and measuring levels of etoxazole have been developed and 
validated in/on all appropriate agricultural commodities and respective 
processing fractions. The level of quantitation (LOQ) of etoxazole in 
the methods is 0.02 ppm which will allow monitoring of food with 
residues at the levels proposed for the tolerances. Contact: Sidney 
Jackson, (703) 305-7610, [email protected].
     2. PP 8E7365. IR-4, IR-4 Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Rd. East, Suite 201 W, Princeton, 
NJ 08450, proposes to establish a tolerance for residues of the 
insecticide fenpyroximate, (E)-1,1-dimethylethyl 4-[[[[(1,3-dimethyl-5-
phenoxy-1H-pyrazol-4-yl) methylene] amino]oxy]methyl] benzoate and its 
Z-isomer, (Z)-1,1-dimethylethyl 4-[[[[(1,3-dimethyl-5-phenoxy-1H-
pyrazol-4-yl)methylene] amino]oxy] methyl]benzoate] in or on food 
commodities vegetables, fruiting, group 08 at 0.20 ppm; okra at 0.20 
ppm; melon subgroup 09A at 0.03 ppm; and cucumber at 0.05 ppm. Based 
upon the metabolism of fenpyroximate in plants and the toxicology of 
the parent and metabolites, quantification of the parent, fenpyroximate 
and the z-isomer, combined as fenpyroximate is sufficient to determine 
toxic residues in plants. As a result, an enforcement method has been 
developed which involves extraction of fenpyroximate from crops with 
acetone, filtration, partitioning and cleanup, and analysis by gas 
chromatography using a nitrogen/phosphorous detector. The method has 
undergone independent laboratory validation as required by PR Notice 
88-5 and 96-1. This summary has been prepared by Nichino America, Inc., 
Wilmington, DE 19808, the registrant. Contact: Sidney Jackson, (703) 
305-7610, [email protected].
     3. PP 5F4469. Syngenta Crop Protection, Inc., PO Box 18300, 
Greensboro, NC 27419, proposes to establish a tolerance for residues of 
the herbicide prosulfuron, 1-(4-methoxy-6-methyl-triazin-2-yl)-3-[2-
(3,3,3-trifluoropropyl)-phenylsulfonyl]-urea] in or on food commodities 
field and popcorn grain, fodder and forage at 0.01 ppm; cereal grains 
group (except rice and wild rice), fodder at 0.01 ppm; forage at 0.10 
ppm; grain at 0.01 ppm; hay at 0.20 ppm; straw at 0.02 ppm; cattle, 
goat, hog, horse, sheep fat, kidney, liver, meat, and meat byproducts 
at 0.05 ppm; and milk at 0.01 ppm. Adequate analytical methods exist 
for the detection and measurement of residue levels of prosulfuron in 
or on raw and processed commodities of cereal grains, and for meat, 
milk and eggs. The LOQ is 0.01 ppm for crop commodities, processed 
fractions and milk, and 0.05 ppm for meat and eggs. The method is based 
on commodity-specific cleanup procedures followed by determination by 
high performance liquid chromatography (HPLC) with ultraviolet (UV) 
detection. Contact: Hope Johnson, (703) 305-5410, [email protected].
     4. PP 8F7369. Dow AgroSciences, LLC., 9330 Zionsville Rd., 
Indianapolis, IN 46268, proposes to establish a tolerance for residues 
of the herbicide penoxsulam in or on food commodities nut, tree, group 
14 at 0.01 ppm; grape at 0.01 ppm; almond, hulls at 0.01 ppm; and 
pistachio at 0.01 ppm. In the Magnitude of Residue (MOR) studies 
conducted in grapes, almonds and pecans to support tolerances proposed 
in this petition, residues of penoxsulam were determined using the 
analytical method GRM 04.09. The final solution was analyzed by liquid 
chromatography with positive-ion electrospray tandem mass spectrometry 
(LC/MS/MS). The limit of detection (LOD) and LOQ are 0.003 [micro]g/g 
and 0.010 [micro]g/g, respectively. Contact: Philip Errico, (703) 305-
6663, [email protected].
     5. PP 8F7383. Gowan Company, PO Box 5569, Yuma, AZ, 85366-5569, 
proposes to establish a tolerance for residues of the insecticide 
phosmet in or on food commodities almond and pistachio nutmeats at 0.3 
ppm; almond hulls at 50 ppm. Appropriate data collection and 
enforcement analytical methods are available to detect phosmet and its 
oxygen analog in plant and animal commodities. The Pesticide Analytical 
Manual (PAM) lists a gas chromatography method with flame photometric 
detection (GC/FPD) and a GC method with flame ionization as Methods II 
and III, respectively, for tolerance enforcement. Contact: Ann Sibold, 
(703) 305-6502, [email protected].

Amendment to Existing Tolerance

     1. PP 8E7347. IR-4, IR-4 Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Rd. East, Suite 201 W, Princeton, 
NJ 08450, proposes to amend the tolerance in 40 CFR 180.593 for 
residues of the insecticide etoxazole, 2-(2,6-difluorophenyl)-4-[4-
(1,1-dimethylethyl)-2-ethoxyphenyl]-4,5-dihydrooxazole, in or on the 
food commodity cherry at 1.0 ppm after the tolerance for fruit, stone, 
group 12, except plum at 1.0 ppm is established for residues of 
etoxazole. Contact: Sidney Jackson, (703) 305-7610, 
[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. E8-18609 Filed 8-12-08; 8:45 am]
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