[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Notices]
[Pages 65849-65852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26265]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0046; FRL-8385-1]


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 December 5, 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

[[Page 65850]]

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 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.

[[Page 65851]]

     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 8E7367. (EPA-HQ-OPP-2008-0624). BASF Corporation Research 
Triangle Park, NC 27709, proposes to establish a tolerance for residues 
of the fungicide, Boscalid (BAS 510F); 3-pyridinecarboxamide, 2-chloro-
N-(4'-chloro(1,1'-biphenyl)-2-yl), in or on coffee, green bean at 0.05 
parts per million (ppm). In plants, the parent residue is extracted 
using an aqueous organic solvent mixture followed by liquid/liquid 
partitioning and a column clean up. Quantitation is by gas 
chromatography using mass spectrometry (GC/MS). In livestock the 
residues are extracted with methanol. The extract is treated with 
enzymes in order to release the conjugated glucuronic acid metabolite. 
The residues are then isolated by liquid/ liquid partition followed by 
column chromatography. The hydroxylated metabolite is acetylated 
followed by a column clean-up. The parent and acetylated metabolite are 
quantitated by gas chromatography with electron capture detection. 
Contact: Bryant Crowe, (703) 305-0025, [email protected].
     2. PP 7F7221. (EPA-HQ-OPP-2007-0514). BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528, proposes 
to establish a tolerance for residues of the fungicide metconazole, 5-
[(4-chlorophenyl)-methyl]-2,2-dimethyl-1-(1H-1,2,4-triazol-1-
ylmethyl)cyclopentanol, measured as the sum of cis- and trans-isomers, 
in or on corn, field, aspirated grain fractions at 0.05 ppm; corn, 
field, forage at 3.5 ppm; corn, field, grain at 0.02 ppm; corn, field, 
stover at 4.5 ppm; corn, pop, grain at 0.02 ppm; corn, pop, stover at 
4.5 ppm; corn, sweet, forage at 3.5 ppm; corn, sweet, kernel plus cob 
with husks removed at 0.01 ppm; corn, sweet, stover at 4.5 ppm; cotton, 
undelinted seed at 0.25 ppm; cotton, gin byproducts at 8.0 ppm. 
Independently validated analytical method have been submitted for 
analyzing parent metconazole residues with appropriate sensitivity in 
all the crop and processed commodities for corn and cotton for which 
tolerances are being requested. Contact: Tracy Keigwin, (703) 305-6605, 
[email protected].
     3. PP 7F7292. (EPA-HQ-OPP-2008-0718). Valent U.S.A. Company, 1600 
Riviera Ave., Suite 200, Walnut Creek, CA 94596-8025, proposes to 
establish a tolerance for residues of the fungicide, metconazole, 5-
[(4-chlorophenyl)-methyl]-2,2-dimethyl-1-(1H-1,2,4-triazol-1-
ylmethyl)cyclopentanol, measured as the sum of cis- and trans- isomers, 
in or on canola seed at 0.04 ppm. Independently validated analytical 
methods have been submitted for analyzing parent metconazole residues 
with appropriate sensitivity for all canola crop and processed 
commodities for which a tolerance is being requested. Contact: Tracy 
Keigwin, (703) 305-6605, [email protected].
     4. PP 8F7338. (EPA-HQ-OPP-2008-0262). 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 
spiromesifen; butanoic acid, 3,3-dimethyl-, 2-oxo-3-(2,4,6-
trimethylphenyl)-1-oxaspiro[4.4]non-3-en-4-yl ester, and its enol 
metabolite; 4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-
en-2-one, calculated as parent compound equivalents, in or on corn, pop 
grain at 0.02 ppm and corn, pop, stover at 1.5 ppm. Adequate analytical 
methodology using liquid chromatography/mass spectrometry/mass 
spectrometry (LC/MS/MS) detection is available for enforcement 
purposes. Contact: John Hebert, (703) 308-6249, [email protected].
     5. PP 8F7398. (EPA-HQ-OPP-2008-0262). Bayer CropScience, P.O. Box 
12014, 2 T. W. Alexander Dr., Research Triangle Park, NC 27709, 
proposes to establish a tolerance for the indirect or inadvertent 
residues of the insecticide, spiromesifen; butanoic acid, 3,3-dimethyl-
, 2-oxo-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4] non-3-en-4-yl ester, 
its enol metabolite; 4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro 
[4.4]non-3-en-2-one and its metabolites containing the 4-hydroxymethyl 
moiety (i.e.4-hydroxy-3-[4-(hydroxymethyl)-2,6-dimethylphenyl]-1-
oxaspiro[4.4]non -3-en-2-one and its conjugates), calculated as parent 
compound equivalents, when present therein as a result of the 
application of the pesticide in or on vegetable, bulb, group 3 to 
growing crops at 0.07 ppm. Adequate analytical methodology using LC/MS/
MS detection is available for enforcement purposes. Contact: Amer Al-
Mudalla, (703) 605-0566, [email protected].

Amendment to Existing Tolerance

     1. PP 8E7366. (EPA-HQ-OPP-2008-0624). BASF Corporation Research 
Triangle Park, NC 27709, proposes to increase the established tolerance 
in 40 CFR 180.589 for residues of the fungicide, boscalid (BAS 510F); 
3-pyridinecarboxamide, 2-chloro-N-(4'-chloro(1,1'-biphenyl)-2-yl), in 
or on banana, import from 0.2 ppm to 0.5 ppm. In plants, the parent 
residue is extracted using an aqueous organic solvent mixture followed 
by liquid/liquid partitioning and a column clean up. Quantitation is by 
gas chromatography using mass spectrometry (GC/MS). In livestock the 
residues are extracted with methanol. The extract is treated with 
enzymes in order to release the conjugated glucuronic acid metabolite. 
The residues are then isolated by liquid/liquid partition followed by 
column chromatography. The hydroxylated metabolite is acetylated 
followed by a column clean-up. The parent and acetylated metabolite are 
quantitated by gas chromatography with electron capture detection. 
Contact: Bryant Crowe, (703) 305-0025, [email protected].
     2. PP 8F7388. (EPA-HQ-OPP-2008-0688). Dow AgroSciences, LLC, 9330 
Zionsville Rd., Indianapolis, IN 46268, proposes to decrease the 
established tolerances in 40 CFR 180.635 for residues of the 
insecticide, spinetoram, expressed as a combination of XDE-175-J: 1-H-
as-indaceno[3,2-d]oxacyclododecin-7,15-dione, 2-[(6-deoxy-3-O-ethyl-
2,4-di-O-methyl-a-L-mannopyranosyl)oxy] -13-[[ (2R,5S,6R)-5-
(dimethylamino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl -
2,3,3a,4,5,5a,5b,6,9,10,11,12,13,14,16a,16b-hexadecahydro 14-methyl-, 
(2R,3aR,5aR,5bS,9S,13S, 14R,16aS,16bR); XDE-175-L: 1H-as-indaceno[3,2-
d]oxacy clododecin-7,15-dione, 2-[(6-deoxy-3-O-ethyl-2,4-di-O-methyl-a-
L-mannopyranosyl) oxy]-13-[[(2R,5S,6R) -5- (dimethylamino)tetrahydro- 
6-methyl-2H-pyran-2-yl]oxy]-9-ethyl- 2,3,3a,5a,5b,6,9,10,11, 
12,13,14,16a,16b-tetradecahydro-4,14-dimethyl-, (2S,3aR,5aS,5bS,9S,13S, 
14R,16aS,16bS); ND-J:(2R,3aR,5aR,5bS,9S,13S, 14R,16aS,16bR) -9-ethyl-
14-methyl-13- [[(2S,5S,6R)-6-methyl- 5-(methylamino) tetrahydro- 2H-
pyran-2-yl]oxy]-7, 15-dioxo-

[[Page 65852]]

2,3,3a,4,5,5a,5b, 6,7,9,10,11, 12,13,14,15, 16a,16b-octadecahydro- 1H-
as-indaceno[3,2-d] oxacyclododecin-2-yl 6-deoxy- 3-O-ethyl-2,4-di-O-
methyl- alpha-L-mannopyranoside; and NF-J: (2R,3S,6S)-6- ([(2R, 
3aR,5aR,5bS,9S,13S,14R, 16aS, 16bR)-2- [(6-deoxy-3-O-ethyl-2,4-di-O-
methyl-alpha-L-mannopyranosyl) oxy]-9-ethyl-14-methyl- 7,15-dioxo- 
2,3,3a,4,5,5a,5b,6,7,9, 10,11,12,13,14,15,16a,16b- octadecahydro-1H-as-
indaceno [3,2-d]oxacyclododecin-13-yl]oxy) -2-methyltetrahydro-2H-
pyran-3-yl(methyl)formamide, in or on nut trees, group 14 and 
pistachios from 0.4 ppm to 0.02 ppm and increase the established 
tolerances for almond, hulls from 2.0 ppm to 3.5 ppm. Per the Federal 
Register of October 10, 2007 (72 FR 57492) (FRL-8149-9), EPA has 
determined adequate analytical methods are available for enforcement 
purposes for spinetoram in plant and animal matrices. The independent 
laboratory validation data were acceptable. Specific to the 
determination of residues for tree nuts, spinetoram and its metabolites 
were determined using liquid chromatography with positive-ion 
atmospheric pressure chemical ionization tandem mass spectrometry (LC/
MS/MS) using the method GRM 05.04. The limit of detection (LOD) and 
limit of quantitation (LOQ) in almonds and pecans were 0.003 g/g and 
0.01 g/g, respectively. Contact: Carmen Rodia, (703) 306-0327, 
[email protected].

New Exemptions from an Inert Tolerance

     1. PP 8E7377. (EPA-HQ-OPP-2008-0618). BASF Corporation, 100 Campus 
Dr., Florham Park, NJ 07932, proposes to establish an exemption from 
the requirement of a tolerance in 40 CFR 180.960 for residues of the 2-
propenoic acid, 2-hydroxyethyl ester, polymer with alpha-[4-
(ethenyloxy)butyl]-omega-hydroxypoly(oxy-1,2-ethanediyl)(CAS No. 
1007234-89-0) when used as a pesticide inert ingredient as a dispersant 
in pesticide formulations without limitation. 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 8E7378. (EPA-HQ-OPP-2008-0619). BASF Corporation, 100 Campus 
Dr., Florham Park, NJ 07932, proposes to establish an exemption from 
the requirement of a tolerance in 40 CFR 180.960 for residues of the 2-
propenoic acid, polymer with alpha-[4-(ethenyloxy)butyl]-omega-
hydroxypoly(oxy-1,2-ethanediyl) and 2,5-furandione, sodium salt (CAS 
No. 251479-97-7) when used as a pesticide inert ingredient as a 
dispersant in pesticide formulations without limitation. 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 8E7379. (EPA-HQ-OPP-2008-0620). BASF Corporation, 100 Campus 
Dr., Florham Park, NJ 07932, proposes to establish an exemption from 
the requirement of a tolerance in 40 CFR 180.960 for residues of the 2-
propenoic acid, monoester with 1,2-propanediol, polymer with alpha-[4-
(ethenyloxy)butyl]-omega-hydroxypoly(oxy-1,2-ethanediyl) and 2,5-
furandione (CAS No. 955015-23-3) when used as a pesticide inert 
ingredient as a dispersant in pesticide formulations without 
limitation. 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].
     4. PP 8E7380. (EPA-HQ-OPP-2008-0621). BASF Corporation, 100 Campus 
Dr., Florham Park, NJ 07932, proposes to establish an exemption from 
the requirement of a tolerance in 40 CFR 180.960 for residues of the 2-
propenoic acid, polymer with alpha-[4-(ethenyloxy)butyl]-omega-
hydroxypoly(oxy-1,2-ethanediyl), sodium salt (CAS No. 250591-84-5) when 
used as a pesticide inert ingredient as a dispersant in pesticide 
formulations without limitation. 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].
     5. PP 8E7381. (EPA-HQ-OPP-2008-0617). BASF Corporation, 100 Campus 
Dr., Florham Park, NJ 07932, proposes to establish an exemption from 
the requirement of a tolerance in 40 CFR 180.960 for residues of the 2-
propenoic acid, polymer with alpha-[4-(ethenyloxy)butyl]-omega-
hydroxypoly(oxy-1,2-ethanediyl) and 1,2-propanediol mono-2-propenoate, 
potassium sodium salt (CAS No. 518026-64-7) when used as a pesticide 
inert ingredient as a dispersant in pesticide formulations without 
limitation. 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: October 20, 2008.
 Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E8-26265 Filed 11-4-08; 8:45 am]
BILLING CODE 6560-50-S