[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Notices]
[Pages 12856-12858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6265]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0045; FRL-8399-4]


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 
filings 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 April 24, 2009.

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, with telephone 
number and e-mail address, is listed at the end of each pesticide 
petition summary. You may also reach each contact person by mail at: 
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.

[[Page 12857]]

    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 174 or 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 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 Tolerance

     1. PP 8F7451. (EPA-HQ-OPP-2009-0007). Cheminova, One Park Drive, 
Research Triangle Park, NC 27707, proposes to establish a tolerance in 
40 CFR part 180.364 for residues of the herbicide glyphosate N-
(phosphonomethyl) glycine resulting from the application of glyphosate, 
the isopropylamine salt of glyphosate, the ethanolamine salt of 
glyphosate, the dimethylamine salt of glyphosate, the ammonium salt of 
glyphosate, and the potassium salt of glyphosate in or on cotton, gin 
by-products at 210 parts per million (ppm). Adequate enforcement 
methods are available for analysis of residues of glyphosate and its 
metabolite AMPA in or on plant commodities and in water. These methods 
include gas liquid chromatography (GLC) (Method I of PAM Vol. II; limit 
of detection is 0.05 ppm) and high performance liquid chromatography 
(HPLC) with fluorometric detection. Use of the GLC method, however, is 
being discouraged due to lengthiness of the procedure. The HPLC method 
has undergone successful EPA validation and was recommended for 
inclusion in PAM Vol. II; the limit of detection is 0.0005 ppm. For 
enforcement of tolerances in animal commodities, an HPLC method with 
fluorescence detector is available; the reported limits of detection 
are 0.01 ppm for glyphosate and 0.012 ppm for AMPA.'' Contact: Vickie 
Walters, 703-305-5704, [email protected].

New Tolerance Exemption

     1. PP 8E7465. (EPA-HQ-OPP-2008-0888). The Joint Inerts Task Force, 
Cluster Support Team 23, EPA Company Number 84951, c/o CropLife 
America, 1156 15th Street, N.W., Suite 400, Washington, DC 20005, 
proposes to establish an exemption from the requirement of a tolerance 
for residues of Polyglyceryl Phthalate Ester of Coconut Fatty Acids 
under 40 CFR Sec. 180.910, including Fatty acid coco polymers with 
glycerol and phthalic anhydride (CAS No. 67746-02-5) and Coconut oil 
polymer with glycerol and phthalic anhydride (CAS No. 66070-87-9) when 
used as pesticide inert ingredients in pesticide formulations in or on 
all raw agricultural commodities. Because this petition is a request 
for an exemption from the requirement of a tolerance, no analytical 
method is required. Contact: Kerry Leifer, 703-308-8811, 
[email protected].
     2. PP 8E7466. (EPA-HQ-OPP-2008-0890). The Joint Inerts Task Force, 
Cluster Support Team 5, EPA Company Number 84941, c/o CropLife America, 
1156 15th Street, N.W., Suite 400, Washington, DC 20005, proposes to 
establish an exemption from the requirement of a tolerance for residues 
of [alpha]-[p-(1,1,3,3-Tetramethylbutyl)phenyl]-[omega]-hydroxypoly 
(oxyethylene) produced by the condensation of 1 mole of p-(1,1,3,3-
tetramethylbutyl)phenol with a range of 1-14 or 30-70 moles of ethylene 
oxide: if a blend of products is used, the average range number of 
moles of ethylene oxide reacted to produce any product that is a 
component of the blend shall be in the range of 1-14 or 30-70 under 40 
CFR 180.910 including the following: Poly (oxy-1, 2-ethanediyl), alpha-
[4-(1,1,3,3-tetramethylbutyl)phenyl]-omega-hydroxy- (CAS No. 9036-19-5) 
and Poly (oxy-1, 2-ethanediyl), alpha-[4-(1,1,3,3-
tetramethylbutyl)phenyl]-omega-hydroxy- (CAS No. 9002-93-1) when used 
as pesticide inert ingredients in pesticide formulations. Because this 
petition is a request for an exemption from the requirement of a 
tolerance, no analytical method is required. Contact: Kerry Leifer, 
703-308-8811, [email protected].
     3. PP 8E7472. (EPA-HQ-OPP-2008-0889). The Joint Inerts Task Force, 
Cluster Support Team 8, EPA Company Number 84942, c/o CropLife America, 
1156 15th Street, N.W., Suite 400, Washington, DC 20005, proposes to 
establish an exemption from the requirement of a tolerance for the 
replacement descriptor for pre-harvest use on all agricultural crops 
under 40 CFR Sec. 180.920 and when applied to animals under 40 CFR 
Sec. 180.930 for the following amine salts of alkyl (C8-C24) 
benzenesulfonic acid (dimethylaminopropylamine, isopropylamine, mono-, 
di-, and triethanolamine), including CAS Reg Nos. 68953-97-9, 26545-53-
9, 877677-48-0, 319926-68-6, 90194-53-9, 55470-69-4, 68910-32-7, 26264-
05-1, 157966-96-6, 68584-24-7, 68648-81-7, 68649-00-3, 68953-93-5, 
90218-35-2, 27323-41-7, 68584-25-8, 68648-96-4, 68411-31-4, 90194-42-6 
and 1093628-27-3. Prior to the submission of this petition, a data 
development plan was submitted to the Agency and subsequently it was 
agreed Joint Inerts

[[Page 12858]]

Task Force, Cluster Support Team 8 that additional data be generated on 
CAS RN 26264-05-1. Because this petition is a request for an exemption 
from the requirement of a tolerance, no analytical method is required. 
Contact: Kerry Leifer, 703-308-8811, [email protected].
     4. PP 8E7478. (EPA-HQ-OPP-2008-0892). The Joint Inerts Task Force, 
Cluster Support Team 9, EPA Company Number 84943, c/o CropLife America, 
1156 15th Street, N.W., Suite 400, Washington, DC 20005, proposes to 
establish an exemption from the requirement of a tolerance for residues 
of Nonylphenol Ethoxylate (NPE) Phosphate and Sulfate Derivatives pre- 
and post-harvest (40 CFR 180.910) and animal uses (40 CFR 180.930) in 
or on all raw agricultural commodities when used as pesticide inert 
ingredients in pesticide formulations, including 40 CFR Sec. 180.910 
and 40 CFR Sec. 180.930: [alpha]-(p-Nonylphenyl)-[omega]-
hydroxypoly(oxyethylene) mixture of dihydrogen phosphate and mono 
hydrogen phosphate esters and the corresponding ammonium, calcium, 
magnesium, monoethanolamine, potassium, sodium, and zinc salts of the 
phosphate esters; the nonyl group is a propylene trimer isomer and the 
poly(oxyethylene) content averages 4-14 moles or 30 moles for CAS Reg. 
Nos. 51811-79-1, 59139-23-0, 67922-57-0, 68412-53-3, 68553-97-9, 68954-
84-7, 99821-14-4, 152143-22-1, 51609-41-7, 37340-60-6, 106151-63-7, 
68584-47-4, 52503-15-8, 68458-49-1; and 40 CFR 180.910 and 40 CFR 
180.930: [alpha]-(p-Nonylphenyl)-[omega]- hydroxypoly(oxyethylene) 
sulfate, ammonium, calcium, magnesium, potassium, sodium, and zinc 
salts; the nonyl group is propylene trimer isomer and the 
poly(oxyethylene) content averages 4 moles for CAS Reg Nos. 9014-90-8, 
9051-57-4, 9081-17-8, 68649-55-8, 68891-33-8; and 40 CFR Sec. 180.930 
[alpha]-(p-Nonylphenyl)-[omega]-hydroxypoly(oxyethylene) sulfate, and 
its ammonium, calcium, magnesium, potassium, sodium, and zinc salts; 
the nonyl group is a propylene trimer isomer and the poly(oxyethylene) 
content averages 4-14 or 30-90 moles of ethylene oxide for CAS Reg Nos. 
9014-90-8, 9051-57-4, 9081-17-8, 68649-55-8, 68891-33-8. Because this 
petition is a request for an exemption from the requirement of a 
tolerance, no analytical method is required. Contact: Kerry Leifer, 
703-308-8811, [email protected].
     5 PP 8E7494. (EPA-HQ-OPP-2008-0944). Joint Inerts Task Force, 
Cluster Support Team 20, EPA Company Number 84950, c/o CropLife 
America, 1156 15th Street, N.W., Suite 400, Washington, DC 20005, 
proposes to establish an exemption from the requirement of a tolerance 
for residues of Polyoxyethylene polyoxypropylene mono(di-sec-
butylphenyl) ether (CAS No. 69029-39-6), under 40 CFR 180.920, when 
used as a pesticide inert ingredient in herbicide formulations. It is 
proposed that the tolerance exemption is limited to use with pesticidal 
formulations that are used as herbicides. Because this petition is a 
request for an exemption from the requirement of a tolerance, no 
analytical method is required. Contact: Kerry Leifer, 703-308-8811, 
[email protected].
     6 PP 8E7405. (EPA-HQ-OPP-2008-0822). Akzo Nobel Surface Chemistry, 
LLC, 525 West Van Buren Street, Chicago, IL 60607-3823, proposes to 
establish an exemption from the requirement of a tolerance in 40 CFR 
180.920 for residues of mono-, di-, and trimethylnapthalendesulfonic 
acids and naphthalenesulfonic acids formaldehyde condensates, ammonium 
and sodium salts 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: March 12, 2009.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E9-6265 Filed 3-24-09; 8:45 am]
BILLING CODE 6560-50-S