[Federal Register Volume 74, Number 86 (Wednesday, May 6, 2009)]
[Notices]
[Pages 20947-20950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10503]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0045; FRL-8412-7]


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 June 5, 2009.

ADDRESSES: Submit your comments, identified by the 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,

[[Page 20948]]

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.
    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 a typical 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

[[Page 20949]]

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 8F7455. (EPA-HQ-OPP-2009-0141). Dow AgroSciences, 9330 
Zionsville Road, Indianapolis, IN 46268, proposes to establish a 
tolerance in 40 CFR part 180 for the combined residues of the herbicide 
aminopyralid (XDE-750: 4-amino-3,6-dichloropyridine-2-carboxylic acid) 
and its glucose conjugate, expressed as total parent in or on corn, 
forage at 0.30 parts per million (ppm); corn, grain at 0.20 ppm; corn, 
stover at 0.20 ppm. Adequate analytical methods for enforcement 
purposes are available to monitor residues of aminopyralid in corn 
commodities, milk, meat and meat by-products. The analytical method 
uses liquid chromatography and positive ion electrospray tandem 
spectrometry (LC/MS/MS) with limits of quantitation (LOQ) of 0.01 ppm. 
The methods had been successfully validated independently by outside 
laboratories. Aminopyralid had also been tested through the Food and 
Drug Administration (FDA), Multi-Residue Methodology, Protocols C, D, 
and E. Contact: Kathyrn Montague, (703) 305-1243, 
[email protected].
    2. PP 9F7513. (EPA-HQ-OPP-2009-0261). E. I. DuPont de Nemours and 
Company, Inc., DuPont Crop Protection (S300/427), Stine-Haskell 
Research Ctr., 1090 Elkton Rd., P.O. Box 30, Newark, DE 19714-0030, 
proposes to establish a tolerance in 40 CFR part 180 for residues of 
the insecticide chlorantraniliprole, 3-bromo-N-[4-chloro-2-methyl-6-
[(methylamino)carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-pyrazole-5-
carboxamide in or on vegetables, tuberous and roots corm, subgroup 1C 
at 0.01 ppm; corn, sweet; poultry, fat; poultry, meat; and poultry, 
meat byproducts at 0.02 ppm; corn, field, grain; corn, pop; nut, tree, 
group 14; and pistachio at 0.04 ppm; cattle, meat; goat, meat; horse, 
meat; milk; and sheep, meat at 0.05 ppm; corn, processed commodities; 
egg; peanut; and Ti palm, roots at 0.1 ppm; cacao bean, bean; and rice, 
grain at 0.15 ppm; cattle, meat byproducts, except liver; goat, meat 
byproducts, except liver; horse, meat byproducts, except liver; and 
sheep, meat byproducts, except liver at 0.2 ppm; cattle, fat; cattle, 
liver; crambe; goat, fat; goat, liver; hare's ear mustard; horse, fat; 
horse, liver; jojoba; lesquerella; lunaria; milkweed; mustard; oil 
radish; poppy seed; rapeseed/canola; rice, hulls; rice, straw; rose 
hip; sesame; sheep, fat; sheep; liver; tallowwood; and tea oil plant at 
0.3 ppm; cattle, meat; coffee, bean, green at 0.5 ppm; okra at 0.7 ppm; 
strawberry at 1 ppm; fruit, pome, group 11 at 1.2 ppm; cacao, roasted 
beans; and fruit, citrus, group 10 at 1.4 ppm; pineapple at 1.5 ppm; 
fruit, caneberry, subgroup 13-07A at 1.8 ppm; acerola; corn, aspirated 
grain fractions; jaboticaba; lychee; papaya; passionfruit; and 
vegetables, legume, group 6, except soybeans at 2 ppm; apple, wet 
pomace; coffee, instant; fruit, small vine climbing, subgroup 13-07D at 
2.5 ppm; chocolate; cocoa powder; and pineapple process residue at 3 
ppm; non-grass animal feeds, group 18, seeds at 3.5 ppm; artichoke; 
atemoya; avocado; banana; biriba; black sapote; canistel; cherimoya; 
custard apple; feijoa; figs; fruit, stone, group 12; guava; llama; 
longan; mango; olive; persimmon; pomegranate; pulasan; rambutan; 
sapodilla; sapote, mamey; soursop; spanish lime; star apple; starfruit; 
sugar apple; wax jambu; white sapote (casimiroa) and other cultivars 
and/or hybrids at 4 ppm; almond, hull; and raisins at 5 ppm; herbs and 
spices, subgroup 19B, spices at 7 ppm; crayfish at 8 ppm; mint at 9 
ppm; vegetables, Brassica leafy, group 5 at 11 ppm; asparagus; non-
grass animal feeds, group 18, forage and fodder; prickly pear cactus; 
and Ti palm, leaves at 13 ppm; citrus, dried pulp; and sugarcane, cane 
at 14 ppm; cereal grains (forage, fodder, and straw), group 16, forage 
and fodder; grass (forage, fodder, and hay), group 17, forage and 
fodder; and herbs and spices, subgroup 19A, fresh at 25 ppm; vegetable, 
foliage of legume, group 7, forage/vines at 30 ppm; olive, oil at 40 
ppm; non-grass animal feeds, group 18, hay and straw at 45 ppm; cereal 
grains (forage, fodder, and straw), group 16, hay and straw; grass 
(forage, fodder, and hay), group 17, hay and straw; herbs and spices, 
subgroup 19A, dried; hops; peanut, hay; and vegetables, foliage of 
legume, group 7, hay at 90 ppm; and sugarcane molasses at 420 ppm. 
Analytical methods were previously submitted which permit determination 
of chlorantraniliprole residues in meat, milk, poultry and eggs at 
appropriate detection levels. Contact: Kable Bo Davis, (703) 306-0415, 
[email protected].
    3. PP 9F7530. (EPA-HQ-OPP-2009-0262). Valent U.S.A. Corporation, 
P.O. Box 8025, Walnut Creek, CA 94596 (as Agent for Sumitomo Chemical 
Company, Ltd.), proposes to establish a tolerance in 40 CFR part 180 
for residues of the insecticide clothianidin (E)-1-(2-chloro-1,3-
thiazol-5-ylmethyl)-3-methyl-2-nitroguanidine in or on fig at 0.05 ppm 
and pomegranate at 0.2 ppm. Adequate enforcement methodology (liquid 
chromatography/mass spectroscopy/mass spectroscopy, LC/MS/MS analysis) 
is available to enforce the tolerance expression. Contact: Kable Bo 
Davis, (703) 306-0415, [email protected].
    4. PP 9F7535. (EPA-HQ-OPP-2009-0205). Valent U.S.A. Corporation, 
1600 Riviera Ave., Suite 200, Walnut Creek, CA 94596, proposes to 
establish a tolerance in 40 CFR part 180 for residues of the herbicide 
imazosulfuron, (2-chloro-N-[[(4,6-dimethoxy-2-
pyrimidinyl)amino]carbonyl] imidazo-[1,2-a]pyridine-3-sulfonamide in or 
on pepper, bell, fruit at 0.02 ppm; pepper, non-bell, fruit at 0.02 
ppm; rice, grain at 0.02 ppm; and tomato, fruit at 0.02 ppm. An 
independently validated analytical method has been submitted for 
analyzing parent imazosulfuron residues with appropriate sensitivity in 
all crop commodities for which tolerances are being requested. Contact: 
Bethany Dalrymple, (703) 347-8072, [email protected].

New Tolerance Exemptions

    1. PP 8E7354. (EPA-HQ-OPP-2009-0213). Valent BioSciences 
Corporation, 870 Technology Way, Libertyville, IL 60048, proposes to 
establish an exemption from the requirement of a tolerance for residues 
of 1,2,3-propanetriol, homopolymer, diisooctadecanoate (CAS No. 63705-
03-3) in or on animals used for food when used as a pesticide inert 
ingredient emulsifier in pesticide formulations under 40 CFR 180.930. 
The petitioner believes no analytical method is needed because this 
petition is a request for an exemption from the requirement of a 
tolerance and no analytical method is required. Contact: Elizabeth 
Fertich, (703) 347-8560, [email protected].
    2. PP 8E7484. (EPA-HQ-OPP-2009-0129). Becker Underwood, Inc., 801 
Dayton Avenue, Ames, IA 50010, proposes to establish an exemption from 
the requirement of a tolerance for residues of Carbon Black (CAS No. 
1333-86-4) in or on raw agricultural commodity seeds used to grow 
agricultural crops when used as a pesticide inert ingredient as a seed 
colorant in pesticide formulations. The petitioner believes no 
analytical method is needed because this petition is a request for an 
exemption from the requirement of a tolerance and no analytical method 
is required. Contact:

[[Page 20950]]

Elizabeth Fertich, (703) 347-8560, [email protected].
    3. PP 9E7541. (EPA-HQ-OPP-2009-0256). BASF Corporation, 100 Campus 
Dr., Florham Park, NJ 07932, proposes to establish an exemption from 
the requirement of a tolerance for residues of 2-Propenoic acid, 2-
methyl-, polymers with Bu acrylate, Et acrylate, Me methacrylate and 
polyethylene glycol methacrylate C16-18-alkyl ethers (CAS No. 890051-
63-5) under 40 CFR 180.960 when used as a pesticide inert ingredient as 
a surfactant in pesticide formulations without limitation. The 
petitioner believes no analytical method is needed because this 
petition is a request for an exemption from the requirement of a 
tolerance and no analytical method is required. Contact: Alganesh 
Debesai, (703) 308-8353, [email protected].

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives, 
Food additives, Pesticides and pests, Reporting and recordkeeping 
requirements.

    Dated: April 23, 2009.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E9-10503 Filed 5-5-09; 8:45 am]
BILLING CODE 6560-50-S