[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Notices]
[Pages 27538-27541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13161]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0045; FRL-8417-7]


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

[[Page 27539]]

regulations for residues of pesticide chemicals in or on various 
commodities.

DATES: Comments must be received on or before July 10, 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.
    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

[[Page 27540]]

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 8E7505. (EPA-HQ-OPP-2009-0307). The Interregional Research 
Project Number 4 (IR-4), IR-4 Project Headquarters, 500 College Rd. 
East, Suite 201 W, Princeton, NJ 08540, proposes to establish a 
tolerance in 40 CFR part 180 for the combined residues of the 
herbicide, clethodim, ((E)-()-2-[1-[[(3-chloro-2-
propenyl)oxy]imino]propyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-
cyclohexen-1-one) and its metabolites containing the 5-(2-
(ethylthio)propyl]cyclohexen-3-one and the 5-[2-(ethylthio)propyl]-5-
hydroxycyclohexen-3-one moieties and their sulfoxides and sulfones, 
expressed as clethodim, in or on artichoke, globe at 1.3 parts per 
million (ppm); bushberry subgroup 13-07B at 3.0 ppm; caneberry subgroup 
13-07A at 0.30 ppm; and peach at 0.20 ppm. The analytical methods for 
detecting and measuring levels of clethodim have been developed and 
validated in/on all appropriate agricultural commodities and respective 
processing fractions. The limit of quantitation (LOQ) of clethodim in 
the methods is 0.2 ppm, which allows monitoring of food with residues 
at the levels proposed for the tolerances. Contact: Sidney Jackson, 
(703) 305-7610, [email protected].
     2. PPs 9E7546 and 9F7547. (EPA-HQ-OPP-2009-0273). IR-4, IR-4 
Project Headquarters, 500 College Rd. East, Suite 201 W, Princeton, NJ 
08540, proposes to establish a tolerance in 40 CFR part 180 for 
residues of the insecticide novaluron, N-[[[3-chloro-4-[1,1,2-
trifluoro-2-(trifluoromethoxy)ethoxy] phenyl]amino]carbonyl]-2,6-
difluorobenzamide in or on berry, low growing, subgroup 13-07G at 0.50 
ppm; Swiss chard at 12 ppm; bean, snap, succulent at 0.60 ppm; bean, 
dry at 0.20 ppm; vegetable, cucurbit, group 9 at 0.25 ppm; and the 
following food commodities at 1.1 ppm; cocona; eggplant, African; 
eggplant, pea; eggplant, scarlet; goji berry; huckleberry, garden; 
martynia; naranjilla; okra; roselle; sunberry; tomato, bush; tomato, 
currant; tomato, tree; and vegetable, fruiting, group 8.
    In addition, EPA received a pesticide petition, PP 9F7547, from 
Makhteshim-Agan of North America, Inc., 4515 Falls of Neuse Rd., 
Raleigh, NC 27609, proposing to establish a tolerance for residues of 
the insecticide novaluron, N-[[[3-chloro-4-[1,1,2-trifluoro-2-
(trifluoromethoxy)ethoxy] phenyl]amino]carbonyl]-2,6-difluorobenzamide 
in or on sorghum, grain at 3 ppm; sorghum, aspirated grain fractions at 
25 ppm; sorghum, forage at 6 ppm, and sorghum, stover at 40 ppm. 
Makhteshim-Agan of North America, Inc. is the manufacturer and basic 
registrant of novaluron. Makhteshim-Agan of North America, Inc., 
prepared and summarized the information in support of the subject 
pesticide petitions for novaluron.
    An adequate analytical method, gas chromatography/electron capture 
detector (GC/ECD), as published in the Federal Register of April 5, 
2006 (71 FR 65) (FRL-7756-8), is available for enforcing tolerances of 
novaluron residues in or on cucurbits, fruiting vegetables, beans (snap 
and dry), low-growing berries, Swiss chard and grain sorghum. The 
method verification trial supports a limit of quantitation (LOQ) of 
0.05 ppm, and the limit of detection (LOD) is 0.005 ppm for the 
different matrices. The LOQ = 0.05 ppm was taken as the lowest level 
validated by this method. Contacts: for PP 9E7546 - Laura Nollen, (703) 
305-7390, [email protected]; for PP 9F7547 - Jennifer Gaines, (703) 
305-5967, [email protected].
     3. PP 9E7548. (EPA-HQ-OPP-2009-0302). IR-4, IR-4 Project 
Headquarters, 500 College Rd. East, Suite 201 W, Princeton, NJ 08540, 
proposes to establish a tolerance in 40 CFR part 180 for residues of 
the insecticide diazinon in or on mushrooms at 0.75 ppm. Adequate 
analytical methodology is available for data collection and enforcing 
tolerances of diazinon. The enforcement method (AG-550 and its 
modifications) is a gas chromatography/flame photometric detector (GC/
FPD) method that can be used for determination of residues of diazinon, 
diazoxon and hydroxyl diazinon in plant and animal matrices. There is 
also a confirmatory method that uses gas chromatography/mass 
spectrometry (GC/MS). The FDA PESTDATA database dated 1/94 (PAM Vol. 1, 
Appendix I) indicates diazinon is completely recovered using FDA Multi-
residue Protocols D and E (PAM, Vol. 1 Sections 232.4 and 311.1/212.2). 
Diazoxon and hydroxyl diazinon are also completely recovered using 
protocol D. Contact: Susan Stanton, (703) 305-5218, 
[email protected].
     4. PP 8F7500. (EPA-HQ-OPP-2009-0139). Bayer CropScience, P. O. Box 
12014, 2 T. W. Alexander Dr., Research Triangle Park, NC 27709, 
proposes to establish a tolerance in 40 CFR part 180 for residues of 
the insecticide spirodiclofen (3-(2,4-dichlorophenyl)-2-oxo-1-
oxaspiro[4,5]dec-3-en-4-yl 2,2-dimethylbutanoate) in or on avocado and 
the tropical fruit subgroup which can be surrogated with avocado data, 
i.e. black sapote, canistel, mamey sapote, mango, papaya, sapodilla, 
and star apple at 1.3 ppm. Adequate analytical methodology using liquid 
chromatography/mass spectrometry/mass spectrometry (LC/MS/MS) detection 
is available. Contact: Rita Kumar, (703) 308-8291, [email protected].
    5. PP 9F7537. (EPA-HQ-OPP-2009-0263). Bayer CropScience LLC, 2 T. 
W. Alexander Dr., Research Triangle Park, NC 27709, proposes to 
establish a tolerance in 40 CFR part 180 for residues of the 
insecticide spirotetramat (cis-3-(2,5-dimethlyphenyl)-8-methoxy-2-oxo-
1-azaspiro[4.5]dec-3-en-4-yl-ethyl carbonate]) and its metabolites BYI 
08330-enol (cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-methoxy-1-
azaspiro[4.5]dec-3-en-2-one), BYI 08330-ketohydroxy (cis-3-(2,5-

[[Page 27541]]

dimethylphenyl)-3-hydroxy-8-methoxy-1-azaspiro[4.5]decane-2,4-dione), 
BYI08330-enol-Glc (cis-3-(2,5-dimethylphenyl)-8-methoxy-2-oxo-1-
azaspiro[4.5]dec-3-en-4-yl beta-D-glucopyranoside), and BYI 08330-mono-
hydroxy (cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-methoxy-1-
azaspiro[4.5]decan-2-one), calculated as spirotetramat equivalents in 
or on pistachio at 0.25 ppm; cotton, undelinted seed at 0.4 ppm; 
acerola, atemoya, avocado, birida, black sapote, canistel, cherimoya, 
custard apple, feijoa, jaboticaba, guava, ilama, longan, mamey sapote, 
mango, passionfruit, persimmon, pulasan, rambutan, sapodilla, soursop, 
spanish lime, star apple, starfruit, sugar apple, wax jambu, and white 
sapote at 1.5 ppm; okra at 2.5 ppm; soybean at 3 ppm, vegetables, 
legume, group 06 (except soybean) at 4 ppm; plum, prune, dried at 4.5 
ppm; vegetables, foliage of legume, except soybean, subgroup 07A at 5 
ppm; cotton, gin byproducts at 7 ppm; soybean, forage at 9 ppm; 
soybean, aspirated grain fractions at 10 ppm; lychee at 12 ppm; and 
soybean, hay at 16 ppm. Spirotetramat residues are quantified in raw 
agricultural commodities by high pressure LC/MS/MS using the stable 
isotopically labeled analytes as internal standards. The LOQ for each 
analyte was 0.01 ppm for all commodities. Contact: Rita Kumar, (703) 
308-8291, [email protected].

Amended Tolerance

     PP 9F7547. (EPA-HQ-OPP-2009-0273). Makhteshim-Agan of North 
America, Inc., 4515 Falls of Neuse Rd., Raleigh, NC 27609, proposes to 
amend the tolerances in 40 CFR 180.598 by requesting to increase the 
established livestock tolerances for residues of the insecticide 
novaluron, N-[[[3-chloro-4-[1,1,2-trifluoro-2-(trifluoromethoxy)ethoxy] 
phenyl]amino]carbonyl]-2,6-difluorobenzamide in or on poultry, fat from 
0.40 ppm to 7.0 ppm; poultry, meat from 0.03 ppm to 0.40 ppm; poultry, 
meat byproducts from 0.04 ppm to 0.80 ppm; hog, fat from 0.05 ppm to 
1.5 ppm; hog, meat from 0.01 ppm to 0.07 ppm; hog, meat byproducts from 
0.01 ppm to 0.15 ppm; and eggs from 0.05 ppm to 1.5 ppm. Makhteshim-
Agan of North America, Inc. is the manufacturer and basic registrant of 
novaluron. An adequate analytical method, GC/ECD, as published in the 
Federal Register of April 5, 2006 (71 FR 65) (FRL-7756-8), is available 
for enforcing tolerances of novaluron residues in or on cucurbits, 
fruiting vegetables, beans (snap and dry), low-growing berries, Swiss 
chard and grain sorghum. The method verification trial supports a LOQ 
of 0.05 ppm, and the LOD is 0.005 ppm for the different matrices. The 
LOQ = 0.05 ppm was taken as the lowest level validated by this method. 
Contact: Jennifer Gaines, (703) 305-5967, [email protected].

List of Subjects

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


    Dated: May 22, 2009.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E9-13161 Filed 6-9-09; 8:45 am]
BILLING CODE 6560-50-S