[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Notices]
[Pages 54043-54045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25347]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0802; FRL-8795-7]
Notice of Receipt of a Pesticide Petition Filed for Residues of a
Pesticide Chemical 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 an initial
filing of a pesticide petition proposing the establishment/modification
of regulations for residues of the biochemical pesticide 2,6-
diisopropylnaphthalene (2,6-DIPN) in or on various food commodities.
DATES: Comments must be received on or before November 2, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0802 and the pesticide petition (PP) number
9F7626, 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 docket ID number EPA-HQ-OPP-
2009-0802 and the pesticide petition number 9F7626. 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
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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: Leonard Cole, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 305-5412; e-mail
address: [email protected].
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 under FOR FURTHER INFORMATION
CONTACT.
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
biochemical pesticide discussed in this document, compared to the
general population.
II. What Action is the Agency Taking?
EPA is announcing receipt of a pesticide petition filed under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, proposing the establishment/modification of regulations in
40 CFR part 180 for residues of the biopesticide chemical 2,6-DIPN in
or on various food commodities. EPA has determined that the pesticide
petition described in this notice contains 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 supports granting of the petition. Additional data may be
needed before EPA can make a final determination on this petition.
Pursuant to 40 CFR 180.7(f), a summary of the petition that is the
subject of this notice, prepared by the petitioner, is included in a
docket EPA has created for this rulemaking. The docket for this
petition 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/
modification of regulations for residues of 2,6-DIPN in or on various
food commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.
EPA has received a pesticide petition PP 9F7626 from Loveland
Products Inc., 7251 W. 4th Street, Greeley, CO 80634 proposing pursuant
to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C.346a(d) to amend 40 CFR part 180 by establishing permanent
tolerances for residues of the biochemical pesticide 2,6-DIPN in or on
the following food commodities: Cattle, fat at 0.8 ppm; cattle, liver
at 0.3 ppm; cattle, meat at 0.1 ppm; cattle, meat byproducts at 0.1
ppm; goat, fat at 0.8 ppm; goat, liver at 0.3 ppm; goat, meat at 0.1
ppm; goat, meat byproducts at 0.1 ppm; hog, fat at 0.8 ppm; hog, liver
at 0.3 ppm; hog, meat at 0.1 ppm; hog, meat byproducts at 0.1 ppm;
horse, fat at 0.8 ppm; horse, liver at 0.3 ppm; horse, meat at 0.1 ppm;
horse, meat byproducts at 0.1 ppm; milk at 0.1 ppm;
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potato at 2.0 ppm; potato, wet peel at 6.0 ppm; sheep, fat at 0.8 ppm;
sheep, liver at 0.3 ppm; sheep, meat at 0.1 ppm; and sheep, meat
byproducts at 0.1 ppm. The proposed tolerance levels are based on
results of studies on the magnitude of 2,6-DIPN in potatoes and
processed potatoes and in livestock edible commodities. EPA issued a
final rule, published in the Federal Register of September 1, 2006 (71
FR 52003) (FRL-8081-9), which announced that it established time-
limited tolerances for residues of the biochemical pesticide 2,6-DIPN
in or on the above-listed commodities, with an expiration date of
August 1, 2009. Because of a then-existing data gap, all initial
tolerances were time-limited. The time limitation was established to
provide sufficient time for the development and review of additional
data, specifically a study on the nature of 2,6-DIPN residues in
potatoes and animals, an independent laboratory validation of
analytical methods in animal tissues, and a multiresidue method tryout.
Loveland Products Inc. submitted the study on the nature of the
residues in plants and animals on July 24, 2009, and a multiresidue
method tryout report on October 8, 2009.
EPA is providing a shortened comment period of 10 days on this
notice of filing. EPA is expediting action on this petition because the
time-limited tolerances for 2,6-DIPN have expired. EPA has determined
that 2,6-DIPN is a reduced risk pesticide and, given its wide-scale use
on potatoes in cold storage, that it is in the public interest to have
this reduced risk pesticide available as soon as possible for use on
this valuable commodity. Application of 2,6-DIPN on stored potatoes
decreases the number of applications necessary for a conventional
pesticide on stored potatoes, thus posing less risks and providing
better efficacy. EPA has previously evaluated the toxicity of 2,6-DIPN
and determined that there is a reasonable certainty that no harm will
result from dietary exposure to residues of 2,6-DIPN at the requested
tolerance levels. Thus, EPA does not anticipate receiving any adverse
comments on the subject petition. For these reasons, EPA is expediting
the processing of this petition and is confident that a shortened 10-
day comment period on the petition is appropriate.
List of Subjects
Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.
Dated: October 15, 2009.
Keith A. Matthews,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. E9-25347 Filed 10-20-09; 8:45 am]
BILLING CODE 6560-50-S