[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Notices]
[Pages 54629-54631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22331]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0012; FRL-8843-3]


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 October 8, 2010.

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:

[[Page 54630]]

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 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 Tolerances

    1. PP 0E7731. (EPA-HQ-OPP-2010-0659). ISK BioSciences Corporation, 
7470 Auburn Road, Suite A, Concord, Ohio 44077, proposes to establish a 
tolerance in 40 CFR part 180 for residues of the fungicide pyriofenone, 
(5-chloro-2-methoxy-4-methyl-3-pyridinyl)(2,3,4-trimethoxy-6-
methylphenyl) methanone, in or on grape at 0.2 parts per million (ppm). 
A practical analytical method for pyriofenone using liquid 
chromatography-mass spectrometry/MS (LC/MS/MS) is available for 
analysis of grapes. This method has been confirmed through independent 
laboratory validation and is available for enforcement purposes. 
Contact: Heather Garvie, (703) 308-0034, e-mail address: 
[email protected].
    2. PP 0E7735. (EPA-HQ-OPP-2010-0583). Interregional Research 
Project Number 4 (IR-4) Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08450, proposes to establish tolerances in 40 CFR part 
180 for residues of the fungicide tetraconazole, 1-[2-(2,4-
dichlorophenyl)-3-(1,1,2,2-tetrafluoroethoxyl)propyl]-1 H-1,2,4-
triazole, in or on small fruit vine climbing, except fuzzy kiwifruit, 
subgroup 13-07F at 0.20 ppm; and low growing berry, subgroup 13-07G at 
0.25 ppm. Adequate enforcement methodology (capillary gas 
chromatography with electron capture detector (GC/ECD)) is available to 
enforce the tolerance expression. The method may be requested from: 
Chief, Analytical Chemistry Branch, Environmental Science Center, 701 
Mapes Rd., Ft. Meade, MD 20755-5350. Contact: Sidney Jackson, (703) 
305-7610, e-mail address: [email protected].
     3. PP 0E7743. (EPA-HQ-OPP-2010-0621). Interregional Research 
Project Number 4 (IR-4) Project Headquarters, Rutgers, The State 
University of New Jersey, 500 College Road East, Suite 201 W, 
Princeton, NJ 08450, proposes to establish tolerances in 40 CFR part 
180 for residues of the fungicide metconazole, 5-[(4-chlorophenyl)-
methyl]-2,2-dimethyl-1-(1 H -1,2,4-triazol-1-ylmethyl) cyclopentanol), 
measured as the sum of cis- and trans- isomers, in or on bushberry 
subgroup 13-07B at 0.35 ppm; and tuberous and

[[Page 54631]]

corm vegetable subgroup 1C at 0.02 ppm. Independently validated 
analytical methods have been submitted for analyzing parent metconazole 
residues with appropriate sensitivity for crops and processed 
commodities for which a tolerance is being requested. Contact: Andrew 
Ertman, (703) 308-9367, e-mail address: [email protected].
     4. PP 0F7711. (EPA-HQ-OPP-2010-0425). Bayer CropScience, 2 T.W. 
Alexander Drive, Research Triangle Park, NC 27709, proposes to 
establish tolerances in 40 CFR part 180 for residues of the insecticide 
penflufen, (1H-pyrazole-4-carboxamide, N-[2-(1,3-dimethylbutyl)phenyl]-
5-fluoro-1,3-dimethyl-), in or on alfalfa, forage and hay at 0.01 ppm; 
cotton, gin byproducts at 0.01 ppm; canola, borage, crambe, cuphea, 
echium, flax seed, gold of pleasure, hare's ear mustard, lesquerella, 
lunaria. meadowfoam, milkweed, mustard seed, oil radish, poppy seed, 
rapeseed, sesame, sweet rocket, calendula, castor oil plant, Chinese 
tallowtree, cottonseed, euphorbia, evening primrose, jojoba, niger 
seed, rose hip, safflower, stokes aster, sunflower, tallowwood, tea oil 
plant, and vernonia at 0.01 ppm; grain, cereal, group 15 at 0.01 ppm; 
grain, cereal, forage, fodder and straw, group 16 at 0.01 ppm; 
vegetable, legume, group 06 at 0.01 ppm; vegetable, foliage of legume, 
group 07 at 0.01 ppm; and vegetable, tuberous and corm, subgroup 01C at 
0.01 ppm. Tolerances are being proposed in primary crops solely for 
penflufen. The analytical method involves solvent extraction, 
filtration, and addition of an isotopically labeled internal standard 
followed by acid hydrolysis. Quantitation is by high performance liquid 
chromatography-electrospray ionization/tandem mass spectrometry (LC/MS/
MS). Contact: Marianne Lewis, (703) 308-8043, e-mail address: 
[email protected].

Amended Tolerance

     PP 0E7735. (EPA-HQ-OPP-2010-0583). Interregional Research Project 
Number 4 (IR-4) Project Headquarters, Rutgers, The State University of 
New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08450, 
proposes to delete the existing tolerance in 40 CFR 180.557 for 
residues of the fungicide tetraconazole, 1-[2-(2,4-dichlorophenyl)-3-
(1,1,2,2-tetrafluoroethoxyl)propyl]-1 H-1,2,4-triazole, in or on grape 
at 0.20 ppm since grape is included in the proposed subgroup 13-07F in 
2. under ``New Tolerance''. Contact: Sidney Jackson, (703) 305-7610, e-
mail address: [email protected].

New Tolerance Exemption

     PP 0F7687. (EPA-HQ-OPP-2004-0144). Stehekin, LLC, 1012 Good Lander 
Drive, WA 98942, proposes to amend 40 CFR 180.920 to establish an 
exemption from the requirement of a tolerance for residues of 1-
naphthaleneacetic acid, potassium and sodium salts (NAA) in or on 
potato. The analytical method for NAA was submitted to the Agency under 
EPA MRID number 445554-03 for the detection and measurement of the 
pesticide residues. Contact: Janet Whitehurst, (703) 305-6129, e-mail 
address: [email protected].

List of Subjects

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

    Dated: August 30, 2010.
 G. Jeffrey Herndon,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-22331 Filed 9-7-10; 8:45 am]
BILLING CODE 6560-50-S