[Federal Register: September 5, 2008 (Volume 73, Number 173)]
[Notices]               
[Page 51817-51819]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se08-50]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0046; FRL-8380-4]

 
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 
filing 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 6, 2008.

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

[[Page 51818]]

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 is listed at the end 
of each pesticide petition summary and may be contacted by telephone or 
e-mail. The mailing address for each contact person listed is: 
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 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 180 for residues of pesticide chemicals in 
or on various food commodities. EPA has determined that the pesticide 
petitions described in this document 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 8F7373. (EPA-HQ-OPP-2008-0126). Chemtura Corporation, 199 
Benson Road, Middlebury, CT 06749, proposes to establish a tolerance 
for residues of the insecticide bifenazate, hydrazine carboxylic acid, 
2-(4-methoxy-[1,1'-biphenyl]-3-yl) 1-methylethyl ester, in or on corn, 
grain at 0.02 part per million (ppm); corn, sweet, kernel plus cob with 
husks removed at 0.05 ppm; corn, forage at 25 ppm; corn, stover at 13 
ppm; and aspirated grain fractions at 0.7 ppm. The analytical method 
was designed to convert all residues of D3598, a significant 
metabolite, to the parent compound (bifenazate) for analysis. The 
method utilizes reversed phase high performance liquid chromatography 
(HPLC) to separate the bifenazate from matrix derived interferences, 
and oxidative coulometric electrochemical

[[Page 51819]]

detection for the identification and quantification of this analyte. 
The limit of quantitation (LOQ) for bifenazate in corn matrices and 
processed commodities was 0.01 ppm. The limit of detection (LOD) for 
the method is set at 0.005 ppm. The method has also been validated by 
liquid chromatography/mass spectrometry/mass spectroscopy (LC/MS/MS), 
and used for the confirmation of residues for corn raw agricultural 
commodities (RAC) and processed commodities. The analytical method for 
bifenazate and its major metabolite D3598, in animal tissues was 
designed using the same principles invoked in the plant method, with 
minor modifications. However, in animal tissue samples, a separate 
aliquot of the extract was used to determine residues of A1530, and its 
sulfate (combined) in milk and meat samples (as these metabolites 
appeared to be significant in the goat metabolism studies). The extract 
was subjected to acid hydrolysis to convert the sulfate conjugate to 
A1530, before it was quantified by LC/MS/MS. Another metabolite, D9569, 
was also monitored in milk by LC/MS/MS. Contact: Amer Al-Mudallal, 
(703) 605-0566; al-mudallal.amer@epa.gov.
    2. PP 8F7395. (EPA-HQ-OPP-2008-0646). 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 for residues of the 
insecticide clothianidin, (E)-1-(2-chloro-1,3-thiazol-5-ylmethyl)-3-
methyl-2-nitroguanidine, in or on almond, hull at 1.5 ppm; cotton, seed 
at 0.25 ppm; cotton, gin trash at 4.5 ppm; cotton, meal at 0.25 ppm; 
cotton, hull at 0.25 ppm; cotton, refined oil at 0.01 ppm; soybean, 
seed at 0.03 ppm; soybean, hull at 0.35 ppm; soybean, meal at 0.07 ppm; 
soybean, oil at 0.01 ppm; tomato, paste at 0.08 ppm; tomato, puree at 
0.07 ppm; nut, tree, group 14 at 0.01 ppm; vegetable, cucurbit, group 9 
at 0.05 ppm; and vegetable, fruiting, group 8 at 0.25 ppm; and 
clothianidin, (E)-1-(2-chloro-1,3-thiazol-5-ylmethyl)-3-methyl-2-
nitroguanidine and its metabolite, N-(2-chlorothiazol-5-ylmethyl)-N'-
methylguanidine (TMG), in or on vegetable, leafy, brassica, group 5 at 
3.0 ppm; and vegetable, leafy, except brassica, group 4 at 3.5 ppm. 
Adequate enforcement methodology LC/MS/MS analysis is available to 
enforce the tolerance expression. Contact: Kable Davis, (703) 306-0415; 
davis.kable@epa.gov.

New Exemption from an Inert Tolerance

     PP 8E7402. (EPA-HQ-OPP-2008-0652). Falcon Lab, LLC, 1103 Norbee 
Drive, Wilmington, DE 19803, proposes to establish an exemption from 
the requirement of a tolerance in 40 CFR 180.910 and 40 CFR 180.950 for 
residues of ammonium salts of higher fatty acids, [C8-
C18 saturated and C8-C12 unsaturated, 
(CAS No. 84776-33-0)], when used as a pesticide inert ingredient in 
pesticide formulations in or on all food commodities. 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; samek.karen@epa.gov.

List of Subjects

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

    Dated: August 27, 2008.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E8-20519 Filed 9-5-08; 8:45 am]

BILLING CODE 6560-50-S