[Federal Register: March 12, 2008 (Volume 73, Number 49)]
[Notices]
[Page 13225-13228]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr08-76]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0046; FRL-8354-6]
Notice of Filing of Pesticide Petitions 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 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 April 11, 2008.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0046 and the pesticide petition number (PP)
of interest, by one of the following methods:
[[Page 13226]]
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'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 EPA-OPP-2008-0046 the
assigned docket ID number and the pesticide petition number of
interest. 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 in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
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. Publicly available docket materials are available
electronically 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: The person listed at the end of the
pesticide petition summary of interest.
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.
II. Docket ID Numbers
When submitting comments, please use the docket ID number and the
pesticide petition number of interest, as shown in the table.
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PP Number Docket ID Number
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PP 7E7280 EPA-HQ-OPP-2007-1192
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PP 7E7281 EPA-HQ-OPP-2007-1192
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PP 7E7282 EPA-HQ-OPP-2007-1191
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PP 7E7283 EPA-HQ-OPP-2007-1191
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PP 7E7308 EPA-HQ-OPP-2008-0125
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PP 8E7318 EPA-HQ-OPP-2008-0126
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PP 0F6159 EPA-HQ-OPP-2007-1021
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PP 7F7301 EPA-HQ-OPP-2008-0139
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PP 7E7281 EPA-HQ-OPP-2007-1192
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[[Page 13227]]
PP 7E7283 EPA-HQ-OPP-2007-1191
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PP 7E7305 EPA-HQ-OPP-2008-0095
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PP 8E7321 EPA-HQ-OPP-2008-0096
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III. What Action is the Agency Taking?
EPA is printing notice of the filing of pesticide petitions
received 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 notice contain data or information
regarding the elements set forth 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 rules on these
pesticide petitions.
Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
included in 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.
A. New Tolerance
1. and 2. PPs 7E7280 and 7E7281. (EPA-HQ-OPP-2007-1192).
Interregional Research Project 4 (IR-4), 500 College Road
East, Suite 201 W, Princeton, NJ 08540, proposes to establish a
tolerance for residues of the fungicide famoxadone in or on food
commodities PP 7E7280: Leaf petioles, subgroup 4B at 25 parts per
million (ppm); and PP 7E7281: Leafy greens, subgroup 4A and cilantro at
50 ppm; Bulb vegetables, group 3-07 at 40 ppm; and caneberry, subgroup
13-07A at 10 ppm. An analytical enforcement method is available for
determining famoxadone plant residues in or on potatoes, cucurbit
vegetables (cucumbers, melons, and squash), fruiting vegetables
(tomatoes, peppers), and head lettuce using gas-liquid chromatography
(GC) with nitrogen phosphorus detection (NPD). The method is applicable
to high and medium moisture, oily and non-oily crops and related
matrices. The limit of quantitation (LOQ) is 0.02 ppm. The LOQ is 0.02
ppm for leafy vegetables and green onion. The LOQ is 0.05 ppm for dry
bulb onion. The analytical enforcement for use on tomato processed
fractions and also the RAC, tomato, utilizes column switching liquid
chromatography with ultraviolet (UV) detection. The LOQ is 0.02 ppm.
The LOQ in each method allows monitoring of crops with famoxadone
residues at or above the levels proposed in these tolerances. Contact:
Susan Stanton, (703) 305-5218, stanton.susan@epa.gov.
3. and 4. PPs 7E7282 and 7E7283. (EPA-HQ-OPP-2007-1191).
Interregional Research Project 4 (IR-4), 500 College Road
East, Suite 201 W, Princeton, NJ 08540, proposes to establish a
tolerance for residues of the fungicide cymoxanil; 2-cyano-N-
[(ethylamino)carbonyl]-2-(methoxyimino)acetamide in or on food
commodities PP 7E7282: Leaf petioles, subgroup 4B at 6 ppm; and PP
7E7283: Leafy greens, subgroup 4A and Cilantro at 19 ppm; bulb
vegetables, group 3-07 at 1.1 ppm; and Caneberry, subgroup 13-07A at 4
ppm. An analytical enforcement method is available for determining
these plant residues by high performance level chromatography (HPLC)
with ultraviolet (UV) detection. The limit of quantitation allows
monitoring of crops with cymoxanil residues at or above the levels
proposed in these tolerances. The LOQ is 0.05 ppm for cymoxanil.
Contact: Susan Stanton, (703) 305-5218, stanton.susan@epa.gov.
5. PP 7E7308. (EPA-HQ-OPP-2008-0125). FMC Corporation, 1735 Market
Street, Philadelphia, PA 19103, and Interregional Research No. 4 ( IR-
4) Rutgers, The State University of New Jersey, 500 College Road East,
Suite 201-W, Princeton, NJ 08540, proposes to establish a tolerance for
residues of the herbicide sulfentrazone (N-[2,4-dichloro-5-[4-
(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-
yl]phenyl]-methanesulfonamide) and its metabolites 3-hydroxymethyl-
sulfentrazone (N-[2,4-dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-
hydroxymethyl-5-oxo-1H-1,2,4-triazol-1-yl]phenyl]methanesulfonamide)
and 3-desmethyl sulfentrazone (N-[2,4-dichloro-5-[4-(difluoromethyl)-
4,5-dihydro-5-oxo-1H-1,2,4-triazol-1-yl]phenyl]methanesulfonamide) in
or on food commodities brassica, head and stem, subgroup 5A at 0.20
ppm; brassica, leafy greens, subgroup 5B at 0.35 ppm; melon, subgroup
9A at 0.10 ppm; vegetable, fruiting, group 8 at 0.05 ppm; okra at 0.05
ppm; pea, succulent at 0.05 ppm; flax at 0.05 ppm; strawberry at 0.05
ppm, and vegetable, tuberous and corm, subgroup 1C at 0.15 ppm There is
a practical analytical method for detecting and measuring levels of
sulfentrazone and its metabolites in or on food with a limit of
detection that allows monitoring of food with residues at or above the
levels set in these tolerances. The proposed analytical method for
determining residues is hydrolysis followed by gas chromatographic
separation. Contact: Shaja R. Brothers, (703) 308-3194,
brothers.shaja@epa.gov.
6. PP 8E7318. (EPA-HQ-OPP-2008-0126). Interregional Research
Project 4 (IR-4), 500 College Road East, Suite 201 W,
Princeton, NJ 08540, proposes to establish a tolerance for residues of
the insecticide bifenazate and its metabolite, diazinecarboxylic acid,
2-(4-methoxy-[1,1'-biphenyl]-3-yl), 1-methylethyl ester (expressed as
bifenazate) in or on food commodities bean dry, seed at 0.2 ppm; grass,
forage, fodder and hay, group 17, forage at 140 ppm; and grass, forage,
fodder and hay, group 17, hay at 120 ppm. Chemtura Corporation has
developed practical analytical methodology for detecting and measuring
residues of bifenazate in or on raw agricultural commodities. As D3598,
a significant metabolite, was found to interconvert readily to/from
bifenazate, the analytical method was designed to convert all residues
of D3598 to the parent compound (bifenazate) for analysis. The method
utilizes reversed phase HPLC to separate the bifenazate from matrix
derived interferences, and oxidative coulometric electrochemical
detection for the identification and quantification of this analyte.
Using this method the limit of quantitation (LOQ) for bifenazate in
stone fruit, pome fruit, grapes, strawberries, and cotton was 0.01 ppm.
For hops the LOQ was 0.05 ppm. The limit of detection for this method,
which varies with matrix, is 0.005 ppm. The analytical method for
bifenazate and its major metabolite D3598 in animal samples was
designed using the same principles invoked in the plant method, with
minor modifications. However, in animal samples, a separate aliquot of
the extract was used to determine residues of A1530 and its sulfate
(combined) in milk and meat samples (these metabolites appeared to be
significant in goat metabolism studies). The extract was subjected to
acid hydrolysis to convert the sulfate conjugate to A1530 before it was
quantified by HPLC using fluorescence or OCED detectors. Contact: Susan
Stanton, (703) 305-5218, stanton.susan@epa.gov.
7. PP 0F6159. (EPA-HQ-OPP-2007-1021). Nichino America, Inc., 4550
New Linden Hill Road, Suite 501, Wilmington, DE 19808, proposes to
establish a tolerance for the indirect or inadvertent residues of the
fungicide, flutolanil [N-(3-(1-
[[Page 13228]]
methylethoxy)phenyl)-2- (trifluoromethyl)benzamide] and its metabolite,
M-4, desisopropyl flutolanil [N-(3-hydroxyphenyl)-2-
(trifluromethyl)benzamide], expressed as 2-trifluoromethyl benzoic acid
and calculated as flutolanil in or on food commodities soybean, forage
at 9.0 ppm; soybean, hay at 2.0 ppm; soybean, seed at 0.20 ppm; wheat,
bran at 0.30 ppm; wheat, forage at 2.0 ppm; wheat, grain at 0.10 ppm;
wheat, hay at 1.0 ppm; and wheat, straw at 0.30 ppm. A previously
submitted analytical method designated AU-95R-04 (MRID 45104001), a gas
chromatography, mass spectrometry detection method has been
independently validated and is adequate for enforcement purposes for
flutolanil residue detection in soybean and wheat raw agricultural
commodities. A multi-residue method for flutolanil has been previously
submitted. This notice supersedes the previously published notice
issued in the Federal Register of January 23, 2008 (73 FR 3967) (FRL-
8345-7) for this pesticide petition (PP 0F6159). Contact: Lisa Jones,
(703) 308-9424, jones.lisa@epa.gov.
8. PP 7F7301. (EPA-HQ-OPP-2008-0139). Syngenta Crop Protection,
Inc., P.O. Box 18300, Greensboro, NC 27419-8300, proposes to establish
a tolerance for residues of the insecticide thiamethoxam {3-[(2-chloro-
5-thiazolyl)methyl] tetrahydro-5-methyl-N-nitro-4H-1,3,5-oxadiazin-4-
imine{time} (CAS Reg. No. 153719-23-4) and its metabolite [N-(2-chloro-
thiazol-5-ylmethyl)-N'-methyl-N'-nitro-guanidine] in or on food
commodities soybean, hulls at 2.0 ppm and grain, aspirated fractions at
0.08 ppm. Syngenta Crop Protection, Inc. has submitted practical
analytical methodology for detecting and measuring levels of
thiamethoxam in or on raw agricultural commodities. This method is
based on crop specific cleanup procedures and determination by liquid
chromatography with either ultraviolet (UV) or mass spectrometry (MS)
detections. The limit of detection (LOD) for each analyte of this
method is 1.25 ng injected for samples analyzed by UV and 0.25 ng
injected for samples analyzed by MS, and the limit of quantification
(LOQ) is 0.005 ppm for milk and juices, and 0.01 ppm for all other
substrates. Contact: Julie Chao, (703) 308-8735, chao.julie@epa.gov.
B. Amendment to Existing Tolerance
1. PP 7E7281. (EPA-HQ-OPP-2007-1192). Interregional Research
Project 4 (IR-4), 500 College Road East, Suite 201 W,
Princeton, NJ 08540, also proposes to remove the existing tolerances in
40 CFR 180.587 for residues of the fungicide famoxadone in or on the
food commodities lettuce, head; and caneberry, subgroup 13A at 10 parts
per million (ppm) which would be replaced by the proposed subgroup
tolerances on leafy, greens, subgroup 4A; and caneberry, subgroup 13-
07A. Contact: Susan Stanton, (703) 305-5218, stanton.susan@epa.gov.
2. PP 7E7283. (EPA-HQ-OPP-2007-1191). Interregional Research
Project 4 (IR-4), 500 College Road East, Suite 201 W,
Princeton, NJ 08540, also proposes to remove the existing tolerances in
40 CFR 180.503 for residues of the fungicide cymoxanil; 2-cyano-N-
[(ethylamino)carbonyl]-2-(methoxyimino)acetamide in or on the food
commodities lettuce, head; and caneberry at 4.0 ppm which would be
replaced by the proposed subgroup tolerances on leafy, greens, subgroup
4A; and caneberry, subgroup 13-07A. Contact: Susan Stanton, (703) 305-
5218, stanton.susan@epa.gov.
C. New Exemption from Tolerance
1. PP 7E7305. (EPA-HQ-OPP-2008-0095). Syngenta Crop Protection,
P.O. Box 18300, Greensboro, NC 27409, proposes to amend 40 CFR part 180
by establishing an exemption from the requirement of a tolerance under
40 CFR 180.910 for residues of Poly(oxy-1,2 ethanediyl),[alpha]-[2,4,6-
tris(1-phenylethyl) phenyl]-[omega]-hydroxy- (CAS Reg. No. 70559-25-0)
and Poly(oxy-1,2 ethanediyl),[alpha]-[tris(1-phenylethyl) phenyl]-
[omega]-hydroxy-, ammonium salt (CAS Reg. No. 99734-09-5), herein
referred to in this document as tristyrylphenol ethoxylates, as an
inert ingredient in post-harvest applications at a maximum of 10.0% for
each inert in an end-use product formulation. This request is specific
for the post-harvest uses of tristyrylphenol ethoxylates and not
impacting the existing pre-harvest tolerance exemption in 40 CFR
180.920 granted by the Agency for these ethoxylates with a limit of not
more than 15% of the formulation. 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.
2. PP 8E7321. (EPA-HQ-OPP-2008-0096). Solvay Chemicals, Inc., 3333
Richmond Ave., Houston, TX 77098, proposes to amend 40 CFR 180 by
establishing an exemption from the requirement of a tolerance under 40
CFR 180.960 for residues of 2-oxepanone, homopolymer (CAS Reg. No.
24980-41-4) in or on food commodities when used as a pesticide inert
ingredient in a pesticide product. 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: March 4, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E8-4967 Filed 3-11-08; 8:45 am]
BILLING CODE 6560-50-S