[Federal Register: June 1, 2005 (Volume 70, Number 104)]
[Notices]
[Page 31453-31455]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn05-69]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0103; FRL-7711-2]
[alpha]-Butyl-[omega]-hydroxypoly(oxypropylene) Block Polymer
with poly(oxyethylene); Notice of Filing a Pesticide Petition to
Establish a Tolerance for a Certain Pesticide Chemical in or on Food
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the initial filing of a pesticide
petition proposing the establishment of regulations for residues of a
certain pesticide chemical in or on various food commodities.
DATES: Comments, identified by docket identification (ID) number OPP-
2005-0103, must be received on or before July 1, 2005.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Kathleen Martin, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-2857; e-mail address: martin.kathleen@epa.gov.
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 111)
Animal production (NAICS 112)
Food manufacturing (NAICS 311)
Pesticide manufacturing (NAICS 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. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket ID number OPP-2005-0103. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall 2, 1801 S. Bell St., Arlington, VA. This docket
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The docket telephone number is (703) 305-
5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although, not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
Certain types of information will not be placed in the EPA
Dockets. Information claimed as CBI and other information whose
disclosure is restricted by statute, which is not included in the
official public docket, will not be available for public viewing in
EPA's electronic public docket. EPA's policy is that copyrighted
material will not be placed in EPA's electronic public docket but will
be available only in printed, paper form in the official public docket.
To the extent feasible, publicly available docket materials will be
made available in EPA's electronic public docket. When a document is
selected from the index list in EPA Dockets, the system will identify
whether the document is available for viewing in EPA's electronic
public docket. Although, not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility identified in Unit I.B.
EPA intends to work towards providing electronic access to all of the
publicly available docket materials through EPA's electronic public
docket.
For public commenters, it is important to note that EPA's policy
is that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
[[Page 31454]]
1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also, include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPP-2005-0103. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by e-mail to opp-docket@epa.gov,
Attention: Docket ID number OPP-2005-0103. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID number OPP-2005-0103.
3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
number OPP-2005-0103. Such deliveries are only accepted during the
docket's normal hours of operation as identified in Unit I.B.1.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
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 CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any 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 and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Make sure to submit your comments by the deadline in this
notice.
7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
II. What Action is the Agency Taking?
EPA has received a pesticide petition as follows proposing the
establishment and/or amendment of regulations for residues of a certain
pesticide chemical in or on various food commodities under section 408
of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a.
EPA has determined that this petition contains 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 petition.
Additional data may be needed before EPA rules on the petition.
List of Subjects
Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.
Dated: May 19, 2005.
Lois A. Rossi,
Director, Registration Division, Office of Pesticide Programs.
Summary of Petition
The petitioner's summary of the pesticide petition is printed
below as required by FFDCA section 408(d)(3). The summary of the
petition was prepared by BASF Corporation, and represents the view of
the petitioner. The petition summary announces the availability of a
description of the analytical methods available to EPA for the
detection and measurement of the pesticide chemical residues or an
explanation of why no such method is needed.
BASF Corporation
PP 5E6917
EPA has received a pesticide petition (5E6917) from BASF
Corporation, 100 Campus Drive, Florham Park, NJ, 07932, proposing,
pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a(d), to
[[Page 31455]]
amend 40 CFR part 180 to establish an exemption from the requirement of
a tolerance for [alpha]-Butyl-[omega]-hydroxypoly(oxypropylene) block
polymer with poly(oxyethylene) when used in a pesticide. EPA has
determined that the petition contains data or information regarding the
elements set forth in section 408(d)(2) of the FFDCA; however, EPA has
not fully evaluated the sufficiency of the submitted data at this time
or whether the data support granting of the petition. Additional data
may be needed before EPA rules on the petition.
A. Residue Chemistry
BASF Corporation is petitioning that [alpha]-Butyl-[omega]-
hydroxypoly(oxypropylene) block polymer with poly(oxyethylene) be
exempt from the requirement of a tolerance based upon the definition of
a low risk polymer under 40 CFR 723.250(e). Consequently, BASF
Corporation believes that the analytical method to determine residues,
the residues present in plant material, and the magnitude of [alpha]-
Butyl-[omega]-hydroxypoly(oxypropylene) block polymer with
poly(oxyethylene) in raw agricultural commodities, is not relevant.
B. Toxicological Profile
[alpha]-Butyl-[omega]-hydroxypoly(oxypropylene) block
polymer with poly(oxyethylene) is a polymer as defined by 40 CFR
723.250(b). It is composed of at least three monomer units and one
other reactant.
[alpha]-Butyl-[omega]-hydroxypoly(oxypropylene) block
polymer with poly(oxyethylene) consists of a simple weight majority of
the polymer molecules. The monomer sequences form uninterrupted strings
in the polymer and distribution of the molecular weight of the polymer
is due largely to the number of monomer units in the individual
molecules.
[alpha]-Butyl-[omega]-hydroxypoly(oxypropylene) block
polymer with poly(oxyethylene) consists of a number average molecular
weight of 4,000 with 0% of its oligomeric material weighing below 500
daltons and 0% of its oligomeric material weighing less than 1,000
daltons.
[alpha]-Butyl-[omega]-hydroxypoly(oxypropylene) block
polymer with poly(oxyethylene) will not become cationic in an aquatic
environment. It contains no moieties capable of obtaining a cationic
charge.
[alpha]-Butyl-[omega]-hydroxypoly(oxypropylene) block
polymer with poly(oxyethylene) is composed of carbon, hydrogen, and
oxygen; therefore, it meets the criteria of elemental composition.
Namely it must be composed of at least two of the following elements
(and no other elements than those listed): Carbon, hydrogen, nitrogen,
oxygen, silicon, and sulfur.
[alpha]-Butyl-[omega]-hydroxypoly(oxypropylene) block
polymer with poly(oxyethylene) is not designed nor reasonably expected
to degrade, decompose, or depolymerize under normal use conditions.
[alpha]-Butyl-[omega]-hydroxypoly(oxypropylene) block
polymer with poly(oxyethylene) is composed of molecules that are listed
on the TSCA Inventory or manufactured under an applicable TSCA section
5 exemption.
[alpha]-Butyl-[omega]-hydroxypoly(oxypropylene) block
polymer with poly(oxyethylene) does not exceed the number average
molecular weight of 10,000 and; therefore, is not subject to the water
absorption limitation.
C. Aggregate Exposure
1. Dietary exposure. The physical-chemical characteristics of
[alpha]-Butyl-[omega]-hydroxypoly(oxypropylene) block polymer with
poly(oxyethylene) leads to the conclusion that there is a reasonable
certainty of no harm from exposure to the polymer from food or drinking
water nor from an aggregate exposure.
2. Non-dietary exposure. The physical-chemical characteristics of
[alpha]-Butyl-[omega]-hydroxypoly(oxypropylene) block polymer with
poly(oxyethylene) lead to the conclusion that there is a reasonable
certainty of no harm from exposure to the polymer from non-dietary
means.
D. Cumulative Effects
At this time there is no information to indicate that any toxic
effects produced by [alpha]-Butyl-[omega]-hydroxypoly(oxypropylene)
block polymer with poly(oxyethylene) would be cumulative with any other
chemical. Given the compound's categorization as a low risk polymer,
and its proposed use in pesticide formulations, there is no expectation
of increased risk due to cumulative exposure.
E. Safety Determination
1. U.S. population. Based on the polymer's physical-chemical
properties, and that it meets or exceeds the polymer exemption criteria
at 40 CFR 723.250 for low-risk polymers, adverse effects are not
expected.
2. Infants and children. Based on the polymer's physical-chemical
properties, and that it meets or exceeds the polymer exemption criteria
at 40 CFR 723.250 for low-risk polymers, adverse effects are not
expected.
F. International Tolerances
There are no Codex maximum residue limits established for [alpha]-
Butyl-[omega]-hydroxypoly(oxypropylene) block polymer with
poly(oxyethylene) in or on crops or commodities at this time.
[FR Doc. 05-10848 Filed 5-31-05; 8:45 am]
BILLING CODE 6560-50-S