[Federal Register: May 6, 2009 (Volume 74, Number 86)]
[Notices]
[Page 20947-20950]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my09-62]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0045; FRL-8412-7]
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 June 5, 2009.
ADDRESSES: Submit your comments, identified by the 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,
[[Page 20948]]
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:
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 a typical 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
[[Page 20949]]
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 8F7455. (EPA-HQ-OPP-2009-0141). Dow AgroSciences, 9330
Zionsville Road, Indianapolis, IN 46268, proposes to establish a
tolerance in 40 CFR part 180 for the combined residues of the herbicide
aminopyralid (XDE-750: 4-amino-3,6-dichloropyridine-2-carboxylic acid)
and its glucose conjugate, expressed as total parent in or on corn,
forage at 0.30 parts per million (ppm); corn, grain at 0.20 ppm; corn,
stover at 0.20 ppm. Adequate analytical methods for enforcement
purposes are available to monitor residues of aminopyralid in corn
commodities, milk, meat and meat by-products. The analytical method
uses liquid chromatography and positive ion electrospray tandem
spectrometry (LC/MS/MS) with limits of quantitation (LOQ) of 0.01 ppm.
The methods had been successfully validated independently by outside
laboratories. Aminopyralid had also been tested through the Food and
Drug Administration (FDA), Multi-Residue Methodology, Protocols C, D,
and E. Contact: Kathyrn Montague, (703) 305-1243,
montague.kathyrn@epa.gov.
2. PP 9F7513. (EPA-HQ-OPP-2009-0261). E. I. DuPont de Nemours and
Company, Inc., DuPont Crop Protection (S300/427), Stine-Haskell
Research Ctr., 1090 Elkton Rd., P.O. Box 30, Newark, DE 19714-0030,
proposes to establish a tolerance in 40 CFR part 180 for residues of
the insecticide chlorantraniliprole, 3-bromo-N-[4-chloro-2-methyl-6-
[(methylamino)carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-pyrazole-5-
carboxamide in or on vegetables, tuberous and roots corm, subgroup 1C
at 0.01 ppm; corn, sweet; poultry, fat; poultry, meat; and poultry,
meat byproducts at 0.02 ppm; corn, field, grain; corn, pop; nut, tree,
group 14; and pistachio at 0.04 ppm; cattle, meat; goat, meat; horse,
meat; milk; and sheep, meat at 0.05 ppm; corn, processed commodities;
egg; peanut; and Ti palm, roots at 0.1 ppm; cacao bean, bean; and rice,
grain at 0.15 ppm; cattle, meat byproducts, except liver; goat, meat
byproducts, except liver; horse, meat byproducts, except liver; and
sheep, meat byproducts, except liver at 0.2 ppm; cattle, fat; cattle,
liver; crambe; goat, fat; goat, liver; hare's ear mustard; horse, fat;
horse, liver; jojoba; lesquerella; lunaria; milkweed; mustard; oil
radish; poppy seed; rapeseed/canola; rice, hulls; rice, straw; rose
hip; sesame; sheep, fat; sheep; liver; tallowwood; and tea oil plant at
0.3 ppm; cattle, meat; coffee, bean, green at 0.5 ppm; okra at 0.7 ppm;
strawberry at 1 ppm; fruit, pome, group 11 at 1.2 ppm; cacao, roasted
beans; and fruit, citrus, group 10 at 1.4 ppm; pineapple at 1.5 ppm;
fruit, caneberry, subgroup 13-07A at 1.8 ppm; acerola; corn, aspirated
grain fractions; jaboticaba; lychee; papaya; passionfruit; and
vegetables, legume, group 6, except soybeans at 2 ppm; apple, wet
pomace; coffee, instant; fruit, small vine climbing, subgroup 13-07D at
2.5 ppm; chocolate; cocoa powder; and pineapple process residue at 3
ppm; non-grass animal feeds, group 18, seeds at 3.5 ppm; artichoke;
atemoya; avocado; banana; biriba; black sapote; canistel; cherimoya;
custard apple; feijoa; figs; fruit, stone, group 12; guava; llama;
longan; mango; olive; persimmon; pomegranate; pulasan; rambutan;
sapodilla; sapote, mamey; soursop; spanish lime; star apple; starfruit;
sugar apple; wax jambu; white sapote (casimiroa) and other cultivars
and/or hybrids at 4 ppm; almond, hull; and raisins at 5 ppm; herbs and
spices, subgroup 19B, spices at 7 ppm; crayfish at 8 ppm; mint at 9
ppm; vegetables, Brassica leafy, group 5 at 11 ppm; asparagus; non-
grass animal feeds, group 18, forage and fodder; prickly pear cactus;
and Ti palm, leaves at 13 ppm; citrus, dried pulp; and sugarcane, cane
at 14 ppm; cereal grains (forage, fodder, and straw), group 16, forage
and fodder; grass (forage, fodder, and hay), group 17, forage and
fodder; and herbs and spices, subgroup 19A, fresh at 25 ppm; vegetable,
foliage of legume, group 7, forage/vines at 30 ppm; olive, oil at 40
ppm; non-grass animal feeds, group 18, hay and straw at 45 ppm; cereal
grains (forage, fodder, and straw), group 16, hay and straw; grass
(forage, fodder, and hay), group 17, hay and straw; herbs and spices,
subgroup 19A, dried; hops; peanut, hay; and vegetables, foliage of
legume, group 7, hay at 90 ppm; and sugarcane molasses at 420 ppm.
Analytical methods were previously submitted which permit determination
of chlorantraniliprole residues in meat, milk, poultry and eggs at
appropriate detection levels. Contact: Kable Bo Davis, (703) 306-0415,
davis.kable@epa.gov.
3. PP 9F7530. (EPA-HQ-OPP-2009-0262). 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 in 40 CFR part 180
for residues of the insecticide clothianidin (E)-1-(2-chloro-1,3-
thiazol-5-ylmethyl)-3-methyl-2-nitroguanidine in or on fig at 0.05 ppm
and pomegranate at 0.2 ppm. Adequate enforcement methodology (liquid
chromatography/mass spectroscopy/mass spectroscopy, LC/MS/MS analysis)
is available to enforce the tolerance expression. Contact: Kable Bo
Davis, (703) 306-0415, davis.kable@epa.gov.
4. PP 9F7535. (EPA-HQ-OPP-2009-0205). Valent U.S.A. Corporation,
1600 Riviera Ave., Suite 200, Walnut Creek, CA 94596, proposes to
establish a tolerance in 40 CFR part 180 for residues of the herbicide
imazosulfuron, (2-chloro-N-[[(4,6-dimethoxy-2-
pyrimidinyl)amino]carbonyl] imidazo-[1,2-a]pyridine-3-sulfonamide in or
on pepper, bell, fruit at 0.02 ppm; pepper, non-bell, fruit at 0.02
ppm; rice, grain at 0.02 ppm; and tomato, fruit at 0.02 ppm. An
independently validated analytical method has been submitted for
analyzing parent imazosulfuron residues with appropriate sensitivity in
all crop commodities for which tolerances are being requested. Contact:
Bethany Dalrymple, (703) 347-8072, dalrymple.bethany@epa.gov.
New Tolerance Exemptions
1. PP 8E7354. (EPA-HQ-OPP-2009-0213). Valent BioSciences
Corporation, 870 Technology Way, Libertyville, IL 60048, proposes to
establish an exemption from the requirement of a tolerance for residues
of 1,2,3-propanetriol, homopolymer, diisooctadecanoate (CAS No. 63705-
03-3) in or on animals used for food when used as a pesticide inert
ingredient emulsifier in pesticide formulations under 40 CFR 180.930.
The petitioner believes no analytical method is needed because this
petition is a request for an exemption from the requirement of a
tolerance and no analytical method is required. Contact: Elizabeth
Fertich, (703) 347-8560, fertich.elizabeth@epa.gov.
2. PP 8E7484. (EPA-HQ-OPP-2009-0129). Becker Underwood, Inc., 801
Dayton Avenue, Ames, IA 50010, proposes to establish an exemption from
the requirement of a tolerance for residues of Carbon Black (CAS No.
1333-86-4) in or on raw agricultural commodity seeds used to grow
agricultural crops when used as a pesticide inert ingredient as a seed
colorant in pesticide formulations. The petitioner believes no
analytical method is needed because this petition is a request for an
exemption from the requirement of a tolerance and no analytical method
is required. Contact:
[[Page 20950]]
Elizabeth Fertich, (703) 347-8560, fertich.elizabeth@epa.gov.
3. PP 9E7541. (EPA-HQ-OPP-2009-0256). BASF Corporation, 100 Campus
Dr., Florham Park, NJ 07932, proposes to establish an exemption from
the requirement of a tolerance for residues of 2-Propenoic acid, 2-
methyl-, polymers with Bu acrylate, Et acrylate, Me methacrylate and
polyethylene glycol methacrylate C16-18-alkyl ethers (CAS No. 890051-
63-5) under 40 CFR 180.960 when used as a pesticide inert ingredient as
a surfactant in pesticide formulations without limitation. The
petitioner believes no analytical method is needed because this
petition is a request for an exemption from the requirement of a
tolerance and no analytical method is required. Contact: Alganesh
Debesai, (703) 308-8353, debesai.alganesh@epa.gov.
List of Subjects
Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.
Dated: April 23, 2009.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E9-10503 Filed 5-5-09; 8:45 am]
BILLING CODE 6560-50-S