

[Federal Register: April 21, 2006 (Volume 71, Number 77)]
[Notices]               
[Page 20661-20663]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap06-53]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0536; FRL-8065-1]

 
Notice of Filing of a Pesticide Petition for Establishment of 
Regulations for the Combined Residues of Total Fluroxypyr in or on 
Garlic, Onion, and Shallot

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of a pesticide 
petition proposing the establishment of regulations for the combined 
residues of total fluroxypyr (fluroxypyr MHE and its metabolite 
fluroxypyr) in or on garlic and shallot (bulb), and onion (dry bulb).

DATES: Comments must be received on or before May 22, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0536 and pesticide petition number (PP) 
3E6775 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 (7502C), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPP Regulatory Public Docket, Environmental 
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St., 
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 telephone number is (703) 
305-5805.
     Important Note: OPP will be moving to a new location the 
first week of May 2006. As a result, from Friday, April 28 to Friday, 
May 5, 2006, the OPP

[[Page 20662]]

Regulatory Public Docket will NOT be accepting any deliveries at the 
Crystal Mall 2 address and this facility will be closed to the 
public. Beginning on May 8, 2006, the OPP Regulatory Public Docket will 
reopen at 8:30 a.m. and deliveries will be accepted in Rm. S-4400, One 
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA 
22202. The mail code for the mailing address will change to (7502P), 
but will otherwise remain the same. The Docket telephone number and 
hours of operation will remain the same after the move.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-[insert docket ID number]. 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 Federal 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. 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 in the electronic docket at http://www.regulations.gov, or, 

if only available in hard copy, at the OPP Regulatory Public Docket at 
the location identified under ``Delivery'' and ``Important Note.'' The 
hours of operation for this Docket Facility are from 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. The Docket 
telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT:  Barbara Madden, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 305-6463; e-mail address: madden.barbara@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 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 under FOR FURTHER INFORMATION 
CONTACT.

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. What Action is the Agency Taking?

    EPA is printing a summary of a pesticide petition received under 
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
U.S.C. 346a, proposing the establishment of regulations in 40 CFR part 
180 for residues of pesticide chemicals in or on various commodities. 
EPA has determined that this pesticide 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 
pesticide petition. Additional data may be needed before EPA rules on 
this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition included in 
this notice, prepared by the petitioner along with a description of the 
analytical method available for the detection and measurement of the 
pesticide chemical residues is available on EPA's Electronic Docket at 
http://www.regulations.gov. To locate this information on the home page 

of EPA's Electronic Docket, select ``Quick Search'' and type the OPP 
docket ID number. Once the search has located the docket, clicking on 
the ``Docket ID'' will bring up a list of all documents in the docket 
for the

[[Page 20663]]

pesticide including the petition summary.

New Tolerance

    PP 3E6775. Interregional Research Project No. 4 (IR-4), 681 Highway 
1 South, North Brunswick, NJ 08902, proposes to establish a tolerance 
for the combined residues of the herbicide fluroxypyr MHE and its 
metabolite fluroxypyr (expressed as total fluroxypyr) in or on food 
commodities garlic and shallot (bulb), and onion (dry bulb) at 0.03 
parts per million (ppm). Dow AgroSciences, 9330 Zionsville Road, 
Indianapolis, IN 46268 is the manufacturer and basic registrant of 
fluroxypyr. An adequate enforcement method for the combined residues of 
total fluroxypyr is available to enforce the tolerance expression in or 
on food. The analytical method uses capillary gas chromatography and 
mass spectrometry detector (GC-MSD) with limits of quantitation (LOQ) 
of 0.01 ppm. Fluroxypyr has also been tested through the Food and Drug 
Administration (FDA), Multi-residue Methodology, Protocols C, D, and E. 
The results have been published in the FDA Pesticide Analytical Manual 
(PAM), Volume 1.

List of Subjects

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

    Dated: April 11, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E6-5951 Filed 4-20-06; 8:45 am]

BILLING CODE 6560-50-S
