

[Federal Register: July 12, 2006 (Volume 71, Number 133)]
[Notices]               
[Page 39316-39318]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy06-66]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0523; FRL-8074-3]

 
Notice of Filing of Pesticide Petitions for Establishment and 
Amendment to Regulations for Residues of Thiamethoxam 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 amendment of regulations for 
residues of pesticide chemicals in or on various commodities.

DATES: Comments must be received on or before August 11, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0523 and pesticide petition number (PP) 
6E7060, 0F6142, and 9F5051, 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 
Building), 2777 S. Crystal Drive, 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 docket ID number EPA-HQ-OPP-
2006-0523. EPA's policy is that all comments received will be included 
in the docket

[[Page 39317]]

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 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 
Building), 2777 S. Crystal Drive, 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: For Pesticide Petition Information: 
Registration Division (7505 P), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    For PP 6E7060: Barbara Madden; telephone number: (703) 305-6463; e-
mail address: madden.barbara@epa.gov.
    For PP 0F6142 and 9F5051: Dani Daniel; telephone number: (703) 305-
5409; e-mail address: daniel.dani@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 each pesticide petition received 
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a, proposing the establishment or amendment of regulations 
in 40 CFR part 180 for residues of pesticide chemicals in or on various 
food 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 pesticide including the petition summary.

New Tolerance

    1. PP 6E7060. Interregional Research Project Number 4 (IR-4), 681 
U.S. Highway 1 South, North Brunswick, NJ 08902-3390, 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] (CAS

[[Page 39318]]

Reg. No. 153719-23-4) and its metabolite [N-(2-chloro-thiazol-5-
ylmethyl)-N'-methyl -N'-nitro-guanidine] in or on food commodities 
caneberry subgroup 13A at 0.30 parts per million (ppm); hops at 0.1 
ppm; Globe artichoke at 0.4 ppm and increase tolerance levels for 
exisiting tolerances for barley, grain at 0.3 ppm; barley, hay at 0.4 
ppm; and barley, straw at 0.4.
    2. PP 0F6142. Syngenta Crop Protection Inc., P.O. Box 18300, 
Greensboro, NC 27419-8300, 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] (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 grapes at 0.15 ppm; grape, 
juice at 0.20 ppm; and raisins at 0.30 ppm.
    3. PP 9F5051. 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] (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 vegetable, leafy, except brassica, group 4 at 2.0 ppm; 
brassica, leafy greens, subgroup 5B at 2.0 ppm ; brassica, head and 
stem, subgroup 5A at 1.0 ppm.
    For all three petitions (PP 6E7060, 0F6142 and 9F5051) the 
analytical method used to measure and evaluate the chemical residue is 
based on crop specific cleanup procedures and determination by liquid 
chromatography with either ultraviolet (UV) or mass spectrometry (MS) 
detection. 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 quantitation (LOQ) is 0.005 
ppm for milk and juices and 0.01 ppm for all other substrates.

List of Subjects

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


    Dated: June 28, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E6-10859 Filed 7-11-06; 8:45 am]

BILLING CODE 6560-50-S
