

[Federal Register: February 28, 2007 (Volume 72, Number 39)]
[Notices]               
[Page 9000-9002]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe07-63]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0936; FRL-8115-5]

 
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 March 30, 2007.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition number (PP) of interest, by one 
of the following methods. Refer to Unit II. for specific docket ID 
numbers for each pesticide petition.
     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 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.

[[Page 9001]]


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 6F7065                                   EPA-HQ-OPP-2007-0099
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PP 6F7161                                   EPA-HQ-OPP-2007-0029
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PP 6F7162                                   EPA-HQ-OPP-2007-0030
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PP 6H7114                                   EPA-HQ-OPP-2007-0096
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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.


New Tolerance

    1. PP 6F7065. (Docket ID number EPA-HQ-OPP-2007-0099). Nichino 
America, Inc., 4550 New Linden Hill Road, Suite 501, Wilmington, DE 
19808, proposes to establish a tolerance for residues of the 
insecticide flubendiamide (NNI-0001), (N2-[1,1-dimethyl-2-
(methylsulfonyl)ethyl]-3-iodo-N1-[2-methyl-4-[1,2,2,2-
tetrafluoro-1-(trifluoromethyl)ethyl]phenyl]-1,2-benzenedicarboxamide) 
in or on food commodities almond, hulls at 9.0 parts per million (ppm); 
brassica, leafy greens subgroup at 6.0 ppm; brassica, head and stem 
subgroup at 0.60 ppm; corn, field, grain at 0.02 ppm; corn, field, 
forage at 8.0 ppm; corn, field, stover at 15.0 ppm; corn, pop, grain at 
0.02 ppm; corn, pop, stover at 15.0 ppm; corn, sweet, kernel plus cob 
with husks removed at 0.02 ppm; corn, sweet, forage at 9.0 ppm; corn, 
sweet, stover at 25.0 ppm; cottonseed at 2.0 ppm; cotton, gin byproduct 
at 60.0 ppm; fruit, pome group at 0.7 ppm; fruit, stone group at 1.6 
ppm; grape at 1.4 ppm; nut, tree group at 0.06 ppm; okra at 0.30 ppm; 
vegetable, cucurbit group at 0.20 ppm; vegetable, fruiting group at 
0.30 ppm; and vegetable, leafy, except brassica at 11.0 ppm; in or on 
rotational crop commodities alfalfa, forage at 0.15 ppm; alfalfa, hay 
at 0.04 ppm; barley, hay at 0.04 ppm; barley, straw at 0.07 ppm; 
buckwheat at 0.07 ppm; clover, forage at 0.15 ppm; clover, hay at 0.04; 
grass, forage at 0.15 ppm; grass, hay at 0.04 ppm; grass, silage at 
0.27 ppm; millet, pearl, forage at 0.15 ppm; millet, pearl hay at 0.04 
ppm; millet, proso, forage at 0.15 ppm; millet, proso, hay at 0.04 ppm; 
millet, proso, straw at 0.07 ppm; oats, forage at 0.15 ppm; oats, hay 
at 0.04 ppm; oats, straw at 0.07 ppm; rye, forage at 0.15 ppm; rye, 
straw at 0.07 ppm; sorghum, grain, forage at 0.03 ppm; sorghum, grain, 
stover at 0.06 ppm; soybean, forage at 0.02 ppm; soybean, hay at 0.04 
ppm; teosinte, forage at 0.15 ppm; teosinte, hay at 0.04 ppm; teosinte, 
straw at 0.07 ppm; triticale, forage at 0.15 ppm; triticale, hay at 
0.04 ppm; triticale, straw at 0.07 ppm; wheat, forage at 0.15 ppm; 
wheat, hay at 0.03 ppm; wheat, straw at 0.03 ppm; and in or on animal 
commodities cattle, liver at 0.60 ppm; cattle, kidney at 0.60 ppm; 
cattle, muscle at 0.10 ppm; cattle, fat at 0.80 ppm; eggs at 0.03 ppm; 
goat, liver at 0.60 ppm; goat, kidney at 0.60 ppm; goat, muscle at 0.10 
ppm; goat, fat at 0.80 ppm; horse, liver at 0.60 ppm; horse, kidney at 
0.60 ppm; horse, muscle at 0.10 ppm; horse, fat at 0.80 ppm; hog, liver 
at 0.60 ppm; hog, kidney at 0.60 ppm; hog, muscle at 0.10 ppm; hog, fat 
at 0.80 ppm; milk at 0.20 ppm;

[[Page 9002]]

poultry, fat at 0.08 ppm; poultry, liver at 0.03 ppm; poultry, muscle 
at 0.01 ppm; sheep, liver at 0.60 ppm; sheep, kidney at 0.60 ppm; 
sheep, muscle at 0.10 ppm; sheep, fat at 0.80 ppm. Independently 
validated analytical methods for plants, plant products, and animal 
matrices suitable for enforcement purposes have been submitted for 
measuring NNI-0001. Typically, plant matrices samples are extracted, 
concentrated, and quantified by liquid chromatography/tandem mass 
spectrometry (LC/MS/MS) using deuterated internal standards. Contact: 
Carmen Rodia, (703) 306-0327, e-mail address: rodia.carmen@epa.gov.
    2. PP 6F7161. (Docket ID number EPA-HQ-OPP-2007-0029). Bayer 
CropScience LLC, 2 T.W. Alexander Dr., Research Triangle Park, NC 
27709, proposes to establish a tolerance for residues of the herbicide 
glufosinate-ammonium and its metabolites expressed as butanoic acid, 2-
amino-4-(hydroxymethylphosphinyl)-, monoammonium salt, 2-acetamido-4-
methylphosphinico-butanoic acid and 3-methylphosphinico-propionic acid 
(expressed as glufosinate free acid equivalents) in or on food 
commodities aspirated grain fractions at 25.0 parts per million (ppm); 
non-transgenic canola, meal at 1.1 ppm; non-transgenic canola, seed at 
0.4 ppm; non-transgenic field corn, forage at 4.0 ppm; non-transgenic 
field corn, grain at 0.2 ppm; non-transgenic field corn, stover at 6.0 
ppm; non-transgenic soybean at 2.0 ppm; and non-transgenic soybean, 
hulls at 5.0 ppm. The enforcement analytical method utilizes gas 
chromatography for detecting and measuring levels of glufosinate-
ammonium and its metabolites with a general limit of quantitation (LOQ) 
of 0.05 ppm. This method allows detection of residues at or above the 
proposed tolerances. Contact: James Stone, telephone number: (703) 305-
7391, e-mail address: stone.james@epa.gov.
    3. PP 6F7162. (Docket ID number EPA-HQ-OPP-2007-0030). Syngenta 
Crop Protection, Inc., P. O. Box 18300, Greensboro, NC 72409, proposes 
to establish tolerances for residues of the herbicide mesotrione in or 
on food commodities asparagus at 0.01 ppm; grass, forage at 0.01 ppm; 
grass, hay at 0.01 ppm; grass, seed screenings at 0.01 ppm; grass, 
straw at 0.10 ppm; oats, forage at 0.01 ppm; oats, grain at 0.01 ppm; 
oats, hay, at 0.01 ppm; oats, straw at 0.01 ppm; okra at 0.01 ppm; 
rhubarb at 0.01 ppm; sorghum, forage at 0.01 ppm; sorghum, grain at 
0.01 ppm; sorghum, stover at 0.01 ppm; sorghum, sweet at 0.01 ppm; and 
sugarcane at 0.01 ppm. Practical and specific analytical method RAM 
366/01 is available for detecting and measuring the level of mesotrione 
in or on various crop commodities. Contact: James Stone, telephone 
number: (703) 305-7391, e-mail address: stone.james@epa.gov.

Amendment to Existing Tolerance

    PP 6H7114. (Docket ID number EPA-HQ-OPP-2007-0096). Pytech 
Chemicals GmbH, 9330 Zionsville Road, IN 46268, proposes to amend the 
tolerance in 40 CFR 180.438, section (3) by adding gamma-cyhalothrin to 
lambda-cyhalothrin. The residue definition under section (3) should 
read as follows: (3) A food additive tolerance of 0.01 parts per 
million is established for residues of the insecticide lambda-
cyhalothrin (S)-alpha-cyano-3-phenoxybenzyl-(Z)-(1R,3R)-3-(2-chloro-
3,3,3- trifluoroprop-1-enyl)-2,1- dimethylcyclopropanecarboxylate) and 
(R)-alpha-cyano-3-phenoxybenzyl-(Z)-(1S,3S)-3-(2-chloro-3,3,3- 
trifluoroprop-1-enyl)-2,2- dimethylcyclopropanecarboxylate, or the 
isolated active isomer gamma-cyhalothrin (S)-alpha-cyano-3-
phenoxybenzy-(Z)-(1R,3R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2- 
dimethylcyclopropanecarboxylate. An adequate analytical method is 
available for enforcement purposes. Contact: Bewanda Alexander, (703) 
305-7460, e-mail address: alexander.bewanda@epa.gov.

List of Subjects

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


    Dated: February 13, 2007.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-3117 Filed 2-27-07; 8:45 am]

BILLING CODE 6560-50-S
