

[Federal Register: May 9, 2007 (Volume 72, Number 89)]
[Notices]               
[Page 26375-26378]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my07-68]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0936; FRL-8128-1]

 
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 June 8, 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:
     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.

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).

[[Page 26376]]

    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 6E7047 and 6E7048                        EPA-HQ-OPP-2007-0189
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PP 6E7148                                   EPA-HQ-OPP-2007-0310
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PP 7E7196                                   EPA-HQ-OPP-2007-0313
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PP 0E6209                                   EPA-HQ-OPP-2007-0325
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PP 7E7182                                   EPA-HQ-OPP-2007-0330
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PP 7E7195                                   EPA-HQ-OPP-2007-0331
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PP 7E7194                                   EPA-HQ-OPP-2007-0335
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PP 7F7200                                   EPA-HQ-OPP-2007-0337
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PP 7F7191                                   EPA-HQ-OPP-2007-0349
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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 Tolerances

    1. PP 6E7047 and 6E7048. (Docket ID number EPA-HQ-OPP-2007-0189). 
Interregional Research Project Number 4 (IR-4), 500 College Road East, 
Suite 201 W, Princeton, NJ 08540-6635, proposes to establish a 
tolerance for the combined residues of the herbicide propyzamide 
(pronamide) and its metabolite containing the 3,5-dichlorobenzoyl 
moiety and calculated as 3,5-dichloro-N-(1,1-dimethyl-2-propynyl) 
benzamide in or on food commodities in PP 6E7047: Chicory roots at 0.2 
parts per million (ppm); chicory tops at 2.0 ppm; endive, Belgium at 
2.0 ppm; and dandelion, leaves at 2.0 ppm; and in PP 6E7048: Berry 
group 13 at 0.05 ppm. Adequate enforcement methodology, gas 
chromatography using electron capture detection (GC/ECD), is available 
to enforce the tolerance expression. This method is published in the 
Pesticide Analytical Manual II (PAM II), as method I. Contact: Sidney 
Jackson, telephone number: (703) 305-7610; e-mail address: 
jackson.sidney@epa.gov.

    2. PP 6E7148. (Docket ID number EPA-HQ-OPP-2007-0310). 
Interregional Research Project Number 4 (IR-4), 500 College Road East, 
Suite 201 W, Princeton, NJ 08540-6635, proposes to establish a 
tolerance for residues of the insecticide spinosad which is a 
fermentation product of Saccharopolyspora spinosa. The product consists 
of two related active ingredients: Spinosyn A (Factor A; CAS 
131929-60-7) and Spinosyn D (Factor D; CAS 131929-63-0). 
Typically, the two factors are present at an 85:15 (A:D) ratio in or on 
food commodities: Spice crop subgroup 19B, except black pepper at 1.7 
ppm; pineapple at 0.02 ppm; and pineapple process residue at 0.08 ppm. 
There is a practical method, liquid chromatography mass spectrometry 
accelerated climate prediction initiative (LC/MS/ACPI), for detecting 
and measuring levels of spinosad in or on food with a limit of 
detection (0.002 ppm) that allows monitoring of food with residues at 
or above the level set for these tolerances. The method has undergone 
successful EPA laboratory validation. Contact: Sidney Jackson, 
telephone number: (703) 305-7610; e-mail address: 
jackson.sidney@epa.gov.

    3. PP 7E7196. (Docket ID number EPA-HQ-OPP-2007-0313). 
Interregional Research Project Number 4 (IR-4), 500 College Road East, 
Suite 201 W, Princeton, NJ 08540-6635, proposes to establish a 
tolerance for residues of the herbicide glufosinate-ammonium and its 
metabolites expressed as butanoic acid, 2-amino-4-(hydroxymethyl 
phosphinyl)-, monoammonium salt, 2-acetamido-4-methylphosphinico-
butanoic acid and 3-methylphosphinico-propionic acid, expressed as 
glufosinate free acid equivalents in or on the food commodity pistachio 
at 0.1 ppm. The enforcement analytical method utilizes GC for detecting 
and measuring levels of glufosinate-ammonium and metabolites with a 
general limit of quantification of 0.05 ppm. This method allows 
detection of residues at or above the proposed tolerances. Contact: 
Barbara Madden,

[[Page 26377]]

telephone number: (703) 305-6463; e-mail address: 
madden.barbara@epa.gov.

    4. PP 0E6209. (Docket ID number EPA-HQ-OPP-2007-0325). 
Interregional Research Project Number 4 (IR-4), 500 College Road East, 
Suite 201 W, Princeton, NJ 08540-6635, proposes to establish a 
tolerance for residues of the herbicide dicamba (3,6-dichloro-o-anisic 
acid) and its metabolite 3,6-dichloro-5-hydroxy-o-anisic in or on food 
commodities: Corn, sweet, kernel plus cob with husks removed at 0.04 
ppm; Corn, sweet, forage at 0.50 ppm; and Corn, sweet stover at 0.50 
ppm. BASF Corporation has provided suitable independently validated 
analytical methods for detecting and measuring levels of dicamba and 
its metabolites in or on food with a limit of detection that allows 
monitoring of food with residues at or above the levels described in 
these and the existing tolerances. Adequate methods are available in 
the PAM II for enforcement purposes. The analytical method involves 
extraction, partition, clean-up and detection of residues by GC/ECD. 
Contact: Barbara Madden, telephone number: (703) 305-6463; e-mail 
address: madden.barbara@epa.gov.
    5. PP 7E7182. (Docket ID number EPA-HQ-OPP-2007-0330). 
Interregional Research Project Number 4 (IR-4), 500 College Road East, 
Suite 201 W, Princeton, NJ 08540-6635, proposes to establish a 
tolerance for residues of the insecticide/miticide hexythiazox (trans-
5-(4-chlorophenyl)-N-cyclohexyl-4-methyl-2-oxothiazolidine-3-
carboxamide) and its metabolites containing the (4-chlorophenyl)-4-
methyl-2-oxo-3-thiazolidine moiety in or on food commodity potato at 
0.02 ppm. A practical analytical method, high performance liquid 
chromatography (HPLC) with an ultraviolet detector, which detects and 
measures residues of hexythiazox and its metabolites as a common 
moiety, is available for enforcement purposes with a limit of detection 
that allows monitoring of food with residues at or above the levels set 
in these tolerances. Contact: Shaja R. Brothers, telephone number: 
(703) 308-3194; e-mail address: brothers.shaja@epa.gov.
    6. PP 7E7195. (Docket ID number EPA-HQ-OPP-2007-0331). 
Interregional Research Project Number 4 (IR-4), 500 College Road East, 
Suite 201 W, Princeton, NJ 08540-6635, proposes to establish a 
tolerance for residues of the insecticide/miticide spiromesifen; 
butanoic acid, 3,3-dimethyl-, 2-oxo-3-(2,4,6-trimethylphenyl)-1-
oxaspiro [4,4] non-3-en-4-yl ester, and its enol metabolite; 4-
hydroxyl-3-(2,4,6-trimethylphenyl)-1-oxaspiro [4,4] non-3-en-2-one, 
calculated as parent compound equivalents in or on food commodities: 
Bean, edible, podded at 1.4 ppm; bean, succulent at 0.10 ppm; bean, dry 
at 0.02 ppm; and cowpea, forage at 35 ppm. Adequate analytical 
methodology using liquid chromatography tandem mass spectrometry (LC/
MS/MS) detection is available for enforcement purposes. Contact: Shaja 
R. Brothers, telephone number: (703) 308-3194; e-mail address: 
brothers.shaja@epa.gov.

    7. PP 7F7200. (Docket ID number EPA-HQ-OPP-2007-0337). Bayer 
CropScience, 2 T.W. Alexander Drive, P.O. 12014, Research Triangle 
Park, NC 27709, proposes to establish a tolerance for residues of the 
insecticide cyfluthrin; cyano (4-fluoro-3-phenoxyphenyl)methyl-3-(2,2-
dichloroethenyl)-2,2-dimethyl-cyclopropanecarboxylate in or on food 
commodities: Grain, cereal group 15 (except rice) at 4.0 ppm; and 
grain, cereal, (forage, fodder, and straw), group 16 (except rice) at 
7.0 ppm. Adequate analytical methodology using GC/EC detection is 
available for enforcement purposes. Contact: Olga Odiott, telephone 
number: (703) 308-9369; e-mail address: odiott.olga@epa.gov.
    8. PP 7F7191. (Docket ID number EPA-HQ-OPP-2007-0349). Dow 
AgroSciences LLC, 9330 Zionsville Rd., Indianapolis, IN 46268-1053, 
proposes to establish a tolerance for residues of the insecticide 
spinosad in or on food commodities: Fish, shellfish, mollusks, and 
crustaceans at 4.0 ppm. There is a practical method LC/MS/ACPI for 
detecting and measuring levels of spinosad in or on food with a limit 
of detection (0.002 ppm) that allows monitoring of food with residues 
at or above the level set for these tolerances. The method had 
undergone successful EPA laboratory validation. Contact: Bonaventure 
Akinlosotu, telephone number: (703) 605-0653; e-mail address: 
akinlosotu.bonaventure@epa.gov.


Amendment to Existing Tolerances

    1. PP 7E7195. (Docket ID number EPA-HQ-OPP-2007-0331). 
Interregional Research Project Number 4 (IR-4), 500 College Road East, 
Suite 201 W, Princeton, NJ 08540-6635, proposes to amend the tolerances 
in 40 CFR 180.607 by increasing the residues of the insecticide/
miticide spiromesifen; butanoic acid, 3,3-dimethyl-, 2-oxo-3-(2,4,6-
trimethylphenyl)-1-oxaspiro[4,4]non-3-en-4-yl ester, and its 
metabolites containing the enol; 4-hydroxyl-3-(2,4,6-trimethylphenyl)-
1-oxaspiro[4,4]non-3-en-2-one; and 4-hydroxymethyl; 4-hydroxy-3-[4-
(hydroxymethyl)-2,6-dimethylphenyl]-1-oxaspiro[4,4] non-3-en-2-one 
moieties, calculated as parent compound equivalents in or on the 
livestock commodities: Cattle, fat at 0.20 ppm; cattle, meat at 0.01 
ppm; cattle, meat byproducts at 0.30 ppm; goat, fat at 0.20 ppm; goat, 
meat at 0.01 ppm; goat, meat byproducts at 0.30 ppm; hog, fat at 0.20 
ppm; hog, meat at 0.01 ppm; hog, meat byproducts at 0.30 ppm; horse, 
fat at 0.20 ppm; horse, meat at 0.01 ppm; horse, meat byproducts at 
0.30 ppm; sheep, fat at 0.20 ppm; sheep, meat at 0.01 ppm; sheep, meat 
byproducts at 0.30 ppm; and milk at 0.01 ppm. Adequate analytical 
methodology using LC/MS/MS detection is available for enforcement 
purposes. Contact: Shaja R. Brothers, telephone number: (703) 308-3194; 
e-mail address: brothers.shaja@epa.gov.
    2. PP 7E7194. (Docket ID number EPA-HQ-OPP-2007-0335). Dow 
AgroSciences LLC, 9330 Zionsville Rd., Indianapolis, IN 46268-1053, 
proposes to amend the tolerances in 40 CFR 180.560 by amending the 
tolerance expression to establish the combined residues of 
cloquintocet-mexyl (acetic acid, [(5-chloro-8-quniolinyl)oxy]-,1-
methylhexyl ester)(CAS  99607-70-2) and its acid metabolite 
(5-chloro-8-quinlinoxyacetic acid) when used as an inert ingredient 
safener in pesticide formulations containing either the herbicide 
clodinafop-propargyl or pinoxaden in a 1:4 ratio of safener to active 
ingredient or as a safener in combination with the new active 
ingredient pyroxsulam in or on the food commodities: Wheat, grain at 
0.1 ppm; wheat, forage at 0.1 ppm; wheat, hay at 0.1 ppm; and wheat, 
straw at 0.1 ppm. Dow AgroSciences LLC has submitted practical 
analytical methodology for detecting and measuring combined levels of 
cloquintocet-methyl and its acid metabolite (5-chloro-8-
quinlinoxyacetic acid). The method is based upon acid hydrolysis 
extraction, which converts the parent and all conjugates to the acid 
metabolite. The acid metabolite is subject to commodity specific 
cleanup procedures and HPLC determination with triple stage quadruple 
mass spectrometry LC/MS/MS. The limit of quantitation (LOQ), as 
demonstrated by the lowest acceptable recovery samples, is 0.01 ppm for 
wheat, grain, forage, hay and straw. Contact: Tracy H. Ward, telephone 
number: (703) 308-9361; e-mail address: ward.tracyh@epa.gov.

List of Subjects

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


[[Page 26378]]


    Dated: May 2, 2007.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E7-8953 Filed 5-8-07; 8:45 am]

BILLING CODE 6560-50-S
