

[Federal Register: September 28, 2007 (Volume 72, Number 188)]
[Notices]               
[Page 55204-55207]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se07-86]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0936; FRL-8147-1]

 
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 October 29, 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 Web site 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).
    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

[[Page 55205]]

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 5E4491                                   EPA-HQ-OPP-2007-0894
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PP 7E7247                                   EPA-HQ-OPP-2007-0894
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PP 7E7232                                   EPA-HQ-OPP-2007-0893
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PP 7E7244                                   EPA-HQ-OPP-2007-0872
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PP 6F7092                                   EPA-HQ-OPP-2006-0781
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PP 6F7106                                   EPA-HQ-OPP-2007-0416
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PP 7F7242                                   EPA-HQ-OPP-2007-0219
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PP 7F7243                                   EPA-HQ-OPP-2007-0871
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PP 7F7251                                   EPA-HQ-OPP-2007-0880
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PP 8E5012                                   EPA-HQ-OPP-2005-0119
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PP 7F7198                                   EPA-HQ-OPP-2007-0416
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PP 7F7225                                   EPA-HQ-OPP-2007-0810
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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 5E4491 and PP 7E7247. (EPA-HQ-OPP-2007-0894). Interregional 
Research Project Number 4 (IR-4), 500 College Road East, Suite 201W., 
Princeton, NJ 08540, proposes to establish a tolerance for residues of 
the insecticide and nematicide ethoprop in or on food commodities PP 
5E4491: Mint, hay and PP 7E7247: Hop, dried cone at 0.02 parts per 
million (ppm). Adequate methods for purposes of enforcement of ethoprop 
tolerances in plant commodities, ruminant tissues and milk are 
available. Contact: Susan Stanton, telephone number: (703) 305-5218; e-
mail address: stanton.susan@epa.gov.
    2. PP 7E7232. (EPA-HQ-OPP-2007-0893). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W., Princeton, 
NJ 08540, proposes to establish a tolerance for residues of the 
herbicide sethoxydim (2-[1-(ethoxyimino)butyl]-5-[2-(ethylthio) 
propyl]-3-hydroxy-2-cyclohexen-1-one) and its metabolites containing 
the 2-cyclohexen-1-one moiety (calculated as the herbicide) in or on 
food commodities cuphea, seed at 35.0 ppm; echium, seed at 35.0 ppm; 
gold of pleasure, seed at 35.0 ppm; gold of pleasure, meal at 40.0 ppm; 
hare's ear mustard, seed at 35.0 ppm; lesquerella, seed at 35.0 ppm; 
lunaria, seed at 35.0 ppm; meadowfoam, seed at 35.0 ppm; milkweed, seed 
at 35.0 ppm; mustard, seed at 35.0 ppm; oil radish, seed at 35.0 ppm; 
poppy, seed at 35.0 ppm; sesame, seed at 35.0 ppm; sweet rocket, seed 
at 35.0 ppm; crambe, seed at 35.0 ppm; crambe, meal at 40.0 ppm. 
Analytical methods for detecting levels of sethoxydim and its 
metabolites in or on food with a limit of detection that allows 
monitoring of food with residues at or above the level in these 
tolerances were submitted to EPA. The proposed analytical method 
involves extraction, partition, and cleanup. Samples are then analyzed 
by gas chromatography with sulfur-specific flame photometric detection. 
The limit of quantitation (LOQ) is 0.05 ppm. Contact: Barbara Madden, 
telephone number: (703) 305-6463; e-mail address: 
madden.barbara@epa.gov.

    3. PP 7E7244. (EPA-HQ-OPP-2007-0872). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W., Princeton, 
NJ, 08540, proposes to establish a tolerance for residues of the 
fungicide cyazofamid, 4-chloro-2-cyano-N,N-dimethyl-5-(4-methylphenyl)-
1H-imidazole-1-sulfonamide and its metabolite CCIM (4-chloro-5-(4-
methylphenyl)-1H-imidazole-2-carbonitrile) in or on food commodity 
carrot, roots at 0.06 ppm. Residues of cyazofamid and CCIM were 
extracted from 20 grams of carrot with acetonitrile. After filtration, 
the extract was transferred to a separatory funnel, washed with hexane, 
cleaned up on a Nexus SPE column, and the eluate was concentrated by 
using a TurboVap LV workstation. After reconstitution in 50:50 
acetonitrile: water, quantitation was achieved by liquid 
chromatography/mass spectrometry/mass spectrometry (LC/MS/MS). Contact: 
Susan Stanton, telephone number: (703) 305-5218; e-mail address: 
stanton.susan@epa.gov.

    4. PP 6F7092. (EPA-HQ-OPP-2006-0781). Valent U.S.A. Corporation, 
1600 Riviera Avenue, Suite 200, Walnut Creek, CA 94596, proposes to 
establish a tolerance for residues of the herbicide

[[Page 55206]]

flumioxazin, 2-[7-fluoro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4-
benzoxazin-6-yl]-4,5,6,7-tetrahydro-1H-isoindole-1,3(2H)-dione in or on 
food commodities alfalfa, forage at 1.0 ppm and alfalfa, hay at 2.0 
ppm. Practical analytical methods for detecting and measuring levels of 
flumioxazin have been developed and validated in or on all appropriate 
agricultural commodities and respective processing fractions. The level 
of quantitation (LOQ) of flumioxazin in the methods is 0.02 ppm which 
will allow monitoring of food with residues at the levels proposed for 
the tolerances. Contact: James M. Stone, telephone number: (703) 305-
7391; e-mail address: stone.james@epa.gov.
    5. PP 6F7106. (EPA-HQ-OPP-2007-0416). Syngenta Crop Protection, 
P.O. Box 18300, Greensboro, NC 27409, proposes to establish a tolerance 
for residues of the fungicide azoxystrobin, [methyl (E)-2-(2-(6-(2-
cyanophenoxy)pyrimidin-4-yloxy)phenyl)-3-methoxyacrylate] and the Z 
isomer of azoxystrobin, [methyl (Z)-2-(2-(6-(2-cyanophenoxy)pyrimidin-
4-yloxy)phenyl)-3-methoxyacrylate] in or on food commodities PP 6F7106: 
Barley, forage at 30 ppm; non-grass animal feeds, forage at 35 ppm; 
non-grass animal feeds, hay at 100 ppm; sorghum, forage at 25 ppm; 
sorghum, grain at 9 ppm; sorghum, stover at 40 ppm; wheat, forage at 30 
ppm. Syngenta Crop Protection also proposes to establish a tolerance 
for residues of the fungicide azoxystrobin, [methyl (E)-2-(2-(6-(2-
cyanophenoxy)pyrimidin-4-yloxy)phenyl)-3-methoxyacrylate] in or on food 
commodities PP 6F7106: Cattle, fat at 0.13 ppm; cattle, kidney at 1.00 
ppm; cattle, liver at 5.10 ppm; cattle, meat at 0.07 ppm; cattle, meat 
byproducts (except liver and kidney) at 0.07 ppm; goat, fat at 0.13 
ppm; goat, kidney at 1.00 ppm; goat, liver at 5.10 ppm; goat, meat at 
0.07 ppm; goat, meat byproducts (except liver and kidney) at 0.07 ppm; 
egg white at 0.01 ppm; egg, yolk at 0.15 ppm; hog, fat at 1.10 ppm; 
hog, kidney at 0.03 ppm; hog, liver at 0.23 ppm; hog, meat byproducts 
(except liver and kidney) at 0.01 ppm; horse, kidney at 1.00 ppm; 
horse, liver at 5.10 ppm; horse, meat at 0.07 ppm; milk at 0.05 ppm; 
poultry, fat at 0.01 ppm; poultry, liver at 0.12 ppm; poultry, meat at 
0.02 ppm; sheep, fat at 0.13 ppm; sheep, kidney at 1.00 ppm; sheep, 
liver at 5.10 ppm; sheep, meat at 0.07 ppm; sheep, meat byproducts 
(except liver and kidney) at 0.07 ppm. An adequate analytical method, 
gas chromatography with nitrogen-phosphorus detection (GC-NPD) or in 
mobile phase by high performance liquid chromatography with ultra-
violet detection (HPLC-UV), 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. The Analytical Chemistry 
section of the EPA concluded that the method(s) are adequate for 
enforcement. Analytical methods are also available for analyzing meat, 
milk, poultry and eggs which also underwent successful independent 
laboratory validations. Contact: John Bazuin, telephone number: (703) 
305-7381; e-mail address: bazuin.john@epa.gov.
    6. PP 7F7242. (EPA-HQ-OPP-2007-0219). E. I. DuPont de Nemours and 
Company, DuPont Crop Protection, P.O. Box 30, Newark, DE 19714-0030, 
proposes to establish a tolerance for the sum of the residues of the 
insecticide oxamyl (methyl N-N-dimethyl-N-[(methylcarbamyl)-oxy]-1-
thiooxamimidate) and its oxime metabolite methyl N,N-dimethyl-N-
hydroxy-1-thiooxaminimidate in or on food commodities wheat forage, 
wheat hay, and wheat straw at 0.20 ppm. Adequate methods are available 
for data collection and tolerance enforcement for plant and animal 
commodities. The limit of quantitation is approximately 0.02 ppm. The 
Pesticide Analytical Manual (PAM) Vol. II, lists a gas liquid 
chromatography (GLC) method with flame photometric detection (sulfur 
mode), Method I, for the enforcement of tolerances for plant and animal 
commodities. This method involves alkaline hydrolysis to convert oxamyl 
to the oxime metabolite; therefore, the method determines combined 
residues of oxamyl and its oxime metabolite. Methods used for data 
collection are essentially the same as the PAM Vol. II method. The FDA 
PESTDATA database dated 1/94 (PAM Volume I, Appendix I) indicates that 
oxamyl is completely recovered (>80%) by multi-residue methods section 
302 (Luke Method; Protocol D) and section 401. Contact: Thomas C. 
Harris, telephone number: (703) 308-9423; e-mail address: 
harris.thomas@epa.gov.

    7. PP 7F7243. (EPA-HQ-OPP-2007-0871). Valent U.S.A. Corporation, 
1600 Riviera Avenue, Suite 200, Walnut Creek, CA 94596, proposes to 
establish a tolerance for residues of the herbicide flumioxazin, 2-[7-
fluoro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4-benzoxazin-6-yl]-
4,5,6,7-tetrahydro-1H-isoindole-1,3(2H)-dione in or on food commodities 
corn, field grain at 0.02 ppm; corn, field forage at 0.02 ppm; and 
corn, field stover at 0.02 ppm. Practical analytical methods for 
detecting and measuring levels of flumioxazin have been developed and 
validated in or on all appropriate agricultural commodities and 
respective processing fractions. The level of quantitation (LOQ) of 
flumioxazin in the methods is 0.02 ppm which will allow monitoring of 
food with residues at the levels proposed for the tolerances. Contact: 
James M. Stone, telephone number: (703) 305-7391; e-mail address: 
stone.james@epa.gov.

    8. PP 7F7251. (EPA-HQ-OPP-2007-0880). McLaughlin Gormley King 
Company (MGK), 8810 Tenth Avenue North, Minneapolis, MN 55427, proposes 
to establish a tolerance for residues of the insecticide D-phenothrin 
in or on all food commodities at 0.01 ppm after wide-area mosquito 
adulticide treatments. Golden Pacific Laboratories developed and 
validated a liquid chromatography/mass spectrometry/mass spectrometry 
(LC/MS/MS) analytical method with a limit of quantitation (LOQ) of 10 
ppb of Sumithrin and a limit of detection (LOD) of 2 ppb as requested 
by EPA (see MRID  46770001, ``Magnitude of the Residue of 
Multicide Mosquito Adulticiding Concentrate 2705 in Grass, Alfalfa, and 
Leaf Lettuce, Raw Agricultural Commodities Following Mosquito Control 
Overhead Treatment''). This method was used to analyze a total of 332 
field samples, 24 control samples, and 48 lab-fortified samples for 
Sumithrin after aerial application of an end use concentrate containing 
10% Sumithrin (D-phenothrin) and 10% of the synergist piperonyl 
butoxide. Contact: Ann Sibold, telephone number: (703) 305-6502; e-mail 
address: sibold.ann@epa.gov.

Amendment to Existing Tolerances

    1. PP 8E5012. (EPA-HQ-OPP-2005-0119). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201W, Princeton, 
NJ 08540, proposes to amend the tolerances in 40 CFR 180.532 by 
extending the expiration date for the existing time-limited tolerances 
established under the pesticide petition PP 8E5012, for an additional 
2-year period from December 31, 2007 to December 31, 2009 for residues 
of the fungicide cyprodinil: 4-cyclopropyl-6-methyl-N-phenyl-2-
pyrimidinamine in or on the food commodities onion, dry bulb at 0.60 
ppm; onion, green at 4.0 ppm; and strawberry at 5.0 ppm. Syngenta Crop 
Protection has developed and validated analytical methodology for 
enforcement purposes. This method (Syngenta Crop Protection Method AG-
631B) has passed an Agency petition method validation for several 
commodities and is currently the enforcement method for cyprodinil. An 
extensive database of

[[Page 55207]]

method validation data using this method on various crop commodities is 
available. Contact: Barbara Madden, telephone number: (703) 305-6463; 
e-mail address: madden.barbara@epa.gov.
    2. PP 6F7106 and PP 7F7198. (EPA-HQ-OPP-2007-0416). Syngenta Crop 
Protection, P.O. Box 18300, Greensboro, NC 27409, proposes to amend the 
tolerances in 40 CFR 180.507 for residues of the fungicide 
azoxystrobin, (methyl (E)-2-(2-[6-(2-cyanophenoxy)pyrimidin-4-
yloxy]phenyl)-3-methoxyacrylate) and the Z isomer of azoxystrobin, 
(methyl (Z)-2-{2-[6-(2-cyanophenoxy)pyrimidin-4-yloxy]phenyl)-3-
methoxyacrylate) in or on the food commodities PP 6F7106: Aspirated 
grain fractions at 112 ppm; and PP 7F7198: Cotton, gin byproducts at 35 
ppm; cotton, undelinted seed at 0.7 ppm; and rice, wild at 5.0 ppm. An 
adequate analytical method, gas chromatography with nitrogen-phosphorus 
detection (GC-NPD) or in mobile phase by high performance liquid 
chromatography with ultra-violet detection (HPLC-UV), 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. 
The Analytical Chemistry section of the EPA concluded that the 
method(s) are adequate for enforcement. Analytical methods are also 
available for analyzing meat, milk, poultry and eggs which also 
underwent successful independent laboratory validations. Contact: John 
Bazuin, telephone number: (703) 305-7381; e-mail address: 
bazuin.john@epa.gov.


New Exemption from Tolerance

    PP 7F7225. (EPA-HQ-OPP-2007-0810). Cutting Edge Formulations, Inc., 
5106 Bristol Industrial Way, Suite 400, Buford, GA 30518, proposes to 
establish an exemption from the requirement of a tolerance for residues 
of d-Limonene in or on food commodities tree, vine and berry crops, 
vegetable crops, alfalfa, rice, cotton, herbs and spices. Because this 
petition is a request for an exemption from the requirement of a 
tolerance without numerical limitations, no analytical method is 
required. Contact: Erik Kraft, telephone number: (703) 308-9358; e-mail 
address: kraft.erik@epa.gov.

List of Subjects

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


    Dated: September 19, 2007.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-19235 Filed 9-27-07; 8:45 am]

BILLING CODE 6560-50-S
