

[Federal Register: October 24, 2007 (Volume 72, Number 205)]
[Notices]               
[Page 60367-60368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc07-93]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0936; FRL-8154-1]

 
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 November 23, 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).
    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.

[[Page 60368]]

    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.


------------------------------------------------------------------------
                 PP Number                        Docket ID Number
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PP 6F7135                                   EPA-HQ-OPP-2007-0495
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PP 0F6201                                   EPA-HQ-OPP-2007-0495
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PP 7F7211                                   EPA-HQ-OPP-2007-0507
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PP 7F7223                                   EPA-HQ-OPP-2007-0507
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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 6F7135. (EPA-HQ-OPP-2007-0495). Dow AgroSciences LLC, 9330 
Zionsville Road, Indianapolis, IN 46268, proposes to establish a 
tolerance for residues of the insecticide methoxyfenozide, Intrepid 2F 
in or on food commodities animal feed, non-grass, group 18, forage at 
35 parts per million (ppm); animal feed, non-grass, group 18, hay at 85 
ppm; poultry-liver at 0.2 ppm; and eggs at 0.04 ppm. Adequate 
enforcement methods are available for determination of methoxyfenozide 
residues in plant commodities. The available Analytical Enforcement 
Methodology was previously reviewed in the Federal Register of 
September 20, 2002 (67 FR 59193). Contact: Mark Suarez, (703) 305-0120, 
e-mail address: suarez.mark@epa.gov.

Amendment to Existing Tolerance

    1. PP 0F6201. (EPA-HQ-OPP-2007-0495). Dow AgroSciences LLC, 9330 
Zionsville Road, Indianapolis, IN 46268, proposes to amend the 
tolerances in 40 CFR 180.544 to reestablish the time-limited tolerances 
for indirect or inadvertent residues of insecticide methoxyfenozide and 
its metabolites RH-117,236 free phenol of methoxyfenozide; 3,5-
dimethylbenzoic acid N-tert-butyl-N'-(3-hydroxy-2-methylbenzoyl) 
hydrazide, RH-151,055 glucose conjugate of RH-117,236; 3,5-
dimethylbenzoic acid N-tert-butyl-N-[3([beta]-D-glucopyranosyloxy)-2-
methylbenzoyl]-hydrazide) and RH-152,072 the malonylglycosyl conjugate 
of RH-117,236 in or on the food commodities vegetable, root and tuber, 
group 1 at 0.1 parts per million (ppm); vegetable, leaves of root and 
tuber, group 2 at 0.2 ppm; vegetable, bulb, group 3 at 0.2 ppm; 
vegetable, legume, group 6 at 0.1 ppm; vegetable, foliage of legume, 
group 7 at 10 ppm; grain, cereal, forage, fodder, and straw, group 16 
at 10 ppm; grass, forage, fodder and hay, group 17 at 10 ppm; animal 
feed, non-grass, group 18 at 10 ppm; and herb and spice, group 19 at 10 
ppm. Adequate enforcement methods are available for determination of 
methoxyfenozide residues in plant commodities, based on the Rohm and 
Haas Company Technical Report No. 34-98-87, ``Tolerance Enforcement 
Method for Parent RH-2485 in Pome Fruit.'' The available Analytical 
Enforcement Methodology was previously reviewed in the Federal Register 
of September 20, 2002 (67 FR 59193).
    Rohm and Haas Company requested these tolerances under the Federal 
Food, Drug, and Cosmetic Act, as amended by the Food Quality Protection 
Act of 1996. A Notice of Filing was submitted and published in the 
Federal Register of March 19, 2001 (66 FR 15443) (FRL-6766-7). Based on 
the data submitted by Rohm and Haas Company, the Agency determined that 
only time-limited tolerances for these residues could be established. 
The final rule was published on September 20, 2002 (67 FR 59193) (FRL-
7198-5) with time-limited tolerances expiring on September 30, 2007. To 
enable establishment of permanent tolerances, 24 additional rotational 
crop trials were requested. The data were submitted to the Agency on 
March 3 and June 17, 2003. An extension of the tolerances which expired 
September 30, 2007 is needed to allow for Agency review of the 
additional rotational crop data. Contact: Mark Suarez, (703) 305-0120, 
e-mail address: suarez.mark@epa.gov.
    2. PPs 7F7211 and 7F7223. (EPA-HQ-OPP-2007-0507). Gowan Company, 
370 South Main Street, Yuma, AZ 85364, proposes to amend the tolerances 
in 40 CFR 180.448 for residues of the 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 the processed food commodities citrus 
dried pulp from 1.5 ppm to 0.6 ppm; and citrus oil from 0.9 ppm to 26 
ppm (PP 7F7223). Gowan Company also proposes to amend the existing 
tolerances in or on the food commodities pome fruit, crop group 11 from 
1.7 ppm to 0.25 ppm; wet apple pomace from 2.5 ppm to 0.74 ppm; and the 
meat byproducts of cattle, goat, horse and sheep from 0.12 ppm to 0.02 
ppm (PP 7F7211). A practical analytical method, high pressure liquid 
chromatography 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: Olga Odiott, (703) 308-9369, e-mail address: 
odiott.olga@epa.gov.


List of Subjects

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

    Dated: October 16, 2007.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-20967 Filed 10-23-07; 8:45 am]

BILLING CODE 6560-50-S
