

[Federal Register: February 6, 2008 (Volume 73, Number 25)]
[Notices]               
[Page 6964-6967]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe08-54]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0046; FRL-8350-9]

 
Notice of Filing of Pesticide Petitions for Residues of Pesticide 
Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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 7, 2008.

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 docket identification 
(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 6965]]

    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
------------------------------------------------------------------------
PP 7E7258                                   EPA-HQ-OPP-2008-0049
------------------------------------------------------------------------
PP 7E7286                                   EPA-HQ-OPP-2008-0049
------------------------------------------------------------------------
PP 7E7268                                   EPA-HQ-OPP-2007-1199
------------------------------------------------------------------------
PP 7E7287                                   EPA-HQ-OPP-2007-1159
------------------------------------------------------------------------
PP 7E7298                                   EPA-HQ-OPP-2006-0875
------------------------------------------------------------------------
PP 7E7300                                   EPA-HQ-OPP-2007-1202
------------------------------------------------------------------------
PP 7F7289                                   EPA-HQ-OPP-2008-0066
------------------------------------------------------------------------
PP 7F7304                                   EPA-HQ-OPP-2008-0065
------------------------------------------------------------------------
PP 7E7239                                   EPA-HQ-OPP-2008-0039
------------------------------------------------------------------------
PP 7E7241                                   EPA-HQ-OPP-2008-0040
------------------------------------------------------------------------
PP 7E7309                                   EPA-HQ-OPP-2008-0044
------------------------------------------------------------------------
PP 7E7261                                   EPA-HQ-OPP-2008-0043
------------------------------------------------------------------------
PP 7E7303                                   EPA-HQ-OPP-2008-0060
------------------------------------------------------------------------
PP 7F7179                                   EPA-HQ-OPP-2008-0041
------------------------------------------------------------------------

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.


A. New Tolerances

    1. PP 7E7258 and 7E7286. (EPA-HQ-OPP-2008-0049). 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 triflumizole, [1-[1-((4-chloro-2-(trifluoromethyl) 
phenyl)imino)-2propoxyethyl]-1H-imidazole] in or on food commodities 
for PP 7E7258: Leafy greens except spinach (subgroup 4A) and cilantro, 
leaves at 35 parts per million (ppm); swiss chard at 18 ppm; pineapple 
at 4.0 ppm; papaya; sapote black; canistel; sapote, mamey; mango; 
sapodilla and star apple at 2.5 ppm; hop, dried cones at 50.0 ppm; and 
for PP 7E7286: Brassica, head and stem, subgroup 5A at 5.0 ppm. The 
analytical method is suitable for analyzing crops for residues of 
triflumizole and its aniline containing metabolites at the proposed 
tolerance levels. The analytical method has been independently 
validated. Residue levels of triflumizole are converted to FA-1-1 by 
acidic and alkaline reflux, followed by distillation. Residues are then 
extracted and subjected to SPE purification. Detection and quantitation 
are conducted by gas chromatograph equipped with nitrogen phosphorus 
detector, electron capture detector or mass spectrometry detection. The 
limit of quantitation of the method has been determined in the range of 
0.01 ppm to 0.05 ppm for the combined residues of triflumizole and FA-
1-1. The enforcement methodology has been submitted to the Food and 
Drug Administration for publication in the Pesticide Analytical Manual 
(PAM II) Vol. II. Contact: Sidney Jackson, telephone number: (703) 305-
7610; e-mail address: jackson.sidney@epa.gov.
    2. PP 7E7268. (EPA-HQ-OPP-2007-1199). Valent USA Corporation, 1600 
Riviera Avenue, Walnut Creek, CA 94596-8025, proposes to establish a 
tolerance for residues of the uniconazole, [(E)-(+)-(S)-1-(4-
chlorophenyl)-4,4-dimethyl-2-(1,2,4-triazol-1-yl)-pent-1-ene-3-ol] in 
or on food commodity vegetables, fruiting, group 8 at 0.01 ppm. An 
adequate analytical enforcement method is available for the 
determination of residues of uniconazole in plants. The analytical 
method has been validated by an independent laboratory. Contact: Shaja 
R. Brothers, telephone number: (703) 308-3194; e-mail address: 
brothers.shaja@epa.gov.

    3. PP 7E7287. (EPA-HQ-OPP-2007-1159). Interregional Research 
Project 4 (IR-4), Rutgers, The State University of New Jersey, 
500 College Road East, Suite 201 W, Princeton, NJ 08540, proposes to 
establish a tolerance for residues of gamma-cyhalothrin ((S)-[alpha]-
cyano-3-phenoxybenzyl (Z)-(1R,3R)-3-(2-chloro-3,3,3-trifluoripropenyl)-
2,2-dimethylcyclopropanecarboxylate) in or on food commodities 
pistachio at 0.05 ppm and okra at 0.2 ppm. An adequate analytical 
method is available for enforcement purposes. In the Federal Register 
of April 8, 2004 (69 FR 18480) (FRL-7353-4), the ICI method 81 for 
lamda-cyhalothrin has been validated by EPA. Given the enantiomeric 
relation of gamma-cyhalothrin to lambda-cyhalothrin and the fact that 
the method does not provide chiral resolution, the method is also 
applicable to gamma-cyhalothrin. Contact: Susan Stanton, telephone 
number: (703) 305-5218; e-mail address: stanton.susan@epa.gov.
    4. PP 7E7298. (EPA-HQ-OPP-2006-0875). 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 fenpropathrin, alpha-cyano-3-phenoxybenzyl 
2,2,3,3-tetramethylcyclopropanecarboxylate in or on food commodities 
caneberry subgroup 13-07A at 12 ppm and olives at 5 ppm. Adequate 
analytical methodology is available to detect and quantify 
fenpropathrin at residue levels in numerous matrices. The methods use 
solvent extraction and partition and/or column chromatography clean-up 
steps, followed by separation and quantitation using capillary gas 
liquid chromatography (GLC) with FID. The extraction efficiency has 
been validated using radiocarbon samples from the plant and animal 
metabolism studies. The enforcement methods have been validated at 
independent laboratories and by EPA. The limit of quantification (LOQ) 
for fenpropathrin in raw agricultural commodity samples is usually 0.01 
ppm. Contact: Sidney Jackson, telephone number: (703) 305-7610; e-mail 
address: jackson.sidney@epa.gov.
    5.PP 7E7300. (EPA-HQ-OPP-2007-1202). Interregional Research Project 
Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, NJ 
05840, proposes to establish a tolerance for

[[Page 6966]]

residues of propiconazole, 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-
dioxolan-2-yl] methyl]-1H-1,2,4-triazole and its metabolites determined 
as 2,4,-dichlorobenzoic acid and expressed as parent compound in or on 
food commodities beet, garden, roots at 0.6 ppm; parsley, leaves at 13 
ppm; parsley, dried leaves at 60 ppm; coriander, fresh at 13 ppm; 
vegetable, leaves of root and tuber, group 2 at 8.0 ppm; pineapple 
(post harvest) at 0.9 ppm; and turnip, roots at 0.2 ppm. Analytical 
methods AG-626 and AG-454A were developed for the determination of 
residues of propiconazole and its metabolites containing the DCBA 
moiety. Analytical method AG-626 has been accepted and published by EPA 
as the tolerance enforcement method for crops. The limit of 
quantitation (LOQ) for the method is 0.05 ppm. Contact: Shaja R. 
Brothers, telephone number: (703) 308-3194; e-mail address: 
brothers.shaja@epa.gov.

    6. PP 7F7289. (EPA-HQ-OPP-2008-0066). Syngenta Crop Protection, 
Inc., P.O. Box 18300, Greensboro, NC 27419, proposes to establish a 
tolerance for residues of the herbicide fluazifop-p-butyl in or on food 
commodities dry beans at 25 ppm; dry beans at 25 ppm; peanuts at 1.5 
ppm; soybean at 2.5 ppm; soybean meal at 2.5 ppm; and soybean refined 
oil at 0.01 ppm. The analytical method utilized in the studies 
supporting this action is based upon the Pesticide Analytical Method 
(PAM) Vol. II, Method II for the enforcement of tolerances for 
fluazifop-p-butyl residues of concern for oily and non-oily crops. 
Using this method, residues of fluazifop-p-butyl or fluazifop, and any 
ester or acid conjugates are extracted from crop samples using a 
mixture of acetonitrile and dilute acid. Residues are then hydrolyzed 
using hydrochloric acid to fluazifop and further cleaned up via solvent 
partitioning, and absorption chromatography. Once sufficiently cleaned 
up, the samples are subsequently derivatized to form the methyl ester 
derivative of fluazifop prior mass-selective detection using gas 
chromatography/mass spectrometry (GC/MS). It should be noted that this 
analytical method does not distinguish the optical isomers of 
fluazifop-butyl or fluazifop but instead, hydrolyzes these residues to 
a common moiety (fluazifop acid) and as such, the detected residues are 
reported as ``fluazifop'' residues. Contact: James M. Stone, telephone 
number: (703) 305-7391; e-mail address: stone.james@epa.gov.
    7. PP 7F7304. (EPA-HQ-OPP-2008-0065). Bayer CropScience, 2 T.W. 
Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709, 
proposes to establish a tolerance for residues of the herbicide 
propoxycarbazone, methyl 2-[[[(4,5-dihydro-4-methyl-5-oxo-3-propoxy-1H-
1,2,4-triazol-1-yl)carbonyl]amino]sulfonyl] benzoate and its 
metabolite, methyl 2-[[[(4,5-dihydro-3-(2-hydroxypropoxy)-4-methyl-5-
oxo-1H-1,2,4-triazol-1-yl)carbonyl]amino]sulfonyl]benzoate (MKH-6561) 
in or on food commodities grass forage at 20 ppm, and grass hay at 25 
ppm. The proposed tolerance expression is MKH-6561 and Pr-2-OH MKH-
6561. An analytical method was developed to measure these two analytes 
in plant matrices. The method was validated in grass tissues and the 
analysis by high performance liquid chromatography-electrospray 
ionization/tandem mass spectrometry (LC/MS/MS). In animal matrices, the 
proposed tolerance expression is MKH-6561. The proposed tolerance 
expression is MKH-6561. An analytical method was developed to measure 
this analyte in animal tissues and milk. The method was validated in 
animal tissues and milk. MKH-6561 was extracted from the tissues with 
0.05 M NH4OH using accelerated solvent extraction. Trifluoroacetic acid 
(0.5 mL) and an isotopically labeled internal standard were added to 
the extract which was then centrifuged at 2,000 rpm for 10 minutes. 
Approximately half of the sample was loaded onto a C-18 SPE cartridge. 
The C-18 SPE cartridge was washed with aqueous trifluoroacetic acid 
(0.1%) and aqueous acetic acid (0.1%). A three to one mixture of 
acetonitrile and aqueous acetic acid (0.1%) was used to elute the 
analytes from the C-18 SPE cartridge. Water and acetic acid were added 
to the sample which was analyzed by LC/MS/MS. Milk samples were 
analyzed by amending an aliquot of milk with trifluororacetic acid (0.5 
mL) and isotopically labeled internal standard. The sample was purified 
by C-18 SPE as described above. The resultant sample was analyzed by 
LC/MS/MS. Contact: James M. Stone, telephone number: (703) 305-7391; e-
mail address: stone.james@epa.gov.

B. Amendment to Existing Tolerance

    PP 7F7304. (EPA-HQ-OPP-2008-0065). Bayer CropScience, 2 T.W. 
Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709, 
proposes to amend the tolerances in 40 CFR 180.600 by increasing the 
established tolerances for residues of the herbicide propoxycarbazone, 
methyl 2-[[[(4,5-dihydro-4-methyl-5-oxo-3-propoxy-1H-1,2,4-triazol-1-
yl)carbonyl]amino]sulfonyl]benzoate (Pr-2-OH MKH-6561) in or on the 
food commodities cattle, goat, horse, sheep meat from 0.05 ppm to 0.1 
ppm; meat byproducts from 0.3 ppm to 1.0 ppm; and milk from 0.03 ppm to 
0.05 ppm. The analytical method is described (see Unit III. A. 7). 
Contact: James M. Stone, telephone number: (703) 305-7391; e-mail 
address: stone.james@epa.gov.

C. New Exemption from Tolerances

    1. PP 7E7239. (EPA-HQ-OPP-2008-0039). Whitmire Micro-Gen c/o Landis 
International, Inc., P.O. Box 5126, Valdosta, GA 31603-5136, proposes 
to amend 40 CFR 180 by establishing an exemption from the requirement 
of a tolerance under 40 CFR 180.930 for residues of acetone, when used 
as an inert ingredient in a pesticide product when used in accordance 
with good agricultural practice as a solvent or co-solvent in pesticide 
formulations applied to animals. Because this petition is a request for 
an exemption from the requirement of a tolerance, no analytical method 
is required. Contact: Karen Samek, telephone number: (703) 347-8825; e-
mail address: samek.karen@epa.gov.
    2. PP 7E7241. (EPA-HQ-OPP-2008-0040). Whitmire Micro-Gen c/o Landis 
International, Inc., P.O. Box 5126, Valdosta, GA 31603-5136, proposes 
to amend 40 CFR 180 by establishing an exemption from the requirement 
of a tolerance under 40 CFR 180.910 for residues of potassium benzoate, 
when used as an inert ingredient in a pesticide product when used in 
accordance with good agricultural practice as a preservative in 
pesticide products applied to growing crops or to raw agricultural 
commodities after harvest. Because this petition is a request for an 
exemption from the requirement of a tolerance, no analytical method is 
required. Contact: Karen Samek, telephone number: (703) 347-8825; e-
mail address: samek.karen@epa.gov.
    3. PP 7E7309. (EPA-HQ-OPP-2008-0044). Syngenta Crop Protection, 
P.O. Box 18300, Greensboro, NC 27409, proposes to amend 40 CFR 180 by 
establishing an exemption from the requirement of a tolerance under 40 
CFR 180.910 for residues of 1,2-benzisothiazolin-3-one (BIT) as an 
inert ingredient in post-harvest applications at a maximum of 0.1% in 
an end-use product formulation. In September 2005, EPA published a 
Reregistration Eligibility Decision (RED) for BIT. This extensive 
document provides an overview of the available information for BIT. 
Because this petition is a request for an exemption from the 
requirement of a tolerance, no analytical method is required. Contact: 
Karen Samek, telephone number: (703) 347-

[[Page 6967]]

8825; e-mail address: samek.karen@epa.gov.
    4. PP 7E7261. (EPA-HQ-OPP-2008-0043). Monsanto Company, 1300 ``I'' 
St., NW. Suite 450 East, Washington, DC 20005, proposes to amend 40 CFR 
180 by establishing an exemption from the requirement of a tolerance 
for residues of sodium sulfite in or on any food or feed commodity when 
used as an inert ingredient in a pesticide product with the following 
limitations: Not to exceed 0.8% by weight in the formulated product. 
For use only in formulated products containing the active ingredient 
glyphosate and applied only to growing crops. Because this petition is 
a request for an exemption from the requirement of a tolerance, no 
analytical method is required. Contact: Karen Samek, telephone number: 
(703) 347-8825; e-mail address: samek.karen@epa.gov.
    5. PP 7E7303. (EPA-HQ-OPP-2008-0060). LANXESS Corporation, 111 RIDC 
Park West Dr., Pittsburgh, PA 15275, proposes to amend 40 CFR 180 by 
establishing an exemption from the requirement of a tolerance under 40 
CFR 180.910 for residues of methanol, (phenylmethoxy)- (CAS Reg. No. 
14548-60-8) applied to growing crops and raw agricultural commodities 
after harvest at no more than 0.25% of the total pesticide formulation 
when used as either an in-can preservative or as a colorant in seed 
coatings. Because this petition is a request for an exemption from the 
requirement of a tolerance, no analytical method is required. Contact: 
Karen Samek, telephone number: (703) 347-8825; e-mail address: 
samek.karen@epa.gov.


D. Amendment to Existing Exemption from a Tolerance

     PP 7F7179. (EPA-HQ-OPP-2008-0041). ETI H2O, 1725 Gillespie Way, El 
Cajon, CA 92020, proposes to amend the existing exemption from the 
requirement of a tolerance in 40 CFR 180.940(a) for residues of sodium 
lauryl sulfate, (CAS Reg. No. 151-21-3) as a component of food contact 
sanitizing solutions applied to all food contact surfaces in public 
eating places, dairy-processing equipment, and food-processing 
equipment and utensils at a maximum level in the end-use concentration 
of 350 ppm. Because this petition is a request for an exemption from 
the requirement of a tolerance, no analytical method is required. 
Contact: Karen Samek, telephone number: (703) 347-8825; e-mail address: 
samek.karen@epa.gov.


List of Subjects

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

    Dated: January 30, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E8-2172 Filed 2-5-08; 8:45 am]

BILLING CODE 6560-50-S
