

[Federal Register: February 13, 2008 (Volume 73, Number 30)]
[Notices]               
[Page 8307-8309]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe08-64]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0046; FRL-8351-5]

 
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 14, 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 8308]]

    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 6F7094                                   EPA-HQ-OPP-2006-0855
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PP 6F7095                                   EPA-HQ-OPP-2006-0855
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PP 7F7246                                   EPA-HQ-OPP-2007-1065
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PP 5F6986                                   EPA-HQ-OPP-2005-0145
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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 6F7094. (EPA-HQ-OPP-2006-0855). BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528, proposes 
to establish a tolerance for residues of the fungicide metconazole, 5-
[(4-chlorophenyl)-methyl]-2,2-dimethyl-1-(1H-1,2,4-triazol-1-
ylmethyl)cyclopentanol, measured as the sum of cis- and trans- isomers 
in or on food commodities barley, grain at 2.0 parts per million (ppm); 
barley, hay at 7.0 ppm, barley straw at 7.0 ppm; beet, sugar, root at 
0.1 ppm; beet, sugar, tops at 2.0 ppm; beet, sugar, pulp, dry at 1.9 
ppm; beet, sugar, molasses at 0.2 ppm; beet, sugar, raw at 0.25 ppm; 
oat, grain at 1.0 ppm; oat, straw at 6.0 ppm; oat, hay at 17 ppm; rye, 
grain at 0.25 ppm; rye, straw at 14.0 ppm; soybean, forage at 3.0 ppm; 
soybean, hay at 6.0 ppm; soybean, seed at 0.10 ppm; soybean, aspirated 
grain fractions at 1.0 ppm; soybean, hulls at 0.2 ppm; triticale at 
0.25 ppm, wheat, grain at 0.15 ppm; wheat, hay at 16.0 ppm; wheat, 
straw at 18.0 ppm; wheat, aspirated grain fractions at 10.0 ppm; wheat, 
milled byproducts at 1.0 ppm. Independently validated analytical method 
have been submitted for analyzing parent metconazole residues with 
appropriate sensitivity in all the crop and processed commodities for 
soybean, sugar beet, barley, wheat, oats, and rye for which tolerances 
are being requested. Contact: Tracy Keigwin, telephone number: (703) 
305-6605; e-mail address: keigwin.tracy@epa.gov.
     2. PP 6F7095. (EPA-HQ-OPP-2006-0855). Valent U.S.A. Company, 1600 
Riviera Ave., Suite 200, Walnut Creek, CA 94596-8025, proposes to 
establish a tolerance for residues of the fungicide metconazole, 5-[(4-
chlorophenyl)-methyl]-2,2-dimethyl-1-(1H-1,2,4-triazol-1-
ylmethyl)cyclopentanol, measured as the sum of cis- and trans- isomers 
in or on food commodities fruits, stone (crop group 12) at 0.2 ppm ; 
nuts, tree (crop group 14) including pistachio at 0.02 ppm; almond 
hulls at 5.0 ppm; and peanut at 0.02 ppm. Independently validated 
analytical method have been submitted for analyzing parent metconazole 
residues with appropriate sensitivity in all the crop and processed 
commodities for stone fruit (crop group 12), tree nuts (crop group 14), 
and peanuts for which tolerances are being requested. Contact: Tracy 
Keigwin, telephone number: (703) 305-6605; e-mail address: 
keigwin.tracy@epa.gov.

     3. PP 7F7246. (EPA-HQ-OPP-2007-1065). KIM-C1, LLC, c/o Siemer and 
Associates, Inc., 135 W. Shaw, Suite 102, Fresno, CA 93704, proposes to 
establish a time-limited tolerance for residues of the fungicide 
forchlorfenuron (KT-30), in or on food commodities almond, cherry, fig, 
pear, pistachio, plum/prune at 0.01 ppm. Two analytical methods, both 
based on high performance liquid chromatography (HPLC) procedures have 
been developed. The first method used a visible ultraviolet (UV) 
detector, while the second method used a mass spectrophotometer (MS) 
detector. Since the MS detector is capable of both qualitative as well 
as quantitative measurement, it is the preferred method. The lowest 
level of quantification (LOQ) in all of the crops (i.e. almond, cherry, 
fig, pear, pistachio and prune) was 0.01 ppm. Contact: Tawanda Maignan, 
telephone number: (703) 308-8050; e-mail address: 
maignan.tawanda@epa.gov.


Revised Notice of Filing of a Pesticide Petition

     PP 5F6986. (EPA-HQ-OPP-2005-00145). BASF Corporation, Research 
Triangle Park, NC 27709, submitted a revised notice of filing for their 
pesticide petition which supersedes/replaces the previous notice 
published in the Federal Register of February 15, 2006 (71 FR 7951) 
(FRL-7759-3). This revised notice proposes to establish a tolerance for 
residues of the fungicide boscalid (BAS 510F), 3-pyridinecarboxamide, 
2-chloro-N-(4'-chloro[1,1'-biphenyl]-2-yl) in or on food commodities 
caneberry, crop group 13A at 6.0 ppm; bushberry, crop group 13B at 10.0 
ppm; cucumber at 0.5 ppm; and vegetable, root, subgroup 1A, except 
sugar beet, garden beet, radish and turnip at 1.0 ppm. In plants, the 
parent residue is extracted using an aqueous organic solvent mixture 
followed by liquid/liquid partitioning and a column clean up. 
Quantitation is by gas chromatography using mass spectrometry (GC/MS). 
In livestock, the residues are extracted with methanol. The extract is 
treated with enzymes in order to release the conjugated glucuronic acid 
metabolite. The residues are then isolated by liquid/liquid partition 
followed by column chromatography. The hydroxylated metabolite is 
acetylated followed by a column clean up. The parent and acetylated 
metabolite are quantitated by gas chromatography with electron capture 
detection. Contact: Bryant Crowe, telephone number: (703) 305-0025; e-
mail address: crowe.bryant@epa.gov.

List of Subjects

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


[[Page 8309]]


    Dated: February 4, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E8-2551 Filed 2-12-08; 8:45 am]

BILLING CODE 6560-50-S
