Notice of Filing of Pesticide Petitions for Residues of Pesticide
Chemicals in or on Various Commodities
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
------------------------------------------------------------------------
PP Number Docket ID Number
------------------------------------------------------------------------
PP 5E4491 EPA-HQ-OPP-2007-0894
------------------------------------------------------------------------
PP 7E7247 EPA-HQ-OPP-2007-0894
------------------------------------------------------------------------
PP 7E7232 EPA-HQ-OPP-2007-0893
------------------------------------------------------------------------
PP 7E7244 EPA-HQ-OPP-2007-0872
------------------------------------------------------------------------
PP 6F7092 EPA-HQ-OPP-2006-0781
------------------------------------------------------------------------
PP 6F7106 EPA-HQ-OPP-2007-0416
------------------------------------------------------------------------
PP 7F7242 EPA-HQ-OPP-2007-0219
------------------------------------------------------------------------
PP 7F7243 EPA-HQ-OPP-2007-0871
------------------------------------------------------------------------
PP 7F7251 EPA-HQ-OPP-2007-0880
------------------------------------------------------------------------
PP 8E5012 EPA-HQ-OPP-2005-0119
------------------------------------------------------------------------
PP 7F7198 EPA-HQ-OPP-2007-0416
------------------------------------------------------------------------
PP 7F7225 EPA-HQ-OPP-2007-0810
------------------------------------------------------------------------
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
![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}