E7-16561. 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 September 21, 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 [phone].

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 [phone].

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.

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 6E7074	EPA-HQ-OPP-2007-0536
PP 6E7120	EPA-HQ-OPP-2007-0541
PP 6F7115	EPA-HQ-OPP-2007-0541
PP 7E7213	EPA-HQ-OPP-2007-0472
PP 7E7230	EPA-HQ-OPP-2007-0604
PP 7E7233	EPA-HQ-OPP-2007-0555
PP 6F7123	EPA-HQ-OPP-2007-0539
PP 7F7171	EPA-HQ-OPP-2007-0539

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 6E7074. (EPA-HQ-OPP-2007-0536). Interregional Research Project Number 4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ 08540-6635, proposes to establish a tolerance for residues of the fungicide fenarimol [alpha-(2-chlorophenyl)-alpha-(4-chlorophenyl)-5-pyrimidinemethanol] in or on food commodity hop at 1.0 parts per million (ppm). Analytical methodologies used for hop are slight modifications of the basic pesticide analytical manual (PAM) II method for fenarimol (method R039). Residues are extracted with methanol. Aqueous sodium chloride (5%) is added and the extract is partitioned with dichloromethane. Residues are cleaned up on a florisil or alumina column and detected by gas chromatography with electron capture detection (GC/ECD). In hop samples, method validation recoveries ranged from 72% to 94%, and the limit of detection was 0.04 ppm. Contact: Shaja R. Brothers, telephone number: [phone]; e-mail address: [e-mail].

2. PP 6E7120 and 6F7115. (EPA-HQ-OPP-2007-0541). Syngenta Crop Protection, Inc., P.O. Box 18300, Greensboro, NC 27419, proposes to establish a tolerance for residues of the fungicide difenoconazole (1-[2-[2-chloro-4-(4-chlorophenoxy)phenyl]-4-methyl-1,3-dioxolan-2-ylmethyl]-1H-1,2,4-triazole) in or on food commodities fruit, pome, group 11 at 0.6 ppm; vegetable, fruiting, group 8 at 0.5 ppm; vegetables, tuberous and corm, subgroup 1C at 0.02 ppm; sugar beet roots at 0.3 ppm; sugar beet tops at 7.0 ppm; and imported whole papaya fruit at 0.3 ppm.

i. Food. Syngenta Crop Protection, Inc., has submitted a practical analytical method (AG-575B, master record identification (MRID) 428065-04) for detecting and measuring levels of difenoconazole in or on food with a limit of quantitation (LOQ) that allows monitoring of food with residues at or above the levels set in the proposed tolerances. EPA has validated this method and copies have been provided to FDA for insertion into PAM II. The method is available to anyone who is interested, and may be obtained from the Field Operations Division, Office of Pesticide Programs.

ii. Livestock. Syngenta Crop Protection, Inc., has submitted a practical analytical method (AG-544A, MRID 432924-01) for detecting and measuring levels of difenoconazole in or on cattle tissues, milk, poultry tissues and eggs, with a LOQ that allows monitoring of food with residues at or above the levels set in the proposed tolerances. EPA has validated this method and copies have been provided to FDA for insertion into PAM II. The method is available to anyone who is interested, and may be obtained from the Field Operations Division, Office of Pesticide Programs. Tolerances in meat, milk, poultry or eggs were established for enforcement purposes. Contact: Janet Whitehurst, telephone number: [phone]; e-mail address: [e-mail].

3. PP 7E7213. (EPA-HQ-OPP-2007-0472). Interregional Research Project Number 4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ 08540-6635, proposes to establish a tolerance for residues of the herbicide thiobencarb in or on food commodity rice, wild at 0.2 ppm. Adequate methods are available for enforcement and data collection purposes for both plant and animal commodities. Successful radiovalidation of the enforcement methods, using samples from the metabolism studies, has also been conducted. Residues of thiobencarb are completely recovered using multi-residue method section 302 (Luke method; Protocol D), and variably recovered using method section 304 (Mills, Onley, Gaither method; fatty food). Contact: Shaja R. Brothers, telephone number: [phone]; e-mail address: [e-mail].

4. PP 7E7230. (EPA-HQ-OPP-2007-0604). Interregional Research Project Number 4 (IR-4), 500 College Road East, Suite 201W, Princeton, NJ 08540-6635, proposes to establish a tolerance for residues of the herbicide dichlobenil, 2,6-dichlorobenzonitrile and its metabolite 2,6-dichlorobenzamide in or on food commodities rhubarb at 0.15 ppm; caneberry, subgroup 13A and wild raspberry at 0.1 ppm; and bushberry, subgroup 13B; aronia berry; blueberry, lowbush; buffalo currant; chilian guava; European barberry; highbush cranberry; honeysuckle; jostaberry; Juneberry; lingonberry; native currant; salal; and sea buckthorn at 0.15 ppm. Dichlobenil and 2,6-dichlorobenzamide (BAM) are extracted with a solution of ethyl acetate in hexane. A cleanup system utilizes an alumina column. Detection and quantitation are achieved by a gas chromatograph equipped with an electron capture detector. The lowest limit of method validation for dichlobenil and BAM is 0.05 and 0.01 ppm, respectively. Contact: Susan Stanton, telephone number: [phone]; e-mail address: [e-mail].

5. PP 7E7233. (EPA-HQ-OPP-2007-0555). Syngenta Crop Protection, Inc., P.O. Box 18300, Greensboro, NC 27419, proposes to establish a tolerance for residues of the inert safener, cloquintocet-mexyl, (acetic acid, [(5-chloro-8-quniolinyl)oxy]-, 1-methylhexyl ester) (CAS Reg. No. 99607-70-2) and its acid metabolite (5-chloro-8-quinlinoxyacetic acid, also known as Syngenta Code CGA-153433)] when used as an inert ingredient (safener) in pesticide formulations containing either the herbicide clodinafop-propargyl or pinoxaden in a 1:4 ratio of safener to active ingredient in or on food commodities wheat, forage at 0.20 ppm and wheat, hay at 0.50 ppm. Syngenta Crop Protection, Inc., has submitted practical analytical methodology for detecting and measuring combined levels of cloquintocet-mexyl and its acid metabolite (5-chloro-8-quinlinoxyacetic acid). The method is based upon acid hydrolysis extraction, which converts the parent and all conjugates to the acid metabolite. The acid metabolite is subject to commodity specific cleanup procedures and high performance liquid chromatography (HPLC) determination with triple stage quadruple mass spectrometry (LC/MS/MS). The LOQ as demonstrated by the lowest acceptable recovery samples, is 0.01 ppm for grain, and 0.02 ppm for forage, hay and straw. Contact: Tracy H. Ward, telephone number: [phone]; e-mail address: [e-mail].

6. PP 6F7123 and 7F7171. (EPA-HQ-OPP-2007-0539). Bayer CropScience, P.O. Box 12014, 2 T. W. Alexander Drive, Research Triangle Park, NC 27709, proposes to establish a tolerance for residues of the fungicide trifloxystrobin and the free form of its acid metabolite (CGA- 32113) in or on food commodities in PP 6F7123: Fruit, citrus, group 10 at 0.4 ppm; citrus, oil at 36.0 ppm; citrus, dry pulp at 1.0 ppm; and in PP 7F7171: Strawberry at 1.1 ppm. A practical analytical methodology for detecting and measuring levels of trifloxystrobin in or on raw agricultural commodities has been submitted. The limit of detection (LOD) for each analyte of this method is 0.08 ng injected, and the LOQ is 0.02 ppm. The method is based on crop specific cleanup procedures and determination by gas chromatography with nitrogen-phosphorus detection. Contact: Janet Whitehurst, telephone number: [phone]; e-mail address: [e-mail].

List of Subjects

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

Dated: August 14, 2007.

Lois Rossi,

Director, Registration Division, Office of Pesticide Programs.