E7-18362. 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 19, 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 1F6253	EPA-HQ-OPP-2007-0637 (07P-1242)
PP 7F3530	EPA-HQ-OPP-2007-0704 (07P-1243)
PP 7F7219	EPA-HQ-OPP-2007-0564 (07P-1244)
PP 7F7220	EPA-HQ-OPP-2007-0565 (07P-1245)

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 1F6253. (EPA-HQ-OPP-2007-0637). Dow AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN 46268, proposes to establish a tolerance for residues of the fungicide 1,3-D, [1,3-dichloropropene] in or on the food commodity grape at 0.009 parts per million (ppm). There is a practical analytical method for detecting and measuring levels of 1,3-D in or on food with a limit of quantitation (LOQ) of 0.003 ppm. Contact: Tamue Gibson, 703-305-9096, e-mail address: [e-mail].

2. PP 7F3530. (EPA-HQ-OPP-2007-0704). Janssen Pharmaceutica, Inc., Preservation and Material Protection Division, 1125 Trenton-Harbourton Road, Titusville, NJ 08560, proposes to establish a tolerance for the combined residues of the fungicide imazalil, 1-[2-(2,4-dichlorophenyl)-2-(2-propenyloxy)ethyl]-1H-imidazole and its metabolite, 1-(2,4-dichlorophenyl)-2-(1H-imidazole-1-yl)-1-ethanol (R014821) in or on the food commodities melon crop subgroup (9-A), except watermelon at 5.0 ppm and corn, fresh, sweet, forage and fodder at 0.2 ppm. Melon crop subgroup (9-A), except watermelon includes the raw agricultural commodities cantaloupe, casaba, citron melon, crenshaw melon, golden pershaw melon, honeydew melon, honeyballs, mango melon, Persian melon, pineapple melon, Santa Claus melon , snake melon, and true cantaloupe. The Pesticide Analytical Manual (PAM) Volume II lists a gas chromatography/electron capture detector (GC/ECD) method, designated as Method I for the quantification of residues of imazalil and its metabolite R014821. Briefly, residues are extracted from plant samples with heptane:isoamyl alcohol (95:5, v:v), partitioned into 0.1 NH₂ SO₄ and re-extracted from alkaline solution into heptane:isoamyl alcohol (95:5, v:v). The extract is evaporated to dryness and N,O-bis(trimethylsilyl) acetamide is added to convert the metabolite to the trimethylsilyl derivative. Imazalil and the derivatized metabolite are determined separately by GC with ECD from a single injection of the derivative solution. The limit of detection (LOD) ranges from 0.01 - 0.05 ppm, depending on the plant matrix. This enforcement method has been successfully radio-validated. Contact: John Bazuin, 703-305-7381, e-mail address: [e-mail].

3. PP 7F7219. (EPA-HQ-OPP-2007-0564). E. I. du Pont de Nemours and Company, DuPont Crop Protection, Laurel Run Plaza, P.O. Box 80038, Wilmington, DE 19880-0038, proposes to establish a tolerance for residues of the herbicide thifensulfuron methyl, methyl-3-[[[[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)amino]carbonyl]amino] sulfonyl]-2-thiophenecarboxylate, in or on the food commodities barley, hay at 0.7 ppm; oat, forage at 0.2 ppm; oat, hay at 2.0 ppm; wheat, forage at 1.0 ppm; and wheat, hay at 0.8 ppm. Thifensulfuron methyl residues in wheat forage and hay, barley hay, and oat forage and hay were determined by an analytical method utilizing liquid chromatography/mass spectrometry/mass spectrometry (LC/MS/MS) analysis. The analytes were resolved by high pressure liquid chromatography (HPLC) and quantitatively analyzed by using the Total Ion Chromatogram (TIC) from two molecular ion transitions for each analyte. The LOQ was 0.01 ppm in these commodities. Contact: Vickie Walters, 703-305-5704, e-mail address: [e-mail].

4. PP 7F7220. (EPA-HQ-OPP-2007-0565). E. I. du Pont de Nemours and Company, DuPont Crop Protection, Laurel Run Plaza, P.O. Box 80038, Wilmington, DE 19880-0038, proposes to establish a tolerance for residues of the herbicide tribenuron methyl; methyl 2-[[[[(4-methoxy-6-methyl-1,3,5-triazin-2-yl)methylamino]carbonyl] amino]sulfonyl]benzoate in or on the food commodities wheat, forage at 0.3 ppm; wheat, hay at 0.3 ppm; barley, hay at 0.3 ppm; oat, forage at 0.3 ppm; oat, hay at 0.8 ppm. Tribenuron methyl residues in wheat forage and hay, barley hay, and oat forage and hay were determined by an analytical method utilizing liquid chromatography/mass spectrometry/mass spectrometry (LC/MS/MS) analysis. The analytes were resolved by HPLC and quantitatively analyzed by using the Total Ion Chromatogram (TIC) from two molecular ion transitions for each analyte. The LOQ was 0.01 ppm in these commodities. There are other analytical methods to determine tribenuron methyl residues in wheat forage and hay, including HPLC column switching and ultraviolet (UV) detection. The LOQ is 0.01 ppm for wheat grain and forage, and 0.05 ppm for wheat hay. Contact: Vickie Walters, 703-305-5704, e-mail address: [e-mail].

List of Subjects

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

Dated: September 11, 2007.

Kathy S. Monk,

Acting Director, Registration Division, Office of Pesticide Programs.