Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Notices 6521

I. Background

In the Federal Register of December 8,

1985, notice was published announcing

the final approval of a revised DOD

pesticide applicator certification plan.

The DOD has again revised its

certification plan to reflect updated

administrative procedures and the

addition of three new subcategories.

This newly revised plan has been

submitted to EPA for approval. The

revised plan will continue to cover

workers from the three branches of the

Armed Forces. The revised plan will

retain the aerial applicator category

contained in the current plan. The

revised plan will add the following new

subcategories: (1) Subcategory 3a., soil

fumigation under the existing

ornamental and turf category, (2)

subcategory 6a., grassland and non-crop

agricultural land under the existing

right-of-way category, and (3)

subcategory 7a., stored product

fumigation under the existing industrial,

institutional, structural, and healthrelated category. The remaining

categories in the revised certification

plan are similar to the established EPA

categories. The DOD estimates that the

number of applicators to be certified in

the newly established subcategories will

not exceed 50 applicators.

The certification program will

continue to be administered by the

Armed Forces Pest Management Board

within the Office of the Secretary of

Defense. Certification and recertification

will be required by taking and passing

of a written examination. Recertification

will be required every 3 years.

EPA finds that the revised DOD

certification plan fully meets the

requirements of the Federal Insecticide,

Fungicide, and Rodenticide Act and the

regulations at 40 CFR part 171.

Therefore, EPA announces its intention

to approve the revised DOD certification

plan.

Interested persons are invited to

submit written comments on EPA’s

intention to approve the revised DOD

certification plan.

II. Public Docket

A record has been established for this

action under docket number ‘‘OPP–

00465 ’’ (including comments submitted

electronically as described below). A

public version of this record, including

printed, paper versions of electronic

comments, which does not include any

information claimed as CBI, is available

for inspection from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

Rm. 1132 of the Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, Crystal Mall #2,

1921 Jefferson Davis Highway,

Arlington, VA.

Electronic comments can be sent

directly to EPA at:

opp-docket@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this action, as

well as the public version, as described

above will be kept in paper form.

Accordingly, EPA will transfer all

comments received electronically into

printed, paper form as they are received

and will place the paper copies in the

official rulemaking record which will

also include all comments submitted

directly in writing. The official

rulemaking record is the paper record

maintained at the address in

‘‘ADDRESSES’’ at the beginning of this

document.

List of Subjects

Environmental protection.

Dated: February 5, 1997.

Susan H. Wayland,

Acting Assistant Administrator for

Prevention, Pesticides and Toxic Substances.

[FR Doc. 97–3381 Filed 2–11–97; 8:45 am]

BILLING CODE 6560–50–F

[PF-707; FRL-5587-2]

American Cyanamid Company;

Pesticide Tolerance Petition Filing

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of filing.

SUMMARY: This notice announces the

initial filing of a pesticide petition

proposing the establishment of

tolerances for residues of dithianon

(5,10-dihydro-5,10-dioxonaphtho[2,3-b]-

1,4-dithiin-2,3-dicarbonitrile) in or on

pome fruits and dried hops. This notice

includes a summary of the petition that

was prepared by the petitioner,

American Cyanamid Company.

DATES: Comments, identified by the

docket number [PF-707], must be

received on or before, March 14, 1997.

ADDRESSES: By mail, submit written

comments to: Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

comments to Rm. 1132, CM #2, 1921

Jefferson Davis Highway, Arlington, VA.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Comments

and data will also be accepted on disks

in WordPerfect 5.1 file format or ASCII

file format. All comments and data in

electronic form must be identified by

docket number [PF-707]. Electronic

comments on this notice of filing may

be filed online at many Federal

Depository Libraries. Additional

information on electronic submissions

can be found in Unit II. of this

document.

Information submitted as comments

concerning this document may be

claimed confidential by marking any

part or all of that information as

‘‘Confidential Business Information’’

(CBI). CBI should not be submitted

through e-mail. Information marked as

CBI will not be disclosed except in

accordance with procedures set forth in

40 CFR part 2. A copy of the comment

that does not contain CBI must be

submitted for inclusion in the public

record. Information not marked

confidential may be disclosed publicly

by EPA without prior notice. All written

comments will be available for public

inspection in Rm. 1132 at the address

given above, from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: Cynthia Giles-Parker, Product

Manager (PM 22), Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington DC 20460.

Office location, telephone number, and

e-mail address: Crystal Mall #2, Room

229, 1921 Jefferson Davis Highway,

Arlington, VA, 703-305-7740, e-mail:

giles-parker.cynthia@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA has

received a pesticide petition (PP

6E4781) from American Cyanamid

Company, P.O. Box 400, Princeton, NJ

08543, proposing pursuant to section

408 (d) of the Federal Food, Drug and

Cosmetic Act (FFDCA), 21 U.S.C.

346a(d), to amend 40 CFR part 180 by

establishing a tolerance for residues of

the fungicide dithianon in or on the raw

agricultural commodity (RAC) pome

fruits at 5 parts per million (ppm) and

dried hops at 100 ppm. The proposed

analytical methods are HPLC methods

with UV detection for pome fruits

(apples and pears) and with

electrochemical detection for

quantitation for hops.

EPA has determined that the petition

contains data or information regarding

the elements set forth in section 408

(d)(2) of the FFDCA; however, EPA has
6522 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Notices

not fully evaluated the sufficiency of the

submitted data at this time or whether

the data supports granting of the

petition. Additional data may be needed

before EPA rules on the petition.

As required by section 408(d) of the

FFDCA, as recently amended by the

Food Quality Protection Act (FQPA)

Pub. L. 104-170, American Cyanamid

included in the petition a summary of

the petition and authorization for the

summary to be published in the Federal

Register in a notice of receipt of the

petition. The summary represents the

views of American Cyanamid. EPA is in

the process of evaluating the petition.

As required by section 408(d)(3) of the

FFDCA, EPA is including the summary

as a part of this notice of filing. EPA has

made minor edits to the summary for

the purpose of clarity.

I. Petition Summary

On August 20, 1996, American

Cyanamid Company petitioned the EPA

for an import tolerance for dithianon

residues on pome fruits (with

representative crops of apples and

pears) and dried hops. This is the first

tolerance petition for dithianon

fungicide in the United States.

Section 408(b)(2)(A) of the amended

FFDCA allows the EPA to establish a

tolerance only if the Administrator

determines that there is a ‘‘reasonable

certainty that no harm will result from

the aggregate exposure to the pesticide

chemical residue, including all

anticipated dietary exposures and all

other exposures for which there is

reliable information.’’ All of the studies

required for the proposed import

tolerance have been completed and

submitted to EPA for review. The

available information indicates there is

a reasonable certainty that no harm will

result from various types of exposure to

dithianon. The following is a summary

of the information submitted to the EPA

to support the establishment, under

section 408(b)(2)(D) of the amended

FFDCA, of an import tolerance for

dithianon on pome fruits and dried

hops.

A. Residue Chemistry

1. Plant metabolism. The qualitative

nature of the residues of dithianon in

plants is adequately understood.

Metabolism studies in three diverse

crops demonstrate a similar pattern of

dithianon metabolism with a significant

amount of unchanged parent compound

remaining on the plant surfaces. The

metabolism of dithianon in plants

results in a large number of fragments in

only trace amounts. Hence, parent

dithianon is the only residue of concern.

2. Analytical method. Two practical

analytical methods for detecting and

measuring levels of dithianon in pome

fruits (apples and pears) and in hops

have been submitted to EPA. The

analytical method for apples and pears

is an HPLC method with UV detection.

For hops, an HPLC method with

electrochemical detection for

quantitation was submitted. Both

methods are appropriate for

enforcement purposes.

3. Magnitude of residues. Residue

field trials were conducted in

representative countries exporting the

majority of the RAC of this petition to

the United States. For the pome fruit

crop group, field residue trials on apples

were conducted in France, New

Zealand, Germany, and Brazil and on

pears in France, Australia, and New

Zealand. These studies cover a wide

range of geography with diverse

climates and growing conditions, as

well as various cultural practices. The

residue values reported in the tolerance

petition were all less than the proposed

tolerance of 5 ppm for pome fruits. Hop

residue trials conducted in Germany

support the dried hop tolerance. Except

for one outlier, the field residue levels

of dithianon in dried hops were less

than the proposed tolerance of 100 ppm.

Of the crops for which this tolerance

is requested, only apples have processed

commodities. Apple processing studies

submitted in this petition indicate that

dithianon does not concentrate in apple

juice, but does concentrate in the wet

apple pomace. It is unlikely that apple

pomace will be imported into the

United States. Therefore, an import

tolerance is not necessary for that

processed commodity.

B. Toxicological Profile

A complete, valid and reliable

database of mammalian toxicology

studies supports the tolerance for

dithianon on pome fruits and dried

hops.

1. Acute toxicity. Dithianon has a low

order of acute toxicity to rats by the oral

route of exposure with an LD50 (females)

greater than 678 milligram/kilogram

(mg/kg) and LD50 (males) greater than

720 mg/kg. Since this petition is for an

import tolerance, oral toxicity data

sufficiently assesses the risk of acute

exposure for this use.

2. Genotoxicity. The collective data

from an extensive battery of in vitro and

in vivo tests covering all major genetic

end-points, including an in vivo

chromosomal aberration assay, show

that dithianon does not pose a genotoxic

risk and is not likely to be a genotoxic

carcinogen.

3. Reproductive and developmental

toxicity. Results from a 2-generation

reproductive toxicity study in rats show

that dithianon is not a reproductive

toxicant. Developmental toxicity studies

in rats and rabbits revealed no evidence

of teratogenic effects for fetuses of either

species and no evidence of development

effects in the absence of maternal

toxicity. The no observed effect levels

(NOELs) for fetal/developmental

toxicity are established at 20 mg/kg/day

in rats and 25 mg/kg/day in rabbits. The

maternal NOELs are 20 mg/kg/day in

rats and 10 mg/kg/day in rabbits. A 2-

generation reproduction study in rats

supports a NOEL for fertility/

reproductive toxicity of 600 ppm

(highest concentration tested) or 42 mg/

kg/day. In the reproduction study, the

parental NOEL was 200 ppm or 15 mg/

kg/day.

4. Subchronic toxicity. Short-term

exposure of mice and rats to dithianon

technical resulted in slight anemia.

Mice also exhibited hemosiderin

deposition in the liver, and rats showed

increased kidney and liver weights and

histopathological findings in the kidney

(females only). Short-term exposure of

dogs to dithianon resulted in decreased

body weight or weight gain, decreased

food consumption, and increased

kidney weight. The NOEL in a 28-day

oral study in mice was 100 ppm or 15

mg/kg/day and for rats the NOEL was

315 ppm or 31.5 mg/kg/day. In 90-day

oral studies in rats and dogs the NOELs

were 180 ppm or 15.5 mg/kg/day and

200 ppm or 3.0 mg/kg/day, respectively.

5. Chronic toxicity. Findings similar

to those observed in short-term toxicity

studies were also apparent in the longterm dietary toxicity studies conducted

in dogs, rats and mice. Pre-neoplastic

and neoplastic lesions were observed in

the life-time rat dietary study in

females. However, the collective

evidence from this study and special

mechanistic studies showed that these

lesions occur due to a regenerative

response of the kidney basophilic

tubules, which follow persistent cellular

damage to kidney proximal tubular

epithelial cells. Thus, a threshold for

these lesions exists. Moreover, these

lesions were only noted following a 24-

month dietary exposure to 600 ppm of

dithianon, a concentration that

exceeded the Maximum Tolerated Dose

(MTD), as evidenced by markedly

depressed body weight gains in females

as compared to controls. Pre-neoplastic

or neoplastic lesions were not observed

in the life-time dietary study in mice,

even at a concentration of dithianon that

exceeded the MTD.

In a 1-year chronic toxicity study in

dogs, the NOEL was 40 ppm or 1.6 mg/
Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Notices 6523

kg/day. The NOEL for chronic effects in

mice from the 18-month combined

chronic toxicity and oncogenicity study

was 20 ppm or 3.0 mg/kg/day, while the

NOEL for potential oncogenic effects

was 500 ppm or 75 mg/kg/day, which is

the highest concentration tested. In the

24-month combined chronic toxicity

and oncogenicity study in rats, the

NOEL for chronic effects was 20 ppm or

1.0 mg/kg/day. The carcinogenicity

NOEL was 120 ppm for females or 6.0

mg/kg/day.

6. Animal metabolism. The rat and

goat metabolism studies indicate that

the qualitative nature of the residues of

dithianon in animals is adequately

understood. Elimination of dithianon

via excreta is rapid. The metabolism

data suggests that unabsorbed dithianon

is broken down in the gastrointestinal

tract, since only very low concentrations

of the unaltered parent were identified

in the fecal excreta. A hen metabolism

study is not required, because pome

fruits (represented by apples and pears)

and hops are not used as significant

feedstuff for poultry.

In the metabolism studies using radio

labeled dithianon, examination of

organs, tissues, and milk indicated that

accumulation is not of concern.

Additionally, repeated dosing did not

result in the accumulation of total

radioactive residues.

7. Metabolite toxicology. No

toxicologically significant metabolites

were detected in plant or animal

metabolism studies. Therefore,

toxicology studies with metabolites are

not required.

8. Endocrine effects. Collective organ

weights and histopathological findings

from the 2-generation rat reproductive

study, as well as from the subchronic

and chronic toxicity studies in three

different animal species, demonstrate no

apparent estrogenic effects or treatmentrelated effects on the endocrine system.

C. Aggregate Exposure

1. Dietary Exposure—i. Food. The

Theoretical Maximum Residue

Concentrations (TMRC) of dithianon on

or in pome fruits, dried hops, and

processed commodities (apple juice/

cider, dried apples and pears, apple

juice concentrate) are:

—0.003419 mg/kg body weight (b.w.)/day

for the general U.S. population.

—0.006417 mg/kg b.w./day for non-nursing

infants.

—0.007479 mg/kg b.w./day for children 1

to 6 years of age.

—0.005147 mg/kg b.w./day for children 7

to 12 years of age.

The TMRC for the non-nursing infants

group is based on the assumption that

apple sauce, rather than unprocessed

apples, would be eaten by this

subpopulation. For the 7 to 12 year old

age group, no consumption data was

available for dried pears, so the values

for dried pears from the 1 to 6 year old

age group were used for the calculation.

These TMRC values are calculated from

the proposed tolerances of 5 ppm on

pome fruits (with a 0.12 ppm residue

level calculated for apple juice), 100

ppm on dried hops, and from food

consumption data obtained from the

Agriculture Department’s (USDA)

Continuing Survey of Food Intake by

Individuals (CSFII) conducted from

1989 to 1992. These chronic dietary

exposure estimates are very

conservative, because they assume that

100% of all apples, pears, and hops for

human consumption are imported. The

estimates also assume that all apples,

pears, and hops that are imported are

treated with dithianon and that the

levels of residues on the RAC are at the

tolerance level.

Dietary exposure to residues of

dithianon will be limited to residues on

imported pome fruits, in apple and pear

processed commodities, and in beer.

Wet apple pomace is considered as a

significant ruminant feed item, but it is

unlikely that apple pomace would be

imported for this use. Apple pomace is

not a poultry feed item. Thus, no

residues are expected in poultry or eggs.

There are no other established

tolerances for dithianon in the United

States, and there are no registered uses

for dithianon on food or feed crops in

the United States.

ii. Drinking water. This proposed

tolerance is for imported pome fruits

and dried hops. Since there are no

approved uses for dithianon in the

United States, the potential exposure

from drinking water is not relevant to

this petition.

2. Non-dietary exposure. This petition

is for a tolerance on imported pome

fruits and dried hops. There is no

approved use for dithianon in the

United States and none is being sought.

Therefore, the potential for non-dietary

exposure is not pertinent to this

petition.

D. Cumulative Effects

We are aware of no information to

indicate or suggest that any toxic effects

produced by dithianon would be

cumulative with those of any other

chemical.

E. Safety Determination

1. U.S. population. The RfD

represents the level at or below which

daily aggregate dietary exposure over a

lifetime will not pose appreciable risks

to human health. For dithianon, the RfD

of 0.01 mg/kg/b.w./day is based on a

NOEL of 20 ppm or 1 mg/kg b.w./day

from the 24-month chronic toxicity

study in rats and a safety (uncertainty)

factor of 100. A 100-fold safety factor is

supported by a threshold level for the

proliferative effects in the kidney,

which were only observed in females

following long-term administration of

an excessively toxic dietary

concentration of dithianon. Thus, a

quantitative cancer risk assessment is

not required.

The chronic dietary exposure of

0.003419 mg/kg b.w./day for the general

U.S. population will utilize 34.2% of

the RfD. EPA generally has no concern

for exposures below 100% of the RfD.

American Cyanamid concludes that

there is a ‘‘reasonable certainty of no

harm’’ from aggregate exposure to

dithianon residues. The complete and

reliable toxicity data and the

conservative chronic exposure

assumptions support this conclusion.

2. Infants and children. The chronic

dietary exposure estimates presented in

Unit C of this document will utilize

approximately 64.2% of the RfD for

non-nursing infants less than 1 year old,

approximately 74.8% of the RfD for

children 1 to 6 years of age, and

approximately 51.5% of the RfD for

children 7 to 12 years of age. Thus, the

conservative exposure estimates for the

subpopulations of infants and children

are all well below the RfD for dithianon.

A 2-generation reproductive toxicity

study in rats showed that dithianon is

not a reproductive toxicant. Moreover,

no treatment-related effects on pup

development were noted in this study,

supporting a NOEL for developmental

effects of 600 ppm (the highest

concentration tested) or approximately

42 mg/kg b.w./day. Results of

developmental toxicity studies in rats

and rabbits revealed no evidence of

teratogenic effects for fetuses of either

species and no evidence of development

effects in the absence of maternal

toxicity, indicating that dithianon is not

selectively toxic to the fetus. These

studies support maternal NOELs of 20

and 10 mg/kg b.w./day for the rat and

rabbit studies, respectively, and

developmental NOELs of 20 and 25 mg/

kg b.w./day for the rat and rabbit

studies, respectively.

The NOEL used to calculate the RfD

for the general U.S. population is 1 mg/

kg b.w./day derived from the 24-month

chronic toxicity study in rats. A NOEL

of 1 mg/kg b.w./day is 20 to 42 times

lower than the NOELs for

developmental effects from the

developmental toxicity and

reproductive toxicity studies.
6524 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Notices

Based on the current toxicological

data requirements, the database relative

to pre-and post-natal effects for children

is complete, valid and reliable.

Collective results from the 2-generation

and teratology studies show no

increased sensitivity to developing

offspring. Thus, no increased sensitivity

of infants and children to dithianon

residues is anticipated. Therefore,

American Cyanamid concludes that an

additional safety (uncertainty) factor is

not warranted and the RfD of 0.01 mg/

kg b.w./day, which utilizes a 100-fold

safety factor, is appropriate to ensure a

reasonable certainty of no harm to

infants and children.

F. International Tolerances

A Maximum Residue Limit (MRL) for

dithianon at the level of 5 mg/kg was

established for pome fruits by the 1992

WHO/FAO Joint Meeting on Pesticide

Residues (JMPR). The MRL for pome

fruits was raised to step 8 at the Codex

Committee on Pesticide Residues

(CCPR) meeting in 1996 and will be

approved by the Codex Alimentarius

Commission in 1997 for Codex

Maximum Residue Limit (CXL) (final).

The 1992 JMPR established an MRL for

dithianon in dried hops of 100 mg/kg.

This MRL for dried hops is a CXL

(final).

II. Public Record

EPA invites interested persons to

submit comments on this notice of

filing. Comments must bear a notation

indicating the docket number [PF-707].

A record has been established for this

notice of filing under docket number

[PF-707] including comments and data

submitted electronically as described

below. A public version of this record,

including printed, paper versions of

electronic comments, which does not

include any information claimed as CBI,

is available for inspection from 8:30

a.m. to 4 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in Room 1132 of the

Public Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Electronic comments can be sent

directly to EPA at:

opp-docket@epamail.epa.gov

Electronic comments must be

submitted as ASCII file avoiding the use

of special characters and any form of

encryption.

The official record for this notice of

filing, as well as the public version, as

described above will be kept in paper

form. Accordingly, EPA will transfer all

comments received electronically into

printed paper form as they are received

and will place the paper copies in the

official record which will also include

all comments submitted directly in

writing. The official record is the paper

record maintained at the address in

‘‘ADDRESSES’’ at the beginning of this

document.

List of Subjects

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: February 3, 1997.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

[FR Doc. 97-3226 Filed 2–11–97; 8:45 am]

BILLING CODE 6560–50–F

[PF–698; FRL–5585–4]

Englehard Corporation; Pesticide

Tolerance Petition Filing

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of filing.

SUMMARY: This notice announces the

initial filing of a pesticide petition

proposing a temporary exemption from

the requirement of a tolerance for

residues of kaolin in or on apples,

apricots, bananas, beans, cane berries,

citrus fruits, corn, cotton, cucurbits,

grapes, nuts, ornamentals, peaches,

peanuts, pears, peppers, potatoes, seed

crops, soybean, small grains,

strawberries, sugar beets, and tomatoes.

The summary was prepared by the

petitioner, Engelhard Corporation.

DATES: Comments, identified by the

docket control number [PF-698], must

be received on or before March 14, 1997.

ADDRESSES: By mail, submit written

comments to: Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

comments to: Crystal Mall #2, Room

1132, 1921 Jefferson Davis Highway,

Arlington, VA.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in WordPerfect in 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket control

number [PF-698]. Electronic comments

on this notice may be filed online at

many Federal Depository Libraries.

Additional information on electronic

submissions can be found in Unit II. of

this document.

Information submitted as comments

concerning this notice may be claimed

confidential by marking any part or all

of that information as ‘‘Confidential

Business Information’’ (CBI). CBI should

not be submitted through e-mail.

Information marked as CBI will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the comment that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice. All written

comments will be available for public

inspection in Room 1132 at the address

given above, from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT: By

mail, Sheryl Reilly, Regulatory Action

Leader, (PM 90), Biopesticides and

Pollution Prevention Division (7501W),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location, telephone number, and

e-mail address: Crystal Station #1, 5th

Floor, 2800 Crystal Drive, Arlington,

VA, 703-308-8265, e-mail:

reilly.sheryl@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA has

received a pesticide petition [PP–

7G4793] from Engelhard Corporation,

101 Wood Ave., Iselin, NJ 08830. The

petition proposes, pursuant to section

408 of the Federal Food, Drug and

Cosmetic Act (FFDCA), 21 U.S.C. 346a,

to amend 40 CFR part 180 to establish

a temporary exemption from the

requirement of a tolerance for residues

of the biochemical pesticide kaolin in or

on the raw agricultural commodities

apples, apricots, bananas, beans, cane

berries, citrus fruits, corn, cotton,

cucurbits, grapes, nuts, ornamentals,

peaches, peanuts, pears, peppers,

potatoes, seed crops, soybean, small

grains, strawberries, sugar beets, and

tomatoes. EPA has determined that the

petition contains data or information

regarding the elements set forth in

section 408(d)(2) of the FFDCA;

however, EPA has not fully evaluated

the sufficiency of the submitted data at

this time or whether the data supports