8734 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices

filing. Comments must bear a

notification indicating the docket

control number [PF–713].

A record has been established for this

notice under docket numbers [PF–713]

(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 an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this

rulemaking, 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 Virginia

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 record keeping

requirements.

Dated: February 10, 1997.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

[FR Doc. 97–4627 Filed 2–25–97; 8:45 am]

BILLING CODE 6560–50–F

[PF–706; FRL–5585–7]

Bioxy, Inc.; Pesticide Tolerance

Petition Filing

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of filing.

SUMMARY: This notice annonces the

filing of a pesticide petition proposing

the exemption from the requirement of

a tolerance for sodium chlorite residues

in or on meat and meat byproducts of

cattle, sheep, hogs, goats, horses, and

poultry when applied as a bactericide

for the generation of chlorine dioxide in

livestock drinking water.

DATES: Comments, identified by the

docket control number PF–706, must be

received on or before, March 28, 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

22202.

Comments and data may also be

submitted electronically be 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 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by docket control

number PF–706. 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 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:

Vivian A. Turner, Acting Product

Manager (PM) 32, Registration Division

(7505C), Rm., 237, Crystal Mall #2,

Jefferson Davis Highway, Arlington, VA.

703–305–7460. e-mail:

turner.vivian@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA has

received a pesticide petition (PP

6F4783) from Bioxy, Inc. 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 an exemption from

tolerance for residues of sodium chlorite

and its hydrolysis by-product, chlorine

dioxide, in or on meat and meat

byproducts of cattle, sheep, goats,

horses and poultry when such residues

result from the use of sodium chlorite to

generate the bactericide, chlorine

dioxide, in poultry drinking water and

livestock drinking water at a

concentration of up to 18.34 parts per

million (ppm). The proposed analytical

method is ultraviolet

spectrophotometric analysis. Pursuant

to the section 408(d)(2)(A)(i) of the

FFDCA, as amended, Bioxy, Inc. has

submitted the following summary of

information, data and arguments in

support of their pesticide petition. This

summary was prepared by Bioxy, Inc.

and EPA has not fully evaluated the

merits of the petition. EPA edited the

summary to clarify that the conclusions

and arguments were the petitioner’s and

not necessarily EPA’s and to remove

certain extraneous material.

I. Petition Summary

This section has been arranged to

provide a justification for this tolerance

exemption and a summary of available

data.

The request is to exempt from the

requirement of a tolerance, residues of

sodium chlorite and its hydrolysis

product, chlorine dioxide, in or on meat

and meat byproducts of cattle, sheep,

hogs, goats, horses, and poultry, and

milk and eggs when such residues result

from the use sodium chlorite to generate

the bactericide, chlorine dioxide in

poultry drinking water and livestock

drinking water.

EPA has exempted sodium chlorite

from the requirement of a tolerance

when used as a seed-soak treatment of

the raw agricultural commodities

(RACs) crop group Brassica (cole) leafy

vegetables and radishes (40 CFR

180.170). Sodium chlorate is chemically

similar to sodium chlorite, and sodium

chlorate is exempt from the requirement

of a tolerance when used as a defoliant,

desiccant, or fungicide on various RACs

(40 CFR 180.1020). Chlorine gas is

exempted from the requirement of a

tolerance when used pre- or postharvest in solution on all RACs (40 CFR

180.1095). Calcium hypochlorite is

exempted from the requirement of a

tolerance when used harvest or

postharvest on all RACs and in or on

grapes when used as a fumigant
Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices 8735

postharvest by means of a chlorine

generator pad (40 CFR 180.1054). The

Agency has determined previously (as

stated in the proposal for exemption

from the requirement of a tolerance for

calcium hypochlorite chlorine gas in the

Federal Register of January 11, 1991 (56

FR 1153; FRL–3686–5), that there is no

reasonable expectation that residues of

these compounds will remain in eggs,

meat, milk or poultry in accordance

with 40 CFR 180.3. The residues which

do remain are not of toxicological

significance.

A. Residue Chemistry

Residues of sodium chlorite are not

expected in livestock because it

converts to chlorine dioxide in the

drinking water and is consumed by

biological activity. Because sodium

chlorite is highly reactive with minerals,

bacteria and other contaminants, the

reaction is complete within a few

minutes consuming most, if not all of

the sodium chlorite.

Because there are many active Federal

pesticide registrations for sodium

chlorite and chlorine dioxide as well as

existing tolerance exemptions for both

compounds, the Agency has determined

that the residue chemistry for these

compounds is understood.

Adequate analytical methodology is

available through spectrophotometric

analysis to determine the amounts of

sodium chlorite in livestock drinking

water.

B. Toxicological Profile

The acute and chronic toxicity of

sodium chlorite and chlorine dioxide

have been tested extensively. Adverse

effects are not expected when used in

the proposed manner.

C. Aggregate Exposure

There are no established U.S.

tolerances for sodium chlorite or

chlorine dioxide; however, there are

several tolerance exemptions for theses

compounds. The addition to aggregate

exposure or sodium chlorite or chlorine

dioxide as described in this petition is

minimal.

The estimated non-occupational

exposure to sodium chlorite and

chlorine dioxide has been evaluated

based on its proposed use pattern. The

potential for non-occupational exposure

under the proposed use to the general

population is unlikely. Sodium chlorite

and its hydrolysis product, chlorine

dioxide, is proposed to be used only on

poultry and livestock farms and is not

to be used in or around the home.

There is no maximum contaminant

level for residues of sodium chlorite in

drinking water; however, there is a

proposed maximum residual

disinfectant level (MRDL) for chlorine

dioxide of 0.8 milligrams per liter (mg/

L) and a MRDL goal of 0.3 mg/L. The

MRDL was part of a proposed EPA

rulemaking on disinfectants on drinking

water on July 29, 1994; however, this

rule is not yet finalized.

D. Cumulative Effects

Sodium chlorate is chemically similar

to sodium chlorite, and sodium chlorate

is exempt from the requirements of a

tolerance when used as a defoliant,

desiccant, or fungicide on various RACs

(40 CFR 180.1020). Chlorine gas is

exempted from the requirement of a

tolerance when used preharvest or

postharvest in solution on all RACs (40

CFR 180.1095). Calcium hypochlorite is

exempted from the requirement of a

tolerance when used preharvest or

postharvest on all RACs and in or on

grapes when used as a fumigant

postharvest by means of a chlorine

generator pad (40 CFR 180.1054). The

agency has determined previously that

there is no reasonable expectation that

residues of these compounds will

remain in eggs, meat, or poultry in

accordance with 40 CFR 180.3. The

residues which do remain are not of

toxicological significance.

E. Safety Determination

Because sodium chlorite and chlorine

dioxide are not expected to accumulate

in poultry or livestock tissues and their

food byproducts, exposure to the U.S.

population and the subgroup infants

and children does not pose a significant

risk. In addition, chlorine dioxide (the

byproduct from the reaction during the

proposed use of sodium chlorite) is

already present in many municipal

drinking water systems, therefore, the

exposure to any chlorine dioxide that

may be present in animal food products

as a result of the proposed use is not

expected to cause any additional risk to

the general population and the subgroup

of infants and children.

F. International Tolerances

The petitioner understands that there

are no current established Maximum

Residue Levels for sodium chlorite or

chlorine dioxide.

II. Public Record

Interested persons are invited to

submit comments on the this notice of

filing. Comments must bear a notation

indicating the docket control number,

PF–706.

A record has been established for this

notice under docket control number PF–

706 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 an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this

rulemaking, 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 Virginia

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 13, 1997.

Peter Caulkins,

Acting Director, Registration Division, Office

Pesticide Programs.

[FR Doc. 97–4626 Filed 2–25–97; 8:45 am]

BILLING CODE 6560–50–F

[PF–711; FRL–5589–1]

Good Bugs Inc.; 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 a

regulation for an exemption from the

requirement of a tolerance for residues

of the microbial pesticide Pseudomonas

fluorescens PRA-25 in or on peas,

snapbeans, sweet corn, and supersweet