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[Federal Register: March 10, 2010 (Volume 75, Number 46)]
[Notices]               
[Page 11171-11173]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr10-85]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0095; FRL-8810-8]

 
Notice of Filing of Several Pesticide Petitions for Residues of 
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the Agency's receipt of several initial 
filings of pesticide petitions proposing the establishment of 
regulations for residues of pesticide chemicals in or on various 
commodities.

DATES: Comments must be received on or before April 5, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition number (PP) of interest as shown 
in the body of this document, 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 Facility'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 docket ID number and the 
pesticide petition number of interest as shown in the body of this 
document. 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 at http://www.regulations.gov. 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 form. Publicly 
available docket materials are available either in the electronic 
docket 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: A contact person, with telephone 
number and e-mail address, is listed at the end of each pesticide 
petition summary. You may also reach each contact person by mail at 
Biopesticides and Pollution Prevention Division (7511P), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.

SUPPLEMENTARY INFORMATION:

[[Page 11172]]

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.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low-income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have a typical or disproportionately high and adverse 
human health impacts or environmental effects from exposure to the 
pesticides discussed in this document, compared to the general 
population.

II. What Action is the Agency Taking?

    EPA is announcing its receipt of several pesticide petitions filed 
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a, proposing the establishment 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 the data or information prescribed 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 
can make a final determination on these pesticide petitions.
    In accordance with 40 CFR 180.7(f), a summary of each of the 
petitions that are the subject of 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.
    As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)), 
EPA is publishing a notice of the petitions so that the public has an 
opportunity to comment on these requests for the establishment of 
regulations for residues of pesticides in or on food commodities. 
Further information on the petitions may be obtained through the 
petition summaries referenced in this unit.

New Tolerance Exemptions

    1. PP 0F7681. (EPA-HQ-OPP-2010-0078). Marrone Bio Innovations 
Incorporated, 2121 Second Street, Suite B-107, Davis, CA 95618, 
proposes to establish an exemption from the requirement of a tolerance 
for residues of the microbial pesticide, Streptomyces acidiscabies 
strain RL-110\T\, in or on all agricultural commodities. The petitioner 
believes no analytical method is needed because when used as proposed, 
Streptomyces acidiscabies strain RL-110\T\ will not result in residues 
that are of toxicological concern. Contact: Ann Sibold, (703) 305-6502, 
e-mail address: sibold.ann@epa.gov.
    2. PP 9E7635. (EPA-HQ-OPP-2010-0055). Interregional Research 
Project Number 4 (IR-4), Rutgers University, 500 College Road East, 
Suite 201W, Princeton, NJ 08540 (on behalf of BioProdex Incorporated, 
8520 NW 2 Place, Gainesville, FL 32607-1423), proposes to establish an 
exemption from the requirement of a tolerance for residues of the 
herbicide, Tobacco Mild Green Mosaic Tobamovirus, in or on all food 
commodities. The petitioner believes no analytical method is needed 
because Tobacco Mild Green Mosaic Tobamovirus occurs in fruiting 
vegetables, cucurbits, tobacco, and many other crops and is, therefore, 
indistinguishable from background levels normally present in the 
environment. Furthermore, since an exemption from tolerance is being 
requested, the petitioner has also emphasized that there is no need to 
analyze for residues. Contact: Jeannine Kausch, (703) 347-8920, e-mail 
address: kausch.jeannine@epa.gov.
    3. PP 9F7587. (EPA-HQ-OPP-2010-0092). Technology Sciences Group 
Incorporated, 1150 18th Street NW., Suite 1000, Washington, DC 20036 
(on behalf of Natural Industries Incorporated, 6223 Theall Road, 
Houston, TX 77066), proposes to establish an exemption from the 
requirement of a tolerance for residues of the mycoinsecticide, 
Paecilomyces fumosoroseus strain FE 9901, in or on vegetable and herb 
crops grown in greenhouses. The petitioner believes no analytical 
method is needed because residues of Paecilomyces fumosoroseus strain 
FE 9901 are not expected to occur as it degrades rapidly in sunlight 
and in high temperatures, conditions commonly found in greenhouses. 
Contact: Kathleen Martin, (703) 308-

[[Page 11173]]

2857, e-mail address: martin.kathleen@epa.gov.
    4. PP 9F7618. (EPA-HQ-OPP-2010-0053). Technology Sciences Group 
Incorporated, 1150 18th Street NW., Suite 1000, Washington, DC 20036 
(on behalf of BioWorks Incorporated, 100 Rawson Road, Suite 205, 
Victor, NY 14564), proposes to establish an exemption from the 
requirement of a tolerance for residues of the fungicide, Trichoderma 
virens strain G-41, in or on all food commodities. The petitioner 
believes no analytical method is needed because, as proposed, the use 
of Trichoderma virens strain G-41 would not result in residues that are 
of toxicological concern. Contact: Jeannine Kausch, (703) 347-8920, e-
mail address: kausch.jeannine@epa.gov.
    5. PP 9F7623. (EPA-HQ-OPP-2010-0099). SciReg Incorporated, 12733 
Director's Loop, Woodbridge, VA 22192 (on behalf of bio-Ferm GmbH, 
Konrad Lorenz Strasse 20, A-3430, Tulln, Austria), proposes to 
establish an exemption from the requirement of a tolerance for residues 
of the fungicides, Aureobasidium pullulans strains DSM 14940 and DSM 
14941, in or on all food commodities. The petitioner believes no 
analytical method is needed because they are submitting a petition to 
establish an exemption from the requirement of a tolerance. Contact: 
Susanne Cerrelli, (703) 308-8077, e-mail address: 
cerrelli.susanne@epa.gov.
    6. PP 9F7643. (EPA-HQ-OPP-2010-0104). Certis USA LLC, 9145 Guilford 
Road, Suite 175, Columbia, MD 21046, proposes to establish an exemption 
from the requirement of a tolerance for residues of the microbial 
pesticide, Bacillus subtilis strain CX-9060, in or on all food 
commodities including residues resulting from post-harvest uses. The 
petitioner believes no analytical method is needed because an exemption 
from the requirement of a tolerance is being sought. Contact: Denise 
Greenway, (703) 308-8263, e-mail address: greenway.denise@epa.gov.
    7. PP 9F7665. (EPA-HQ-OPP-2010-0087). Certis USA LLC, 9145 Guilford 
Road, Suite 175, Columbia, MD 21046, proposes to establish an exemption 
from the requirement of a tolerance for residues of the insecticide, 
Paecilomyces fumosoroseus var. Apopka strain 97, in or on all food 
commodities. The petitioner believes no analytical method is needed 
because the pesticide occurs naturally and would be present 
irrespective of treatment, and there are no residues of toxicological 
concern. Contact: Shanaz Bacchus, (703) 308-8097, e-mail address: 
bacchus.shanaz@epa.gov.
    8. PP 9F7670. (EPA-HQ-OPP-2010-0065). Technology Sciences Group 
Incorporated, 1150 18th Street NW., Suite 1000, Washington, DC 20036 
(on behalf of AMVAC Chemical Corporation, 4695 MacArthur Court, Suite 
1250, Newport Beach, CA 92660-1706), proposes to establish an exemption 
from the requirement of a tolerance for residues of the potato sprout 
inhibitor, 3-decen-2-one, in or on all food commodities. The petitioner 
believes no analytical method is needed because the use of 3-decen-2-
one would not result in residues that are of toxicological concern. 
Contact: Driss Benmhend, (703) 308-9525, e-mail address: 
benmhend.driss@epa.gov.
     9. PP 9F7674. (EPA-HQ-OPP-2010-0054). Marrone Bio Innovations 
Incorporated, 2121 Second Street, Suite B-107, Davis, CA 95618, 
proposes to establish an exemption from the requirement of a tolerance 
for residues of the insecticide, Chromobacterium subtsugae strain 
PRAA4-1\T\, in or on all food commodities. The petitioner believes no 
analytical method is needed because, as proposed, the use of 
Chromobacterium subtsugae strain PRAA4-1\T\ would not result in 
residues that are of toxicological concern. Contact: Jeannine Kausch, 
(703) 347-8920, e-mail address: kausch.jeannine@epa.gov.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives, 
Food additives, Pesticides and pests, Reporting and recordkeeping 
requirements.

    Dated: February 24, 2010.
Keith A. Matthews,
Acting Director, Biopesticides and Pollution Prevention Division, 
Office of Pesticide Programs.

[FR Doc. 2010-4804 Filed 3-9-10; 8:45 am]
BILLING CODE 6560-50-S
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