[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Pages 44264-44266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17452]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0337; FRL-8375-1]


Notice of Receipt; Petition Filed 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 the initial 
filing of a pesticide petition 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 August 29, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2007-0337 and the pesticide petition number 
(PP), by one of the following methods:
    <bullet> Federal eRulemaking Portal:  http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
    <bullet> 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 (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0337. 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 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: Susan Stanton, Registration Division

[[Page 44265]]

(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 305-5218; e-mail address: <a href="/cdn-cgi/l/email-protection#a0d3d4c1ced4cfce8ed3d5d3c1cee0c5d0c18ec7cfd6"><span class="__cf_email__" data-cfemail="0a797e6b647e656424797f796b644a6f7a6b246d657c">[email protected]</span></a>.

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:
    <bullet> Crop production (NAICS code 111).
    <bullet> Animal production (NAICS code 112).
    <bullet> Food manufacturing (NAICS code 311).
    <bullet> 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 under FOR FURTHER INFORMATION 
CONTACT.

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 a pesticide petition filed under 
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
U.S.C. 346a, which proposes 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 
petition described in this document contains 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 supports granting of the pesticide petition. Additional data 
may be needed before EPA can make a final determination on this 
pesticide petition.
     Pursuant to 40 CFR 180.7(f), a summary of the petition that is the 
subject of this notice, which was prepared by the petitioner as 
required by 40 CFR 180.7(b)(1), is included in the docket for this 
rulemaking at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)), 
EPA is publishing notice of the petition so that the public has an 
opportunity to comment on this request for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petition may be obtained 
through the petition summary referenced above.

New Tolerances

     1. PP 7F7200. (EPA-HQ-OPP-2007-0337). Bayer CropScience, 2 T.W. 
Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709, 
proposes to establish a tolerance for residues of the insecticide, 
cyfluthrin, cyano(4-fluoro-3-phenoxyphenyl)methyl-3-(2,2-
dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate in or on food 
commodities barley, grain; buckwheat, grain; millet, grain; oat, grain; 
rye, grain; triticale, grain; and wheat, grain at 0.15 part per million 
(ppm); corn, field, grain; corn, pop, grain; and teosinte, grain at 
0.05 ppm; sorghum, grain at 3.5 ppm; grain, cereal, forage, fodder and 
hay, group 16, forage, except rice at 25 ppm; grain, cereal, forage, 
fodder and hay, group 16, hay, except rice at 6.0 ppm; grain, cereal, 
forage, fodder and hay, group 16, stover, except rice at 30 ppm; and 
grain, cereal, forage, fodder and hay, group 16, straw, except rice at 
7.0 ppm. Adequate analytical methodology using gas chromatography/
electron capture (GC/EC) detection is available for enforcement 
purposes.
     2. PP 7F7200. (EPA-HQ-OPP-2007-0337). Bayer CropScience, 2 T.W. 
Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709, 
proposes to create paragraph (a)(4) in 40 CFR 180.436 and establish a 
tolerance for residues of the insecticide, beta-cyfluthrin, cyano(4-
fluoro-3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2-dimethyl-
cyclopropanecarboxylate [mixture comprising the enantiomeric pair (R)-
[alpha]-cyano-4-fluoro-3-phenoxybenzyl (1S,3S)-3-(2,2-dichlorovinyl)-
2,2-dimethylcyclopropanecarboxylate and (S)-[alpha]-cyano-4-fluoro-3-
phenoxybenzyl (1R,3R)-3-(2,2-dichlorovinyl)-2,2-
dimethylcyclopropanecarboxylate with the enantiomeric pair (R)-[alpha]-
cyano-4-fluoro-3-phenoxybenzyl (1S,3R)-3-(2,2-dichlorovinyl)-2,2-
dimethylcyclopropanecarboxylate and (S)-[alpha]-cyano-4-fluoro-3-
phenoxybenzyl (1R,3S)-3-(2,2-dichlorovinyl)-2,2-
dimethylcyclopropanecarboxylate in or

[[Page 44266]]

on food commodities alfalfa at 5.0 ppm; alfalfa, forage at 5.0 ppm; 
alfalfa, hay at 13 ppm; almond, hulls at 0.5 ppm; barley, bran at 0.5 
ppm; barley, grain at 0.15 ppm; beet, sugar, dried pulp at 1.0 ppm; 
beet, sugar, roots at 0.10 ppm; Brassica, head and stem, subgroup 5A at 
2.5 ppm; Brassica, leafy greens, subgroup 5B at 7.0 ppm; buckwheat, 
grain at 0.15 ppm; carrot, roots at 0.20 ppm; cattle, fat at 2.0 ppm; 
cattle, meat at 0.10 ppm; cattle, meat byproducts at 0.10 ppm; citrus, 
dried pulp at 0.3 ppm; citrus, oil at 0.3 ppm; corn, field, grain at 
0.05 ppm; corn, pop, grain at 0.05 ppm; corn, sweet, kernel plus cob 
with husks removed at 0.05 ppm; cotton, hulls at 2.0 ppm; cotton, 
refined oil at 2.0 ppm; cotton, undelinted seed at 1.0 ppm; egg at 0.01 
ppm; fruit, citrus, group 10 at 0.2 ppm; fruit, pome, group 11 at 0.5 
ppm; fruit, stone, group 12 at 0.3 ppm; goat, fat at 2.0 ppm; goat, 
meat at 0.05 ppm; goat, meat byproducts at 0.05 ppm; grain, aspirated 
fractions at 150 ppm; grain, cereal, forage, fodder and hay, group 16, 
forage, except rice at 25 ppm; grain, cereal, forage, fodder and hay, 
group 16, hay, except rice at 6.0 ppm; grain, cereal, forage, fodder 
and hay, group 16, stover, except rice at 30 ppm; grain, cereal, 
forage, fodder and hay, group 16, straw, except rice at 7.0 ppm; grape 
at 1.0 ppm; grape, raisin at 3.5 ppm; grass, forage, fodder and hay, 
group 17, forage at 12 ppm; grass, forage, fodder and hay, group 17, 
hay at 50 ppm; hog, fat at 0.5 ppm; hog, meat at 0.01 ppm; hog, meat 
byproducts at 0.01 ppm; hop, dried cones at 20.0 ppm; hop, vines at 4.0 
ppm; horse, fat at 2.0 ppm; horse, meat at 0.05 ppm; horse, meat 
byproducts at 0.05 ppm; lettuce, head at 2.0 ppm; lettuce, leaf at 3.0 
ppm; milk at 0.2 ppm; milk, fat at 5.0 ppm; millet, grain at 0.15 ppm; 
mustard greens at 7.0 ppm; nut, tree, group 14 at 0.01 ppm; oat, bran 
at 0.5 ppm; oat, grain at 0.15 ppm; pea and bean, dried shelled, except 
soybean, subgroup 6C at 0.15 ppm; pea, dry, seed at 0.15 ppm; pea, 
southern, succulent at 0.25 ppm; peanut at 0.01 ppm; peanut, hay at 6.0 
ppm; pepper at 0.50 ppm; pistachio at 0.01 ppm; poultry, fat at 0.01 
ppm; poultry, meat at 0.01 ppm; poultry, meat byproducts at 0.01 ppm; 
radish, roots at 1.0 ppm; rye, bran at 0.5 ppm; rye, grain at 0.15 ppm; 
sheep, fat at 2.0 ppm; sheep, meat at 0.05 ppm; sheep, meat byproducts 
at 0.05 ppm; sorghum, grain, grain at 3.5 ppm; soybean, forage at 8.0 
ppm; soybean, hay at 4.0 ppm; soybean, seed at 0.03 ppm; sugarcane, 
cane at 0.05 ppm; sugarcane, molasses at 0.20 ppm; sunflower, forage at 
5.0 ppm; sunflower, seed at 0.02 ppm; teosinte, grain at 0.05 ppm; 
tomato at 0.20 ppm; tomato, paste at 0.5 ppm; tomato, pomace at 5.0 
ppm; triticale, grain at 0.15 ppm; turnip, greens at 7.0 ppm; 
vegetable, cucurbit, group 9 at 0.1 ppm; vegetable, fruiting, group 8 
at 0.5 ppm; vegetable, leafy greens, except Brassica, group 4 at 6.0 
ppm; vegetable, tuberous and corm, subgroup 1C at 0.01 ppm; wheat, bran 
at 0.5 ppm; wheat, grain at 0.15 ppm; and wheat, shorts at 0.5 ppm. 
Adequate analytical methodology using GC/EC detection is available for 
enforcement purposes.

Amendment to Existing Tolerances

     1. PP 7F7200. (EPA-HQ-OPP-2007-0337). Bayer CropScience, 2 T.W. 
Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709, 
proposes to amend the tolerances in 40 CFR 180.436 for residues of the 
insecticide, cyfluthrin, cyano(4-fluoro-3-phenoxyphenyl)methyl-3-(2,2-
dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate, in or on the food 
commodities barley, bran from 5.0 ppm to 0.5 ppm; cattle, fat from 10.0 
ppm to 2.0 ppm; cattle, meat from 0.40 ppm to 0.10 ppm; cattle, meat 
byproducts from 0.40 ppm to 0.10 ppm; goat, fat from 10.0 ppm to 2.0 
ppm; goat, meat from 0.40 ppm to 0.05 ppm; goat, meat byproducts from 
0.40 ppm to 0.05 ppm; grain, aspirated fractions from 600 ppm to 150 
ppm; hog, fat from 10.0 ppm to 0.5 ppm; hog, meat from 0.40 ppm to 0.01 
ppm; hog, meat byproducts from 0.40 ppm to 0.01 ppm; horse, fat from 
10.0 ppm to 2.0 ppm; horse, meat from 0.40 ppm to 0.05 ppm; horse, meat 
byproducts from 0.40 ppm to 0.05 ppm; milk from 1.0 ppm to 0.2 ppm; 
milk, fat from 30.0 ppm to 5.0 ppm; oat, bran from 5.0 ppm to 0.5 ppm; 
rye, bran from 5.0 ppm to 0.5 ppm; sheep, fat from 10.0 ppm to 2.0 ppm; 
sheep, meat from 0.40 ppm to 0.05 ppm; sheep, meat byproducts from 0.40 
ppm to 0.05 ppm; wheat, bran from 6.5 ppm to 0.5 ppm; and wheat, shorts 
from 11.0 ppm to 0.5 ppm. Adequate analytical methodology using GC/EC 
detection is available for enforcement purposes.
     2. PP 7F7200. (EPA-HQ-OPP-2007-0337). Bayer CropScience, 2 T.W. 
Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709, 
proposes to delete the tolerances in 40 CFR 180.436 for residues of the 
insecticide, cyfluthrin, cyano(4-fluoro-3-phenoxyphenyl)methyl-3-(2,2-
dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate, in or on the food 
commodities corn, field, forage at 3.0 ppm; corn, field, milled 
byproducts at 7.0 ppm; corn, field, refined oil at 30.0; corn, field, 
stover at 6.0 ppm; corn, pop, stover at 6.0 ppm; corn, sweet, forage at 
15.0 ppm; corn, sweet, stover at 30.00 ppm; grain, cereal, group 15 at 
4.0 ppm; rice, bran at 6.0 ppm; rice, hulls at 18.0 ppm; sorghum, 
grain, forage at 2.0 ppm; sorghum, grain, stover at 5.0 ppm; wheat, 
forage at 5.0 ppm; wheat, hay at 6.0 ppm; and wheat, straw at 6.0 ppm.

List of Subjects

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

    Dated: July 22, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E8-17452 Filed 7-29-08; 8:45 am]
BILLING CODE 6560-50-S


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