47184 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices 

the first such request and EPA had 

provided no prior guidance on these 

issues. EPA believed all parties to the 

process would benefit from a complete 

public airing of the issues involved in 

the first waiver request. Texas properly 

submitted substantive and detailed 

comments during the comment period 

to support its request. However during 

the public comment period other 

commenters were necessarily focused 

on addressing just the limited 

information provided in the initial 

request submitted by Texas. They did 

not have the opportunity to respond to 

Texas’ more substantive submission 

until after the comment period had 

closed. This is not the most efficient use 

of EPA’s or the public’s resources, 

especially given the short time specified 

in the Act for EPA to make a decision. 

The guidance in this section is designed 

in part to avoid this kind of situation in 

the future and better allow the Agency 

to meet the statutory deadlines provided 

in EISA. 

EPA may grant a waiver for no more 

than one year unless renewed by the 

Administrator. EPA expects that 

applicants would state the requested 

start date and duration of the waiver, 

with waiver applications received 

generally at least six months before the 

requested start date, and to the extent 

that applications cannot be submitted in 

such timeframe an application should 

include an explanation why such 

expectation could not be met. EPA 

expects that applicants would notify the 

Administrator approximately three 

months before the termination of a 

waiver period if renewal of the waiver 

is desired. The request for an extension 

would include an update of the 

information and rationale submitted 

with the original waiver request. 

The Administrator may also grant a 

waiver based on severe harm to the 

environment of a State, a region, or the 

United States, or inadequate domestic 

supply. At this time the Agency is not 

providing any more specific guidance 

for these types of waiver requests, but 

anticipates that the guidance discussed 

in this section would apply in general 

terms to these requests as well. 

My decision will affect not only 

refiners, importers and other regulated 

parties in Texas but also refiners, 

importers, and other regulated parties 

throughout the nation who must comply 

with the renewable fuel standards and 

other requirements in order to produce 

gasoline and renewable fuel for use in 

the United States. A waiver would affect 

the national volume of renewable fuel 

that is required, and would therefore 

affect parties all across the nation who 

produce gasoline or renewable fuel, as 

well as other regulated parties who are 

involved in the distribution of such 

fuels. For this reason, I hereby 

determine and find that this is a final 

action of national applicability. 

This action is not a rule as defined by 

Executive Order 12866. Therefore, it is 

exempt from review by the Office of 

Management and Budget as required for 

rules and regulations by Executive 

Order 12866. 

Dated: August 7, 2008. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E8–18738 Filed 8–12–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0046; FRL–8376–8] 

Notice of Receipt of Several Pesticide 

Petitions Filed for Residues of 

Pesticide Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

Agency’s receipt of several 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 September 12, 2008. 

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 is listed at the end of 

each pesticide petition summary and 

may be contacted by telephone or email. The mailing address for each 

contact person listed is: Registration 


ebenthall on PRODPC60 with NOTICES
Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices 47185 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001. 

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. 

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 atypical 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 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 

document 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. 

Pursuant to 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 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 in this unit. 

New Tolerances 

1. PP 8E7386. (EPA–HQ–OPP–2008–

0589). Interregional Research Project 

Number 4 (IR-4), 500 College Rd. East, 

Suite 201 W, Princeton, NJ 08540, 

proposes to establish a tolerance for 

residues of the insecticide, buprofezin, 

in or on coffee at 0.35 parts per million 

(ppm) and pomegranates at 1.9 ppm. 

The proposed analytical method 

involves extraction, partition, clean-up 

and detection of residues by gas 

chromatography using nitrogen 

phosphorous detection. This summary 

has been prepared by Nichino America, 

Inc., Wilmington, DE 19808, the 

registrant. Contact: Susan Stanton, (703) 

305–5218, stanton.susan@epa.gov. 

2. PP 7F7215. (EPA–HQ–OPP–2008–

0567). Mitsui Chemicals, Inc., Shiodome 

City Center, 1-5-2, Higashi-Shimbashi, 

Minato-ku, Tokyo, Japan 105-7117 c/o 

Landis International, Inc., P.O. Box 

5126, 3185 Madison Hwy., Valdosta, GA 

31603-5126, proposes to establish a 

tolerance for residues of the insecticide, 

etofenprox, [2-(4-ethoxyphenyl)-2- 

methylpropyl 3-phenoxybenzyl ether], 

and the metabolite, a-CO i.e. [2-(4- 

ethoxyphenyl)-2-methylpropyl 3- 

phenoxybenzoate], in or on rice grain at 

0.01 ppm and rice straw at 0.06 ppm. 

Mitsui Chemicals, Inc., has submitted 

practical analytical methodology for 

detecting and measuring levels of 

Etofenprox and the metabolite, a-CO i.e. 

[2-(4-ethoxyphenyl)-2-methylpropyl 3- 

phenoxybenzoate], in or on raw 

agricultural commodities. The high 

performance liquid chromatography 

(HPLC) method was validated for 

determination of etofenprox and a-CO 

in or on rice grain and straw for raw 

agricultural commodity matrices. 

Samples were processed and analyzed 

for the determination of etofenprox and 

a-CO using HPLC with mass spectrum 

detection (LC/MS/MS) for final 

quantitation. The target limit of 

quantitation (LOQ) was 0.01 ppm for all 

matrices. Contact: Kevin Sweeney, (703) 

305–5063, sweeney.kevin@epa.gov. 

3. PP 8F7349. (EPA–HQ–OPP–2007- 

0975). E.I. DuPont de Nemours and 

Company, DuPont Crop Protection, P.O. 


ebenthall on PRODPC60 with NOTICES
47186 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices 

Box 30, Newark, DE 19714-0030, 

proposes to establish a tolerance for 

residues of the insecticide, methomyl 

(S-methyl N-[(methylcarbamoyl)oxy] 

thioacetimidate), in or on grapes, table 

at 1.5 ppm; grapes, juice at 5.0 ppm; 

grapes, raisin at 5.0 ppm; and grapes, 

wine at 5.0 ppm. Adequate analytical 

methodology is available for data 

collection and enforcing tolerances of 

methomyl. Method I in the Pesticide 

Analytical Manual (PAM), Vol. II, is a 

gas liquid chromatography (GLC)/sulfur 

microcoulometric detection method that 

has undergone a successful EPA method 

validation on corn, leafy vegetables, and 

fruiting vegetables. The limit of 

detection is 0.02 ppm for plant 

commodities. A (HPLC)/fluorescence 

detection method (Method AMR 3015- 

94) has also been proposed as an 

enforcement method. This method has 

undergone a successful EPA method 

validation using dry pea seeds, sorghum 

hay, and sugar beet foliage. The 

validated limit of quantitation is 0.02 

ppm. Both the GLC and the HPLC 

methods allow for monitoring crops 

with residues at or above tolerance 

levels. Contact: Thomas C. Harris, (703) 

308–9423, harris.thomas@epa.gov. 

4. PP 8G7357. (EPA–HQ–OPP–2008–

0570). Chemtura Corporation, 199 

Benson Rd., Middlebury, CT 06749, 

proposes to establish a tolerance for 

residues of the insecticide, bifenazate: 

hydrazine carboxylic acid, 2-(4- 

methoxy-[1,1’-biphenyl]-3-yl) 1- 

methylethyl ester, in or on corn, grain 

at 0.02 parts per million (ppm); sweet 

corn (K+CWHR) at 0.05 ppm; corn, 

forage at 25 ppm; corn, stover at 13 

ppm; and aspirated grain fractions at 0.7 

ppm. Chemtura Corporation has 

developed practical analytical 

methodology for detecting and 

measuring residues of bifenazate in or 

on raw agricultural commodities (RAC). 

As D3598, a significant metabolite, was 

found to interconvert readily to/from 

bifenazate, the analytical method was 

designed to convert all residues of 

D3598 to the parent compound 

(bifenazate) for analysis. The method 

utilizes reversed phase HPLC to separate 

the bifenazate from matrix derived 

interferences, and oxidative coulometric 

electrochemical detection for the 

identification and quantification of this 

analyte. Using this method the LOQ for 

bifenazate in corn matrices and 

processed commodities was 0.01 ppm. 

The limit of detection (LOD) for the 

method is set at 0.005 ppm. For corn 

RAC and processed commodities, the 

method has also been validated by 

liquid chromatography/mass 

spectrometry/mass spectrometry (LCMS/MS), and used for the confirmation 

of residues. The analytical method for 

bifenazate and its major metabolite 

D3598 in animal tissues was designed 

using the same principles invoked in 

the plant method, with minor 

modifications. However, in animal 

tissue samples, a separate aliquot of the 

extract was used to determine residues 

of A1530 and its sulfate (combined) in 

milk and meat samples (as these 

metabolites appeared to be significant in 

the goat metabolism studies). The 

extract was subjected to acid hydrolysis 

to convert the sulfate conjugate to 

A1530 before it was quantified by LCMS/MS. Another metabolite, D9569, 

was also monitored in milk by LC-MS/ 

MS. Contact: Amer Al-Mudallal, (703) 

605–0566, al-mudallal.amer@epa.gov. 

Amendment to Existing Tolerance 

PP 8F7349. (EPA–HQ–OPP–2007- 

0975). E.I. DuPont de Nemours and 

Company, DuPont Crop Protection, P.O. 

Box 30, Newark, DE 19714-0030, 

proposes to delete the tolerance in 40 

CFR 180.253 for residues of the 

insecticide, methomyl (S-methyl N- 

[(methylcarbamoyl)oxy] 

thioacetimidate), in or on grape at 5 

ppm. Contact: Thomas C. Harris, (703) 

308–9423, harris.thomas@epa.gov. 

New Exemption from an Inert Tolerance 

PP 8E7397. (EPA–HQ–OPP–2008–

0571). Keller and Heckman LLP, 1001 G 

St., NW, Suite 500, Washington, DC 

20001 as U. S. agent for Eka Chemicals 

AB, 455 80 Bobus, Sweden, proposes to 

establish an exemption from the 

requirement of a tolerance in 40 CFR 

180.960 for residues of the silane, 

trimethoxy[3-oxiranylmethoxy)propyl]-, 

hydrolysis products with silica; (CAS 

No. 68584–82–7) in or on the raw 

agricultural commodities when used as 

a pesticide inert ingredient in pesticide 

formulations. Because this petition is a 

request for an exemption from the 

requirement of a tolerance, no analytical 

method is required. Contact: Karen 

Samek, (703) 347–8825, 

samek.karen@epa.gov. 

List of Subjects 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: August 4, 2008. 

Donald R. Stubbs, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

[FR Doc. E8–18608 Filed 8–12–08; 8:45 am] 

Billing Code 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0046; FRL–8375–8] 

Notice of Receipt; Several Pesticide 

Petitions Filed for Residues of 

Pesticide Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

Agency’s receipt of several 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 September 12, 2008. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition 

number (PP) of interest as identified 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’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 identified 

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 online 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 


ebenthall on PRODPC60 with NOTICES