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###### Environmental Protection Agency

          - [EPA-HQ-OPP-2010-0012; FRL-8843-3]

# AGENCY: 

Environmental Protection Agency (EPA).

# ACTION: 

Notice.

# SUMMARY: 

This notice announces the Agency's receipt of several initial filings 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 October 8, 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 Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.

#                     SUPPLEMENTARY INFORMATION:                          ( print page 54630)    

## 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 174 or 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.

                     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 0E7731*. (EPA-HQ-OPP-2010-0659). ISK BioSciences Corporation, 7470 Auburn Road, Suite A, Concord, Ohio 44077, proposes to establish a tolerance in 40 CFR part 180 for residues of the fungicide pyriofenone, (5-chloro-2-methoxy-4-methyl-3-pyridinyl)(2,3,4-trimethoxy-6-methylphenyl) methanone, in or on grape at 0.2 parts per million (ppm). A practical analytical method for pyriofenone using liquid chromatography-mass spectrometry/MS (LC/MS/MS) is available for analysis of grapes. This method has been confirmed through independent laboratory validation and is available for enforcement purposes. Contact: Heather Garvie, (703) 308-0034, e-mail address:                     *garvie.heather@epa.gov*.                

                    2.                     *PP 0E7735*. (EPA-HQ-OPP-2010-0583). Interregional Research Project Number 4 (IR-4) Project Headquarters, Rutgers, The State University of New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08450, proposes to establish tolerances in 40 CFR part 180 for residues of the fungicide tetraconazole, 1-[2-(2,4-dichlorophenyl)-3-(1,1,2,2-tetrafluoroethoxyl)propyl]-1                     *H*                    -1,2,4-triazole, in or on small fruit vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 0.20 ppm; and low growing berry, subgroup 13-07G at 0.25 ppm. Adequate enforcement methodology (capillary gas chromatography with electron capture detector (GC/ECD)) is available to enforce the tolerance expression. The method may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350. Contact: Sidney Jackson, (703) 305-7610, e-mail address:                     *jackson.sidney@epa.gov*.                

                     3.                     *PP 0E7743*. (EPA-HQ-OPP-2010-0621). Interregional Research Project Number 4 (IR-4) Project Headquarters, Rutgers, The State University of New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08450, proposes to establish tolerances in 40 CFR part 180 for residues of the fungicide metconazole, 5-[(4-chlorophenyl)-methyl]-2,2-dimethyl-1-(1                     *H*                     -1,2,4-triazol-1-ylmethyl) cyclopentanol), measured as the sum of                     *cis-*                     and                     *trans*                    - isomers, in or on bushberry subgroup 13-07B at 0.35 ppm; and tuberous and                           ( print page 54631)                        corm vegetable subgroup 1C at 0.02 ppm. Independently validated analytical methods have been submitted for analyzing parent metconazole residues with appropriate sensitivity for crops and processed commodities for which a tolerance is being requested. Contact: Andrew Ertman, (703) 308-9367, e-mail address:                     *ertman.andrew@epa.gov*.                

                     4.                     *PP 0F7711*. (EPA-HQ-OPP-2010-0425). Bayer CropScience, 2 T.W. Alexander Drive, Research Triangle Park, NC 27709, proposes to establish tolerances in 40 CFR part 180 for residues of the insecticide penflufen, (1                    *H*                    -pyrazole-4-carboxamide,                     *N*                    -[2-(1,3-dimethylbutyl)phenyl]-5-fluoro-1,3-dimethyl-), in or on alfalfa, forage and hay at 0.01 ppm; cotton, gin byproducts at 0.01 ppm; canola, borage, crambe, cuphea, echium, flax seed, gold of pleasure, hare's ear mustard, lesquerella, lunaria. meadowfoam, milkweed, mustard seed, oil radish, poppy seed, rapeseed, sesame, sweet rocket, calendula, castor oil plant, Chinese tallowtree, cottonseed, euphorbia, evening primrose, jojoba, niger seed, rose hip, safflower, stokes aster, sunflower, tallowwood, tea oil plant, and vernonia at 0.01 ppm; grain, cereal, group 15 at 0.01 ppm; grain, cereal, forage, fodder and straw, group 16 at 0.01 ppm; vegetable, legume, group 06 at 0.01 ppm; vegetable, foliage of legume, group 07 at 0.01 ppm; and vegetable, tuberous and corm, subgroup 01C at 0.01 ppm. Tolerances are being proposed in primary crops solely for penflufen. The analytical method involves solvent extraction, filtration, and addition of an isotopically labeled internal standard followed by acid hydrolysis. Quantitation is by high performance liquid chromatography-electrospray ionization/tandem mass spectrometry (LC/MS/MS). Contact: Marianne Lewis, (703) 308-8043, e-mail address:                     *lewis.marianne@epa.gov*.                

### Amended Tolerance

*PP 0E7735*. (EPA-HQ-OPP-2010-0583). Interregional Research Project Number 4 (IR-4) Project Headquarters, Rutgers, The State University of New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08450, proposes to delete the existing tolerance in 40 CFR 180.557 for residues of the fungicide tetraconazole, 1-[2-(2,4-dichlorophenyl)-3-(1,1,2,2-tetrafluoroethoxyl)propyl]-1                     *H*                    -1,2,4-triazole, in or on grape at 0.20 ppm since grape is included in the proposed subgroup 13-07F in 2. under “New Tolerance”. Contact: Sidney Jackson, (703) 305-7610, e-mail address:                     *jackson.sidney@epa.gov*.                

### New Tolerance Exemption

*PP 0F7687*. (EPA-HQ-OPP-2004-0144). Stehekin, LLC, 1012 Good Lander Drive, WA 98942, proposes to amend 40 CFR 180.920 to establish an exemption from the requirement of a tolerance for residues of 1-naphthaleneacetic acid, potassium and sodium salts (NAA) in or on potato. The analytical method for NAA was submitted to the Agency under EPA MRID number 445554-03 for the detection and measurement of the pesticide residues. Contact: Janet Whitehurst, (703) 305-6129, e-mail address:                     *whitehurst.janet@epa.gov*.                

# List of Subjects

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

Dated: August 30, 2010. 

 G. Jeffrey Herndon,

Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 2010-22331 Filed 9-7-10; 8:45 am]

BILLING CODE 6560-50-S