thefederalregister.com

Daily Rules, Proposed Rules, and Notices of the Federal Government

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0936; FRL-8110-9]

Notice of Filing of Pesticide Petitions for Establishment or Amendment to Regulations for Residues of Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
SUMMARY: This notice announces the initial filing of pesticide petitions proposing the establishment or amendment of regulations for residues of pesticide chemicals in or on various commodities.
DATES: Comments must be received on or before February 23, 2007.
ADDRESSES: *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 assigned docket ID number for the pesticide petition. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line athttp://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. 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 athttp://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: The person listed at the end of the pesticide petition summary of interest.
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 the docket ID number and other identifying information (subject heading,Federal Registerdate 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.

II. Docket ID Numbers

When submitting comments, please use the docket ID number assigned to the pesticide petition.

PP Number Docket ID Number PP 5E6903 EPA-HQ-OPP-2006-0481 PP 6F7061 EPA-HQ-OPP-2006-0993 III. What Action is the Agency Taking?

EPA is printing a summary of pesticide petitions received under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, proposing the establishment or amendment of regulations in 40 CFR part 180 for residues of pesticide chemicals in or on various food commodities. EPA has determined that these pesticide petitions contain data or information regarding the elements set forth 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 rules on these pesticide petitions.

Pursuant to 40 CFR 180.7(f), a summary of the petitions included in this notice, prepared by the petitioner along with a description of the analytical method available for the detection and measurement of the pesticide chemical residues is available on-line athttp://www.regulations.gov. To locate this information on the regulations.gov website follow these steps:

• Select “Advanced Search,” then “Docket Search.”

• In the “Docket ID” field, typethe docket ID number in the following form: “OPP-year-docket number” (example: OPP-2005-9999); do not include “EPA-HQ” in the docket ID number.

• Click the “Submit” button.

• Once the search locates the docket, click on the docket ID number to open the docket.

New Tolerance

1.PP 5E6903. (Docket ID number EPA-HQ-OPP-2006-0481). Valent U.S.A. Corporation, 1600 Riviera Avenue, Walnut Creek, CA 94596-8025, proposes to establish an import tolerance for residues of the fungicide fluopicolide in or on the food commodities grape, juice, and grape, wine at 2.0 parts per million (ppm), and the processed commodity grape, raisin at 9.0 ppm. In plant commodities, the analytical method included the combined residues of fluopicolide, 2,6-dichlorobenzamide and 3-chloro-5-trifluoromethylnicotinic acid, all calculated as fluopicolide. These residues were determined by liquid chromatography/mass spectrometry/mass spectrometry (LC/MS/MS). Extraction efficiency testing has shown that the residues of concern are extracted effectively by the method even after storage. Stability testing has shown the parent compound and the metabolites to be stable during storage for up to 24 months. Contact: Janet Whitehurst; telephone number: (703) 305-6129; e-mail address:whitehurst.janet@epa.gov.

2.PP 6F7061. (Docket ID number EPA-HQ-OPP-2006-0993). Dow AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN 46268, proposes to establish a tolerance for residues of the herbicide florasulam in or on the food commodities wheat, barley, oat, rye, triticale (grain) at 0.01 ppm and wheat, barley, oat, rye, triticale (forage, hay, and straw) at 0.05 ppm. Gas chromatography and mass selective detection (GC-MSD) is use to measure and evaluate the chemical residues. Contact: Hope Johnson, telephone number: (703) 305-5410; e-mail address:johnson.hope@epa.gov.

List of Subjects

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

Dated: January 10, 2007. Lois Rossi, Director, Registration Division, Office of Pesticide Programs.