Notice of Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 67512-67514 [E8-26969]

Download as PDF 67512 Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / Notices available in hard copy, at the Office of Pesticide Programs (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. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https://www.epa.gov/fedrgstr. jlentini on PROD1PC65 with NOTICES II. Background A. What Action is the Agency Taking? Under section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to ensure that they meet current scientific and regulatory standards. EPA has completed a RED for the pesticide, naphthalene under section 4(g)(2)(A) of FIFRA. Naphthalene is an insecticide used as a moth repellant for the protection of wool clothing and as an animal repellant against nuisance vertebrate pests. Naphthalene products are formulated as moth balls, flakes, dusts, and granules. All pesticidal uses of naphthalene are residential; no food or occupational uses are registered. EPA has determined that the database to support reregistration is substantially complete and that products containing naphthalene are eligible for reregistration, provided the risks are mitigated in the manner described in the RED. Upon submission of any required product specific data under section 4(g)(2)(B) of FIFRA and any necessary changes to the registration and labeling (either to address concerns identified in the RED or as a result of product specific data), EPA will make a final reregistration decision under section 4(g)(2)(C) of FIFRA for products containing naphthalene. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency’s Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the Federal Register on May 14, 2004, (69 FR 26819) (FRL–7357–9) explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. Due to its uses, risks, and other factors, naphthalene was reviewed through the modified 4– VerDate Aug<31>2005 16:29 Nov 13, 2008 Jkt 217001 Phase public participation process. Through this process, EPA worked extensively with stakeholders and the public to reach the regulatory decisions for naphthalene. The reregistration program is being conducted under congressionally mandated time frames, and EPA recognizes the need both to make timely decisions and to involve the public. Few comments were received during the earlier comment period for this pesticide, and all issues related to this pesticide were resolved through consultations with stakeholders. The Agency therefore is issuing the naphthalene RED without a comment period. B. What is the Agency’s Authority for Taking this Action? Section 4(g)(2) of FIFRA, as amended, directs that, after submission of all data concerning a pesticide active ingredient, ‘‘the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration,’’ before calling in product specific data on individual end-use products and either reregistering products or taking other ‘‘appropriate regulatory action.’’ List of Subjects Environmental protection, Pesticides and pests. Dated: November 5, 2008. Steven Bradbury, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E8–26966 Filed 11–13–08; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2008–0046; FRL–8388–3] Notice of Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: 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 December 15, 2008. ADDRESSES: Submit your comments, identified by docket identification (ID) PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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: https:// 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 https://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 https://www.regulations.gov. Although E:\FR\FM\14NON1.SGM 14NON1 Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / Notices 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 https:// 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: jlentini on PROD1PC65 with NOTICES 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 VerDate Aug<31>2005 16:29 Nov 13, 2008 Jkt 217001 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. PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 67513 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 either 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 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 https:// 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 Exemption from a Tolerance 1. PP 7E7231. (EPA–HQ–OPP–2008– 0763). Interregional Research Project Number 4 (IR–4), Rutgers University, 500 College Rd. East, Suite 201 W, Princeton, NJ 08540, for United States Department of Agriculture-Agricultural Research Service-Appalachian Fruit Research Station, 2217 Wiltshire Rd., Kearneysville, WV 25430, proposes to establish an exemption from the requirement of a tolerance for residues of the plant-incorporated protectant, coat protein of plum pox virus, in or on stone fruit and almond. Because EPA expects that no protein will be expressed, and that even if a protein is expressed it will not pose a human health concern, no analytical method is required. Contact: Denise Greenway, (703) 308–8263, greenway.denise@epa.gov. 2. PP 7F7269. (EPA–HQ–OPP–2008– 0760). Botry-Zen, Ltd., 21 Willis St., P.O. Box 5664, Dunedin, New Zealand, proposes to establish an exemption from the requirement of a tolerance for E:\FR\FM\14NON1.SGM 14NON1 67514 Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / Notices residues of the biofungicide, Ulocladium oudemansii (U3 Strain), when applied or used pre-harvest only, in or on all food commodities. Because this petition is a request for an exemption from the requirement of a tolerance without numerical limitations, no analytical method is required. Contact: Denise Greenway, (703) 308– 8263, greenway.denise@epa.gov. Amendment to an Existing Tolerance Exemption 3. PP 8F7368. (EPA–HQ–OPP–2008– 0762). Becker Underwood Inc., 801 Dayton Ave., P.O. Box 667, Ames, IA 50010, proposes to amend the tolerance exemption in 40 CFR 180.1128 for residues of the biofungicide, Bacillus subtilis MBI 600, applied or used in or on all food commodities, including post-harvest uses. Because this petition is a request for an exemption from the requirement of a tolerance without numerical limitations, no analytical method is required. Contact: Denise Greenway, (703) 308–8263, greenway.denise@epa.gov. List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: November 3, 2008. Janet L. Andersen, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. [FR Doc. E8–26969 Filed 11–13–08; 8:45 am] Billing Code 6560–50–S FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Extension Being Reviewed by the Federal Communications Commission, Comments Requested jlentini on PROD1PC65 with NOTICES November 7, 2008. SUMMARY: The Federal Communications Commission (Commission or FCC), as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection extension, as required by the Paperwork Reduction Act of 1995, Public Law 104– 13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information VerDate Aug<31>2005 16:29 Nov 13, 2008 Jkt 217001 subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information extension is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act (PRA) comments should be submitted on or before January 13, 2009. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts listed below as soon as possible. ADDRESSES: Submit your comments by e-mail to PRA@fcc.gov. Include in the email the OMB control number of the collection or, if there is no OMB control number, the Title shown in the SUPPLEMENTARY INFORMATION section below. If you are unable to submit your comments by e-mail contact the person listed below to make alternate arrangements. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) or to obtain a copy of the collection send an e-mail to PRA@fcc.gov and include the collection’s OMB control number as shown in the SUPPLEMENTARY INFORMATION section below (or the title of the collection if there is no OMB control number), or call Jerry Cowden at 202–418–0447. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0813. Title: Enhanced 911 Emergency Calling Services (47 CFR 20.18). Form No.: Not applicable. Type of Review: Extension of a previously approved collection. Respondents: Business or other forprofit; and state, local or tribal government. Number of Respondents and Responses: 47,031 respondents; 47,031 responses. Estimated Time per Response: 1–5 hours. Frequency of Response: On occasion and one-time reporting requirements, recordkeeping requirement and third party disclosure requirement. Obligation to Respond: Mandatory. PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 Total Annual Burden: 198,200 hours. Total Annual Cost: None. Privacy Act Impact Assessment: Not applicable. Needs and Uses: The notification requirement on Public Safety Answering Points (PSAPs) will be used by the carriers to verify that wireless E911 calls are referred to PSAPs who have the technical capability to use the data to the caller’s benefit. TTY and dispatch requirements will be used to avoid customer confusion as to the capabilities of their handsets in reaching help in emergency situations, thus minimizing the possibility of critical delays in response time. The annual TTY reports will be used to monitor the progress of TTY technology and thus capability. Consultations on the specific meaning assigned to pseudo-Automatic Location Identification (ALI) are appropriate to ensure that all parties are working with the same information. Coordination between carriers and state and local entities to determine the appropriate PSAPs to receive and respond to E911 calls is necessary because of the difficulty in assigning PSAPs based on the location of the wireless caller. The deployment schedule that must be submitted by carriers seeking a waiver of Phase I or Phase II deployment schedule will be used by the Commission to guarantee that the rules are enforced in as timely a manner as possible within technological constraints. In addition, a wireless carrier must implement E911 service within the six-month period following the date of the PSAP’s request. If the carrier challenges the validity of the request, the request will be deemed valid if the PSAP making the request provides the following information: A. Cost Recovery. The PSAP must demonstrate that a mechanism is in place by which the PSAP will recover its costs of the facilities and equipment necessary to receive and utilize the E911 data elements; B. Necessary Equipment. The PSAP must provide evidence that it has ordered the equipment necessary to receive and utilize the E911 data elements; and C. Necessary Facilities. The PSAP must demonstrate that it has made a timely request to the appropriate local exchange carrier for the necessary trunking and other facilities to enable E911 data to be transmitted to the PSAP. In the alternative, the PSAP may demonstrate that a funding mechanism is in place, that it is E911 capable using a Non-Call Associated Signaling technology, and that it has made a E:\FR\FM\14NON1.SGM 14NON1

Agencies

[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Notices]
[Pages 67512-67514]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26969]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0046; FRL-8388-3]


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 
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 December 15, 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: https://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 
https://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 https://www.regulations.gov. Although

[[Page 67513]]

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 https://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:

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 either 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 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 https://
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 Exemption from a Tolerance

    1. PP 7E7231. (EPA-HQ-OPP-2008-0763). Interregional Research 
Project Number 4 (IR-4), Rutgers University, 500 College Rd. East, 
Suite 201 W, Princeton, NJ 08540, for United States Department of 
Agriculture-Agricultural Research Service-Appalachian Fruit Research 
Station, 2217 Wiltshire Rd., Kearneysville, WV 25430, proposes to 
establish an exemption from the requirement of a tolerance for residues 
of the plant-incorporated protectant, coat protein of plum pox virus, 
in or on stone fruit and almond. Because EPA expects that no protein 
will be expressed, and that even if a protein is expressed it will not 
pose a human health concern, no analytical method is required. Contact: 
Denise Greenway, (703) 308-8263, greenway.denise@epa.gov.
    2. PP 7F7269. (EPA-HQ-OPP-2008-0760). Botry-Zen, Ltd., 21 Willis 
St., P.O. Box 5664, Dunedin, New Zealand, proposes to establish an 
exemption from the requirement of a tolerance for

[[Page 67514]]

residues of the biofungicide, Ulocladium oudemansii (U3 Strain), when 
applied or used pre-harvest only, in or on all food commodities. 
Because this petition is a request for an exemption from the 
requirement of a tolerance without numerical limitations, no analytical 
method is required. Contact: Denise Greenway, (703) 308-8263, 
greenway.denise@epa.gov.

Amendment to an Existing Tolerance Exemption

     3. PP 8F7368. (EPA-HQ-OPP-2008-0762). Becker Underwood Inc., 801 
Dayton Ave., P.O. Box 667, Ames, IA 50010, proposes to amend the 
tolerance exemption in 40 CFR 180.1128 for residues of the 
biofungicide, Bacillus subtilis MBI 600, applied or used in or on all 
food commodities, including post-harvest uses. Because this petition is 
a request for an exemption from the requirement of a tolerance without 
numerical limitations, no analytical method is required. Contact: 
Denise Greenway, (703) 308-8263, greenway.denise@epa.gov.

List of Subjects

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

    Dated: November 3, 2008.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.
[FR Doc. E8-26969 Filed 11-13-08; 8:45 am]
Billing Code 6560-50-S
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