Notice of Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 73648-73652 [E8-28668]

Download as PDF 73648 Federal Register / Vol. 73, No. 233 / Wednesday, December 3, 2008 / Notices 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 January 2, 2009. 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:// TABLE—CAS REGISTRY NO. OF ALKYL www.regulations.gov. Follow the on-line AMINE POLYETHOXYLATE/POLYPRO- instructions for submitting comments. • Mail: Office of Pesticide Programs PROXYLATES AAP (POE/POP) (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Chemical Abstract NomenCAS RN clature Pennsylvania Ave., NW., Washington, DC 20460–0001. CAS RN Chemical Abstract Nomen• Delivery: OPP Regulatory Public clature Docket (7502P), Environmental Protection Agency, Rm. S–4400, One 68153-97-9 Amines, soya alkyl, Potomac Yard (South Bldg.), 2777 S. ethoxylated propoxylated Crystal Dr., Arlington, VA. Deliveries 68213-26-3 Amines, tallow alkyl, are only accepted during the Docket ethoxylated propoxylated Facility’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through 75601-76-2 Amines, hydrogenated tallow Friday, excluding legal holidays). alkyl, ethoxylated Special arrangements should be made propoxylated for deliveries of boxed information. The Docket Facility telephone number is Because this petition is a request for an exemption from the requirement of a (703) 305–5805. Instructions: Direct your comments to tolerance, no analytical method is the docket ID number and the pesticide required. Contact: Karen Samek, 703petition number of interest as shown in 347-8825, samek.karen@epa.gov. the body of this document. EPA’s policy is that all comments received will be List of Subjects included in the docket without change Environmental protection, and may be made available on-line at Agricultural commodities, Feed https://www.regulations.gov, including additives, Food additives, Pesticides and pests, Reporting and recordkeeping any personal information provided, unless the comment includes requirements. information claimed to be Confidential Business Information (CBI) or other Dated: November 25, 2008. information whose disclosure is Lois Rossi, restricted by statute. Do not submit Director, Registration Division, Office of information that you consider to be CBI Pesticide Programs. or otherwise protected through [FR Doc. E8–28667 Filed 12–2–08; 8:45 am] regulations.gov or e-mail. The BILLING CODE 6560–50–S regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity ENVIRONMENTAL PROTECTION or contact information unless you AGENCY provide it in the body of your comment. [EPA–HQ–OPP–2008–0046; FRL–8391–3] If you send an e-mail comment directly to EPA without going through Notice of Receipt of Several Pesticide regulations.gov, your e-mail address Petitions Filed for Residues of will be automatically captured and Pesticide Chemicals in or on Various included as part of the comment that is Commodities placed in the docket and made available on the Internet. If you submit an AGENCY: Environmental Protection electronic comment, EPA recommends Agency (EPA). that you include your name and other ACTION: Notice. contact information in the body of your comment and with any disk or CD-ROM SUMMARY: This notice announces the Agency’s receipt of several initial filings you submit. If EPA cannot read your comment due to technical difficulties jlentini on PROD1PC65 with NOTICES Section 180.920: N,N-Bis-[[alpha]ethyl/methylethyl-[omega]hydroxypoly(oxy-1,2-ethanediyl/ oxy(methyl-1,2-ethanediyl))] C8-C18 saturated and unsaturated alkylamines; the poly(oxy-1,2-ethanediyl/oxy(methyl1,2-ethanediyl)) content is 2-60 moles. Concentration in formulated pesticide end-use products not to exceed 25% by weight in herbicide products and 10% by weight in all other pesticide products. VerDate Aug<31>2005 17:32 Dec 02, 2008 Jkt 217001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 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. 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. FOR FURTHER INFORMATION CONTACT: 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 E:\FR\FM\03DEN1.SGM 03DEN1 Federal Register / Vol. 73, No. 233 / Wednesday, December 3, 2008 / Notices jlentini on PROD1PC65 with NOTICES 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 VerDate Aug<31>2005 13:59 Dec 02, 2008 Jkt 217001 73649 Indaceno[3,2-d]oxacyclododecin-7,15dione; and Spinosyn D (Factor D; CAS No. 131929–63–0) or 2-[(6-deoxy-2,3,4tri-O-methyl-a-L-mannopyranosyl)oxy]-13-[[5-(dimethyl-amino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]9-ethyl2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16btetradecahydro-4,14-methyl-1H-asIndaceno[3,2-d]oxacyclododecin-7,15II. What Action is the Agency Taking? dione in or on pomegranate at 0.3 parts EPA is announcing its receipt of per million (ppm) and date at 0.1 ppm. several pesticide petitions filed under EPA has determined adequate analytical section 408 of the Federal Food, Drug, methods are available for enforcement and Cosmetic Act (FFDCA), 21 U.S.C. purposes for spinosad in plant and 346a, proposing the establishment or animal matrices. Methods include an modification of regulations in 40 CFR immunoassay particle-based method part 180 for residues of pesticide 97.05 and a high performance liquid chemicals in or on various food chromatography/ultraviolet (HPLC/UV) commodities. EPA has determined that method GRM 03.15 and a suite of the pesticide petitions described in this specific crop methods: GRM 94.02 document contain the data or (cottonseed and related commodities), information prescribed in FFDCA GRM 95.17 (leafy vegetables), GRM section 408(d)(2); however, EPA has not 96.09 (citrus), GRM 96.14 (tree nuts), fully evaluated the sufficiency of the GRM 95.04 (fruiting vegetables), GRM submitted data at this time or whether 94.02.S1 (cotton gin byproducts). GRM the data support granting of the 94.02 has a successful independent lab pesticide petitions. Additional data may validation and was submitted for be needed before EPA can make a final inclusion in the Pesticide Analytical determination on these pesticide Manual II (PAM II) as Method I. EPA petitions. recently concluded that for water, Pursuant to 40 CFR 180.7(f), a residues should be estimated using total summary of each of the petitions that spinosad residue method (EPA, DP # are the subject of this notice, prepared 316077, August 2, 2006). The Agency by the petitioner, is included in a docket has concluded that spinosad are EPA has created for each rulemaking. considered toxicologically identical to The docket for each of the petitions is another pesticide, spinetoram. This available on-line at https:// conclusion is based on the following: www.regulations.gov. i. Spinetoram and spinosad are large As specified in FFDCA section molecules with nearly identical 408(d)(3), (21 U.S.C. 346a(d)(3)), EPA is structures; and publishing notice of the petition so that ii. The toxicological profiles for each the public has an opportunity to are similar (generalized systemic comment on this request for the toxicity) with similar doses and establishment or modification of endpoints chosen for human-health risk regulations for residues of pesticides in assessment. Spinosad and spinetoram should be considered toxicologically or on food commodities. Further identical in the same manner that information on the petition may be metabolites are generally considered obtained through the petition summary toxicologically identical to the parent. referenced in this unit. Contact: Laura Nollen, (703) 305–7390, New Tolerances nollen.laura@epa.gov. 1. PP 8E7445. (EPA–HQ–OPP–2008– 2. PP 8E7450. (EPA–HQ–OPP–2008– 0810). Interregional Research Project 0805). Interregional Research Project No. 4 (IR-4), 500 College Road East, No. 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, NJ 08540, Suite 201 W, Princeton, NJ 08540, proposes to establish a tolerance for proposes to establish a tolerance for residues of the insecticide spinosad, a residues of the insecticide spinetoram, fermentation product of expressed as a combination of XDE-175J: 1-H-as-indaceno[3,2Saccharopolyspora spinosa which d]oxacyclododecin-7,15-dione, 2-[(6consists of two related active ingredients: Spinosyn A (Factor A: CAS deoxy-3-O-ethyl-2,4-di-O-methyl-a-Lmannopyranosyl)oxy]-13-[[(2R,5S,6R)-5No. 131929–60–7) or 2-[(6-deoxy-2,3,4(dimethylamino)tetrahydro-6-methyltri-O-methyl-a-L-mannopyranosyl)oxy]-13-[[5-(dimethylamino)- 2H-pyran-2-yl]oxy]-9-ethyltetrahydro-6-methyl-2H-pyran-2-yl]oxy]- 2,3,3a,4,5,5a,5b,6,9,10,11,12, 13,14,16a,16b-hexadecahydro1 149-ethyl2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b- methyl-(2R,3aR,5aR,5bS,9S,13S,14R, 16aS,16bR);X XDE-175-L: 1H-astetradecahydro-14-methyl-1H-asany 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 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\03DEN1.SGM 03DEN1 jlentini on PROD1PC65 with NOTICES 73650 Federal Register / Vol. 73, No. 233 / Wednesday, December 3, 2008 / Notices indaceno[3,2-d]oxacyclododecin-7,15dione, 2-[(6-deoxy-3-O-ethyl-2,4-di-Omethyl-a-L-mannopyranosyl)oxy]-13[[(2R,5S,6R)-5-(dimethylamino) tetrahydro-6-methyl-2H-pyran-2-yl]oxy]9-ethyl-2,3,3a,5a, 5b,6,9,10,11,12,13,14,16a,16btetradecahydro-4,14-dimethyl-, (2S,3aR,5aS,5bS,9S,13S,14R, 16aS,16bS); ND-J:(2R,3aR,5aR,5bS, 9S,13S,14R,16aS,16bR)-9-ethyl-14methyl-13-[[(2S,5S,6R)-6-methyl-5(methylamino)tetrahydro-2H-pyran-2yl]oxy]-7,15-dioxo-2,3,3a,4,5,5a,5b, 6,7,9,10,11,12,13,14,15,16a,16boctadecahydro-1H-as-indaceno[3,2d]oxacyclododecin-2-yl 6-deoxy-3-Oethyl-2,4-di-O-methyl-alpha-Lmannopyranoside; and NF-J: (2R,3S,6S)6-([(2R,3aR,5aR,5bS,9S,13S,14R,16aS, 16bR)-2-[(6-deoxy-3-O-ethyl-2,4-di-Omethyl-alpha-L-mannopyranosyl) oxy]9-ethyl-14-methyl-7,15-dioxo2,3,3a,4,5,5a,5b,6,7,9,10,11,12,13,14,15, 16a,16b-octadecahydro-1H-asindaceno[3,2-d]oxacyclododecin-13yl]oxy)-2-methyltetrahydro-2H-pyran-3yl(methyl)formamide in or on pineapple at 0.02 ppm; pomegranate at 0.3 ppm; date at 0.1 ppm; spice, subgroup 19B, except black pepper at 1.7 ppm; hop, dry cones at 22 ppm; and pineapple, process residue at 0.08 ppm. Per the Federal Register of October 10, 2007 (72 FR 57492) (FRL–8149–9) supported by DP # 325387, August 9, 2008, EPA has determined adequate analytical methods are available for enforcement purposes for spinetoram in plant and animal matrices. The methods were noted as efficient and well-documented. The independent laboratory validation data were acceptable. Spinetoram and its metabolites are determined using liquid chromatography with positive-ion atmospheric pressure chemical ionization tandem mass spectrometry (LC/MS/MS). The limit of detection (LOD) and limit of quantitation (LOQ) in crop and animal matrices are typically 0.003 g/g and 0.01 g/g, respectively. Contact: Laura Nollen, (703) 305–7390, nollen.laura@epa.gov. 3. PP 8F7456. (EPA–HQ–OPP–2008– 0811). Syngenta Crop Protection, Inc., P.O. Box 18300, Greensboro, NC 27419, proposes to establish a tolerance for residues of the herbicide mesotrione, in or on soybeans at 0.01 ppm. Practical and specific analytical method RAM 366/01 is available for detecting and measuring the level of mesotrione in or on various crop commodities. Contact: James M. Stone, (703) 305–7391, stone.james@epa.gov. Amendment to Existing Tolerances 1. PP 8E7445. (EPA–HQ–OPP–2008– 0810). Interregional Research Project VerDate Aug<31>2005 13:59 Dec 02, 2008 Jkt 217001 No. 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, NJ 08540, proposes to amend the tolerances in 40 CFR 180.495 (a) to increase the levels of existing tolerances for residues of the insecticide spinosad, a fermentation product of Saccharopolyspora spinosa which consists of two related active ingredients: Spinosyn A (Factor A: CAS No. 131929–60–7) or 2-[(6-deoxy-2,3,4tri-O-methyl-a-L-mannopyranosyl)oxy]-13-[[5-(dimethylamino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]9-ethyl2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16btetradecahydro-14-methyl-1H-asIndaceno[3,2-d]oxacyclododecin-7,15dione; and Spinosyn D (Factor D; CAS No. 131929–63–0) or 2-[(6-deoxy-2,3,4tri-O-methyl-a-L-mannopyranosyl)oxy]-13-[[5-(dimethyl-amino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]9-ethyl2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16btetradecahydro-4,14-methyl-1H-asIndaceno[3,2-d]oxacyclododecin-7,15dione in or on nut, tree, group 14 and pistachio from 0.02 to 0.08 ppm; and almond, hulls from 2.0 ppm to 9.0 ppm. A reduction to a 1–day pre-harvest interval (PHI) is supported with new MOR data for the increased tolerances in tree nuts. EPA has determined adequate analytical methods are available for enforcement purposes for spinosad in plant and animal matrices. Methods include an immunoassay particle-based method 97.05 and a high performance liquid chromatography/ ultraviolet (HPLC/UV) method GRM 03.15 and a suite of specific crop methods: GRM 94.02 (cottonseed and related commodities), GRM 95.17 (leafy vegetables), GRM 96.09 (citrus), GRM 96.14 (tree nuts), GRM 95.04 (fruiting vegetables), GRM 94.02.S1 (cotton gin byproducts). GRM 94.02 has a successful independent lab validation and was submitted for inclusion in the Pesticide Analytical Manual II (PAM II) as Method I. EPA recently concluded that for water, residues should be estimated using total spinosad residue method. The Agency has concluded that spinosad are considered toxicologically identical to another pesticide, spinetoram. This conclusion is based on the following: i. Spinetoram and spinosad are large molecules with nearly identical structures; and ii. The toxicological profiles for each are similar (generalized systemic toxicity) with similar doses and endpoints chosen for human-health risk assessment. Spinosad and spinetoram should be considered toxicologically identical in the same manner that metabolites are generally considered PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 toxicologically identical to the parent. Contact: Laura Nollen, (703) 305–7390, nollen.laura@epa.gov. 2. PP 8E7450. (EPA–HQ–OPP–2008– 0805). Interregional Research Project No. 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, NJ 08540, proposes to amend the tolerances in 40 CFR 180.635 to increase the levels of existing tolerances for residues of the insecticide spinetoram, expressed as a combination of XDE-175-J: 1-H-asindaceno[3,2-d]oxacyclododecin-7,15dione, 2-[(6-deoxy-3-O-ethyl-2,4-di-Omethyl-a-L-mannopyranosyl)oxy]-13[[(2R,5S,6R)-5(dimethylamino)tetrahydro-6-methyl2H-pyran-2-yl]oxy]-9-ethyl-2,3,3a, 4,5,5a,5b, 6,9,10,11,12,13,14,16a,16bhexadecahydro 14-methyl(2R,3aR,5aR,5bS,9S,13S,14R, 16aS,16bR); XDE-175-L: 1H-as-indaceno [3,2-d]oxacyclododecin-7,15-dione, 2[(6-deoxy-3-O-ethyl-2,4-di-O-methyl-aL-mannopyranosyl)oxy]-13-[[(2R,5S,6R)5-(dimethylamino)tetrahydro-6-methyl2H-pyran-2-yl]oxy]-9-ethyl2,3,3a,5a,5b,6,9, 10,11,12,13,14,16a,16btetradecahydro-4,14-dimethyl-, (2S,3aR,5aS,5bS,9S,13S,14R, 16aS,16bS); NDJ: (2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR) -9-ethyl-14-methyl-13-[[(2S,5S,6R)-6methyl-5-(methylamino)tetrahydro-2Hpyran-2-yl]oxy]-7,15-dioxo2,3,3a,4,5,5a,5b,6,7,9,10,11,12,13,14,15, 16a,16b-octadecahydro-1H-asindaceno[3,2-d]oxacyclododecin-2-yl 6deoxy-3-O-ethyl-2,4-di-O-methyl-alphaL-mannopyranoside; and NF-J: (2R,3S,6S)-6([(2R,3aR,5aR,5bS,9S,13S,14R,16aS, 16bR)-2-[(6-deoxy-3-O-ethyl-2,4-di-Omethyl-alpha-L-mannopyranosyl) oxy]9-ethyl-14-methyl-7,15-dioxo2,3,3a,4,5,5a,5b,6, 7,9,10,11,12,13,14,15,16a,16boctadecahydro-1H-as-indaceno[3,2d]oxacyclododecin-13-yl]oxy)-2methyltetrahydro-2H-pyran-3yl(methyl)formamide in or on nut, tree, group 14 and pistachio from 0.04 to 0.08 ppm; and almond, hulls from 2.0 ppm to 9.0 ppm. A reduction to a 1–day preharvest interval (PHI) is supported with new MOR data for the increased tolerances in tree nuts. EPA has determined adequate analytical methods are available for enforcement purposes for spinosad in plant and animal matrices. Methods include an immunoassay particle-based method 97.05 and a high performance liquid chromatography/ultraviolet (HPLC/UV) method GRM 03.15 and a suite of specific crop methods: GRM 94.02 (cottonseed and related commodities), E:\FR\FM\03DEN1.SGM 03DEN1 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 73, No. 233 / Wednesday, December 3, 2008 / Notices GRM 95.17 (leafy vegetables), GRM 96.09 (citrus), GRM 96.14 (tree nuts), GRM 95.04 (fruiting vegetables), GRM 94.02.S1 (cotton gin byproducts). GRM 94.02 has a successful independent lab validation and was submitted for inclusion in the Pesticide Analytical Manual II (PAM II) as Method I. EPA recently concluded that for water, residues should be estimated using total spinosad residue method (EPA, DP # 316077, August 2, 2006). The Agency has concluded that spinosad are considered toxicologically identical to another pesticide, spinetoram. This conclusion is based on the following: i. Spinetoram and spinosad are large molecules with nearly identical structures; and ii. The toxicological profiles for each are similar (generalized systemic toxicity) with similar doses and endpoints chosen for human-health risk assessment. Spinosad and spinetoram should be considered toxicologically identical in the same manner that metabolites are generally considered toxicologically identical to the parent. Contact: Laura Nollen, (703) 305–7390, nollen.laura@epa.gov. 3. PP 8F7454. (EPA–HQ–OPP–2008– 0806). Y-TEX Corporation, 1825 Big Horn Avenue, P.O. Box 1450, Cody, WY 82414, proposes to amend the tolerances in 40 CFR 180.449 by increasing the combined residues of the insecticide avermectin B1 (a mixture of avermectins containing greater than or equal to 80% avermectin B1a(5-O-demethyl avermectin A1) and less than or equal to 20% avermectin B1b(5-O-demethyl-25de(1-methylpropyl)-25-(1-methylethyl) avermectin A1)) and its delta-8,9-isomer in or on cattle, fat from 0.015 ppm to 0.03 ppm and cattle, meat byproducts from 0.02 ppm to 0.06 ppm. Avermectin B1 is referred to as simply abamectin throughout this document. The analytical method is titled ‘‘Determination of Macrocyclic Lactone Residues in Bovine and Ovine Tissues,’’ referenced as Method No. AATM-R-53. The method involves maceration of the tissue sample with acetonitrile, homogenization, filtration, partition, extraction and cleanup with analysis by high performance liquid chromatography (HPLC) - fluorescence detection. The method is sufficiently sensitive to detect residues at a limit of detection of 0.002 ppm and a limit of quantification of 0.005 ppm. Both levels are below the tolerances proposed. The method has undergone independent laboratory validation as required by PR Notice 96-1. Contact: Thomas Harris, (703) 308–9423, harris.thomas@epa.gov. 4. PP 8F7452. (EPA–HQ–OPP–2008– 0813). Bayer CropScience, 2 T.W. VerDate Aug<31>2005 13:59 Dec 02, 2008 Jkt 217001 Alexander Drive, Research Triangle Park, NC 27709, proposes to reduce the tolerance for residues of the herbicide tembotrione, 2-[2-chloro-4methylsulfonyl)-3-[(2,2,2trifluoroethoxy)methyl]benzoyl]-1,3cyclohexanedione, and its metabolite (M5), 2-[2-chloro-4-(methylsulfonyl)-3[(2,2,2-trifluoroethoxy)methyl]benzoyl]4,6-dihydroxy-1,3-cyclohexanedione in or on corn, sweet, forage at 0.09 ppm; corn, sweet, kernel plus cob with husks removed at 0.01 ppm; corn, sweet, stover at 0.15 ppm. Independently validated, analytical methods for plants, plant products and animal matrices, suitable for enforcement purposes, have been submitted for measuring tembotrione and all significant metabolites. Typically, residues are extracted from plant or animal using accelerated solvent extraction. Following concentration, quantitation is by liquid chromatography/mass spectrometry/mass spectrometry (LC/ MS/MS) using deuterated internal standards. AE 1392936 requires additional clean-up by anion exchange, solid phase extraction prior to quantitation. Determination of AE 1417268 in ruminant samples requires a hexane wash prior to quantitation. Contact: Michael Walsh, (703) 308– 2972, walsh.michael@epa.gov. New Exemptions from an Inert Tolerance 1. PP 8E7362. (EPA–HQ–OPP–2008– 0601). Ag-Chem Consulting, 12208 Quinque Lane, Clifton, VA 21024 on behalf of Caltex Inc., 2 Market Street, Sydney Australia, proposes to establish an exemption from the requirement of a tolerance in 40 CFR 180.920 for residues of the ultraviolet (UV) stabilizer Phenol, 2-(2H-benzotriazol-2-yl)-6-dodecyl-4methyl (CAS No. 23328–53–2) when used as a pesticide inert ingredient in pesticide spray oil formulations at a maximum concentration of 0.6% in or on Adzuki beans, canola, chickpeas, cotton, faba beans, field peas, lentils, linola, linseed, lucerne, lupins, mungbeans, navy beans, pigeon peas, safflower, sunflower, and vetch. 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. 2. PP 8E7363. (EPA–HQ–OPP–2008– 0602). Ag-Chem Consulting, 12208 Quinque Lane, Clifton, VA 21024 on behalf of Caltex Inc., 2 Market Street, Sydney Australia, proposes to establish an exemption from the requirement of a tolerance in 40 CFR 180.920 for residues of the ultraviolet (UV) stabilizer 2-(2’hydroxy-3’,5’-di-t-amylphenyl)- PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 73651 benzotriazole (CAS No. 25973–55–1) when used as a pesticide inert ingredient in pesticide spray oil formulations at a maximum concentration of 0.6% in or on Adzuki beans, canola, chickpeas, cotton, faba beans, field peas, lentils, linola, linseed, lucerne, lupins, mungbeans, navy beans, pigeon peas, safflower, sunflower, and vetch. 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. 3. PP 8E7387. (EPA–HQ–OPP–2008– 0671). Loveland Products, Inc., P.O. Box 1286, Greeley, CO 80632–1286, proposes to establish an exemption from the requirement of a tolerance in 40 CFR 180.920 for residues of the choline chloride (CAS No. 67–48–1) when used as a pesticide inert ingredient as a solvent 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. 4. PP 8E7421. (EPA–HQ–OPP–2008– 0794). Akzo Nobel Surface Chemistry, LLC, 525 West Van Buren Street, Chicago, IL 60607–3823, proposes to establish an exemption from the requirement of a tolerance in 40 CFR 180.960 for residues of formaldehyde, polymer with 2-methyloxirane and 4nonylphenol (CAS No. 37523–33–4) when used as a pesticide inert ingredient in pesticide formulations. Akzo Nobel submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA) requesting an exemption from the requirements of a tolerance. This petition requests the elimination of the need to establish a maximum permissible level for residues of formaldehyde, polymer with 2methyloxirane and 4-nonylphenol in or on all raw agricultural commodities. Because this petition is a request for an exemption from the requirement of a tolerance, no analytical method is required. Contact: Alganesh Debesai, (703) 308–8353, debesai.alganesh@epa.gov. List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. E:\FR\FM\03DEN1.SGM 03DEN1 73652 Federal Register / Vol. 73, No. 233 / Wednesday, December 3, 2008 / Notices Dated: November 25, 2008. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. [FR Doc. E8–28668 Filed 12–2–08; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2008–0102; FRL–8392–5] Exposure Modeling Public Meeting; Notice of Public Meeting Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: An Exposure Modeling Public Meeting (EMPM) will be held for one day on December 9, 2008. This notice announces the location and time for the meeting and sets forth the tentative agenda topics. DATES: The meeting will be held on December 9, 2008 from 9:00 am to 4:00 pm. To request accommodation of a disability, please contact the person listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. ADDRESSES: The meeting will be held at Environmental Protection Agency, Office of Pesticide Programs (OPP), One Potomac Yard (South Building), 1st Floor South Conference Room, 2777 S. Crystal Drive, Arlington, VA 22202. FOR FURTHER INFORMATION CONTACT: Stephen Wente, Environmental Fate and Effects Division (7507P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (703) 305– 0001; fax number: (703) 305–6309; email address: wente.stephen@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: 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 required to conduct testing of chemical substances under the Toxic Substances Control Act (TSCA), the Federal Food, Drug and Cosmetic Act (FFDCA), or the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have nay questions regarding the applicability of this action to a particular entity, consult the person VerDate Aug<31>2005 13:59 Dec 02, 2008 Jkt 217001 listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established a docket for this action under docket ID number EPA–HQ–OPP–2008–0102. 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 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. II. Background On a triannual interval, an Exposure Modeling Public Meeting will be held for presentation and discussion of current issues in modeling pesticide fate, transport, and exposure in support of risk assessment in a regulatory context. Meeting dates and abstract requests are announced through the ‘‘empmlist’’ forum on the LYRIS list server at https://lists.epa.gov/read/ all_forums/. III. How Can I Request to Participate in this Meeting? You may submit a request to participate in this meeting to the person listed under FOR FURTHER INFORMATION CONTACT. Do not submit any information in your request that is considered CBI. Requests to participate in the meeting, identified by docket ID number EPA– HQ–OPP–2008–0102, must be received on or before December 18, 2008. IV. Tentative Topics for the Meeting General Theme: Riparian Zone Modeling and Best Management Practices Specific Topics: Riparian Ecosystem Management Model (REMM) Comparative Modeling of Soil and Water Assessment Tool (SWAT) and REMM REMM and Turf Modeling Agricultural Policy EXtender (APEX) Model Best Management Practices (BMP) Assessment Tools PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 List of Subjects Environmental protection, Modeling, Model, Best Management Practices, Ecosystem, Pesticides. Dated: November 11, 2008. Donald J. Brady, Director, Environmental Fate and Effects Division, Office of Pesticide Programs. [FR Doc. E8–28665 Filed 12–2–08; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2008–0743; FRL–8385–9] Pesticide Products; Registration Applications Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: This notice announces receipt of applications to register pesticide products containing new active ingredients not included in any currently registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. DATES: Comments must be received on or before February 2, 2009. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2008–0743, 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 docket ID number EPA–HQ–OPP–2008– 0743. 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 E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 73, Number 233 (Wednesday, December 3, 2008)]
[Notices]
[Pages 73648-73652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28668]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0046; FRL-8391-3]


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 January 2, 2009.

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 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: 
Registration 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

[[Page 73649]]

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 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 Tolerances

    1. PP 8E7445. (EPA-HQ-OPP-2008-0810). Interregional Research 
Project No. 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, NJ 
08540, proposes to establish a tolerance for residues of the 
insecticide spinosad, a fermentation product of Saccharopolyspora 
spinosa which consists of two related active ingredients: Spinosyn A 
(Factor A: CAS No. 131929-60-7) or 2-[(6-deoxy-2,3,4-tri-O-methyl-
[alpha]-L-manno-pyranosyl)oxy]-13-[[5-(dimethylamino)-tetrahydro-6-
methyl-2H-pyran-2-yl]oxy]-9-ethyl-
2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-14-methyl-1H-as-
Indaceno[3,2-d]oxacyclododecin-7,15-dione; and Spinosyn D (Factor D; 
CAS No. 131929-63-0) or 2-[(6-deoxy-2,3,4-tri-O-methyl-[alpha]-L-manno-
pyranosyl)oxy]-13-[[5-(dimethyl-amino)-tetrahydro-6-methyl-2H-pyran-2-
yl]oxy]-9-ethyl-2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-
4,14-methyl-1H-as-Indaceno[3,2-d]oxacyclododecin-7,15-dione in or on 
pomegranate at 0.3 parts per million (ppm) and date at 0.1 ppm. EPA has 
determined adequate analytical methods are available for enforcement 
purposes for spinosad in plant and animal matrices. Methods include an 
immunoassay particle-based method 97.05 and a high performance liquid 
chromatography/ultraviolet (HPLC/UV) method GRM 03.15 and a suite of 
specific crop methods: GRM 94.02 (cottonseed and related commodities), 
GRM 95.17 (leafy vegetables), GRM 96.09 (citrus), GRM 96.14 (tree 
nuts), GRM 95.04 (fruiting vegetables), GRM 94.02.S1 (cotton gin 
byproducts). GRM 94.02 has a successful independent lab validation and 
was submitted for inclusion in the Pesticide Analytical Manual II (PAM 
II) as Method I. EPA recently concluded that for water, residues should 
be estimated using total spinosad residue method (EPA, DP  
316077, August 2, 2006). The Agency has concluded that spinosad are 
considered toxicologically identical to another pesticide, spinetoram. 
This conclusion is based on the following:
    i. Spinetoram and spinosad are large molecules with nearly 
identical structures; and
    ii. The toxicological profiles for each are similar (generalized 
systemic toxicity) with similar doses and endpoints chosen for human-
health risk assessment. Spinosad and spinetoram should be considered 
toxicologically identical in the same manner that metabolites are 
generally considered toxicologically identical to the parent. Contact: 
Laura Nollen, (703) 305-7390, nollen.laura@epa.gov.
    2. PP 8E7450. (EPA-HQ-OPP-2008-0805). Interregional Research 
Project No. 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, NJ 
08540, proposes to establish a tolerance for residues of the 
insecticide spinetoram, expressed as a combination of XDE-175-J: 1-H-
as-indaceno[3,2-d]oxacyclododecin-7,15-dione, 2-[(6-deoxy-3-O-ethyl-
2,4-di-O-methyl-a-L-mannopyranosyl)oxy]-13-[[(2R,5S,6R)-5-
(dimethylamino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl-
2,3,3a,4,5,5a,5b,6,9,10,11,12,13,14,16a,16b-hexadecahydro 14-methyl-
(2R,3aR,5aR,5bS,9S,13S,14R, 16aS,16bR); XDE-175-L: 1H-as-

[[Page 73650]]

indaceno[3,2-d]oxacyclododecin-7,15-dione, 2-[(6-deoxy-3-O-ethyl-2,4-
di-O-methyl-a-L-mannopyranosyl)oxy]-13-[[(2R,5S,6R)-5-
(dimethylamino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl-
2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-4,14-dimethyl-, 
(2S,3aR,5aS,5bS,9S,13S,14R, 16aS,16bS); ND-
J:(2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR)-9-ethyl-14-methyl-13-
[[(2S,5S,6R)-6-methyl-5-(methylamino)tetrahydro-2H-pyran-2-yl]oxy]-
7,15-dioxo-2,3,3a,4,5,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-
octadecahydro-1H-as-indaceno[3,2-d]oxacyclododecin-2-yl 6-deoxy-3-O-
ethyl-2,4-di-O-methyl-alpha-L-mannopyranoside; and NF-J: (2R,3S,6S)-6-
([(2R,3aR,5aR,5bS,9S,13S,14R,16aS, 16bR)-2-[(6-deoxy-3-O-ethyl-2,4-di-
O-methyl-alpha-L-mannopyranosyl) oxy]-9-ethyl-14-methyl-7,15-dioxo-
2,3,3a,4,5,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-octadecahydro-1H-as-
indaceno[3,2-d]oxacyclododecin-13-yl]oxy)-2-methyltetrahydro-2H-pyran-
3-yl(methyl)formamide in or on pineapple at 0.02 ppm; pomegranate at 
0.3 ppm; date at 0.1 ppm; spice, subgroup 19B, except black pepper at 
1.7 ppm; hop, dry cones at 22 ppm; and pineapple, process residue at 
0.08 ppm. Per the Federal Register of October 10, 2007 (72 FR 57492) 
(FRL-8149-9) supported by DP  325387, August 9, 2008, EPA has 
determined adequate analytical methods are available for enforcement 
purposes for spinetoram in plant and animal matrices. The methods were 
noted as efficient and well-documented. The independent laboratory 
validation data were acceptable. Spinetoram and its metabolites are 
determined using liquid chromatography with positive-ion atmospheric 
pressure chemical ionization tandem mass spectrometry (LC/MS/MS). The 
limit of detection (LOD) and limit of quantitation (LOQ) in crop and 
animal matrices are typically 0.003 g/g and 0.01 g/g, respectively. 
Contact: Laura Nollen, (703) 305-7390, nollen.laura@epa.gov.
    3. PP 8F7456. (EPA-HQ-OPP-2008-0811). Syngenta Crop Protection, 
Inc., P.O. Box 18300, Greensboro, NC 27419, proposes to establish a 
tolerance for residues of the herbicide mesotrione, in or on soybeans 
at 0.01 ppm. Practical and specific analytical method RAM 366/01 is 
available for detecting and measuring the level of mesotrione in or on 
various crop commodities. Contact: James M. Stone, (703) 305-7391, 
stone.james@epa.gov.

Amendment to Existing Tolerances

    1. PP 8E7445. (EPA-HQ-OPP-2008-0810). Interregional Research 
Project No. 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, NJ 
08540, proposes to amend the tolerances in 40 CFR 180.495 (a) to 
increase the levels of existing tolerances for residues of the 
insecticide spinosad, a fermentation product of Saccharopolyspora 
spinosa which consists of two related active ingredients: Spinosyn A 
(Factor A: CAS No. 131929-60-7) or 2-[(6-deoxy-2,3,4-tri-O-methyl-
[alpha]-L-manno-pyranosyl)oxy]-13-[[5-(dimethylamino)-tetrahydro-6-
methyl-2H-pyran-2-yl]oxy]-9-ethyl-
2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-14-methyl-1H-as-
Indaceno[3,2-d]oxacyclododecin-7,15-dione; and Spinosyn D (Factor D; 
CAS No. 131929-63-0) or 2-[(6-deoxy-2,3,4-tri-O-methyl-[alpha]-L-manno-
pyranosyl)oxy]-13-[[5-(dimethyl-amino)-tetrahydro-6-methyl-2H-pyran-2-
yl]oxy]-9-ethyl-2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-
4,14-methyl-1H-as-Indaceno[3,2-d]oxacyclododecin-7,15-dione in or on 
nut, tree, group 14 and pistachio from 0.02 to 0.08 ppm; and almond, 
hulls from 2.0 ppm to 9.0 ppm. A reduction to a 1-day pre-harvest 
interval (PHI) is supported with new MOR data for the increased 
tolerances in tree nuts. EPA has determined adequate analytical methods 
are available for enforcement purposes for spinosad in plant and animal 
matrices. Methods include an immunoassay particle-based method 97.05 
and a high performance liquid chromatography/ultraviolet (HPLC/UV) 
method GRM 03.15 and a suite of specific crop methods: GRM 94.02 
(cottonseed and related commodities), GRM 95.17 (leafy vegetables), GRM 
96.09 (citrus), GRM 96.14 (tree nuts), GRM 95.04 (fruiting vegetables), 
GRM 94.02.S1 (cotton gin byproducts). GRM 94.02 has a successful 
independent lab validation and was submitted for inclusion in the 
Pesticide Analytical Manual II (PAM II) as Method I. EPA recently 
concluded that for water, residues should be estimated using total 
spinosad residue method. The Agency has concluded that spinosad are 
considered toxicologically identical to another pesticide, spinetoram. 
This conclusion is based on the following:
    i. Spinetoram and spinosad are large molecules with nearly 
identical structures; and
    ii. The toxicological profiles for each are similar (generalized 
systemic toxicity) with similar doses and endpoints chosen for human-
health risk assessment. Spinosad and spinetoram should be considered 
toxicologically identical in the same manner that metabolites are 
generally considered toxicologically identical to the parent. Contact: 
Laura Nollen, (703) 305-7390, nollen.laura@epa.gov.
    2. PP 8E7450. (EPA-HQ-OPP-2008-0805). Interregional Research 
Project No. 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, NJ 
08540, proposes to amend the tolerances in 40 CFR 180.635 to increase 
the levels of existing tolerances for residues of the insecticide 
spinetoram, expressed as a combination of XDE-175-J: 1-H-as-
indaceno[3,2-d]oxacyclododecin-7,15-dione, 2-[(6-deoxy-3-O-ethyl-2,4-
di-O-methyl-a-L-mannopyranosyl)oxy]-13-[[(2R,5S,6R)-5-
(dimethylamino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl-
2,3,3a,4,5,5a,5b, 6,9,10,11,12,13,14,16a,16b-hexadecahydro 14-methyl- 
(2R,3aR,5aR,5bS,9S,13S,14R, 16aS,16bR); XDE-175-L: 1H-as-indaceno[3,2-
d]oxacyclododecin-7,15-dione, 2-[(6-deoxy-3-O-ethyl-2,4-di-O-methyl-a-
L-mannopyranosyl)oxy]-13-[[(2R,5S,6R)-5-(dimethylamino)tetrahydro-6-
methyl-2H-pyran-2-yl]oxy]-9-ethyl-2,3,3a,5a,5b,6,9, 
10,11,12,13,14,16a,16b-tetradecahydro-4,14-dimethyl-, 
(2S,3aR,5aS,5bS,9S,13S,14R, 16aS,16bS); ND-
J:(2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR)-9-ethyl-14-methyl-13-
[[(2S,5S,6R)-6-methyl-5-(methylamino)tetrahydro-2H-pyran-2-yl]oxy]-
7,15-dioxo-2,3,3a,4,5,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-
octadecahydro-1H-as-indaceno[3,2-d]oxacyclododecin-2-yl 6-deoxy-3-O-
ethyl-2,4-di-O-methyl-alpha-L-mannopyranoside; and NF-J: (2R,3S,6S)-6-
([(2R,3aR,5aR,5bS,9S,13S,14R,16aS, 16bR)-2-[(6-deoxy-3-O-ethyl-2,4-di-
O-methyl-alpha-L-mannopyranosyl) oxy]-9-ethyl-14-methyl-7,15-dioxo-
2,3,3a,4,5,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-octadecahydro-1H-as-
indaceno[3,2-d]oxacyclododecin-13-yl]oxy)-2-methyltetrahydro-2H-pyran-
3-yl(methyl)formamide in or on nut, tree, group 14 and pistachio from 
0.04 to 0.08 ppm; and almond, hulls from 2.0 ppm to 9.0 ppm. A 
reduction to a 1-day pre-harvest interval (PHI) is supported with new 
MOR data for the increased tolerances in tree nuts. EPA has determined 
adequate analytical methods are available for enforcement purposes for 
spinosad in plant and animal matrices. Methods include an immunoassay 
particle-based method 97.05 and a high performance liquid 
chromatography/ultraviolet (HPLC/UV) method GRM 03.15 and a suite of 
specific crop methods: GRM 94.02 (cottonseed and related commodities),

[[Page 73651]]

GRM 95.17 (leafy vegetables), GRM 96.09 (citrus), GRM 96.14 (tree 
nuts), GRM 95.04 (fruiting vegetables), GRM 94.02.S1 (cotton gin 
byproducts). GRM 94.02 has a successful independent lab validation and 
was submitted for inclusion in the Pesticide Analytical Manual II (PAM 
II) as Method I. EPA recently concluded that for water, residues should 
be estimated using total spinosad residue method (EPA, DP  
316077, August 2, 2006). The Agency has concluded that spinosad are 
considered toxicologically identical to another pesticide, spinetoram. 
This conclusion is based on the following:
    i. Spinetoram and spinosad are large molecules with nearly 
identical structures; and
    ii. The toxicological profiles for each are similar (generalized 
systemic toxicity) with similar doses and endpoints chosen for human-
health risk assessment. Spinosad and spinetoram should be considered 
toxicologically identical in the same manner that metabolites are 
generally considered toxicologically identical to the parent. Contact: 
Laura Nollen, (703) 305-7390, nollen.laura@epa.gov.
    3. PP 8F7454. (EPA-HQ-OPP-2008-0806). Y-TEX Corporation, 1825 Big 
Horn Avenue, P.O. Box 1450, Cody, WY 82414, proposes to amend the 
tolerances in 40 CFR 180.449 by increasing the combined residues of the 
insecticide avermectin B1 (a mixture of avermectins 
containing greater than or equal to 80% avermectin B1a(5-O-
demethyl avermectin A1) and less than or equal to 20% 
avermectin B1b(5-O-demethyl-25-de(1-methylpropyl)-25-(1-
methylethyl) avermectin A1)) and its delta-8,9-isomer in or 
on cattle, fat from 0.015 ppm to 0.03 ppm and cattle, meat byproducts 
from 0.02 ppm to 0.06 ppm. Avermectin B1 is referred to as 
simply abamectin throughout this document. The analytical method is 
titled ``Determination of Macrocyclic Lactone Residues in Bovine and 
Ovine Tissues,'' referenced as Method No. AATM-R-53. The method 
involves maceration of the tissue sample with acetonitrile, 
homogenization, filtration, partition, extraction and cleanup with 
analysis by high performance liquid chromatography (HPLC) - 
fluorescence detection. The method is sufficiently sensitive to detect 
residues at a limit of detection of 0.002 ppm and a limit of 
quantification of 0.005 ppm. Both levels are below the tolerances 
proposed. The method has undergone independent laboratory validation as 
required by PR Notice 96-1. Contact: Thomas Harris, (703) 308-9423, 
harris.thomas@epa.gov.
    4. PP 8F7452. (EPA-HQ-OPP-2008-0813). Bayer CropScience, 2 T.W. 
Alexander Drive, Research Triangle Park, NC 27709, proposes to reduce 
the tolerance for residues of the herbicide tembotrione, 2-[2-chloro-4-
methylsulfonyl)-3-[(2,2,2-trifluoroethoxy)methyl]benzoyl]-1,3-
cyclohexanedione, and its metabolite (M5), 2-[2-chloro-4-
(methylsulfonyl)-3-[(2,2,2-trifluoroethoxy)methyl]benzoyl]-4,6-
dihydroxy-1,3-cyclohexanedione in or on corn, sweet, forage at 0.09 
ppm; corn, sweet, kernel plus cob with husks removed at 0.01 ppm; corn, 
sweet, stover at 0.15 ppm. Independently validated, analytical methods 
for plants, plant products and animal matrices, suitable for 
enforcement purposes, have been submitted for measuring tembotrione and 
all significant metabolites. Typically, residues are extracted from 
plant or animal using accelerated solvent extraction. Following 
concentration, quantitation is by liquid chromatography/mass 
spectrometry/mass spectrometry (LC/MS/MS) using deuterated internal 
standards. AE 1392936 requires additional clean-up by anion exchange, 
solid phase extraction prior to quantitation. Determination of AE 
1417268 in ruminant samples requires a hexane wash prior to 
quantitation. Contact: Michael Walsh, (703) 308-2972, 
walsh.michael@epa.gov.

New Exemptions from an Inert Tolerance

    1. PP 8E7362. (EPA-HQ-OPP-2008-0601). Ag-Chem Consulting, 12208 
Quinque Lane, Clifton, VA 21024 on behalf of Caltex Inc., 2 Market 
Street, Sydney Australia, proposes to establish an exemption from the 
requirement of a tolerance in 40 CFR 180.920 for residues of the 
ultraviolet (UV) stabilizer Phenol, 2-(2H-benzotriazol-2-yl)-6-dodecyl-
4-methyl (CAS No. 23328-53-2) when used as a pesticide inert ingredient 
in pesticide spray oil formulations at a maximum concentration of 0.6% 
in or on Adzuki beans, canola, chickpeas, cotton, faba beans, field 
peas, lentils, linola, linseed, lucerne, lupins, mungbeans, navy beans, 
pigeon peas, safflower, sunflower, and vetch. 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.
    2. PP 8E7363. (EPA-HQ-OPP-2008-0602). Ag-Chem Consulting, 12208 
Quinque Lane, Clifton, VA 21024 on behalf of Caltex Inc., 2 Market 
Street, Sydney Australia, proposes to establish an exemption from the 
requirement of a tolerance in 40 CFR 180.920 for residues of the 
ultraviolet (UV) stabilizer 2-(2'-hydroxy-3',5'-di-t-amylphenyl)-
benzotriazole (CAS No. 25973-55-1) when used as a pesticide inert 
ingredient in pesticide spray oil formulations at a maximum 
concentration of 0.6% in or on Adzuki beans, canola, chickpeas, cotton, 
faba beans, field peas, lentils, linola, linseed, lucerne, lupins, 
mungbeans, navy beans, pigeon peas, safflower, sunflower, and vetch. 
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.
    3. PP 8E7387. (EPA-HQ-OPP-2008-0671). Loveland Products, Inc., P.O. 
Box 1286, Greeley, CO 80632-1286, proposes to establish an exemption 
from the requirement of a tolerance in 40 CFR 180.920 for residues of 
the choline chloride (CAS No. 67-48-1) when used as a pesticide inert 
ingredient as a solvent 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.
    4. PP 8E7421. (EPA-HQ-OPP-2008-0794). Akzo Nobel Surface Chemistry, 
LLC, 525 West Van Buren Street, Chicago, IL 60607-3823, proposes to 
establish an exemption from the requirement of a tolerance in 40 CFR 
180.960 for residues of formaldehyde, polymer with 2-methyloxirane and 
4-nonylphenol (CAS No. 37523-33-4) when used as a pesticide inert 
ingredient in pesticide formulations. Akzo Nobel submitted a petition 
to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as 
amended by the Food Quality Protection Act of 1996 (FQPA) requesting an 
exemption from the requirements of a tolerance. This petition requests 
the elimination of the need to establish a maximum permissible level 
for residues of formaldehyde, polymer with 2-methyloxirane and 4-
nonylphenol in or on all raw agricultural commodities. Because this 
petition is a request for an exemption from the requirement of a 
tolerance, no analytical method is required. Contact: Alganesh Debesai, 
(703) 308-8353, debesai.alganesh@epa.gov.

List of Subjects

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



[[Page 73652]]


    Dated: November 25, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E8-28668 Filed 12-2-08; 8:45 am]
BILLING CODE 6560-50-S