Notice of Receipt of a Pesticide Petition Filed for Residues of a Pesticide Chemical in or on Various Commodities, 54043-54045 [E9-25347]

Download as PDF jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices review the primary (health-based) NAAQS for CO. CASAC has previously provided consultative advice on EPA’s Plan for Review of the National Ambient Air Quality Standards for Carbon Monoxide, the first document in this review of the CO NAAQS. CASAC held a public meeting on May 12–13, 2009 (as announced in 74 FR 15265–15266) in Chapel Hill, North Carolina to review the Integrated Science Assessment for Carbon Monoxide (First External Review Draft) and provide consultative advice on the Carbon Monoxide National Ambient Air Quality Standards: Scope and Methods Plan for Risk and Exposure Assessment. The CASAC advisory reports are available on the EPA Web site at https://www.epa.gov/ casac. The purpose of the November 16–17, 2009 meeting is for the CASAC Panel to conduct a peer review the Integrated Science Assessment for Carbon Monoxide: Second External Review Draft (September 2009) published by EPA’s Office of Research and Development (ORD) and to review the Risk and Exposure Assessment to Support the Review of the Carbon Monoxide Primary National Ambient Air Quality Standards—First External Review Draft (October 2009) recently issued by EPA’s Office of Air and Radiation (OAR). The chartered CASAC will review and approve the Panel’s draft reports by a public conference call on December 22, 2009. Technical Contacts: Any questions concerning EPA’s Integrated Science Assessment for Carbon Monoxide: Second External Review Draft should be directed to Dr. Tom Long, ORD, at long.tom@epa.gov or (919) 541–1880. Any questions concerning EPA’s Risk and Exposure Assessment to Support the Review of the Carbon Monoxide Primary National Ambient Air Quality Standards—First External Review Draft should be directed to Dr. Ines Pagan, OAR, at pagan.ines@epa.gov or (919) 541–5469. Availability of Meeting Materials: EPA–ORD’s Integrated Science Assessment for Carbon Monoxide: Second External Review Draft can be accessed at: https://www.epa.gov/ttn/ naaqs/standards/co/s_co_cr_isa.html. EPA–OAR’s Risk and Exposure Assessment to Support the Review of the Carbon Monoxide Primary National Ambient Air Quality Standards—First External Review Draft will be available at: https://www.epa.gov/ttn/naaqs/ standards/co/s_co_index.html. The agenda and other materials for the CASAC meetings will be posted on the SAB Web site at https://www.epa.gov/ casac. VerDate Nov<24>2008 17:33 Oct 20, 2009 Jkt 220001 Procedures for Providing Public Input: Interested members of the public may submit relevant written or oral information for consideration on the topics included in this advisory activity. Oral Statements: To be placed on the public speaker list for the November 16– 17, 2009 meeting, interested parties should notify Ms. Kyndall Barry, DFO, by e-mail no later than November 9, 2009. To be placed on the public speaker list for the December 22, 2009 teleconference, interested parties should notify Dr. Holly Stallworth, DFO, by email no later than December 8, 2009. Individuals making oral statements will be limited to five minutes per speaker. Written Statements: Written statements for the November 16–17, 2009 meeting should be received in the SAB Staff Office by November 9, 2009, so that the information may be made available to the CASAC Panel for its consideration prior to this meeting. Written statements for the December 22, 2009 meeting should be received in the SAB Staff Office by December 8, 2009. Written statements should be supplied to the appropriate DFO in the following formats: one hard copy with original signature and one electronic copy via email (acceptable file format: Adobe Acrobat PDF, MS Word, WordPerfect, MS PowerPoint, or Rich Text files in IBM–PC/Windows 98/2000/XP format). Submitters are asked to provide versions of each document submitted with and without signatures, because the SAB Staff Office does not publish documents with signatures on its Web sites. Accessibility: For information on access or services for individuals with disabilities, please contact Ms. Barry at the phone number or e-mail address noted above, preferably at least ten days prior to the meeting, to give EPA as much time as possible to process your request. Dated: October 14, 2009. Anthony F. Maciorowski, Deputy Director, EPA Science Advisory Board Staff Office. [FR Doc. E9–25360 Filed 10–20–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2009–0802; FRL–8795–7] Notice of Receipt of a Pesticide Petition Filed for Residues of a Pesticide Chemical in or on Various Commodities AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 54043 SUMMARY: This notice announces the Agency’s receipt of an initial filing of a pesticide petition proposing the establishment/modification of regulations for residues of the biochemical pesticide 2,6diisopropylnaphthalene (2,6-DIPN) in or on various food commodities. DATES: Comments must be received on or before November 2, 2009. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2009–0802 and the pesticide petition (PP) number 9F7626, 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–2009– 0802 and the pesticide petition number 9F7626. 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 email. 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 E:\FR\FM\21OCN1.SGM 21OCN1 54044 Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices 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: Leonard Cole, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 305–5412; e-mail address: cole.leonard@epa.gov. SUPPLEMENTARY INFORMATION: jlentini on DSKJ8SOYB1PROD 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 VerDate Nov<24>2008 17:33 Oct 20, 2009 Jkt 220001 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 under FOR FURTHER INFORMATION CONTACT. 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 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 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 biochemical pesticide discussed in this document, compared to the general population. II. What Action is the Agency Taking? EPA is announcing receipt of a pesticide petition filed under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, proposing the establishment/ modification of regulations in 40 CFR part 180 for residues of the biopesticide chemical 2,6-DIPN in or on various food commodities. EPA has determined that the pesticide petition described in this notice contains 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 supports granting of the petition. Additional data may be needed before EPA can make a final determination on this petition. Pursuant to 40 CFR 180.7(f), a summary of the petition that is the subject of this notice, prepared by the petitioner, is included in a docket EPA has created for this rulemaking. The docket for this petition is available online 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/modification of regulations for residues of 2,6-DIPN in or on various food commodities. Further information on the petition may be obtained through the petition summary referenced in this unit. EPA has received a pesticide petition PP 9F7626 from Loveland Products Inc., 7251 W. 4th Street, Greeley, CO 80634 proposing pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C.346a(d) to amend 40 CFR part 180 by establishing permanent tolerances for residues of the biochemical pesticide 2,6-DIPN in or on the following food commodities: Cattle, fat at 0.8 ppm; cattle, liver at 0.3 ppm; cattle, meat at 0.1 ppm; cattle, meat byproducts at 0.1 ppm; goat, fat at 0.8 ppm; goat, liver at 0.3 ppm; goat, meat at 0.1 ppm; goat, meat byproducts at 0.1 ppm; hog, fat at 0.8 ppm; hog, liver at 0.3 ppm; hog, meat at 0.1 ppm; hog, meat byproducts at 0.1 ppm; horse, fat at 0.8 ppm; horse, liver at 0.3 ppm; horse, meat at 0.1 ppm; horse, meat byproducts at 0.1 ppm; milk at 0.1 ppm; E:\FR\FM\21OCN1.SGM 21OCN1 Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES potato at 2.0 ppm; potato, wet peel at 6.0 ppm; sheep, fat at 0.8 ppm; sheep, liver at 0.3 ppm; sheep, meat at 0.1 ppm; and sheep, meat byproducts at 0.1 ppm. The proposed tolerance levels are based on results of studies on the magnitude of 2,6-DIPN in potatoes and processed potatoes and in livestock edible commodities. EPA issued a final rule, published in the Federal Register of September 1, 2006 (71 FR 52003) (FRL–8081–9), which announced that it established time-limited tolerances for residues of the biochemical pesticide 2,6-DIPN in or on the above-listed commodities, with an expiration date of August 1, 2009. Because of a thenexisting data gap, all initial tolerances were time-limited. The time limitation was established to provide sufficient time for the development and review of additional data, specifically a study on the nature of 2,6-DIPN residues in potatoes and animals, an independent laboratory validation of analytical methods in animal tissues, and a multiresidue method tryout. Loveland Products Inc. submitted the study on the nature of the residues in plants and animals on July 24, 2009, and a multiresidue method tryout report on October 8, 2009. EPA is providing a shortened comment period of 10 days on this notice of filing. EPA is expediting action on this petition because the time-limited tolerances for 2,6-DIPN have expired. EPA has determined that 2,6-DIPN is a reduced risk pesticide and, given its wide-scale use on potatoes in cold storage, that it is in the public interest to have this reduced risk pesticide available as soon as possible for use on this valuable commodity. Application of 2,6-DIPN on stored potatoes decreases the number of applications necessary for a conventional pesticide on stored potatoes, thus posing less risks and providing better efficacy. EPA has previously evaluated the toxicity of 2,6DIPN and determined that there is a reasonable certainty that no harm will result from dietary exposure to residues of 2,6-DIPN at the requested tolerance levels. Thus, EPA does not anticipate receiving any adverse comments on the subject petition. For these reasons, EPA is expediting the processing of this petition and is confident that a shortened 10–day comment period on the petition is appropriate. List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. VerDate Nov<24>2008 17:33 Oct 20, 2009 Jkt 220001 Dated: October 15, 2009. Keith A. Matthews, Acting Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. [FR Doc. E9–25347 Filed 10–20–09; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2008–0347; FRL–8795–2] Carbaryl; Notice of Receipt of a Request To Voluntarily Cancel Pesticide Registrations To Terminate Use of Certain Products AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of a request by the registrant to voluntarily cancel their registrations to terminate uses of pet collar products containing the pesticide carbaryl. The request would terminate carbaryl use in or on pet collars for domestic pets, and would terminate the last carbaryl pet products registered for use in the United States. EPA intends to grant this request at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the request, or unless the registrant withdraws its request within the comment period. Upon acceptance of this request, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order. DATES: Comments must be received on or before November 20, 2009. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2008–0347, 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 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 54045 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– 0347. 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 email. 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. E:\FR\FM\21OCN1.SGM 21OCN1

Agencies

[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Notices]
[Pages 54043-54045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25347]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0802; FRL-8795-7]


Notice of Receipt of a Pesticide Petition Filed for Residues of a 
Pesticide Chemical in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the Agency's receipt of an initial 
filing of a pesticide petition proposing the establishment/modification 
of regulations for residues of the biochemical pesticide 2,6-
diisopropylnaphthalene (2,6-DIPN) in or on various food commodities.

DATES: Comments must be received on or before November 2, 2009.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2009-0802 and the pesticide petition (PP) number 
9F7626, 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-
2009-0802 and the pesticide petition number 9F7626. 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

[[Page 54044]]

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: Leonard Cole, Biopesticides and 
Pollution Prevention Division (7511P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-5412; e-mail 
address: cole.leonard@epa.gov.

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 under FOR FURTHER INFORMATION 
CONTACT.

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 
biochemical pesticide discussed in this document, compared to the 
general population.

II. What Action is the Agency Taking?

    EPA is announcing receipt of a pesticide petition filed under 
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
U.S.C. 346a, proposing the establishment/modification of regulations in 
40 CFR part 180 for residues of the biopesticide chemical 2,6-DIPN in 
or on various food commodities. EPA has determined that the pesticide 
petition described in this notice contains 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 supports granting of the petition. Additional data may be 
needed before EPA can make a final determination on this petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition that is the 
subject of this notice, prepared by the petitioner, is included in a 
docket EPA has created for this rulemaking. The docket for this 
petition 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/
modification of regulations for residues of 2,6-DIPN in or on various 
food commodities. Further information on the petition may be obtained 
through the petition summary referenced in this unit.
    EPA has received a pesticide petition PP 9F7626 from Loveland 
Products Inc., 7251 W. 4th Street, Greeley, CO 80634 proposing pursuant 
to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C.346a(d) to amend 40 CFR part 180 by establishing permanent 
tolerances for residues of the biochemical pesticide 2,6-DIPN in or on 
the following food commodities: Cattle, fat at 0.8 ppm; cattle, liver 
at 0.3 ppm; cattle, meat at 0.1 ppm; cattle, meat byproducts at 0.1 
ppm; goat, fat at 0.8 ppm; goat, liver at 0.3 ppm; goat, meat at 0.1 
ppm; goat, meat byproducts at 0.1 ppm; hog, fat at 0.8 ppm; hog, liver 
at 0.3 ppm; hog, meat at 0.1 ppm; hog, meat byproducts at 0.1 ppm; 
horse, fat at 0.8 ppm; horse, liver at 0.3 ppm; horse, meat at 0.1 ppm; 
horse, meat byproducts at 0.1 ppm; milk at 0.1 ppm;

[[Page 54045]]

potato at 2.0 ppm; potato, wet peel at 6.0 ppm; sheep, fat at 0.8 ppm; 
sheep, liver at 0.3 ppm; sheep, meat at 0.1 ppm; and sheep, meat 
byproducts at 0.1 ppm. The proposed tolerance levels are based on 
results of studies on the magnitude of 2,6-DIPN in potatoes and 
processed potatoes and in livestock edible commodities. EPA issued a 
final rule, published in the Federal Register of September 1, 2006 (71 
FR 52003) (FRL-8081-9), which announced that it established time-
limited tolerances for residues of the biochemical pesticide 2,6-DIPN 
in or on the above-listed commodities, with an expiration date of 
August 1, 2009. Because of a then-existing data gap, all initial 
tolerances were time-limited. The time limitation was established to 
provide sufficient time for the development and review of additional 
data, specifically a study on the nature of 2,6-DIPN residues in 
potatoes and animals, an independent laboratory validation of 
analytical methods in animal tissues, and a multiresidue method tryout. 
Loveland Products Inc. submitted the study on the nature of the 
residues in plants and animals on July 24, 2009, and a multiresidue 
method tryout report on October 8, 2009.
    EPA is providing a shortened comment period of 10 days on this 
notice of filing. EPA is expediting action on this petition because the 
time-limited tolerances for 2,6-DIPN have expired. EPA has determined 
that 2,6-DIPN is a reduced risk pesticide and, given its wide-scale use 
on potatoes in cold storage, that it is in the public interest to have 
this reduced risk pesticide available as soon as possible for use on 
this valuable commodity. Application of 2,6-DIPN on stored potatoes 
decreases the number of applications necessary for a conventional 
pesticide on stored potatoes, thus posing less risks and providing 
better efficacy. EPA has previously evaluated the toxicity of 2,6-DIPN 
and determined that there is a reasonable certainty that no harm will 
result from dietary exposure to residues of 2,6-DIPN at the requested 
tolerance levels. Thus, EPA does not anticipate receiving any adverse 
comments on the subject petition. For these reasons, EPA is expediting 
the processing of this petition and is confident that a shortened 10-
day comment period on the petition is appropriate.

List of Subjects

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


    Dated: October 15, 2009.
Keith A. Matthews,
Acting Director, Biopesticides and Pollution Prevention Division, 
Office of Pesticide Programs.

[FR Doc. E9-25347 Filed 10-20-09; 8:45 am]
BILLING CODE 6560-50-S
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