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



[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: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to 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 http://www.regulations.gov, 
including any personal information provided, unless the comment 
includes information claimed to be Confidential Business Information 
(CBI) or other information whose disclosure is restricted by statute. 
Do not submit information that you consider to be CBI or otherwise 
protected through regulations.gov or e-mail. The regulations.gov 
website is an ``anonymous access'' system, which means EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an e-mail comment directly to EPA 
without going through regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the docket and made available on the Internet. If you submit 
an electronic comment, EPA recommends that you include your name and 

[[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 http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of 
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: 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.


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 

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 
    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 http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)), 
EPA is publishing notice of the petition so that the public has an 
opportunity to comment on this request for the establishment/
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 

    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]