Rules and Regulations. Notice of filing of petition and request for comment

Agency: Environmental Protection Agency (EPA)
Action: Notice of filing of petition and request for comment
Citation: FR Doc. 2012-10721 · EPA-HQ-OPP-2009-0802; FRL-9348-3 · 40 CFR 180

Summary

This document announces the Agency's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

Dates

Comments must be received on or before May 14, 2012.

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 email. 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 receipt of a pesticide petition filed under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, requesting the establishment or modification of regulations in 40 CFR part 174 or part 180 for residues of pesticide chemicals in or on various food commodities. The Agency is taking public comment on the request before responding to the petitioner. EPA is not proposing any particular action at this time. EPA has determined that the pesticide petition described in this document 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 pesticide petition. After considering the public comments, EPA intends to evaluate whether and what action may be warranted. Additional data may be needed before EPA can make a final determination on this pesticide petition. Pursuant to 40 CFR 180.7(f), a summary of the petition that is the subject of this document, prepared by the petitioner, is included in a docket EPA has created for this rulemaking. The docket for this petition is available online 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 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. EPA is providing a shortened comment period of 10 days on this notice of filing. EPA is expediting this petition because the time limited tolerances for 2,6-DIPN and its metabolites and degradates is set expire on May 18, 2012. PP 9F7626. Loveland Products, Inc., 7251 W. 4th St., Greeley, CO 80634, requests that 40 CFR 180.590 be amended by extending the effective dates of existing time-limited tolerances for residues of the biochemical pesticide, 2,6-diisopropylnaphthalene (2,6-DIPN) and its metabolites and degradates resulting from post harvest applications, in or on the following food and edible livestock commodities for three years: Potato, whole at 2.0 parts per million (ppm); potato peel at 6.0 ppm; potato, granules/flakes at 5.5 ppm; cattle, goat, hog, horse, sheep, fat at 1.0 ppm; cattle, goat, hog, horse, sheep, liver at 0.5 ppm; cattle, goat, hog, horse, sheep, meat at 0.2 ppm; cattle, goat, hog, horse, sheep, meat byproducts at 0.4 ppm; and milk, fat at 0.5 ppm. The High-performance Liquid Chromatograph (HPLC) is used to measure and evaluate the chemical 2,6-diisopropylnaphthalene (2,6-DIPN). List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: April 26, 2012. Keith A. Matthews, Acting Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. [FR Doc. 2012-10721 Filed 5-3-12; 8:45 am]