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75810 Federal Register / Vol. 70, No.

244 / Wednesday, December 21, 2005 / Notices

section 408 of the Federal Food, Drug, residues at or above the proposed I. General Information
and Cosmetic Act (FFDCA), 21 U.S.C. tolerances.
A. Does this Action Apply to Me?
346a, proposing the amendment of
List of Subjects
regulations in 40 CFR 180.473(d) for the You may be potentially affected by
indirect or inadvertent residues of the Environmental protection, this action if you are an agricultural
herbicide glufosinate-ammonium Agricultural commodities, Feed producer, food manufacturer, or
(butanoic acid, 2-amino-4- additives, Food additives, Pesticides pesticide manufacturer. Potentially
(hydroxymethylphosphinyl)-, and pests, Reporting and recordkeeping affected entities may include, but are
monoammonium salt) and its requirements. not limited to:
metabolite, 3- Dated: December 13, 2005. • Crop production (NAICS code 111).
methylphosphinicopropionic acid Lois Rossi, • Animal production (NAICS code
expressed as 2-amino-4- Director, Registration Division, Office of 112).
(hydroxymethylphosphinyl) butanoic Pesticide Programs. • Food manufacturing (NAICS code
acid equivalents in or on forage, hay, [FR Doc. E5–7636 Filed 12–20–05; 8:45 am] 311).
and straw of small grains (Crop Group
BILLING CODE 6560–50–S
• Pesticide manufacturing (NAICS
16). EPA has determined that this code 32532).
pesticide petition contains data or This listing is not intended to be
information regarding the elements set ENVIRONMENTAL PROTECTION exhaustive, but rather provides a guide
forth in FFDCA section 408(d)(2); AGENCY for readers regarding entities likely to be
however, EPA has not fully evaluated affected by this action. Other types of
the sufficiency of the submitted data at entities not listed in this unit could also
this time or whether the data support [EPA–HQ–OPP–2005–0315; FRL–7748–2]
be affected. The North American
granting of the pesticide petition. Notice of Filing of a Pesticide Petition Industrial Classification System
Additional data may be needed before for an Amendment to a Regulation for (NAICS) codes have been provided to
EPA rules on this pesticide petition. Residues of Listeria Specific assist you and others in determining
Pursuant to 40 CFR 180.7(f), a Bacteriophages in or on Food whether this action might apply to
summary of the petition included in this Commodities certain entities. If you have any
notice, prepared by the petitioner along questions regarding the applicability of
with a description of the analytical AGENCY: Environmental Protection this action to a particular entity, consult
method available for the detection and Agency (EPA). the person listed under FOR FURTHER
measurement of the pesticide chemical ACTION: Notice. INFORMATION CONTACT.
residues is available on EPA’s Electronic
Docket at http://www.regulations.gov/. SUMMARY: This notice announces the B. How Can I Get Copies of this
To locate this information on the home initial filing of a pesticide petition Document and Other Related
page of EPA’s Electronic Docket, select proposing the amendment of a Information?
‘‘Quick Search’’ and type the OPP regulation for residues of the 1. Docket. EPA has established an
docket ID number ‘‘EPA–HQ–OPP– antimicrobial, LMP–102, Listeria official public docket for this action
2005–0301’’ in the search field. Once specific bacteriophages in or on food under docket ID number EPA–HQ–
the search has located the docket, commodities when used in accordance OPP–2005–0315 The official public
clicking on the ‘‘Docket ID’’ will bring with good manufacturing practices as docket consists of the documents
up a list of all documents in the docket the active ingredient in an antimicrobial specifically referenced in this action,
for the pesticide including the petition pesticide formulation provided that the any public comments received, and
summary. substance is applied on a semi- other information related to this action.
permanent or permanent food contact Although a part of the official docket,
Amendment to an Existing Tolerance surface (other than being applied on the public docket does not include
PP 5F6954. Bayer CropScience, 2 food packaging) with adequate draining Confidential Business Information (CBI)
T.W. Alexander Drive, Research before contact with food. or other information whose disclosure is
Triangle Park, NC 27709, proposes to DATES: Comments must be received on restricted by statute. The official public
amend the tolerances in 40 CFR or before January 20, 2006. docket is the collection of materials that
180.473(d) for the indirect or ADDRESSES: Comments, identified by
is available for public viewing at the
inadvertent residues of the herbicide docket identification (ID) number EPA– Public Information and Records
glufosinate-ammonium (butanoic acid, HQ–OPP–2005–0315 and pesticide Integrity Branch (PIRIB), Rm. 119,
2-amino-4-(hydroxymethylphosphinyl)-, petition (PP) number PP 4G6938, may Crystal Mall #2, 1801 S. Bell St.,
monoammonium salt) and its be submitted electronically, by mail, or Arlington, VA. This docket facility is
metabolite, 3- through hand delivery or courier. open from 8:30 a.m. to 4 p.m., Monday
methylphosphinicopropionic acid Follow the detailed instructions as through Friday, excluding legal
expressed as 2-amino-4- provided in Unit I. of the holidays. The docket telephone number
(hydroxymethylphosphinyl)butanoic SUPPLEMENTARY INFORMATION.
is (703) 305–5805.
acid equivalents in or on the food and 2. Electronic access. You may access
FOR FURTHER INFORMATION CONTACT:
feed commodities forage, hay and straw this document electronically through
of small grains (Crop Group 16) at 0.2 Velma Noble, Antimicrobials Division the EPA Internet under the ‘‘Federal
parts per million (ppm). The (7510C), Office of Pesticide Programs, Register’’ listings at http://
enforcement analytical method utilizes Environmental Protection Agency, 1200 www.epa.gov/fedrgstr/. (EDOCKET,
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gas chromatography for detecting and Pennsylvania Ave., NW., Washington, EPA’s electronic public docket and
measuring levels of glufosinate- DC 20460–0001; telephone number: comment system was replaced on
ammonium and its metabolites with a (703) 308–6233; e- November 25, 2005, by an enhanced
general limit of quantification of 0.05 mail:noble.velma@epa.gov. federal-wide electronic docket
ppm. This method allows detection of SUPPLEMENTARY INFORMATION: management and comment system

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Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Notices 75811

located at http://www.regulations.gov/.) delivered to the docket will be 0314. The system is an ‘‘anonymous
Follow the on-line instructions. transferred to EPA’s electronic public access’’ system, which means EPA will
An electronic version of the public docket. Public comments that are not know your identity, e-mail address,
docket is available through EPA’s mailed or delivered to the docket will be or other contact information unless you
electronic public docket and comment scanned and placed in EPA’s electronic provide it in the body of your comment.
system, EPA Dockets. You may use EPA public docket. Where practical, physical ii. E-mail. Comments may be sent by
Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the e-mail to opp-docket@epa.gov,
to submit or view public comments, to photograph will be placed in EPA’s Attention: Docket ID Number EPA–HQ–
access the index listing of the contents electronic public docket along with a OPP–2005–0314. In contrast to EPA’s
of the official public docket, and to brief description written by the docket electronic public docket, EPA’s e-mail
access those documents in the public staff. system is not an ‘‘anonymous access’’
docket that are available electronically. system. If you send an e-mail comment
Although not all docket materials may C. How and to Whom Do I Submit directly to the docket without going
be available electronically, you may still Comments? through EPA’s electronic public docket,
access any of the publicly available You may submit comments EPA’s e-mail system automatically
docket materials through the docket electronically, by mail, or through hand captures your e-mail address. E-mail
facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper addresses that are automatically
the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate captured by EPA’s e-mail system are
the appropriate docket ID number. docket ID number in the subject line on included as part of the comment that is
Certain types of information will not the first page of your comment. Please placed in the official public docket, and
be placed in the EPA Dockets. ensure that your comments are made available in EPA’s electronic
Information claimed as CBI and other submitted within the specified comment public docket.
information whose disclosure is period. Comments received after the iii. Disk or CD ROM. You may submit
restricted by statute, which is not close of the comment period will be comments on a disk or CD ROM that
included in the official public docket, marked ‘‘late.’’ EPA is not required to you mail to the mailing address
will not be available for public viewing consider these late comments. If you identified in Unit I.C.2. These electronic
in EPA’s electronic public docket. EPA’s wish to submit CBI or information that submissions will be accepted in
policy is that copyrighted material will is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid
not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do the use of special characters and any
docket but will be available only in not use EPA Dockets or e-mail to submit form of encryption.
printed, paper form in the official public CBI or information protected by statute. 2. By mail. Send your comments to:
docket. To the extent feasible, publicly 1. Electronically. If you submit an Public Information and Records
available docket materials will be made electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office
available in EPA’s electronic public unit, EPA recommends that you include of Pesticide Programs (OPP),
docket. When a document is selected your name, mailing address, and an e- Environmental Protection Agency, 1200
from the index list in EPA Dockets, the mail address or other contact Pennsylvania Ave., NW., Washington,
system will identify whether the information in the body of your DC 20460–0001, Attention: Docket ID
document is available for viewing in comment. Also include this contact Number EPA–HQ–OPP–2005–0314.
EPA’s electronic public docket. information on the outside of any disk 3. By hand delivery or courier. Deliver
Although not all docket materials may or CD ROM you submit, and in any your comments to: Public Information
be available electronically, you may still cover letter accompanying the disk or and Records Integrity Branch (PIRIB),
access any of the publicly available CD ROM. This ensures that you can be Office of Pesticide Programs (OPP),
docket materials through the docket identified as the submitter of the Environmental Protection Agency, Rm.
facility identified in Unit I.B.1. EPA comment and allows EPA to contact you 119, Crystal Mall #2, 1801 S. Bell St.,
intends to work towards providing in case EPA cannot read your comment Arlington, VA, Attention: Docket ID
electronic access to all of the publicly due to technical difficulties or needs Number OPP–2005–0314. Such
available docket materials through further information on the substance of deliveries are only accepted during the
EPA’s electronic public docket. your comment. EPA’s policy is that EPA docket’s normal hours of operation as
For public commenters, it is will not edit your comment, and any identified in Unit I.B.1.
important to note that EPA’s policy is identifying or contact information
that public comments, whether provided in the body of a comment will D. How Should I Submit CBI to the
submitted electronically or in paper, be included as part of the comment that Agency?
will be made available for public is placed in the official public docket, Do not submit information that you
viewing in EPA’s electronic public and made available in EPA’s electronic consider to be CBI electronically
docket as EPA receives them and public docket. If EPA cannot read your through EPA’s electronic public docket
without change, unless the comment comment due to technical difficulties or by e-mail. You may claim
contains copyrighted material, CBI, or and cannot contact you for clarification, information that you submit to EPA as
other information whose disclosure is EPA may not be able to consider your CBI by marking any part or all of that
restricted by statute. When EPA comment. information as CBI (if you submit CBI
identifies a comment containing i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside
copyrighted material, EPA will provide electronic public docket to submit of the disk or CD ROM as CBI and then
a reference to that material in the comments to EPA electronically is identify electronically within the disk or
version of the comment that is placed in EPA’s preferred method for receiving CD ROM the specific information that is
EPA’s electronic public docket. The comments. Go directly to EPA Dockets CBI). Information so marked will not be
erjones on PROD1PC68 with NOTICES

entire printed comment, including the at http://www.epa.gov/edocket, and disclosed except in accordance with
copyrighted material, will be available follow the online instructions for procedures set forth in 40 CFR part 2.
in the public docket. submitting comments. Once in the In addition to one complete version of
Public comments submitted on system, select ‘‘search,’’ and then key in the comment that includes any
computer disks that are mailed or docket ID number EPA–HQ–OPP–2005– information claimed as CBI, a copy of

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75812 Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Notices

the comment that does not contain the granting of the pesticide petition. SUMMARY: The U.S. Environmental
information claimed as CBI must be Additional data may be needed before Protection Agency is submitting the
submitted for inclusion in the public EPA rules on the pesticide petition. Nanotechnology White Paper External
docket and EPA’s electronic public Pursuant to 40 CFR 180.7(f), a Review Draft for independent external
docket. If you submit the copy that does summary of the petition prepared by the peer review, which will be conducted in
not contain CBI on disk or CD ROM, petitioner is available on EPA’s the February timeframe. Public
mark the outside of the disk or CD ROM Electronic Docket at http:// comments will be accepted prior to the
clearly that it does not contain CBI. www.regulations.gov/. To locate this meeting of the external peer review
Information not marked as CBI will be information on the home page of EPA’s panel. All comments received by
included in the public docket and EPA’s Electronic Docket, select ‘‘Quick January 31, 2006 will be shared with the
electronic public docket without prior Search’’ and type the OPP docket ID external peer review panel for their
notice. If you have any questions about number ‘‘EPA–HQ–OPP–2005–0315’’ in consideration. Comments received
CBI or the procedures for claiming CBI, the search field. Once the search has beyond that time will be considered by
please consult the person listed under located the docket, clicking on the EPA. The public release of this draft
FOR FURTHER INFORMATION CONTACT. ‘‘Docket ID’’ will bring up a list of all document is solely for the purpose of
documents in the docket for the seeking public comment and peer
E. What Should I Consider as I Prepare
pesticide including the petition review. This draft white paper does not
My Comments for EPA?
summary. represent and should not be construed
You may find the following to represent any EPA policy, viewpoint,
suggestions helpful for preparing your Amendment to an Existing Exemption
or determination. Members of the public
comments: from the Requirement of a Tolerance
may obtain the draft white paper from
1. Explain your views as clearly as PP 4G6938. Intralytix, Inc., 323 W. http://www.regulations.gov; or http://
possible. Camden St., Baltimore, MD 21201, www.epa.gov/osa/nanotech.htm; or
2. Describe any assumptions that you proposes to establish a temporary from Dr. Kathryn Gallagher via the
used. exemption from the requirement of a contact information below.
3. Provide copies of any technical tolerance for residues of the The Nanotechnology White Paper
information and/or data you used that antimicrobial, LMP–102, Listeria External Review Draft identifies data
support your views. specific bacteriophages, in or on food
4. If you estimate potential burden or gaps that need to be filled and
commodities when used in accordance recommends research for both
costs, explain how you arrived at the with good manufacturing practices as
estimate that you provide. environmental applications and
the active ingredient in an antimicrobial implications of nanotechnology that
5. Provide specific examples to pesticide formulation provided that the
illustrate your concerns. would inform the appropriate regulatory
substance is applied on a semi- safeguards for nanotechnology. The
6. Make sure to submit your
permanent or permanent food contact draft white paper describes the
comments by the deadline in this
surface (other than being applied on technology and provides a discussion of
notice.
food packaging) with adequate draining potential environmental benefits of
7. To ensure proper receipt by EPA,
before contact with food. Because this nanotechnology. Risk management
be sure to identify the docket ID number
petition is a request for a temporary issues and the Agency’s statutory
assigned to this action and the pesticide
exemption from the requirement of a mandates are outlined, following an
petition number in the subject line on
tolerance, an analytical method is not extensive discussion of risk assessment
the first page of your response. You may
required at this time. issues. The draft white paper concludes
also provide the name, date, and
Federal Register citation related to your List of Subjects with recommendations on next steps for
comments. addressing science policy issues and
Environmental protection, research needs. Supplemental
II. What Action is the Agency Taking? Agricultural commodities, Feed information is provided in a number of
EPA is printing a summary of a additives, Food additives, Pesticides appendices.
pesticide petition received under and pests, Reporting and recordkeeping Following the expert review, EPA will
section 408 of the Federal Food, Drug, requirements. issue a final white paper on
and Cosmetic Act (FFDCA), 21 U.S.C. Dated: November 23, 2005. nanotechnology in early 2006. To obtain
346a, proposing the amendment of a Frank Sanders, additional information, visit: http://
regulation in 40 CFR part 180 for Director, Antimicrobials Division, Office of www.epa.gov/osa/nanotech.htm.
residues of the antimicrobial Listeria in Pesticide Programs. DATES: All comments received by
or on food commodities when used in [FR Doc. E5–7638 Filed 12–20–05; 8:45 am] January 31, 2006 will be shared with the
accordance with good manufacturing BILLING CODE 6560–50–S external peer review panel for their
practices as the active ingredient in an consideration. Comments received
antimicrobial pesticide formulation beyond that time will be considered by
provided that the substance is applied ENVIRONMENTAL PROTECTION EPA.
on a semi-permanent or permanent food AGENCY
contact surface (other than being ADDRESSES: Submit your comments,
applied on food packaging) with [EPA–HQ–ORD–2005–0504; FRL–8011–9] identified by Docket ID No. EPA–HQ–
adequate draining before contact with ORD–2005–0504, by one of the
food. EPA has determined that the Notice of Availability of the following methods:
pesticide petition contains data or Nanotechnology White Paper External • http://www.regulations.gov: Follow
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information regarding the elements set Review Draft the on-line instructions for submitting
forth in FFDCA section 408(d)(2); comments.
AGENCY: Environmental Protection
however, EPA has not fully evaluated Agency (EPA). • E-mail: ORD.Docket@epa.gov.
the sufficiency of the submitted data at • Mail: ORD Docket, Environmental
ACTION: Notice of document availability.
this time or whether the data support Protection Agency, Mailcode: 28221T,

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