Dicloran Risk Assessments; Notice of Availability, 69551-69554 [05-22615]
Download as PDF
Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices
kooyoomjian.jack@epa.gov. General
information concerning the SAB can be
found on the SAB Web site at: https://
www.epa.gov/sab. Technical Contact:
For questions and information
concerning the document being
reviewed, contact Dr. Mary E. Clark,
U.S. EPA, ORIA by telephone at (202)
343–9348, fax at (202) 243–2395, or email at clark.marye@epa.gov.
SUPPLEMENTARY INFORMATION:
Summary: EPA’s ORIA has requested
EPA’s Science Advisory Board to review
its draft report ‘‘Expansion and Upgrade
of the RadNet Air Monitoring Network,’’
(Vols. 1 & 2), dated October 2005. The
purpose of the upcoming teleconference
is for the RAC’s RadNet Review Panel to
be briefed on the document to be
reviewed and to clarify the charge to the
Panel. The purpose of the upcoming
face-to-face meeting is to allow the SAB
RAC RadNet Review Panel to conduct a
peer review of the document. Meeting
agendas and background information for
the teleconference and face-to-face
meetings will be posted on the SAB
Web site at: https://www.epa.gov/sab
prior to the meetings.
The SAB was established by 42 U.S.C.
4365 to provide independent scientific
and technical advice, consultation, and
recommendations to the EPA
Administrator on the technical basis for
Agency positions and regulations. The
review will be conducted by the RAC’s
RadNet Review Panel, consisting of
current SAB RAC members and
additional outside experts. The Panel
will comply with the provisions of the
Federal Advisory Committee Act
(FACA) and all appropriate SAB
procedural policies. As such, all public
meetings will be announced in the
Federal Register at least 15 days prior
to their scheduled times.
Background: Pursuant to the Federal
Advisory Committee Act, Public Law
92–463, the SAB Staff Office hereby
gives notice of a public meeting of the
Radiation Advisory Committee (RAC)
RadNet Review Panel. The EPA ORIA
requested the SAB to provide advice on
RadNet, which is the National
Monitoring System (NMS) upgrade,
formerly known as the Environmental
Radiation Ambient Monitoring System
(ERAMS). The RAC’s RadNet Review
Panel will review the draft document
entitled ‘‘Expansion and Upgrade of the
RadNet Air Monitoring Network,’’ (Vols.
1 & 2), dated October 2005.
Additionally, the RAC will receive a
program update and briefing related to
ORIA program activities within the EPA
for the coming year on the morning of
December 21, 2005.
Additional background information
on this review include notification of a
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public teleconference meeting of the
RAC to receive briefings from the
Agency and discuss its advisory agenda
for FY 2005 [70 FR 4847, January 31,
2005], as well as a request for
nominations of experts [70 FR 15083,
March 24, 2005].
Persons who wish to obtain additional
background materials on the current
ERAMS network may find them at the
following Web site: https://www.epa.gov/
narel/erams/. Copies of the
materials provided to the RAC’s RadNet
Review Panel, including the Agency’s
draft document entitled ‘‘Expansion and
Upgrade of the RadNet Air Monitoring
Network,’’ (Vols. 1 & 2), dated October
2005, as well as briefing materials and
other background materials pertinent to
the activities announced in this notice
may be requested from Dr. Mary E. Clark
of the U.S. EPA, ORIA by telephone at
(202) 343–9348, fax at (202) 243–2395,
or e-mail at clark.marye@epa.gov.
Procedures for Providing Public
Comment: The SAB Staff Office accepts
written public comments of any length
for consideration by the Panel and
accommodates oral comments whenever
possible. The EPA SAB Staff Office
expects the public statements presented
at SAB meetings will not repeat
previously-submitted oral or written
statements. Oral Comments: Requests to
provide oral comment must be in
writing (e-mail or fax) and received by
Dr. Kooyoomjian at the contact
information noted above no later than
November 23, 2005 for the December 1,
2005 teleconference call, and December
12, 2005 for the December 19 to 21,
2005 meeting. Oral presentation at a
teleconference meeting will usually be
limited to three minutes per speaker or
organization for a total of no more than
fifteen minutes for all speakers. Written
Comments: Written comments should
be received by Dr. Kooyoomjian at the
contact information noted above no later
than November 23, 2005 for the
December 1, 2005 teleconference call,
and December 12, 2005 for the
December 19 to 21, 2005 meeting so that
comments may be made available to the
Panelists for their consideration.
Written comments should be received
by Dr. Kooyoomjian (preferably by email) at the address and contact
information provided above in the
following formats: one hard copy with
original signature, and one electronic
copy via e-mail (acceptable file format:
Adobe Acrobat PDF, WordPerfect,
Word, or Rich Text files (in IBM-PC/
Windows 98/2000/XP format)). Those
providing written comments and who
attend the meeting are also asked to
bring 35 copies of their comments for
public distribution.
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Meeting Access: Individuals requiring
special accommodation to access the
public teleconference or public meeting
should contact Dr. Kooyoomjian at least
five business days prior to the meeting,
so that appropriate arrangements can be
made. For information on access or
services for individuals with
disabilities, please contact Dr. K. Jack
Kooyoomjian at 202–343–9984 or
kooyoomjian.jack@epa.gov to request
accommodation of a disability. Such
accommodation is required by sections
504 and 508 of the Rehabilitation Act of
1973, 29 U.S.C. 794 and 794d, EPA’s
implementing regulations, 40 CFR part
12, and the federal standards for
‘‘Electronic and Information Technology
Accessibility,’’ 36 CFR part 1194, which
govern accessibility and accommodation
in relation to EPA programs and
activities, such as Federal Advisory
Committee meetings.
Dated: November 8, 2005.
Anthony F. Maciorowski,
Associate Director for Science, EPA Science
Advisory Board Staff Office.
[FR Doc. 05–22702 Filed 11–15–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[OPP–2005–0265; FRL–7746–4]
Dicloran Risk Assessments; Notice of
Availability
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
availability of EPA’s risk assessment(s),
and related documents for the
nitroanaline pesticide dicloran, and
opens a public comment period on these
documents. The public is encouraged to
suggest risk management ideas or
proposals to address the risks identified.
EPA is developing a Reregistration
Eligibility Decision (RED) for dicloran
through a modified, 4–Phase public
participation process that the Agency
uses to involve the public in developing
pesticide reregistration and tolerance
reassessment decisions. Through these
programs, EPA is ensuring that all
pesticides meet current health and
safety standards.
DATES: Comments, identified by docket
identification (ID) number OPP–2005–
0265, must be received on or before
January 17, 2006.
ADDRESSES: Comments may be
submitted electronically, by mail, or
through hand delivery/courier. Follow
the detailed instructions as provided in
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Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices
Unit I. of the SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Patrick Dobak, Special Review and
Reregistration Division (7508C), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 308–
8180; fax number: (703) 308–8041; email address: dobak.pat@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public
in general, and may be of interest to a
wide range of stakeholders including
environmental, human health, and
agricultural advocates; the chemical
industry; pesticide users; and members
of the public interested in the sale,
distribution, or use of pesticides. Since
others also may be interested, the
Agency has not attempted to describe all
the specific entities that may be affected
by this action. 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. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established an
official public docket for this action
under docket ID number OPP–2005–
0265. The official public docket consists
of the documents specifically referenced
in this action, any public comments
received, and other information related
to this action. Although a part of the
official docket, the public docket does
not include Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
The official public docket is the
collection of materials that is available
for public viewing at the Public
Information and Records Integrity
Branch (PIRIB), Rm. 119, Crystal Mall
#2, 1801 S. Bell St., Arlington, VA. This
docket facility is open from 8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays. The docket
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/.
An electronic version of the public
docket is available through EPA’s
electronic public docket and comment
system, EPA Dockets. You may use EPA
Dockets at https://www.epa.gov/edocket/
to submit or view public comments,
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access the index listing of the contents
of the official public docket, and to
access those documents in the public
docket that are available electronically.
Once in the system, select ‘‘search,’’
then key in the appropriate docket ID
number.
Certain types of information will not
be placed in the EPA Dockets.
Information claimed as CBI and other
information whose disclosure is
restricted by statute, which is not
included in the official public docket,
will not be available for public viewing
in EPA’s electronic public docket. EPA’s
policy is that copyrighted material will
not be placed in EPA’s electronic public
docket but will be available only in
printed, paper form in the official public
docket. To the extent feasible, publicly
available docket materials will be made
available in EPA’s electronic public
docket. When a document is selected
from the index list in EPA Dockets, the
system will identify whether the
document is available for viewing in
EPA’s electronic public docket.
Although not all docket materials may
be available electronically, you may still
access any of the publicly available
docket materials through the docket
facility identified in Unit I.B.1. EPA
intends to work towards providing
electronic access to all of the publicly
available docket materials through
EPA’s electronic public docket.
For public commenters, it is
important to note that EPA’s policy is
that public comments, whether
submitted electronically or in paper,
will be made available for public
viewing in EPA’s electronic public
docket as EPA receives them and
without change, unless the comment
contains copyrighted material, CBI, or
other information whose disclosure is
restricted by statute. When EPA
identifies a comment containing
copyrighted material, EPA will provide
a reference to that material in the
version of the comment that is placed in
EPA’s electronic public docket. The
entire printed comment, including the
copyrighted material, will be available
in the public docket.
Public comments submitted on
computer disks that are mailed or
delivered to the docket will be
transferred to EPA’s electronic public
docket. Public comments that are
mailed or delivered to the docket will be
scanned and placed in EPA’s electronic
public docket. Where practical, physical
objects will be photographed, and the
photograph will be placed in EPA’s
electronic public docket along with a
brief description written by the docket
staff.
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C. How and to Whom Do I Submit
Comments?
You may submit comments
electronically, by mail, or through hand
delivery/courier. To ensure proper
receipt by EPA, identify the appropriate
docket ID number in the subject line on
the first page of your comment. Please
ensure that your comments are
submitted within the specified comment
period. Comments received after the
close of the comment period will be
marked ‘‘late.’’ EPA is not required to
consider these late comments. If you
wish to submit CBI or information that
is otherwise protected by statute, please
follow the instructions in Unit I.D. Do
not use EPA Dockets or e-mail to submit
CBI or information protected by statute.
1. Electronically. If you submit an
electronic comment as prescribed in this
unit, EPA recommends that you include
your name, mailing address, and an email address or other contact
information in the body of your
comment. Also include this contact
information on the outside of any disk
or CD ROM you submit, and in any
cover letter accompanying the disk or
CD ROM. This ensures that you can be
identified as the submitter of the
comment and allows EPA to contact you
in case EPA cannot read your comment
due to technical difficulties or needs
further information on the substance of
your comment. EPA’s policy is that EPA
will not edit your comment, and any
identifying or contact information
provided in the body of a comment will
be included as part of the comment that
is placed in the official public docket,
and made available in EPA’s electronic
public docket. 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.
i. EPA Dockets. Your use of EPA’s
electronic public docket to submit
comments to EPA electronically is
EPA’s preferred method for receiving
comments. Go directly to EPA Dockets
at https://www.epa.gov/edocket/, and
follow the online instructions for
submitting comments. Once in the
system, select ‘‘search,’’ and then key in
docket ID number OPP–2005–0265. The
system is an ‘‘anonymous access’’
system, which means EPA will not
know your identity, e-mail address, or
other contact information unless you
provide it in the body of your comment.
ii. E-mail. Comments may be sent by
e-mail to opp-docket@epa.gov,
Attention: Docket ID Number OPP–
2005–0265. In contrast to EPA’s
electronic public docket, EPA’s e-mail
system is not an ‘‘anonymous access’’
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system. If you send an e-mail comment
directly to the docket without going
through EPA’s electronic public docket,
EPA’s e-mail system automatically
captures your e-mail address. E-mail
addresses that are automatically
captured by EPA’s e-mail system are
included as part of the comment that is
placed in the official public docket, and
made available in EPA’s electronic
public docket.
iii. Disk or CD ROM. You may submit
comments on a disk or CD ROM that
you mail to the mailing address
identified in Unit I.C.2. These electronic
submissions will be accepted in
WordPerfect or ASCII file format. Avoid
the use of special characters and any
form of encryption.
2. By mail. Send your comments to:
Public Information and Records
Integrity Branch (PIRIB) (7502C), Office
of Pesticide Programs (OPP),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001, Attention: Docket ID
Number OPP–2005–0265.
3. By hand delivery or courier. Deliver
your comments to: Public Information
and Records Integrity Branch (PIRIB),
Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA, Attention: Docket ID
Number OPP–2005–0265. Such
deliveries are only accepted during the
docket’s normal hours of operation as
identified in Unit I.B.1.
D. How Should I Submit CBI to the
Agency?
Do not submit information that you
consider to be CBI electronically
through EPA’s electronic public docket
or by e-mail. You may claim
information that you submit to EPA as
CBI by marking any part or all of that
information as CBI (if you submit CBI
on disk or CD ROM, 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
CBI). Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
In addition to one complete version of
the comment that includes any
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 and EPA’s electronic public
docket. If you submit the copy that does
not contain CBI on disk or CD ROM,
mark the outside of the disk or CD ROM
clearly that it does not contain CBI.
Information not marked as CBI will be
included in the public docket and EPA’s
electronic public docket without prior
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notice. If you have any questions about
CBI or the procedures for claiming CBI,
please consult the person listed under
FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare
My Comments for EPA?
You may find the following
suggestions helpful for preparing your
comments:
1. Explain your views as clearly as
possible.
2. Describe any assumptions that you
used.
3. Provide any technical information
and/or data you used that support your
views.
4. If you estimate potential burden or
costs, explain how you arrived at your
estimate.
5. Provide specific examples to
illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your
comments by the comment period
deadline identified.
8. To ensure proper receipt by EPA,
identify the appropriate docket ID
number in the subject line on the first
page of your response. It would also be
helpful if you provided the name, date,
and Federal Register citation related to
your comments.
II. Background
A. What Action is the Agency Taking?
EPA is releasing for public comment
its human health and environmental
fate and effects risk assessments and
related documents for dicloran, and
soliciting public comment on risk
management ideas or proposals.
Dicloran is a contact fungicide used on
a broad variety of fruits, vegetables, nuts
and ornamental plants. EPA developed
the risk assessments and risk
characterization for dicloran through a
modified version of its public process
for making pesticide reregistration
eligibility and tolerance reassessment
decisions. Through these programs, EPA
is ensuring that pesticides meet current
standards under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA)
and the Federal Food, Drug, and
Cosmetic Act (FFDCA), as amended by
the Food Quality Protection Act of 1996
(FQPA).
Dicloran is a fungicide registered for
use on apricots, celery, cucumbers,
endive, fennel, florence, garlic, grapes,
lettuce, nectarines, onions, peaches,
plums, potatoes, prunes, rhubarb,
shallots, snap beans, sweet cherries, and
sweet potatoes. The chief uses are on
celery and lettuce. Along with preharvest uses, dicloran may also be
applied post- harvest to fruits, carrots
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69553
and sweet potatoes. In addition, it may
be applied to ornamental plants in
nursery settings. These crops consist of
chrysanthemums, geraniums, roses,
gladiolus, hydrangeas and conifers.
There are no residential dicloran uses.
EPA is providing an opportunity,
through this notice, for interested
parties to provide comments and input
on the Agency’s risk assessments for
dicloran. Such comments and input
could address, for example, the
availability of additional information to
further refine the risk assessments, such
as the pesticide degradation properties,
residue decline (after application)
information, human exposure
information including incidents, and
chronic ecotoxicity data to plants and
animals, or could address the Agency’s
risk assessment methodologies and
assumptions as applied to this specific
pesticide.
Through this notice, EPA also is
providing an opportunity for interested
parties to provide risk management
proposals or otherwise comment on risk
management for dicloran. Risks of
concern associated with the use of
dicloran are: Chronic risks to mixers,
loaders, and applicators for the crops
with the highest potential seasonal
application rates. These crops include
celery, potatoes, florence, and fennel.
Risks to agricultural workers re-entering
treated areas for several crop groups are
also identified, particularly for cut
flowers and potted plants. Potential
ecological risks identified included
freshwater and estuarine/marine fish
and amphibians, birds and reptiles, and
mammals. Chronic risks to freshwater
and estuarine/marine fish and
invertebrates as well as aquatic vascular
and nonvascular plants, and terrestrial
and semi-aquatic plants could not be
assessed because of a lack of data. In
targeting these risks of concern, the
Agency solicits information on effective
and practical risk reduction measures.
EPA seeks to achieve environmental
justice, the fair treatment and
meaningful involvement of all people,
regardless of race, color, national origin,
or income, 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, unusually high exposure to
dicloran, compared to the general
population.
EPA is applying the principles of
public participation to all pesticides
undergoing reregistration and tolerance
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Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices
reassessment. The Agency’s Pesticide
Tolerance Reassessment and
Reregistration; Public Participation
Process, published in the Federal
Register on May 14, 2004, (69 FR
26819)(FRL–7357–9) explains that in
conducting these programs, the Agency
is tailoring its public participation
process to be commensurate with the
level of risk, extent of use, complexity
of the issues, and degree of public
concern associated with each pesticide.
For dicloran, a modified, 4–Phase
process with one comment period and
ample opportunity for public
consultation seems appropriate in view
of its limited use, and few complex
issues. However, if as a result of
comments received during this
comment period EPA finds that
additional issues warranting further
discussion are raised, the Agency may
lengthen the process and include a
second comment period, as needed.
All comments should be submitted
using the methods in Unit I. of the
SUPPLEMENTARY INFORMATION, and must
be received by EPA on or before the
closing date. Comments will become
part of the Agency Docket for dicloran.
Comments received after the close of the
comment period will be marked ‘‘late.’’
EPA is not required to consider these
late comments.
B. What is the Agency’s Authority for
Taking this Action?
Section 4(g)(2) of FIFRA as amended
directs that, after submission of all data
concerning a pesticide active ingredient,
‘‘the Administrator shall determine
whether pesticides containing such
active ingredient are eligible for
reregistration,’’ before calling in product
specific data on individual end-use
products and either reregistering
products or taking other ‘‘appropriate
regulatory action.’’
Section 408(q) of the FFDCA, 21
U.S.C. 346a(q), requires EPA to review
tolerances and exemptions for pesticide
residues in effect as of August 2, 1996,
to determine whether the tolerance or
exemption meets the requirements of
section 408(b)(2) or (c)(2) of FFDCA.
This review is to be completed by
August 3, 2006.
List of Subjects
Environmental protection, Pesticides
and pests.
November 7, 2005.
Peter Caulkins,
Acting Director, Special Review and
Reregistration Division, Office of Pesticide
Programs.
[FR Doc. 05–22615 Filed 11–15–05; 8:45 am]
BILLING CODE 6560–50–S
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ENVIRONMENTAL PROTECTION
AGENCY
[OPP–2004–0369; FRL–7743–8]
Chloroneb; Reregistration Eligibility
Decision
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
availability of EPA’s Reregistration
Eligibility Decision (RED) for the
pesticide chloroneb. The Agency’s risk
assessments and other related
documents are also available in the
chloroneb docket. Chloroneb (1,4dichloro-2,5-dimethoxybenzene) is a
systemic fungicide currently registered
for seed treatment uses on beans
(including cowpeas), cotton, lupine,
soybeans, and sugar beets to protect
against a variety of diseases such as seed
rot, damping-off, blights, and other
seedling diseases. Chloroneb is also
registered on golf course and turf
grasses, as well as ornamental plants to
control blights. EPA has reviewed
chloroneb through the public
participation process that the Agency
uses to involve the public in developing
pesticide reregistration and tolerance
reassessment decisions. Through these
programs, EPA is ensuring that all
pesticides meet current health and
safety standards.
FOR FURTHER INFORMATION CONTACT:
Wilhelmena Livingston, Special Review
and Reregistration Division (7508C),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–8025; fax number: (703) 308–
8041; e-mail address:
livingston.wilhelmena@epa.gov.
SUPPLEMENTARY INFORMATION:
II. Background
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public
in general, and may be of interest to a
wide range of stakeholders including
environmental, human health, and
agricultural advocates; the chemical
industry; pesticide users; and members
of the public interested in the sale,
distribution, or use of pesticides. Since
others also may be interested, the
Agency has not attempted to describe all
the specific entities that may be affected
by this action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
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B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established an
official public docket for this action
under docket identification (ID) number
OPP–2004–0369. The official public
docket consists of the documents
specifically referenced in this action,
any public comments received, and
other information related to this action.
Although a part of the official docket,
the public docket does not include
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. The official public
docket is the collection of materials that
is available for public viewing at the
Public Information and Records
Integrity Branch (PIRIB), Rm. 119,
Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA. This docket facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The docket 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/.
An electronic version of the public
docket is available through EPA’s
electronic public docket and comment
system, EPA Dockets. You may use EPA
Dockets at https://www.epa.gov/edocket/
to view public comments, access the
index listing of the contents of the
official public docket, and to access
those documents in the public docket
that are available electronically.
Although not all docket materials may
be available electronically, you may still
access any of the publicly available
docket materials through the docket
facility identified in Unit I.B.1. Once in
the system, select ‘‘search,’’ then key in
the appropriate docket ID number.
A. What Action is the Agency Taking?
Under section 4 of the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA), EPA is reevaluating
existing pesticides to ensure that they
meet current scientific and regulatory
standards. EPA has completed a
Reregistration Eligibility Decision (RED)
for the pesticide, chloroneb under
section 4(g)(2)(A) of FIFRA. The Agency
has conducted human health and
ecological risk assessments for
chloroneb for the purposes of making a
reregistration decision. The Agency has
concluded its reregistration eligibility
decision for chloroneb and determined
that the chemical is eligible for
reregistration provided that: (1) Current
E:\FR\FM\16NON1.SGM
16NON1
Agencies
[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Notices]
[Pages 69551-69554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22615]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0265; FRL-7746-4]
Dicloran Risk Assessments; Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of EPA's risk
assessment(s), and related documents for the nitroanaline pesticide
dicloran, and opens a public comment period on these documents. The
public is encouraged to suggest risk management ideas or proposals to
address the risks identified. EPA is developing a Reregistration
Eligibility Decision (RED) for dicloran through a modified, 4-Phase
public participation process that the Agency uses to involve the public
in developing pesticide reregistration and tolerance reassessment
decisions. Through these programs, EPA is ensuring that all pesticides
meet current health and safety standards.
DATES: Comments, identified by docket identification (ID) number OPP-
2005-0265, must be received on or before January 17, 2006.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in
[[Page 69552]]
Unit I. of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Patrick Dobak, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8180; fax
number: (703) 308-8041; e-mail address: dobak.pat@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. 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. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket ID number OPP-2005-0265. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall 2, 1801 S. Bell St., Arlington, VA. This docket
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The docket 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/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at https://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at https://www.epa.gov/
edocket/, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPP-2005-0265. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by e-mail to opp-docket@epa.gov,
Attention: Docket ID Number OPP-2005-0265. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access''
[[Page 69553]]
system. If you send an e-mail comment directly to the docket without
going through EPA's electronic public docket, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket, and made
available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2005-0265.
3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
Number OPP-2005-0265. Such deliveries are only accepted during the
docket's normal hours of operation as identified in Unit I.B.1.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
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 CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any 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 and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful if you provided the name, date, and Federal
Register citation related to your comments.
II. Background
A. What Action is the Agency Taking?
EPA is releasing for public comment its human health and
environmental fate and effects risk assessments and related documents
for dicloran, and soliciting public comment on risk management ideas or
proposals. Dicloran is a contact fungicide used on a broad variety of
fruits, vegetables, nuts and ornamental plants. EPA developed the risk
assessments and risk characterization for dicloran through a modified
version of its public process for making pesticide reregistration
eligibility and tolerance reassessment decisions. Through these
programs, EPA is ensuring that pesticides meet current standards under
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the
Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food
Quality Protection Act of 1996 (FQPA).
Dicloran is a fungicide registered for use on apricots, celery,
cucumbers, endive, fennel, florence, garlic, grapes, lettuce,
nectarines, onions, peaches, plums, potatoes, prunes, rhubarb,
shallots, snap beans, sweet cherries, and sweet potatoes. The chief
uses are on celery and lettuce. Along with pre-harvest uses, dicloran
may also be applied post- harvest to fruits, carrots and sweet
potatoes. In addition, it may be applied to ornamental plants in
nursery settings. These crops consist of chrysanthemums, geraniums,
roses, gladiolus, hydrangeas and conifers. There are no residential
dicloran uses.
EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessments for dicloran. Such comments and input could address, for
example, the availability of additional information to further refine
the risk assessments, such as the pesticide degradation properties,
residue decline (after application) information, human exposure
information including incidents, and chronic ecotoxicity data to plants
and animals, or could address the Agency's risk assessment
methodologies and assumptions as applied to this specific pesticide.
Through this notice, EPA also is providing an opportunity for
interested parties to provide risk management proposals or otherwise
comment on risk management for dicloran. Risks of concern associated
with the use of dicloran are: Chronic risks to mixers, loaders, and
applicators for the crops with the highest potential seasonal
application rates. These crops include celery, potatoes, florence, and
fennel. Risks to agricultural workers re-entering treated areas for
several crop groups are also identified, particularly for cut flowers
and potted plants. Potential ecological risks identified included
freshwater and estuarine/marine fish and amphibians, birds and
reptiles, and mammals. Chronic risks to freshwater and estuarine/marine
fish and invertebrates as well as aquatic vascular and nonvascular
plants, and terrestrial and semi-aquatic plants could not be assessed
because of a lack of data. In targeting these risks of concern, the
Agency solicits information on effective and practical risk reduction
measures.
EPA seeks to achieve environmental justice, the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income, 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, unusually high exposure to dicloran, compared to the
general population.
EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance
[[Page 69554]]
reassessment. The Agency's Pesticide Tolerance Reassessment and
Reregistration; Public Participation Process, published in the Federal
Register on May 14, 2004, (69 FR 26819)(FRL-7357-9) explains that in
conducting these programs, the Agency is tailoring its public
participation process to be commensurate with the level of risk, extent
of use, complexity of the issues, and degree of public concern
associated with each pesticide. For dicloran, a modified, 4-Phase
process with one comment period and ample opportunity for public
consultation seems appropriate in view of its limited use, and few
complex issues. However, if as a result of comments received during
this comment period EPA finds that additional issues warranting further
discussion are raised, the Agency may lengthen the process and include
a second comment period, as needed.
All comments should be submitted using the methods in Unit I. of
the SUPPLEMENTARY INFORMATION, and must be received by EPA on or before
the closing date. Comments will become part of the Agency Docket for
dicloran. Comments received after the close of the comment period will
be marked ``late.'' EPA is not required to consider these late
comments.
B. What is the Agency's Authority for Taking this Action?
Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''
Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to
review tolerances and exemptions for pesticide residues in effect as of
August 2, 1996, to determine whether the tolerance or exemption meets
the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review
is to be completed by August 3, 2006.
List of Subjects
Environmental protection, Pesticides and pests.
November 7, 2005.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 05-22615 Filed 11-15-05; 8:45 am]
BILLING CODE 6560-50-S