Coppers Risk Assessments; Notice of Availability and Risk Reduction Options, 4133-4135 [E6-915]
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Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices
Section 104 of FQPA (Public Law
104–170) established the FQPA Science
Review Board (SRB). These scientists
shall be available to FIFRA SAP on an
ad hoc basis to assist in reviews
conducted by FIFRA SAP.
B. Public Meeting
The FIFRA SAP will meet to consider
and review human health and
environmental issues associated with
the Modified Cry3A protein in corn.
Syngenta Seeds has submitted
applications for FIFRA section 3
registrations of the plant-incorporated
protectant (PIP) Modified Cry3A
(mCry3A) protein and the genetic
material necessary for its production
(via elements of pZM26) in Event
MIR604 corn SYN–IR604–8. This
product is intended to provide
protection from western, northern, and
Mexican corn rootworm larvae.
The data submitted and cited
regarding potential health effects for the
mCry3A protein include the
characterization of the expressed
mCry3A protein in corn, acute oral
toxicity, in vitro digestibility, and amino
acid homology determinations with
known toxins and allergens.
The data submitted and cited
regarding potential environmental
effects for the mCry3A protein include
non-target insects (honey bee, lady
beetle, Carabid, Rove beetle, and Orius),
earthworm, Bobwhite quail, chicken,
and trout studies; as well as soil
degradation studies.
wwhite on PROD1PC61 with NOTICES
C. FIFRA SAP Documents and Meeting
Minutes
EPA’s position paper, charge/
questions to FIFRA SAP, FIFRA SAP
composition (i.e., members and
consultants for this meeting), and the
meeting agenda will be available by
mid-February 2006. In addition, the
Agency may provide additional
background documents as the materials
become available. You may obtain
electronic copies of these documents,
and certain other related documents that
might be available electronically, from
the regulations.gov website and the
FIFRA SAP homepage at https://
www.epa.gov/scipoly/sap.
The FIFRA SAP will prepare meeting
minutes summarizing its
recommendations to the Agency in
approximately 90 days after the
meeting. The meeting minutes will be
posted on the FIFRA SAP website or
may be obtained by contacting the PIRIB
at the address or telephone number
listed under ADDRESSES.
VerDate Aug<31>2005
18:26 Jan 24, 2006
Jkt 208001
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: January 19, 2006.
Clifford J. Gabriel,
Director, Office of Science Coordination and
Policy.
[FR Doc. E6–930 Filed 1–24–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA-HQ-OPP–2005–0558; FRL–7758–5]
Coppers Risk Assessments; Notice of
Availability and Risk Reduction
Options
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
availability of EPA’s risk assessments
and related documents for coppercontaining pesticides, hereon referred to
as coppers, 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 coppers 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 must be received on
or before March 27, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2005–0558, by
one of the following methods:
• https://www.regulations.gov/. Follow
the on-line instructions for submitting
comments.
• E-mail: opp-docket@epa.gov.
• Mail: Public Information and
Records Integrity Branch (PIRIB)
(7502C), Office of Pesticide Programs
(OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001.
Hand Delivery: Public Information
and Records Integrity Branch (PIRIB)
(7502C), Office of Pesticide Programs
(OPP), Environmental Protection
Agency, Rm. 119, Crystal Mall #2, 1801
S. Bell St., Arlington, VA, Attention:
Docket ID number EPA–HQ–OPP–2005–
0558. The docket facility is open from
8:30 a.m. to 4 p.m., Monday through
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
4133
Friday, excluding legal holidays. The
telephone number for the docket facility
is (703) 305–5805. Such deliveries are
only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
docket ID number EPA –HQ–OPP–
2005–0558. EPA’s policy is that all
comments received will be included in
the public 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 captured automatically and
included as part of the comment that is
placed in the public 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. Those
who intend to submit electronic files
should avoid the use of special
characters, any form of encryption, and
ensure the files are free of any defects
or viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/docket.htm/.
Docket: All documents in the docket
are listed in the regulation.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically at https://
www.regulations.gov/ or in hard copy at
the Public Information and Records
Integrity Branch (PIRIB) (7502C), Office
of Pesticide Programs (OPP),
Environmental Protection Agency, Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA. The docket facility is
E:\FR\FM\25JAN1.SGM
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Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
docket facility is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Rosanna Louie, Special Review and
Reregistration Division (7508C), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, D.C. 20460–
0001; telephone number: (703) 308–
0037; fax number: (703) 308–8005; email address: louie.rosanna@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
wwhite on PROD1PC61 with NOTICES
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. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
www.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
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.
VerDate Aug<31>2005
18:26 Jan 24, 2006
Jkt 208001
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.
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 copper pesticides,
and soliciting public comment
including additional use information
and risk management ideas or
proposals. Copper pesticides are
extensively used on a wide range of
agricultural crops, and for other
conventional and antimicrobial uses.
EPA developed the risk assessments and
risk characterization for coppers
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).
Coppers are used on a variety of
agricultural sites, including food (fruits,
vegetables and nuts) and ornamental
crops to manage fungal diseases, and on
aquatic sites as an herbicide, algaecide
and molluscicide. These chemicals are
also used in antimicrobial applications
as an anti-foulant, wood preservative,
and bactericide. Both conventional and
antimicrobial uses of copper are
addressed in the human health risk
assessment. However, the ecological risk
assessment only addresses conventional
uses; the Agency will address
antimicrobial applications of coppers in
a separate document at a later date. The
Agency’s ecological risk assessment
identified risks of concern due to high
estimates of copper exposure to the
environment and other information.
Because limited information is available
on actual use and usage of copper
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
pesticides, many conservative
assumptions were made in the
ecological exposure assessment. The
ecological assessment presents current
maximum labeled application and use
rates; however, it is expected that actual
usage may be less and the Agency is
interested in receiving actual use
pattern information to help refine the
risk assessment.
Through this notice, EPA is providing
an opportunity for interested parties to
provide risk management proposals or
otherwise comment on risk management
for coppers. Such comments and input
could address, for example, the
availability of additional data to further
refine the risk assessments, or could
address the Agency’s risk assessment
methodologies and assumptions as
applied to this specific pesticide. EPA is
seeking public comment for data
refinement or mitigation proposals for
risk estimates of concern identified in
EPA’s risk assessments. In particular,
the Agency is seeking refined use
information for all conventional uses of
copper that may help to refine
ecological exposure estimates, such as:
current use rates on its respective crops;
timing and locations of applications;
and equipment used. Mitigation
proposals for current use patterns will
be helpful if new information does not
refine risk estimates.
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
coppers, compared to the general
population.
EPA is applying the principles of
public participation to all pesticides
undergoing reregistration and tolerance
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 coppers, a modified, 4–Phase
process with 1 comment period and
ample opportunity for public
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Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices
consultation seems appropriate in view
of the risk 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
consider an additional comment period,
as needed.
All comments should be submitted
using the methods in ADDRESSES, and
must be received by EPA on or before
the closing date. Comments will become
part of the Agency Docket for coppers.
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 enduse 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.
Dated: January 17, 2006.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E6–915 Filed 1–24–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
wwhite on PROD1PC61 with NOTICES
[EPA-HQ-OPP–2005–0320; FRL–7750–4]
Notice of Filing of a Pesticide Petition
for the Establishment of an Exemption
from the Requirement of a Tolerance
for Residues of C9 Rich Aromatic
Hydrocarbon Fluid (Aromatic 100
Fluid) in or on Food Commodities
When Used as an Inert Ingredient in
Pesticide Products
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
VerDate Aug<31>2005
18:26 Jan 24, 2006
Jkt 208001
SUMMARY: This notice announces the
initial filing of a pesticide petition
proposing the establishment of an
exemption from the requirement of a
tolerance for residues of C9 rich
aromatic hydrocarbon fluid (Aromatic
100 Fluid) in or on food commodities
when used as an inert ingredient in
pesticide products.
DATES: Comments must be received on
or before February 24, 2006.
ADDRESSES: Comments, identified by
docket identification (ID) number EPAHQ-OPP–2005–0320 and pesticide
petition (PP) number 4E6935, may be
submitted electronically, by mail, or
through hand delivery or courier.
Follow the detailed instructions as
provided in Unit I. of the
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Bipin Gandhi, Registration Division
(7505C), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington
DC 20460–0001; telephone number:
(703) 308–8380; e-mail address:
gandhi.bipin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you 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. 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 EPA-HQ-OPP–
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
4135
2005–0320. 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 document electronically through
the EPA Internet under the ‘‘Federal
Register’’ listings at https://
www.epa.gov/fedrgstr/.
EDOCKET, EPA’s electronic public
docket and comment system was
replaced on November 25, 2005, by an
enhanced Federal-wide electronic
docket management and comment
system located at https://
www.regulations.gov/. Follow the online instructions.
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, to
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.
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
E:\FR\FM\25JAN1.SGM
25JAN1
Agencies
[Federal Register Volume 71, Number 16 (Wednesday, January 25, 2006)]
[Notices]
[Pages 4133-4135]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-915]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0558; FRL-7758-5]
Coppers Risk Assessments; Notice of Availability and Risk
Reduction Options
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of EPA's risk
assessments and related documents for copper-containing pesticides,
hereon referred to as coppers, 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 coppers 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 must be received on or before March 27, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0558, by one of the following methods:
https://www.regulations.gov/. Follow the on-line
instructions for submitting comments.
E-mail: opp-docket@epa.gov.
Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
Hand Delivery: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-2005-0558. The
docket facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the docket
facility is (703) 305-5805. Such deliveries are only accepted during
the Docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA -HQ-OPP-
2005-0558. EPA's policy is that all comments received will be included
in the public 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 captured automatically and included as part
of the comment that is placed in the public 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. Those who
intend to submit electronic files should avoid the use of special
characters, any form of encryption, and ensure the files are free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/docket.htm/.
Docket: All documents in the docket are listed in the
regulation.gov index. Although listed in the index, some information is
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically at
https://www.regulations.gov/ or in hard copy at the Public Information
and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA. The docket facility is
[[Page 4134]]
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the docket facility is (703) 305-
5805.
FOR FURTHER INFORMATION CONTACT: Rosanna Louie, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, D.C. 20460-0001; telephone number: (703) 308-0037; fax
number: (703) 308-8005; e-mail address: louie.rosanna@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. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
www.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 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.
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 copper pesticides, and soliciting public comment including
additional use information and risk management ideas or proposals.
Copper pesticides are extensively used on a wide range of agricultural
crops, and for other conventional and antimicrobial uses. EPA developed
the risk assessments and risk characterization for coppers 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).
Coppers are used on a variety of agricultural sites, including food
(fruits, vegetables and nuts) and ornamental crops to manage fungal
diseases, and on aquatic sites as an herbicide, algaecide and
molluscicide. These chemicals are also used in antimicrobial
applications as an anti-foulant, wood preservative, and bactericide.
Both conventional and antimicrobial uses of copper are addressed in the
human health risk assessment. However, the ecological risk assessment
only addresses conventional uses; the Agency will address antimicrobial
applications of coppers in a separate document at a later date. The
Agency's ecological risk assessment identified risks of concern due to
high estimates of copper exposure to the environment and other
information. Because limited information is available on actual use and
usage of copper pesticides, many conservative assumptions were made in
the ecological exposure assessment. The ecological assessment presents
current maximum labeled application and use rates; however, it is
expected that actual usage may be less and the Agency is interested in
receiving actual use pattern information to help refine the risk
assessment.
Through this notice, EPA is providing an opportunity for interested
parties to provide risk management proposals or otherwise comment on
risk management for coppers. Such comments and input could address, for
example, the availability of additional data to further refine the risk
assessments, or could address the Agency's risk assessment
methodologies and assumptions as applied to this specific pesticide.
EPA is seeking public comment for data refinement or mitigation
proposals for risk estimates of concern identified in EPA's risk
assessments. In particular, the Agency is seeking refined use
information for all conventional uses of copper that may help to refine
ecological exposure estimates, such as: current use rates on its
respective crops; timing and locations of applications; and equipment
used. Mitigation proposals for current use patterns will be helpful if
new information does not refine risk estimates.
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 coppers, compared to the
general population.
EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance 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 coppers, a modified, 4-Phase process with 1 comment
period and ample opportunity for public
[[Page 4135]]
consultation seems appropriate in view of the risk 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 consider an additional comment period, as needed.
All comments should be submitted using the methods in ADDRESSES,
and must be received by EPA on or before the closing date. Comments
will become part of the Agency Docket for coppers. 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.
Dated: January 17, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-915 Filed 1-24-06; 8:45 am]
BILLING CODE 6560-50-S