Phytophthora Palmivora (MWV) and Methyl Salicylate; Reregistration Eligibility Decision; Notice of Availability, 36789-36792 [06-5855]
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Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Notices
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.
jlentini on PROD1PC65 with NOTICES
II. Background
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, permethrin under
section 4(g)(2)(A) of FIFRA. Permethrin
is part of the pyrethroid class of
pesticides and was first registered in
1979. It is a broad spectrum, nonsystemic, synthetic pyrethroid
insecticide, and is registered for use on
numerous food/feed crops, livestock
and livestock housing, modes of
transportation, structures, buildings,
Public Health Mosquito abatement
programs, numerous indoor and outdoor
residential spaces, pets, and clothing.
EPA has determined that the data base
to support reregistration is substantially
complete and that products containing
permethrin are eligible for
reregistration, provided the risks are
mitigated either in the manner
described in the RED or by another
means that achieves equivalent risk
reduction. Upon submission of any
required product specific data under
section 4(g)(2)(B) and any necessary
changes to the registration and labeling
(either to address concerns identified in
the RED or as a result of product
specific data), EPA will make a final
reregistration decision under section
4(g)(2)(C) for products containing
permethrin.
EPA must review tolerances and
tolerance exemptions that were in effect
when the Food Quality Protection Act
(FQPA) was enacted in August 1996, to
ensure that these existing pesticide
residue limits for food and feed
commodities meet the safety standard
established by the new law. Tolerances
are considered reassessed once the
safety finding has been made or a
revocation occurs. EPA has reviewed
and made the requisite safety finding for
the permethrin tolerances included in
this notice.
Although the permethrin RED was
signed on April 6, 2006, certain
components of the document, which did
not affect the final regulatory decision,
were undergoing final editing at that
time. These components, including the
list of additional generic data
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requirements, summary of labeling
changes, appendices, and other relevant
information, have been added to the
permethrin RED document. None of
these additions alter the conclusions
documented in the April 6, 2006,
permethrin RED.
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, EPA is
tailoring its public participation process
to be commensurate with the level of
risk, extent of use, complexity of issues,
and degree of public concern associated
with each pesticide. Due to its uses,
risks, and other factors, permethrin was
reviewed through the modified 4-Phase
process. Through this process, EPA
worked extensively with stakeholders
and the public to reach the regulatory
decisions for permethrin.
The reregistration program is being
conducted under Congressionally
mandated time frames, and EPA
recognizes the need both to make timely
decisions and to involve the public. The
Agency is issuing the permethrin RED
for public comment. This comment
period is intended to provide an
additional opportunity for public input
and a mechanism for initiating any
necessary amendments to the RED. All
comments should be submitted using
the methods in ADDRESSES, and must be
received by EPA on or before the closing
date. These comments will become part
of the Agency Docket for permethrin.
Comments received after the close of the
comment period will be marked ‘‘late.’’
EPA is not required to consider these
late comments.
The Agency will carefully consider all
comments received by the closing date
and will provide a Response to
Comments Memorandum in the Docket
and regulations.gov. If any comment
significantly affects the document, EPA
also will publish an amendment to the
RED in the Federal Register. In the
absence of substantive comments
requiring changes, the permethrin RED
will be implemented as it is now
presented.
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
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36789
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 Federal Food,
Drug, and Cosmetic Act (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: June 15, 2006.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. 06–5853 Filed 6–27–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2006–0490; FRL–8072–5]
Phytophthora Palmivora (MWV) and
Methyl Salicylate; Reregistration
Eligibility Decision; Notice of
Availability
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
availability of EPA’s Reregistration
Eligibility Decision (RED) for the
pesticide Phytophthora palmivora
(MWV) and methyl salicylate, and
opens a public comment period on this
document. The Agency’s risk
assessments and other related
documents also are available in the
Phytophthora palmivora MWV and
methyl salicylate Docket. Phytophthora
palmivora MWV is expected to control
milk weed vine in citrus groves in
certain counties of Florida. Methyl
salicylate is a biochemical insect and
animal repellent. EPA has reviewed
Phytophthora palmivora MWV and
methyl salicylate 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.
DATES: Comments must be received on
or before July 28, 2006.
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36790
Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Notices
Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2006–0490, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460-0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S-4400, One
Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
Docket telephone number is (703) 3055805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2006–
0490. EPA’s policy is that all comments
received will be included in the 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 Federal 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 email address will be automatically
captured and included as part of the
comment that is placed in the docket
and made available on the Internet. If
you submit an electronic comment, EPA
recommends that you include your
name and 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.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the docket index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
jlentini on PROD1PC65 with NOTICES
ADDRESSES:
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information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either in the
electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400,
One Potomac Yard (South Building),
2777 S. Crystal Drive, Arlington, VA.
The hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT:
Shanaz Bacchus for Phytophthora
palmivora (telephone number: (703)
308-8097) and Richard King (telephone
number: (703) 308-8052) for Methyl
salicylate, Biopesticides and Pollution
Prevention Division (7511P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460-0001; fax number: (703) 3087026; e-mail addresses:
bacchus.shanaz@epa.gov, and
king.richard@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
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
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contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the document by docket ID
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions. The Agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
II. Background
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 pesticides, Phytophthora
palmivora MWV and methyl salicylate
under section 4(g)(2)(A) of FIFRA.
Below is a summary of each case:
1. Phytophthora palmivora. MWVCase 4105 (PC Code 111301).
Phytophthora palmivora MWV is a
fungus that controls milk weed vine in
citrus groves by attacking their roots. It
is a plant pathogen that is very specific
for this target plant pest and occurs
naturally in Florida in the counties for
which it is labeled. The active
ingredient, P. palmivora, was registered
in 1981 by Abbott Laboratories but was
transferred on April 29, 2000, to Valent
BioSciences Corporation who still holds
the registration. Valent’s label for
Devine Biological Herbicide indicates
that the product is for use on citrus
groves in Florida only and ‘‘do not use
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jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Notices
in Clay, Gulf, Liberty, or Gadsden
counties.’’ It is to be applied
approximately once every two years. It
is considered in Toxicity Category IV
based on acute toxicology tests in
mammalian systems as described in the
RED. No hypersensitivity incidents have
been reported in association with the
use of this pesticide. This fungal active
ingredient is not expected to harm
human adults, infants and children via
dietary, non-dietary, aggregate,
occupational, residential and
cumulative exposures. The exemption
from tolerance was reassessed and the
database complies with the Food
Quality Protection Act of 1996. The
pesticide is not to be used in counties
where susceptible endangered species
are found. No harm is expected to
human health and the environment
including birds, beneficial insects,
aquatic and other non-target terrestrial
organisms, and wildlife. There is a ‘‘not
likely to adversely affect’’ (NLAA)
endangered species determination when
the labeling excludes applications in
counties where endangered plants may
be found.
2. Methyl salicylate. Case 4080 (PC
Code 076601). Methyl salicylate is a
biochemical insect and animal
repellant. Methyl salicylate was first
registered in 1972 for use as an animal
repellent in impregnated twist tabs hung
on plants to repel dogs and cats from
flower gardens. In 1996, the Agency
registered methyl salicylate as an insect
repellent to be used as a constituent of
food and feed packaging material to
repel insects in stored commodities (e.g.
Indian meal moths). This registration is
considered to be a ‘‘food use’’, since it
entails use in stored food commodities
which necessitated the establishment of
an exemption from the requirements of
a tolerance (Refer to 40 CFR 180.1189).
The active ingredient methyl salicylate
is considered to be a low toxicity
biochemical (toxicity categories III and
IV) as described in the RED on the basis
of toxicological mammalian tests for
acute oral, dermal effects and primary
eye and skin irritations. No reported
incidents of hypersensitivity have been
reported to the Agency. In fact, methyl
salicylate has a long history of use in
consumer products as a counterirritant
and as an analgesic in the treatment and
temporary management of aching and
painful muscles and joints. Methyl
salicylate is also used in suntan lotions
as an UV-absorber, and in perfumery as
a modifier of blossom fragrances.
Because of its use patterns, as twist tabs
in flower gardens and a constituent of
food packaging, methyl salicylate is not
expected to harm aquatic or terrestrial
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Jkt 208001
non-target birds, fish, beneficial insects
or plants or the environment. The data
base supporting the RED complies with
the Food Quality Protection Act of 1996.
No harm is expected to human adults,
infants, and children from dietary, nondietary, aggregate, residential and
occupational and cumulative exposure
when this biochemical pesticide is used
as labeled.
EPA has determined that the data base
to support reregistration is substantially
complete and that products containing
Phytophthora palmivora MWV and
methyl salicylate are eligible for
reregistration depending on their
specific uses, provided the risks are
mitigated either in the manner
described in the RED or by another
means that achieves equivalent risk
reduction. Upon submission of any
required product specific data under
section 4(g)(2)(B) and any necessary
changes to the registration and labeling
(either to address concerns identified in
the RED or as a result of product
specific data), EPA will make a final
reregistration decision under section
4(g)(2)(C) for products containing
Phytophthora palmivora MWV and
methyl salicylate.
EPA must review tolerances and
tolerance exemptions that were in effect
when the Food Quality Protection Act
(FQPA) was enacted in August 1996, to
ensure that these existing pesticide
residue limits for food and feed
commodities meet the safety standard
established by the new law. Tolerances
are considered reassessed once the
safety finding has been made or a
revocation occurs. EPA has reviewed
and made the requisite safety finding for
the Phytophthora palmivora MWV and
methyl salicylate exemptions from
tolerances included in this notice.
Although the Phytophthora palmivora
MWV and Methyl salicylate REDs were
signed on March 1, 2006, and
September 22, 2005, respectively,
certain components of the document,
which did not affect the final regulatory
decision, were undergoing final editing
at that time. These components,
including the list of additional generic
data requirements, summary of labeling
changes, appendices, and other relevant
information, have been added to the
Phytophthora palmivora MWV and
methyl salicylate RED document. In
addition, subsequent to signature, EPA
identified several minor errors and
ambiguities in the document. Therefore,
for the sake of accuracy, the Agency also
has included the appropriate error
corrections, amendments, and
clarifications. None of these additions or
changes alter the conclusions
documented in the March 1, 2006,
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36791
Phytophthora palmivora MWV and
September 22, 2005, methyl salicylate
RED. All of these changes are described
in detail in an errata memorandum
which is included in the public docket
for Phytophthora palmivora MWV and
methyl salicylate
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, EPA is
tailoring its public participation process
to be commensurate with the level of
risk, extent of use, complexity of issues,
and degree of public concern associated
with each pesticide. Due to its uses,
risks, and other factors, Phytophthora
palmivora MWV and methyl salicylate
was reviewed through the full 6-Phase
or modified 4-Phase process. Through
this process, EPA worked extensively
with stakeholders and the public to
reach the regulatory decisions for
Phytophthora palmivora MWV and
methyl salicylate.
The reregistration program is being
conducted under Congressionally
mandated time frames, and EPA
recognizes the need both to make timely
decisions and to involve the public. The
Agency is issuing the Phytophthora
palmivora MWV and methyl salicylate
RED for public comment. This comment
period is intended to provide an
additional opportunity for public input
and a mechanism for initiating any
necessary amendments to the RED. All
comments should be submitted using
the methods in ADDRESSES, and must be
received by EPA on or before the closing
date. These comments will become part
of the Agency Docket for Phytophthora
palmivora MWV and methyl salicylate.
Comments received after the close of the
comment period will be marked ‘‘late.’’
EPA is not required to consider these
late comments.
The Agency will carefully consider all
comments received by the closing date
and will provide a Response to
Comments Memorandum in the Docket
and regulations.gov. If any comment
significantly affects the document, EPA
also will publish an amendment to the
RED in the Federal Register. In the
absence of substantive comments
requiring changes, the Phytophthora
palmivora MWV and methyl salicylate
RED will be implemented as it is now
presented.
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Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Notices
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 Federal Food,
Drug, and Cosmetic Act (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 Agency review is to be completed
by August 3, 2006. EPA has reviewed
and made the requisite safety finding for
the exemptions from tolerances for the
following pesticides: Phytophthora
palmivora MWV and the biochemical
pesticide methyl salicylate included in
this notice. The exemptions from
tolerances for these two biopesticides
comply with the requirements of FQPA.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: June 16, 2006.
Janet L. Andersen,
Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
[FR Doc. 06–5855 Filed 6–27–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2006–0368; FRL–8073–3]
Notice of Filing of a Pesticide Petition
for Establishment of an Exemption
from the Requirement of Tolerances
for Residues of Acetic Acid Ethenyl
Ester, Polymer with 1-Ethenyl-2Pyrrolidinone in or on Various Food
Commodities; Correction
Environmental Protection
Agency (EPA).
ACTION: Notice; technical correction.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: EPA issued a notice in the
Federal Register of May 31, 2006,
concerning the initial filing of a
pesticide petition proposing the
establishment of an exemption from the
requirement of tolerances for residues of
poly (2-ethylhexyl acrylate/2hydroxyethyl acrylate/N-
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16:52 Jun 27, 2006
Jkt 208001
(hydroxymethyl)-2-methylacrylamide/
methacrylic acid/methyl methacrylate/
styrene, ammonium salt in or on various
food commodities. This document is
being issued to correct the chemical
name and the petitioner’s name.
FOR FURTHER INFORMATION CONTACT:
Bipin Gandhi, Registration Division
(7505P), 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?
The Agency included in the notice a
list of those who may be potentially
affected by this action. If you have
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 a
docket for this action under docket
identification (ID) number EPA–HQ–
OPPT–2006–0368. Publicly available
docket materials are available either in
the electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S-4400, One
Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA. The hours
of operation of the Docket Facility are
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/.
II. What Does this Correction Do?
FR Doc. E6–8145 published in the
Federal Register of May 31, 2006 (71 FR
30919) (FRL–8068–9) is corrected as
follows:
1. On page 30919, in the third
column, the heading should read as set
forth at the beginning of this document.
2. On the same page, same column,
under SUMMARY, in the fifth line, the
chemical name ‘‘poly (2–ethylhexyl
acrylate/2–hydroxyethyl acrylate/N–
(hydroxymethyl)–2–methylacrylamide/
methacrylic acid/methyl methacrylate/
styrene, ammonium salt’’ should read
‘‘acetic acid ethenyl ester, polymer with
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Fmt 4703
Sfmt 4703
1–ethenyl–2–pyrrolidinone (or acetic
acid vinyl ester, polymer with 1–vinyl
–2–pyrrolidinone) (CAS Reg. No.
25086–89–9)’’.
3. On page 30921, in the first column,
under New Exemption for Tolerance,
beginning in the first line, ‘‘E. I. DuPont
de Nemours & Company, Inc. , 1007
Market St., Wilmington, DE 19898’’
should read ‘‘BASF Corporation, 100
Campus Drive, Florham Park, NJ
07932’’.; and beginning in the sixth line,
the chemical name ‘‘poly (2–ethylhexyl
acrylate/2–hydroxyethyl acrylate/N–
(hydroxymethyl)–2–methylacrylamide/
methacrylic acid/methyl methacrylate/
styrene, ammonium salt’’ should read
‘‘acetic acid ethenyl ester, polymer with
1–ethenyl–2–pyrrolidinone (or acetic
acid vinyl ester, polymer with 1–vinyl
–2–pyrrolidinone) (CAS Reg. No.
25086–89–9)’’.
List of Subjects
Environmental protection,
Agricultural commodities, Feed
additives, Food Additives, Pesticides
and pests, Reporting and recording
keeping requirements.
Dated: June 16, 2006.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. 06–5859 Filed 6–27–06; 8:45 am]
BILLING CODE 6560–50–S
EXPORT-IMPORT BANK OF THE
UNITED STATES
Economic Impact Policy
This notice is to inform the public
that the Export-Import Bank of the
United States has received an
application to finance the export of an
electron beam furnace to Japan valued at
approximately $16 million. The furnace
will be fully installed in 2007 and will
be used to generate an additional 7,000
metric tons per year of commercial
grade titanium ingot. Available
information indicates that this new
production will be consumed in Japan.
Interested parties may submit comments
on this transaction by e-mail to
economic.impact@exim.gov or by mail
to 811 Vermont Avenue, NW., Room
1238, Washington, DC 20571, within 14
days of the date this notice appears in
the Federal Register.
Helene S. Walsh,
Director, Policy Oversight and Review.
[FR Doc. 06–5835 Filed 6–27–06; 8:45 am]
BILLING CODE 6690–01–P
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Agencies
[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Notices]
[Pages 36789-36792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5855]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2006-0490; FRL-8072-5]
Phytophthora Palmivora (MWV) and Methyl Salicylate;
Reregistration Eligibility Decision; Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (RED) for the pesticide Phytophthora palmivora
(MWV) and methyl salicylate, and opens a public comment period on this
document. The Agency's risk assessments and other related documents
also are available in the Phytophthora palmivora MWV and methyl
salicylate Docket. Phytophthora palmivora MWV is expected to control
milk weed vine in citrus groves in certain counties of Florida. Methyl
salicylate is a biochemical insect and animal repellent. EPA has
reviewed Phytophthora palmivora MWV and methyl salicylate 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.
DATES: Comments must be received on or before July 28, 2006.
[[Page 36790]]
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0490, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0490. EPA's policy is that all comments received will be included
in the 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 Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and 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. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at https://
www.regulations.gov, or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket Facility telephone number
is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Shanaz Bacchus for Phytophthora
palmivora (telephone number: (703) 308-8097) and Richard King
(telephone number: (703) 308-8052) for Methyl salicylate, Biopesticides
and Pollution Prevention Division (7511P), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; fax
number: (703) 308-7026; e-mail addresses: bacchus.shanaz@epa.gov, and
king.richard@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
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
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?
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
pesticides, Phytophthora palmivora MWV and methyl salicylate under
section 4(g)(2)(A) of FIFRA.
Below is a summary of each case:
1. Phytophthora palmivora. MWV- Case 4105 (PC Code 111301).
Phytophthora palmivora MWV is a fungus that controls milk weed vine in
citrus groves by attacking their roots. It is a plant pathogen that is
very specific for this target plant pest and occurs naturally in
Florida in the counties for which it is labeled. The active ingredient,
P. palmivora, was registered in 1981 by Abbott Laboratories but was
transferred on April 29, 2000, to Valent BioSciences Corporation who
still holds the registration. Valent's label for Devine Biological
Herbicide indicates that the product is for use on citrus groves in
Florida only and ``do not use
[[Page 36791]]
in Clay, Gulf, Liberty, or Gadsden counties.'' It is to be applied
approximately once every two years. It is considered in Toxicity
Category IV based on acute toxicology tests in mammalian systems as
described in the RED. No hypersensitivity incidents have been reported
in association with the use of this pesticide. This fungal active
ingredient is not expected to harm human adults, infants and children
via dietary, non-dietary, aggregate, occupational, residential and
cumulative exposures. The exemption from tolerance was reassessed and
the database complies with the Food Quality Protection Act of 1996. The
pesticide is not to be used in counties where susceptible endangered
species are found. No harm is expected to human health and the
environment including birds, beneficial insects, aquatic and other non-
target terrestrial organisms, and wildlife. There is a ``not likely to
adversely affect'' (NLAA) endangered species determination when the
labeling excludes applications in counties where endangered plants may
be found.
2. Methyl salicylate. Case 4080 (PC Code 076601). Methyl salicylate
is a biochemical insect and animal repellant. Methyl salicylate was
first registered in 1972 for use as an animal repellent in impregnated
twist tabs hung on plants to repel dogs and cats from flower gardens.
In 1996, the Agency registered methyl salicylate as an insect repellent
to be used as a constituent of food and feed packaging material to
repel insects in stored commodities (e.g. Indian meal moths). This
registration is considered to be a ``food use'', since it entails use
in stored food commodities which necessitated the establishment of an
exemption from the requirements of a tolerance (Refer to 40 CFR
180.1189). The active ingredient methyl salicylate is considered to be
a low toxicity biochemical (toxicity categories III and IV) as
described in the RED on the basis of toxicological mammalian tests for
acute oral, dermal effects and primary eye and skin irritations. No
reported incidents of hypersensitivity have been reported to the
Agency. In fact, methyl salicylate has a long history of use in
consumer products as a counterirritant and as an analgesic in the
treatment and temporary management of aching and painful muscles and
joints. Methyl salicylate is also used in suntan lotions as an UV-
absorber, and in perfumery as a modifier of blossom fragrances. Because
of its use patterns, as twist tabs in flower gardens and a constituent
of food packaging, methyl salicylate is not expected to harm aquatic or
terrestrial non-target birds, fish, beneficial insects or plants or the
environment. The data base supporting the RED complies with the Food
Quality Protection Act of 1996. No harm is expected to human adults,
infants, and children from dietary, non-dietary, aggregate, residential
and occupational and cumulative exposure when this biochemical
pesticide is used as labeled.
EPA has determined that the data base to support reregistration is
substantially complete and that products containing Phytophthora
palmivora MWV and methyl salicylate are eligible for reregistration
depending on their specific uses, provided the risks are mitigated
either in the manner described in the RED or by another means that
achieves equivalent risk reduction. Upon submission of any required
product specific data under section 4(g)(2)(B) and any necessary
changes to the registration and labeling (either to address concerns
identified in the RED or as a result of product specific data), EPA
will make a final reregistration decision under section 4(g)(2)(C) for
products containing Phytophthora palmivora MWV and methyl salicylate.
EPA must review tolerances and tolerance exemptions that were in
effect when the Food Quality Protection Act (FQPA) was enacted in
August 1996, to ensure that these existing pesticide residue limits for
food and feed commodities meet the safety standard established by the
new law. Tolerances are considered reassessed once the safety finding
has been made or a revocation occurs. EPA has reviewed and made the
requisite safety finding for the Phytophthora palmivora MWV and methyl
salicylate exemptions from tolerances included in this notice.
Although the Phytophthora palmivora MWV and Methyl salicylate REDs
were signed on March 1, 2006, and September 22, 2005, respectively,
certain components of the document, which did not affect the final
regulatory decision, were undergoing final editing at that time. These
components, including the list of additional generic data requirements,
summary of labeling changes, appendices, and other relevant
information, have been added to the Phytophthora palmivora MWV and
methyl salicylate RED document. In addition, subsequent to signature,
EPA identified several minor errors and ambiguities in the document.
Therefore, for the sake of accuracy, the Agency also has included the
appropriate error corrections, amendments, and clarifications. None of
these additions or changes alter the conclusions documented in the
March 1, 2006, Phytophthora palmivora MWV and September 22, 2005,
methyl salicylate RED. All of these changes are described in detail in
an errata memorandum which is included in the public docket for
Phytophthora palmivora MWV and methyl salicylate
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, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
Due to its uses, risks, and other factors, Phytophthora palmivora MWV
and methyl salicylate was reviewed through the full 6-Phase or modified
4-Phase process. Through this process, EPA worked extensively with
stakeholders and the public to reach the regulatory decisions for
Phytophthora palmivora MWV and methyl salicylate.
The reregistration program is being conducted under Congressionally
mandated time frames, and EPA recognizes the need both to make timely
decisions and to involve the public. The Agency is issuing the
Phytophthora palmivora MWV and methyl salicylate RED for public
comment. This comment period is intended to provide an additional
opportunity for public input and a mechanism for initiating any
necessary amendments to the RED. All comments should be submitted using
the methods in ADDRESSES, and must be received by EPA on or before the
closing date. These comments will become part of the Agency Docket for
Phytophthora palmivora MWV and methyl salicylate. Comments received
after the close of the comment period will be marked ``late.'' EPA is
not required to consider these late comments.
The Agency will carefully consider all comments received by the
closing date and will provide a Response to Comments Memorandum in the
Docket and regulations.gov. If any comment significantly affects the
document, EPA also will publish an amendment to the RED in the Federal
Register. In the absence of substantive comments requiring changes, the
Phytophthora palmivora MWV and methyl salicylate RED will be
implemented as it is now presented.
[[Page 36792]]
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 Federal Food, Drug, and Cosmetic Act (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 Agency review is to be completed by August 3,
2006. EPA has reviewed and made the requisite safety finding for the
exemptions from tolerances for the following pesticides: Phytophthora
palmivora MWV and the biochemical pesticide methyl salicylate included
in this notice. The exemptions from tolerances for these two
biopesticides comply with the requirements of FQPA.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: June 16, 2006.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. 06-5855 Filed 6-27-06; 8:45 am]
BILLING CODE 6560-50-S