Sodium Cyanide; Tolerance Reassessment Decision for Low Risk Pesticide; Notice of Availability, 43742-43744 [E6-12346]
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43742
Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices
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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
organophosphate pesticides, 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, 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. The
organophosphate pesticides have had
extensive opportunities for public
comment as part of their reregistration
and tolerance reassessment process.
Comments should be limited to issues
raised within the organophosphate
cumulative risk assessment and
associated documents. Failure to
comment on any such issues as part of
this opportunity will not limit a
commenter’s opportunity to participate
in any later notice and comment
processes on this matter. 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 the organophosphate
cumulative risk assessment. Comments
received after the close of the comment
period will be marked ‘‘late.’’ EPA is not
required to consider these late
comments.
section 408(b)(2) of (c)(2) of FFDCA.
This review is to be completed by
August 3, 2006. A tolerance or
exemption meets the requirements of
section 408(b)(2) or (c)(2), respectively,
if ‘‘the Administrator determines the
pesticide chemical residue is safe,’’ i.e.,
‘‘that there is a reasonable certainty that
no harm will result from aggregate
exposure to the pesticide chemical
residue, including all anticipated
dietary exposures and all other
exposures for which there is reliable
information.’’ 21 U.S.C. 346a(b)(2)(A),
and (c)(2)(A). In making this safety
finding, FFDCA requires the
Administrator to consider, among other
factors, ‘‘available information
concerning the cumulative effects of
such residues and other substances that
have a common mechanism of
toxicity...’’ 21 U.S.C. 346a(b)(2)(D)(v),
and (c)(2)(B).
B. What is the Agency’s Authority for
Taking this Action?
Section 4(g)(2)(A) of FIFRA, as
amended, requires the Administrator to
make ‘‘a determination as to the
eligibility for reregistration (i) for all
active ingredients subject to
reregistration under this section for
which tolerances or exemptions from
tolerances are required under the
Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.), not later than the
last date for tolerance reassessment
established under section 408(q)(1)(C) of
that Act (21 U.S.C. 346a((q)(1)(C))...’’
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
SUMMARY: This notice announces the
availability of EPA’s Tolerance
Reassessment Decision (TRED) for the
pesticide sodium cyanide, and opens a
public comment period on this
document, related risk assessments, and
other support documents. EPA has
reviewed this pesticide sodium cyanide
through a modified, streamlined version
of the public participation process that
the Agency uses to involve the public in
developing pesticide tolerance
reassessment and reregistration
decisions. Through the tolerance
reassessment program, EPA is ensuring
that all pesticides meet current health
and food safety standards.
DATES: Comments must be received on
or before October 2, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
VerDate Aug<31>2005
16:40 Aug 01, 2006
Jkt 208001
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: July 20, 2006.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E6–12343 Filed 8–1–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2006–0352; FRL–8080–8]
Sodium Cyanide; Tolerance
Reassessment Decision for Low Risk
Pesticide; Notice of Availability
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
number EPA–HQ–OPP–2006–0352, 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–
0352. 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
information whose disclosure is
restricted by statute. Certain other
E:\FR\FM\02AUN1.SGM
02AUN1
Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices
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 telephone number
is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT:
Wilhelmena Livingston, Special Review
and Reregistration Division (7508P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460-0001; telephone number:
(703) 308-8025; fax number: (703) 3088005; e-mail address:
livingston.wilhelmena@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.
wwhite on PROD1PC61 with NOTICES
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
VerDate Aug<31>2005
16:40 Aug 01, 2006
Jkt 208001
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
EPA has reassessed the uses of
sodium cyanide, reassessed the one
existing tolerance or legal residue limit
established for residues of the
insecticide hydrogen cyanide as a result
of application of sodium cyanide, and
on July 13, 2006, reached a tolerance
reassessment decision for this pesticide.
Sodium cyanide is used as a predacide/
rodenticide and as an insecticide. As a
predacide/rodenticide, it is used as a
single dose poison in the M-44 ejector
device to control animals that prey upon
livestock and threatened or endangered
species or that are vectors of
communicable disease. The eligibility of
the predacide/rodenticide use was
determined in the September 1994
Reregistration Eligibility Decision
document (RED) published in the
Federal Register on January 25, 1995
(60 FR 4910) (FRL–4391–9). As an
insecticide, sodium cyanide is used in
California to control red scale on fresh
market citrus bound for Arizona. It is
applied by professional applicators as a
post-harvest fumigant. Although a TRED
typically does not include an
occupational assessment, the decision
document addresses potential
occupational exposures that were not
addressed in the 1994 RED.
The Agency is now issuing for
comment the resulting Report on Food
PO 00000
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Fmt 4703
Sfmt 4703
43743
Quality Protection Act (FQPA)
Tolerance Reassessment Progress and
Risk Management Decision for sodium
cyanide, known as a TRED, as well as
related risk assessments and technical
support documents.
EPA developed the sodium cyanide
TRED through a modified, streamlined
version of its public process for making
tolerance reassessment and
reregistration eligibility decisions.
Through these programs, the Agency is
ensuring that pesticides meet current
standards under the Federal Food, Drug,
and Cosmetic Act (FFDCA) and the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended
by FQPA. EPA must review tolerances
and tolerance exemptions that were in
effect when FQPA was enacted, 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 sodium cyanide tolerances included
in this notice.
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 of 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 issues, and degree of public concern
associated with each pesticide. EPA can
expeditiously reach decisions for
pesticides like sodium cyanide, which
pose no risk concerns, and require no
risk mitigation. Once EPA assesses uses
and risks for such low risk pesticides,
the Agency may go directly to a decision
and prepare a document summarizing
its findings, such as the sodium cyanide
TRED.
The tolerance reassessment program
is being conducted under
Congressionally mandated time frames,
and EPA recognizes the need both to
make timely decisions and to involve
the public in finding ways to effectively
mitigate pesticide risks. Sodium
cyanide, however, poses no risks that
require mitigation. The Agency
therefore is issuing the sodium cyanide
TRED, its risk assessments, and related
support documents simultaneously for
public comment. The comment period
is intended to provide an opportunity
for public input and a mechanism for
E:\FR\FM\02AUN1.SGM
02AUN1
43744
Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices
initiating any necessary amendments to
the TRED. 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 sodium cyanide.
Comments received after the close of the
comment period will be marked ‘‘late.’’
EPA is not required to consider these
late comments.
EPA 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
TRED in the Federal Register. In the
absence of substantive comments
requiring changes, the decisions
reflected in the TRED will be
implemented as presented.
B. What is the Agency’s Authority for
Taking this 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: July 21, 2006.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E6–12346 Filed 7–1–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2005–0062; FRL–8082–4]
Boric Acid/Sodium Borate Salts;
Tolerance Reassessment Decision;
Notice of Availability
Environmental Protection
Agency (EPA).
ACTION: Notice.
wwhite on PROD1PC61 with NOTICES
AGENCY:
SUMMARY: This notice announces the
availability of EPA’s Tolerance
Reassessment Decision (TRED) for the
boric acid/sodium borate salts
pesticides, and opens a 60 day public
comment period on this document. The
Agency’s risk assessments and other
related documents also are available in
the boric acid/sodium borate salts
pesticides Docket. Through the
VerDate Aug<31>2005
16:40 Aug 01, 2006
Jkt 208001
tolerance reassessment program, EPA is
ensuring that all pesticides meet current
health and food safety standards.
DATES: Comments must be received on
or before October 2, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2005–0062, 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–2005–
0062. 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
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
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 telephone number
is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT:
Nathan Mottl, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001;
telephone number: (703) 305-0208; fax
number: (703) 308-7070; e-mail address:
mottl.nathan@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
E:\FR\FM\02AUN1.SGM
02AUN1
Agencies
[Federal Register Volume 71, Number 148 (Wednesday, August 2, 2006)]
[Notices]
[Pages 43742-43744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12346]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2006-0352; FRL-8080-8]
Sodium Cyanide; Tolerance Reassessment Decision for Low Risk
Pesticide; Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of EPA's Tolerance
Reassessment Decision (TRED) for the pesticide sodium cyanide, and
opens a public comment period on this document, related risk
assessments, and other support documents. EPA has reviewed this
pesticide sodium cyanide through a modified, streamlined version of the
public participation process that the Agency uses to involve the public
in developing pesticide tolerance reassessment and reregistration
decisions. Through the tolerance reassessment program, EPA is ensuring
that all pesticides meet current health and food safety standards.
DATES: Comments must be received on or before October 2, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0352, 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-
2006-0352. 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
[[Page 43743]]
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 telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review
and Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8025; fax
number: (703) 308-8005; e-mail address: livingston.wilhelmena@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
EPA has reassessed the uses of sodium cyanide, reassessed the one
existing tolerance or legal residue limit established for residues of
the insecticide hydrogen cyanide as a result of application of sodium
cyanide, and on July 13, 2006, reached a tolerance reassessment
decision for this pesticide. Sodium cyanide is used as a predacide/
rodenticide and as an insecticide. As a predacide/rodenticide, it is
used as a single dose poison in the M-44 ejector device to control
animals that prey upon livestock and threatened or endangered species
or that are vectors of communicable disease. The eligibility of the
predacide/rodenticide use was determined in the September 1994
Reregistration Eligibility Decision document (RED) published in the
Federal Register on January 25, 1995 (60 FR 4910) (FRL-4391-9). As an
insecticide, sodium cyanide is used in California to control red scale
on fresh market citrus bound for Arizona. It is applied by professional
applicators as a post-harvest fumigant. Although a TRED typically does
not include an occupational assessment, the decision document addresses
potential occupational exposures that were not addressed in the 1994
RED.
The Agency is now issuing for comment the resulting Report on Food
Quality Protection Act (FQPA) Tolerance Reassessment Progress and Risk
Management Decision for sodium cyanide, known as a TRED, as well as
related risk assessments and technical support documents.
EPA developed the sodium cyanide TRED through a modified,
streamlined version of its public process for making tolerance
reassessment and reregistration eligibility decisions. Through these
programs, the Agency is ensuring that pesticides meet current standards
under the Federal Food, Drug, and Cosmetic Act (FFDCA) and the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended by
FQPA. EPA must review tolerances and tolerance exemptions that were in
effect when FQPA was enacted, 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 sodium cyanide
tolerances included in this notice.
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 of 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
issues, and degree of public concern associated with each pesticide.
EPA can expeditiously reach decisions for pesticides like sodium
cyanide, which pose no risk concerns, and require no risk mitigation.
Once EPA assesses uses and risks for such low risk pesticides, the
Agency may go directly to a decision and prepare a document summarizing
its findings, such as the sodium cyanide TRED.
The tolerance reassessment program is being conducted under
Congressionally mandated time frames, and EPA recognizes the need both
to make timely decisions and to involve the public in finding ways to
effectively mitigate pesticide risks. Sodium cyanide, however, poses no
risks that require mitigation. The Agency therefore is issuing the
sodium cyanide TRED, its risk assessments, and related support
documents simultaneously for public comment. The comment period is
intended to provide an opportunity for public input and a mechanism for
[[Page 43744]]
initiating any necessary amendments to the TRED. 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 sodium cyanide. Comments received after the close of
the comment period will be marked ``late.'' EPA is not required to
consider these late comments.
EPA 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 TRED in the Federal Register.
In the absence of substantive comments requiring changes, the decisions
reflected in the TRED will be implemented as presented.
B. What is the Agency's Authority for Taking this 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: July 21, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-12346 Filed 7-1-06; 8:45 am]
BILLING CODE 6560-50-S