Pentachloronitrobenzene (PCNB) Reregistration Eligibility Decision; Notice of Availability, 43746-43748 [E6-12485]
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43746
Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public
in general, and may be of interest to a
wide range of stakeholders including
environmental, human health, and
agricultural advocates; the chemical
industry; pesticide users; and members
of the public interested in the sale,
distribution, or use of pesticides. Since
others also may be interested, the
Agency has not attempted to describe all
the specific entities that may be affected
by this action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2002–0202. 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 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.
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. Background
wwhite on PROD1PC61 with NOTICES
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 an
addendum to the RED for the pesticide
lindane under section 4(g)(2)(A) of
FIFRA. Products containing lindane are
not eligible for reregistration. The
Agency has received requests from all
lindane technical and end-product
registrants to voluntarily cancel all
registrations of lindane products. Once
the cancellation process is complete,
EPA will take steps to revoke the
existing tolerances pursuant to section
408(l)(2) of the Federal Food, Drug, and
Cosmetic Act (FFDCA).
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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 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, Lindane,
Pesticides, and pests.
Dated: July 27, 2006.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E6–12463 Filed 8–1–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2004–0202; FRL–8066–6]
Pentachloronitrobenzene (PCNB)
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 PCNB, and opens a public
comment period on this document. The
Agency’s risk assessments and other
related documents also are available in
the PCNB Docket. PCNB is an
organochlorine fungicide used to
control plant diseases on vegetables
(predominantly green beans and cole
crops), field crops (cotton, potatoes, and
peanuts), and seeds (seed treatments of
barley, beans, corn, cotton, oats, peas,
peanut, rice, safflower, sorghum,
soybean, sugar beet, and wheat). EPA
has reviewed PCNB 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
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Fmt 4703
Sfmt 4703
pesticides meet current health and
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–2004–0202, 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–2004–
0202. 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
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Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices
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: Jill
Bloom, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001;
telephone number: (703) 308-8019; fax
number: (703) 308-7070; e-mail address:
bloom.jill@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
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
VerDate Aug<31>2005
16:40 Aug 01, 2006
Jkt 208001
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 pesticide, PCNB under section
4(g)(2)(A) of FIFRA. PCNB is an
organochlorine fungicide used to
control plant diseases on vegetables
(predominantly green beans and cole
crops), field crops (cotton, potatoes, and
peanuts), and seeds (seed treatments of
barley, beans, corn, cotton, oats, peas,
peanut, rice, safflower, sorghum,
soybean, sugar beet, and wheat). EPA
has determined that the data base to
support reregistration is substantially
complete and that products containing
PCNB are eligible or not eligible for
reregistration depending on their
specific uses. Most uses of PCNB have
been found to be ineligible for
reregistration. These uses are: turf,
residential ornamentals, cole crops
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(unless registered for control of clubroot
only), green beans, cotton, potatoes, dry
beans and peas, garlic, peanuts,
tomatoes, peppers, and ornamentals in
commercial production (except for
flowering bulbs). The following uses of
PCNB are eligible for reregistration
provided the risk mitigation measures
noted in the RED are implemented and
product labels are amended accordingly:
cole crops (registered for control of
clubroot only), ornamental bulbs for
commercial production, and seed
treatments of PCNB. 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 PCNB.
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 PCNB 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 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, PCNB was
reviewed through the full 6-Phase
process. Through this process, EPA
worked extensively with stakeholders
and the public to reach the regulatory
decisions for PCNB.
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 PCNB 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
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Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices
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 PCNB. Comments
received after the close of the comment
period will be marked ‘‘late.’’ EPA is not
required to consider these late
comments.In particular, during the 60–
day comment period following the
publication of this Notice, the Agency is
soliciting comments on the benefits
associated with several minor uses of
PCNB. The Agency has based its
reregistration eligibility decision for
most uses of PCNB on an evaluation of
the risk-benefit relationships for those
uses. The Agency is soliciting
information on benefits for specific
minor uses of PCNB in order to confirm
that the Agency’s reregistration
decisions for these uses are supported
by an accurate understanding of their
risk-benefit relationships, and to
determine if amendments should be
made to this eligibility decision based
on comments which inform these riskbenefit evaluations. The specific kinds
of benefits information that the Agency
believes will be helpful in this regard
and the specific uses for which the
Agency is soliciting such information
are discussed below.The use sites of
PCNB for which the Agency is soliciting
information on benefits at this time are:
dry beans and peas, peanuts, tomatoes,
peppers (all types), and ornamentals in
commercial production (all types except
for flowering bulbs). The types of
information that the Agency believes
could be useful in informing the riskbenefit evaluations for these uses
include data from comparative efficacy
trials for different pesticides used to
control diseases on these sites,
information about the relative costs of
using PCNB and potential alternatives,
production cost data, information on
why registered alternatives are not
appropriate for specific diseases in a
particular State or under particular
climatic conditions, and documentation
of the lack of alternatives for controlling
a particular disease.
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 PCNB RED will
be implemented as it is now presented.
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16:40 Aug 01, 2006
Jkt 208001
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 review is to be completed by
August 3, 2006.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: July 26, 2006.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E6–12485 Filed 8–1–06; 8:45 am]
BILLING CODE 656050-S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2006–0589; FRL– 8079–6]
Cancellation of Pesticides for Nonpayment of Year 2006 Registration
Maintenance Fees
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
Since the amendments of
October 1988, the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA)
has required payment of an annual
maintenance fee to keep pesticide
registrations in effect. The fee that was
due January 15, 2006 has gone unpaid
for 720 registrations. Section 4(i)(5)(G)
of FIFRA provides that the
Administrator may cancel these
registrations by order and without a
hearing; orders to cancel all 720 of these
registrations have been issued within
the past few days.
FOR FURTHER INFORMATION CONTACT: For
further information on the maintenance
fee program in general, contact by mail:
John Jamula, Office of Pesticide
Programs (7504P), Environmental
Protection Agency, 1200 Pennsylvania
SUMMARY:
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Avenue NW, Washington, DC 20460;
telephone number: (703) 305–6426; email address: jamula.john@epa.gov
SUPPLEMENTARY INFORMATION:
I. Important Information
A. Does this Action Apply to Me?
You may be potentially affected by
this notice if you are an EPA registrant
with any approved product
registration(s). Although this action may
be of particular interest to persons who
produce or use pesticides, 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 information in this notice,
consult the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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–
OPP–2006–0589. 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 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.
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. Introduction
Section4(i)(5) of FIFRA as amended in
October 1988 (Public Law 100–532),
December, 1991 (Public Law 102–237),
and again in August 1996 (Public Law
104–170), requires that all pesticide
registrants pay an annual registration
maintenance fee, due by January 15 of
each year, to keep their registrations in
effect. This requirement applies to all
registrations granted under section 3 as
well as those granted under section
24(c) to meet special local needs.
Registrations for which the fee is not
paid are subject to cancellation by order
and without a hearing.
The Food, Agriculture, Conservation,
and Trade Act Amendments of 1991,
Public Law 102–237, amended FIFRA to
allow the Administrator to reduce or
waive maintenance fees for minor
agricultural use pesticides when he
E:\FR\FM\02AUN1.SGM
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Agencies
[Federal Register Volume 71, Number 148 (Wednesday, August 2, 2006)]
[Notices]
[Pages 43746-43748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12485]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2004-0202; FRL-8066-6]
Pentachloronitrobenzene (PCNB) Reregistration Eligibility
Decision; Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (RED) for the pesticide PCNB, and opens a public
comment period on this document. The Agency's risk assessments and
other related documents also are available in the PCNB Docket. PCNB is
an organochlorine fungicide used to control plant diseases on
vegetables (predominantly green beans and cole crops), field crops
(cotton, potatoes, and peanuts), and seeds (seed treatments of barley,
beans, corn, cotton, oats, peas, peanut, rice, safflower, sorghum,
soybean, sugar beet, and wheat). EPA has reviewed PCNB 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 October 2, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2004-0202, 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-
2004-0202. 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
[[Page 43747]]
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: Jill Bloom, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8019; fax
number: (703) 308-7070; e-mail address: bloom.jill@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
pesticide, PCNB under section 4(g)(2)(A) of FIFRA. PCNB is an
organochlorine fungicide used to control plant diseases on vegetables
(predominantly green beans and cole crops), field crops (cotton,
potatoes, and peanuts), and seeds (seed treatments of barley, beans,
corn, cotton, oats, peas, peanut, rice, safflower, sorghum, soybean,
sugar beet, and wheat). EPA has determined that the data base to
support reregistration is substantially complete and that products
containing PCNB are eligible or not eligible for reregistration
depending on their specific uses. Most uses of PCNB have been found to
be ineligible for reregistration. These uses are: turf, residential
ornamentals, cole crops (unless registered for control of clubroot
only), green beans, cotton, potatoes, dry beans and peas, garlic,
peanuts, tomatoes, peppers, and ornamentals in commercial production
(except for flowering bulbs). The following uses of PCNB are eligible
for reregistration provided the risk mitigation measures noted in the
RED are implemented and product labels are amended accordingly: cole
crops (registered for control of clubroot only), ornamental bulbs for
commercial production, and seed treatments of PCNB. 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 PCNB.
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 PCNB 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 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, PCNB was reviewed through
the full 6-Phase process. Through this process, EPA worked extensively
with stakeholders and the public to reach the regulatory decisions for
PCNB.
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 PCNB 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
[[Page 43748]]
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 PCNB. Comments received after the
close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.In particular, during the 60-
day comment period following the publication of this Notice, the Agency
is soliciting comments on the benefits associated with several minor
uses of PCNB. The Agency has based its reregistration eligibility
decision for most uses of PCNB on an evaluation of the risk-benefit
relationships for those uses. The Agency is soliciting information on
benefits for specific minor uses of PCNB in order to confirm that the
Agency's reregistration decisions for these uses are supported by an
accurate understanding of their risk-benefit relationships, and to
determine if amendments should be made to this eligibility decision
based on comments which inform these risk-benefit evaluations. The
specific kinds of benefits information that the Agency believes will be
helpful in this regard and the specific uses for which the Agency is
soliciting such information are discussed below.The use sites of PCNB
for which the Agency is soliciting information on benefits at this time
are: dry beans and peas, peanuts, tomatoes, peppers (all types), and
ornamentals in commercial production (all types except for flowering
bulbs). The types of information that the Agency believes could be
useful in informing the risk-benefit evaluations for these uses include
data from comparative efficacy trials for different pesticides used to
control diseases on these sites, information about the relative costs
of using PCNB and potential alternatives, production cost data,
information on why registered alternatives are not appropriate for
specific diseases in a particular State or under particular climatic
conditions, and documentation of the lack of alternatives for
controlling a particular disease.
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
PCNB 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 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: July 26, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-12485 Filed 8-1-06; 8:45 am]
BILLING CODE 656050-S