Boscalid; Pesticide Tolerances; Availability of Objections and Request for Comments, 14551-14552 [E7-5576]

Download as PDF Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices 2. Other related information. More information on these cases, including the active ingredients for each case, may be located in the registration review schedule on the Agency’s website at https://www.epa.gov/oppsrrd1/ registration_review/schedule.htm. Information on the Agency’s registration review program and its implementing regulation may be seen at https:// www.epa.gov/oppsrrd1/ registration_review/. 3. Information submission requirements. Anyone may submit data or information in response to this document. To be considered during a pesticide’s registration review, the submitted data or information must meet the following requirements: To ensure that EPA will consider data or information submitted, interested persons must submit the data or information during the comment period. The Agency may, at its discretion, consider data or information submitted at a later date. The data or information submitted must be presented in legible and useable form. For example, an English translation must accompany any material that is not in English and a written transcript must accompany any information submitted as an audiographic or videographic record. Written material may be submitted in paper or electronic form. Submitters must clearly identify the source of any submitted data or information. Submitters may request the Agency to reconsider data or information that the Agency rejected in a previous review. However, submitters must explain why they believe the Agency should reconsider the data or information in the pesticide’s registration review. As provided in 40 CFR part 155, subpart C, § 155.58, the registration review docket for each pesticide case will remain publicly accessible through the duration of the registration review process; that is, until all actions required in the final decision on the registration review case have been completed. List of Subjects sroberts on PROD1PC70 with NOTICES Environmental protection, Pesticides and pests. Dated: March 14, 2007. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides, and Toxic Substances. [FR Doc. E7–5574 Filed 3–27–07; 8:45 am] BILLING CODE 6560–50–S VerDate Aug<31>2005 17:09 Mar 27, 2007 Jkt 211001 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2005–0145; FRL–8119–4] Boscalid; Pesticide Tolerances; Availability of Objections and Request for Comments Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: This document announces the availability of objections filed with respect to the establishment of two boscalid tolerances under section 408 of the Federal Food, Drug, and Cosmetic Act. The objections were filed on February 20, 2007 by the Natural Resources Defense Council (‘‘NRDC’’). NRDC’s objections assert that EPA unlawfully removed the additional 10X safety factor for the protection of infants and children. Additionally NRDC claims that EPA’s action was arbitrary and capricious for failing to provide an adequate explanation for the decision on the children’s safety factor. This document seeks comment on the NRDC objections. DATES: Comments must be received on or before May 29, 2007. ADDRESSES: Submit your comments, identified by docket identification (ID) number(s) EPA–HQ–OPP–2005–0145, 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 Bldg.), 2777 S. Crystal Dr., 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(s) EPA–HQ–OPP– 2005–0145. 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 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 14551 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: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2005–0145. To access the electronic docket, go to https:// www.regulations.gov, select ‘‘Advanced Search,’’ then ‘‘Docket Search.’’ Insert the docket ID number where indicated and select the ‘‘Submit’’ button. Follow the instructions on the regulations.gov web site to view the docket index or access available documents. All documents in the docket are listed in the docket index available in regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (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 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 Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is (703) 305-5805. FOR FURTHER INFORMATION CONTACT: Barbara Madden, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, E:\FR\FM\28MRN1.SGM 28MRN1 14552 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices DC 20460-0001; telephone number: (703) 305-6463; fax number: (703) 6050781; e-mail address: madden.barbara@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. sroberts on PROD1PC70 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 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 VerDate Aug<31>2005 17:09 Mar 27, 2007 Jkt 211001 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? On February 20, 2007, the Natural Resources Defense Council (‘‘NRDC’’) filed objections to a final rule establishing tolerances for the pesticide boscalid on two crop subgroups in the leafy vegetables crop group. (December 20, 2006 (71 FR 76185; FRL–8107–8)). Pesticide tolerances are established under section 408 of the Federal Food, Drug, and Cosmetic Act (‘‘FFDCA’’). (21 U.S.C. 346a). The new tolerances were for Crop Subgroup 4A, leafy greens except head and leaf lettuce, and Crop Subgroup 4B, leafy petioles. NRDC’s objections assert that it was unlawful for EPA to remove the additional 10X safety factor for the protection of infants and children in assessing the risk of boscalid because the evidence shows that juveniles are more sensitive to boscalid than adults. NRDC claims that if the 10X children’s safety factor is retained, the boscalid tolerances do not meet the safety standard for establishing tolerances under FFDCA section 408. Additionally, NRDC argues that EPA’s action was arbitrary and capricious for failing to provide an adequate explanation for the decision on the children’s safety factor. Because the issues raised by NRDC concern matters of great interest not just to NRDC but to growers, food distributors and processors, and pesticide manufacturers as well as members of the public, EPA believes it decision-making will be enhanced by obtaining the views of all affected parties. For that reason, EPA is publishing this notice of availability of NRDC’s objections and requesting comment on the objections. The objections are available in the docket for the tolerance rule in question, i.e., Docket EPA–HQ–OPP–2005–0145. See the ‘‘ADDRESSES’’ section of this document for information accessing the docket. B. What is the Agency’s Authority for Taking this Action? Under section 408(g)(2)(A) of the FFDCA, any person may file objections with EPA within 60 days of issuance of PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 a final tolerance regulation. (21 U.S.C. 346a(g)(2)). Such person may also request a public evidentiary hearing on the objections; however, NRDC has not requested such a hearing. Under EPA regulations, EPA must publish an order setting forth its determination on each of NRDC’s objections. (40 CFR 178.37(a)). Such order must contain EPA’s reasons for its determination. (40 CFR 178.37(b)). If based on the objections EPA determines that the tolerance regulation should be modified or revoked, EPA will publish by order any revisions to the regulation. (21 U.S.C. 346a(g)(2)(C); 40 CFR 178.35). List of Subjects Environmental protection, Pesticides and pests. Dated: March 14, 2007. Donald R. Stubbs, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. E7–5576 Filed 3–27–07; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [FRL–8292–5] Proposed CERCLA Administrative Agreement for Recovery of Response Costs; Denova Superfund Site Environmental Protection Agency (EPA). ACTION: Notice; request for public comment. AGENCY: SUMMARY: In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Act (‘‘CERCLA’’), 42 U.S.C. 9622(i), notice is hereby given of a proposed Agreement for Recovery of Response Costs (‘‘Agreement,’’ Region 9 Docket No. 9– 2006–0025) pursuant to Section 122(h) of CERCLA concerning the Denova Superfund Site, (the ‘‘Site’’), located in Rialto, California. The settling parties are Northrup Grumman, Lockheed Martin, the Boeing Company, Georgia Pacific, BNSF Railway Company, Royal Caribbean Cruises, JBL Inc., the Marquardt Company, Davis Wire Corp., Aerojet-General Corp., the Department of Energy (Lawrence Livermore National Laboratory), the Department of Energy (Sandia National Laboratory), NASA, the Department of the Interior and the Navy. The Agreement compensates EPA and the County of San Bernardino E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Notices]
[Pages 14551-14552]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5576]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0145; FRL-8119-4]


Boscalid; Pesticide Tolerances; Availability of Objections and 
Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document announces the availability of objections filed 
with respect to the establishment of two boscalid tolerances under 
section 408 of the Federal Food, Drug, and Cosmetic Act. The objections 
were filed on February 20, 2007 by the Natural Resources Defense 
Council (``NRDC''). NRDC's objections assert that EPA unlawfully 
removed the additional 10X safety factor for the protection of infants 
and children. Additionally NRDC claims that EPA's action was arbitrary 
and capricious for failing to provide an adequate explanation for the 
decision on the children's safety factor. This document seeks comment 
on the NRDC objections.

DATES: Comments must be received on or before May 29, 2007.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number(s) EPA-HQ-OPP-2005-0145, 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 
Bldg.), 2777 S. Crystal Dr., 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(s) EPA-HQ-
OPP-2005-0145. 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: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2005-0145. To access the 
electronic docket, go to https://www.regulations.gov, select ``Advanced 
Search,'' then ``Docket Search.'' Insert the docket ID number where 
indicated and select the ``Submit'' button. Follow the instructions on 
the regulations.gov web site to view the docket index or access 
available documents. All documents in the docket are listed in the 
docket index available in regulations.gov. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (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 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 Bldg.), 2777 S. Crystal Dr., 
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The Docket telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Barbara Madden, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington,

[[Page 14552]]

DC 20460-0001; telephone number: (703) 305-6463; fax number: (703) 605-
0781; e-mail address: madden.barbara@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?

    On February 20, 2007, the Natural Resources Defense Council 
(``NRDC'') filed objections to a final rule establishing tolerances for 
the pesticide boscalid on two crop subgroups in the leafy vegetables 
crop group. (December 20, 2006 (71 FR 76185; FRL-8107-8)). Pesticide 
tolerances are established under section 408 of the Federal Food, Drug, 
and Cosmetic Act (``FFDCA''). (21 U.S.C. 346a). The new tolerances were 
for Crop Subgroup 4A, leafy greens except head and leaf lettuce, and 
Crop Subgroup 4B, leafy petioles.
    NRDC's objections assert that it was unlawful for EPA to remove the 
additional 10X safety factor for the protection of infants and children 
in assessing the risk of boscalid because the evidence shows that 
juveniles are more sensitive to boscalid than adults. NRDC claims that 
if the 10X children's safety factor is retained, the boscalid 
tolerances do not meet the safety standard for establishing tolerances 
under FFDCA section 408. Additionally, NRDC argues that EPA's action 
was arbitrary and capricious for failing to provide an adequate 
explanation for the decision on the children's safety factor.
    Because the issues raised by NRDC concern matters of great interest 
not just to NRDC but to growers, food distributors and processors, and 
pesticide manufacturers as well as members of the public, EPA believes 
it decision-making will be enhanced by obtaining the views of all 
affected parties. For that reason, EPA is publishing this notice of 
availability of NRDC's objections and requesting comment on the 
objections. The objections are available in the docket for the 
tolerance rule in question, i.e., Docket EPA-HQ-OPP-2005-0145. See the 
``ADDRESSES'' section of this document for information accessing the 
docket.

B. What is the Agency's Authority for Taking this Action?

    Under section 408(g)(2)(A) of the FFDCA, any person may file 
objections with EPA within 60 days of issuance of a final tolerance 
regulation. (21 U.S.C. 346a(g)(2)). Such person may also request a 
public evidentiary hearing on the objections; however, NRDC has not 
requested such a hearing. Under EPA regulations, EPA must publish an 
order setting forth its determination on each of NRDC's objections. (40 
CFR 178.37(a)). Such order must contain EPA's reasons for its 
determination. (40 CFR 178.37(b)). If based on the objections EPA 
determines that the tolerance regulation should be modified or revoked, 
EPA will publish by order any revisions to the regulation. (21 U.S.C. 
346a(g)(2)(C); 40 CFR 178.35).

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: March 14, 2007.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-5576 Filed 3-27-07; 8:45 am]
BILLING CODE 6560-50-S
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