Lime-sulfur (Inorganic polysulfides); Reregistration Eligibility Decision for Low Risk Pesticide; Notice of Availability, 24301-24303 [E7-8276]
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Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Notices
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. 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–2006–0874. Publicly available
docket materials are available either in
the electronic docket at http://
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 Bldg.), 2777 S.
Crystal Dr., 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
http://www.epa.gov/fedrgstr.
mmaher on DSK3CLS3C1PROD with $$_JOB
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, chlorflurenol under
section 4(g)(2)(A) of FIFRA.
Chlorflurenol is a plant growth regulator
and an herbicide with no food/feed uses
and, therefore, no tolerances associated
with its use. It is used for the
postemergent control of broadleaf weeds
in turf, and to retard the growth of
ornamental turf/trees, and vegetation in
nonagricultural rights-of-way and forest
management areas. Chlorflurenol is also
used to stimulate the growth of
pineapple planting material or sliplets.
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03:08 Aug 19, 2011
Jkt 223001
The Agency does not consider this use
on pineapples to be a food use, as the
first harvest from chlorflurenol-treated
planting material occurs well over one
year after planting. EPA has determined
that the data base to support
reregistration is sufficently complete
and that products containing
chlorflurenol are eligible for
reregistration, provided that the risk
mitigation measures identified in the
RED document are adopted and label
amendments are made to reflect these
measures. 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
chlorflurenol.
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, chlorflurenol
was reviewed through the modified 4Phase public participation process.
Through this process, EPA worked
extensively with stakeholders and the
public to reach the regulatory decisions
for chlorflurenol.
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. Few
substantive comments were received
during the Phase 3, 60–day comment
period for chlorflurenol, and all issues
related to this pesticide were resolved
through consultations with
stakeholders. The Agency therefore is
issuing the chlorflurenol RED without a
comment period.
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
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24301
products or taking other ‘‘appropriate
regulatory action.’’
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: April 25, 2007.
Peter Caulkins,
Acting Director, Special Review and
Reregistration Division, Office of Pesticide
Programs.
[FR Doc. E7–8265 Filed 5–1–07; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2007–0008; FRL–8122–5]
Lime-sulfur (Inorganic polysulfides);
Reregistration Eligibility Decision for
Low Risk Pesticide; 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 lime-sulfur (inorganic
polysulfides also called calcium
polysulfide), and opens a public
comment period on this document,
related risk assessments, and other
support documents. EPA has reviewed
the low risk pesticide lime-sulfur
(inorganic polysulfides) through a
modified, streamlined version of the
public participation process that the
Agency uses to involve the public in
developing pesticide reregistration and
tolerance reassessment decisions.
Through these programs, EPA is
ensuring that all pesticides meet current
health and safety standards.
DATES: Comments must be received on
or before July 2, 2007.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2007–0008, by
one of the following methods:
<bullet≤ Federal eRulemaking Portal:
http://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
<bullet≤ Mail: Office of Pesticide
Programs (OPP) Regulatory Public
Docket (7502P), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
<bullet≤ Delivery: OPP Regulatory
Public Docket (7502P), Environmental
Protection Agency, Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
E:\FEDREG\02MYN1.LOC
02MYN1
mmaher on DSK3CLS3C1PROD with $$_JOB
24302
Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Notices
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–2007–
0008. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at http://
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
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 http://
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 hours
of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
VerDate Mar 15 2010
03:08 Aug 19, 2011
Jkt 223001
holidays. The Docket telephone number
is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT:
Bentley C. Gregg, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001;
telephone number: (703) 308-8178; fax
number: (703) 308-7070; e-mail address:
gregg.bentley@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
Registerdate 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.
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
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. Using a modified,
streamlined version of its public
participation process, EPA has
completed a RED for the low risk
pesticide, lime-sulfur (inorganic
polysulfides also called calcium
polysulfide) under section 4(g)(2)(A) of
FIFRA. Lime-sulfur is a fungicide
applied primarily in agricultural and
residential settings, used to apply a
liquid form of inorganic sulfur to
growing crops and other sites. EPA has
determined that the data base to support
reregistration is substantially complete
and that products containing lime-sulfur
(inorganic polysulfides) will be eligible
for reregistration. Upon submission of
the required product specific data under
section 4(g)(2)(B) and any necessary
changes to the registration and labeling
(either to address any 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 Lime-sulfur (Inorganic
polysulfides).
EPA must review the exemptions
from the requirement for a tolerance 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 exemption from the
requirement for a tolerance for lime-
E:\FEDREG\02MYN1.LOC
02MYN1
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Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Notices
sulfur (inorganic polysulfides) included
in this notice.
Although the lime-sulfur (inorganic
polysulfides) RED was signed on
September 30, 2005, certain components
of the document, which did not affect
the final regulatory decision, were
undergoing final editing at that time.
These components, including the
summary of labeling changes,
appendices, and other relevant
information, have been added to the
lime-sulfur (inorganic polysulfides) RED
document. In addition, subsequent to
signature, EPA identified some minor
errors and ambiguities in the document.
Therefore, for the sake of accuracy, the
Agency also has included the
appropriate error corrections,
amendments, and clarifications. None of
these additions or changes alter the
conclusions documented in the
September 30, 2005, lime-sulfur
(inorganic polysulfides) RED. All of
these changes are described in detail in
an errata memorandum which is
included in the public docket for limesulfur (inorganic polysulfides).
EPA is applying the principles of
public participation to all pesticides
undergoing reregistration and tolerance
reassessment. The Agency’s Pesticide
Tolerance Reassessment and
Reregistration; Public Participation
Process, published in the Federal
Register on May 14, 2004, (69 FR
26819)(FRL–7357–9) explains that in
conducting these programs, the Agency
is tailoring its public participation
process to be commensurate with the
level of risk, extent of use, complexity
of issues, and degree of public concern
associated with each pesticide. EPA can
expeditiously reach decisions for
pesticides like lime-sulfur (inorganic
polysulfides), which pose few or no risk
concerns, affect few stakeholders, 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
lime-sulfur (inorganic polysulfides)
RED.
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 in
finding ways to effectively mitigate
pesticide risks. lime-sulfur (inorganic
polysulfides), however, poses no risks
that require mitigation. The Agency
therefore is issuing the lime-sulfur
(inorganic polysulfides) RED, its risk
assessments, and related support
materials simultaneously for public
comment. The comment period is
intended to provide an opportunity for
public input and a mechanism for
VerDate Mar 15 2010
03:08 Aug 19, 2011
Jkt 223001
initiating any necessary amendments to
the RED. All comments should be
submitted using the methods in
ADDRESSES, and must be received by
EPA on or before the closing date. These
comments will become part of the
Agency Docket for lime-sulfur
(inorganic polysulfides). 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
RED in the Federal Register. In the
absence of substantive comments
requiring changes, the lime-sulfur
(inorganic polysulfides) 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.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: April 12, 2007.
Peter Caulkins,
Acting Director, Special Review and
Reregistration Division, Office of Pesticide
Programs.
[FR Doc. E7–8276 Filed 5–1–07; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2007–0305; FRL–8125–1]
Metaflumizone; Receipt of Application
for Emergency Exemption, Solicitation
of Public Comment
ACTION:
Notice.
SUMMARY: EPA has received a specific
exemption request from the Georgia
Department of Agriculture to use the
pesticide metaflumizone (CAS No.
139968–49–3) to treat up to 31,000 acres
of Brassica leafy vegetables to control
the diamondback moth. The Applicant
proposes the use of a new chemical
which has not been registered by EPA.
Therefore, EPA is soliciting public
comment before making the decision
whether or not to grant the exemption.
Comments must be received on
or before June 1, 2007.
DATES:
Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2007–0305, by
one of the following methods:
<bullet≤ Federal eRulemaking Portal:
http://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
<bullet≤ Mail: Office of Pesticide
Programs (OPP) Regulatory Public
Docket (7502P), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001.
<bullet≤ 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 EPA–HQ–OPP–2007–
0305. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at http://
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’’
ADDRESSES:
Environmental Protection
Agency (EPA).
AGENCY:
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Sfmt 4703
24303
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]]>Agencies
[Federal Register Volume 72, Number 84 (Wednesday, May 2, 2007)]
[Notices]
[Pages 24301-24303]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8276]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-0008; FRL-8122-5]
Lime-sulfur (Inorganic polysulfides); Reregistration Eligibility
Decision for Low Risk Pesticide; 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 lime-sulfur (inorganic
polysulfides also called calcium polysulfide), and opens a public
comment period on this document, related risk assessments, and other
support documents. EPA has reviewed the low risk pesticide lime-sulfur
(inorganic polysulfides) through a modified, streamlined version of the
public participation process that the Agency uses to involve the public
in developing pesticide reregistration and tolerance reassessment
decisions. Through these programs, EPA is ensuring that all pesticides
meet current health and safety standards.
DATES: Comments must be received on or before July 2, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0008, by one of the following methods:
Federal eRulemaking Portal: http://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
[[Page 24302]]
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-
2007-0008. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://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 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: Bentley C. Gregg, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8178; fax
number: (703) 308-7070; e-mail address: gregg.bentley@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 Registerdate 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.
Using a modified, streamlined version of its public participation
process, EPA has completed a RED for the low risk pesticide, lime-
sulfur (inorganic polysulfides also called calcium polysulfide) under
section 4(g)(2)(A) of FIFRA. Lime-sulfur is a fungicide applied
primarily in agricultural and residential settings, used to apply a
liquid form of inorganic sulfur to growing crops and other sites. EPA
has determined that the data base to support reregistration is
substantially complete and that products containing lime-sulfur
(inorganic polysulfides) will be eligible for reregistration. Upon
submission of the required product specific data under section
4(g)(2)(B) and any necessary changes to the registration and labeling
(either to address any 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 Lime-sulfur (Inorganic
polysulfides).
EPA must review the exemptions from the requirement for a tolerance
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 exemption from
the requirement for a tolerance for lime-
[[Page 24303]]
sulfur (inorganic polysulfides) included in this notice.
Although the lime-sulfur (inorganic polysulfides) RED was signed on
September 30, 2005, certain components of the document, which did not
affect the final regulatory decision, were undergoing final editing at
that time. These components, including the summary of labeling changes,
appendices, and other relevant information, have been added to the
lime-sulfur (inorganic polysulfides) RED document. In addition,
subsequent to signature, EPA identified some minor errors and
ambiguities in the document. Therefore, for the sake of accuracy, the
Agency also has included the appropriate error corrections, amendments,
and clarifications. None of these additions or changes alter the
conclusions documented in the September 30, 2005, lime-sulfur
(inorganic polysulfides) RED. All of these changes are described in
detail in an errata memorandum which is included in the public docket
for lime-sulfur (inorganic polysulfides).
EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these
programs, the Agency is tailoring its public participation process to
be commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
EPA can expeditiously reach decisions for pesticides like lime-sulfur
(inorganic polysulfides), which pose few or no risk concerns, affect
few stakeholders, 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 lime-sulfur (inorganic polysulfides) RED.
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 in finding ways to effectively
mitigate pesticide risks. lime-sulfur (inorganic polysulfides),
however, poses no risks that require mitigation. The Agency therefore
is issuing the lime-sulfur (inorganic polysulfides) RED, its risk
assessments, and related support materials simultaneously for public
comment. The comment period is intended to provide an opportunity for
public input and a mechanism for initiating any necessary amendments to
the RED. All comments should be submitted using the methods in
ADDRESSES, and must be received by EPA on or before the closing date.
These comments will become part of the Agency Docket for lime-sulfur
(inorganic polysulfides). 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 RED in the Federal Register.
In the absence of substantive comments requiring changes, the lime-
sulfur (inorganic polysulfides) 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.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: April 12, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-8276 Filed 5-1-07; 8:45 am]
BILLING CODE 6560-50-S
