[
Federal
Register:
June
11,
2002
(
Volume
67,
Number
112)]
[
Notices]
[
Page
39980­
39981]
From
the
Federal
Register
Online
via
GPO
Access
[
wais.
access.
gpo.
gov]
[
DOCID:
fr11jn02­
70]

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP­
2002­
0096;
FRL­
7181­
6]

Norflurazon
and
Fenbutatin­
Oxide
Tolerance
Reassessment
Decisions;
Notice
of
Availability
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

SUMMARY:
This
notice
of
tolerance
reassessment
for
norflurazon
and
fenbutatin­
oxide
starts
the
30­
day
public
comment
period
during
which
the
public
is
invited
to
submit
comments
on
the
Agency's
  
Report
of
the
Food
Quality
Protection
Act
(
FQPA)
Tolerance
Reassessment
Progress
and
Risk
Management
Decision
(
TRED)
for
Norflurazon''
and
  
Report
of
the
Food
Quality
Protection
Act
(
FQPA)
Tolerance
Reassessment
Progress
and
Risk
Management
Decision
(
TRED)
for
Fenbutatin­
oxide.''
The
Agency
is
providing
an
opportunity,
through
this
notice,
for
interested
parties
to
comment
on
the
Agency's
tolerance
reassessment
decisions
in
accordance
with
procedures
described
in
Unit
I
of
this
document.
All
comments
will
be
carefully
considered
by
the
Agency.
If
any
comment
causes
the
Agency
to
revise
its
decision
on
tolerance
reassessment
for
norflurazon
and/
or
fenbutatin­
oxide,
the
Agency
will
publish
notice
of
its
amendment
in
the
Federal
Register.

DATES:
Comments,
identified
by
docket
ID
number
OPP­
2002­
0096,
must
be
received
on
or
before
July
11,
2002.

ADDRESSES:
Comments
may
be
submitted
by
mail,
electronically,
or
in
person.
Please
follow
the
detailed
instructions
for
each
method
as
provided
in
Unit
I
under
SUPPLEMENTARY
INFORMATION.
To
ensure
proper
receipt
by
the
EPA,
it
is
imperative
that
you
identify
docket
ID
number
OPP­
2002­
0096
in
the
subject
line
on
the
first
page
of
your
response.

FOR
FURTHER
INFORMATION
CONTACT:
Beth
Edwards,
telephone
number:
(
703)
305­
5400;
e­
mail
address:
edwards.
beth@
epa.
gov
for
norflurazon;
and
Lorilyn
Montford,
telephone
number:
(
703)
308­
8170;
e­
mail
address:
montford.
lorilyn@
epa.
gov
for
fenbuuutatin­
oxide,
Special
Review
and
Reregistration
Division
(
7508C)
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?

This
action
is
directed
to
the
public
in
general.
This
action
may,
however,
be
of
interest
to
persons
who
are
or
may
be
required
to
conduct
testing
of
chemical
substances
under
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA)
or
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA);
environmental,
human
health,
and
agricultural
advocates;
pesticides
users;
and
the
public
interested
in
the
use
of
pesticides.
Since
other
entities
may
also
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
Additional
Information,
Including
Copies
of
this
Document
and
Other
Related
Documents?

1.
Electronically.
You
may
obtain
electronic
copies
of
this
document,
and
certain
other
related
documents
that
might
be
available
electronically,
from
the
EPA
Internet
Home
Page
at
http://
www.
epa.
gov/.
To
access
this
document,
on
the
Home
Page
select
  
Laws
and
Regulations,''
  
Regulations
and
Proposed
Rules,''
and
then
look
up
the
entry
for
this
document
under
the
  
Federal
Register­­
Environmental
Documents.''
You
can
also
go
directly
to
the
Federal
Register
listings
at
http://
www.
epa.
gov/
fedrgstr/.
To
access
TRED
documents
electronically,
go
directly
to
the
TREDs
table
on
the
EPA
Office
of
Pesticide
Programs
Home
Page,
at
http://
www.
epa.
gov/
pesticides/
reregistration/
status.
htm.
2.
In
person.
The
Agency
has
established
an
official
record
for
this
action
under
docket
ID
number
OPP­
2002­
0096.
The
official
record
consists
of
the
documents
specifically
referenced
in
this
action,
and
other
information
related
to
this
action,
including
any
information
claimed
as
Confidential
Business
Information
(
CBI).
This
official
record
includes
the
documents
that
are
physically
located
in
the
docket,
as
well
as
the
documents
that
are
referenced
in
those
documents.
The
public
version
of
the
official
record
does
not
include
any
information
claimed
as
CBI.
The
public
version
of
the
official
record,
including
printed
and
paper
versions
of
any
electronic
comments
submitted
during
an
applicable
comment
period,
is
available
for
inspection
in
the
Public
Information
and
Records
Integrity
[[
Page
39981]]

Branch
(
PIRIB),
Rm.
119,
Crystal
Mall
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA,
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
PIRIB
telephone
number
is
(
703)
305­
5805.

C.
How
and
to
Whom
Do
I
Submit
Comments?

You
may
submit
comments
through
the
mail,
in
person,
or
electronically.
To
ensure
proper
receipt
by
the
EPA,
it
is
imperative
that
you
identify
docket
ID
number
OPP­
2002­
0096
in
the
subject
line
on
the
first
page
of
your
response.
1.
By
mail.
Submit
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Information
Resources
and
Services
Division
(
7502C),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW,
Washington,
DC
20460.
2.
In
person
or
by
courier.
Deliver
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Information
Resources
and
Services
Division
(
7502C),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
Rm.
119,
Crystal
Mall
2,
1921
Jefferson
Davis
Highway,
Arlington,
VA.
The
PIRIB
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
PIRIB
telephone
number
is
(
703)
305­
5805.
3.
Electronically.
You
may
submit
your
comments
electronically
by
e­
mail
to:
opp­
docket@
epa.
gov,
or
you
can
submit
a
computer
disk
as
described
above.
Do
not
submit
any
information
electronically
that
you
consider
to
be
CBI.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.
Electronic
submissions
will
be
accepted
in
WordPerfect
6.1/
8.0/
9.0
or
ASCII
file
format.
All
comments
in
electronic
form
must
be
identified
by
docket
ID
number
OPP­
2002­
0096.
Electronic
comments
may
also
be
filed
online
at
many
Federal
Depository
Libraries.

D.
How
Should
I
Handle
CBI
That
I
Want
to
Submit
to
the
Agency?

Do
not
submit
any
information
electronically
that
you
consider
to
be
CBI.
You
may
claim
information
that
you
submit
to
EPA
in
response
to
this
document
as
CBI
by
marking
any
part
or
all
of
that
information
as
CBI.
Information
so
marked
will
not
be
disclosed
except
in
accordance
with
procedures
set
forth
in
40
CFR
part
2.
In
addition
to
one
complete
version
of
the
comment
that
includes
any
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
version
of
the
official
record.
Information
not
marked
confidential
will
be
included
in
the
public
version
of
the
official
record
without
prior
notice.
If
you
have
any
questions
about
CBI
or
the
procedures
for
claiming
CBI,
please
consult
the
appropriate
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

E.
What
Should
I
Consider
as
I
Prepare
My
Comments
for
EPA?

You
may
find
the
following
suggestions
helpful
for
preparing
your
comments:
1.
Explain
your
views
as
clearly
as
possible.
2.
Describe
any
assumptions
that
you
used.
3.
Provide
copies
of
any
technical
information
and/
or
data
you
used
that
support
your
views.
4.
If
you
estimate
potential
burdens
or
costs,
explain
how
you
arrived
at
the
estimate
that
you
provide.
5.
Provide
specific
examples
to
illustrate
your
concerns.
6.
Offer
alternative
ways
to
improve
the
notice
or
collection
activity.
7.
Make
sure
to
submit
your
comments
by
the
deadline
in
this
document.
8.
To
ensure
proper
receipt
by
EPA,
be
sure
to
identify
the
docket
ID
number
assigned
to
this
action
in
the
subject
line
on
the
first
page
of
your
response.
You
may
also
provide
the
name,
date,
and
Federal
Register
citation.

II.
Background
A.
What
Action
is
the
Agency
Taking?

This
notice
constitutes
and
announces
the
availability
of
the
norflurazon
and
fenbutatin­
oxide
TREDs.
These
decisions
have
been
developed
as
part
of
the
public
participation
process
that
EPA
and
the
U.
S.
Department
of
Agriculture
(
USDA)
are
using
to
involve
the
public
in
the
reassessment
of
pesticide
tolerances
under
FFDCA.
The
EPA
must
review
tolerances
and
tolerance
exemptions
that
were
in
effect
when
FQPA
was
enacted
in
August
1996,
to
ensure
that
these
existing
pesticide
residue
limits
for
food
and
feed
commodities
meet
the
safety
standard
of
the
new
law.
In
reviewing
these
tolerances,
the
Agency
must
consider,
among
other
things,
aggregate
risks
from
non­
occupational
sources
of
pesticide
exposure,
whether
there
is
increased
susceptibility
to
infants
and
children,
and
the
cumulative
effects
of
pesticides
with
a
common
mechanism
of
toxicity.
The
tolerances
are
considered
reassessed
once
the
safety
finding
has
been
made
that
aggregate
risks
are
not
of
concern.
A
reregistration
eligibility
decision
(
RED)
was
completed
for
norflurazon
in
June
1996
and
fenbutatin­
oxide
in
September
1994,
prior
to
FQPA
enactment,
and
therefore
needed
an
updated
assessment
to
consider
the
provisions
of
the
Act.
FFDCA
requires
that
the
Agency,
when
considering
whether
to
establish,
modify,
or
revoke
a
tolerance,
consider
  
available
information''
concerning
the
cumulative
effects
of
a
particular
pesticide's
residues
and
  
other
substances
that
have
a
common
mechanism
of
toxicity.''
At
this
time,
norflurazon
and
fenbutatin­
oxide
have
not
been
identified
as
sharing
a
common
mechanism
of
toxicity
and
are
not
scheduled
for
a
cumulative
risk
assessment.
Additionally,
the
tolerances
for
norflurazon
(
58)
and
fenbutatin­
oxide
(
42)
are
now
considered
reassessed
as
safe
under
section
408(
q)
of
FFDCA.
The
reregistration
program
is
being
conducted
under
Congressionally­
mandated
time
frames,
and
the
EPA
recognizes
both
the
need
to
make
timely
reregistration
decisions
and
to
involve
the
public.
Therefore,
the
Agency
is
issuing
these
TREDs
as
final
documents
because
no
risk
mitigation
or
changes
to
existing
labeling
are
necessary.
All
comments
received
within
30
days
of
publication
of
this
Federal
Register
notice
will
be
carefully
considered
by
the
Agency.
If
any
comment
significantly
impacts
a
TRED,
the
Agency
will
amend
its
decision
by
publishing
a
Federal
Register
notice.

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

The
legal
authority
for
these
TREDs
falls
under
FIFRA,
as
amended
in
1988
and
1996.
Section
4(
g)(
2)(
A)
of
FIFRA
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,''
and
either
reregistering
products
or
taking
  
other
appropriate
regulatory
action.''

List
of
Subjects
Environmental
protection,
Pesticide
Tolerances.

Dated:
May
31,
2002.
Lois
A
Rossi,
Director,
Special
Review
and
Reregistration
Division,
Office
of
Pesticide
Programs.
[
FR
Doc.
02­
14636
Filed
6­
10­
02;
8:
45
am]
BILLING
CODE
6560­
50­
S
