

[Federal Register: July 19, 2006 (Volume 71, Number 138)]
[Notices]
[Page 41015-41016]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy06-73]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0292; FRL-8076-8]


Pyraclostrobin; Objections to Pesticide Tolerances; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of objections filed
with respect to the establishment and increase of various
pyraclostrobin tolerances under section 408 of the Federal Food, Drug,
and Cosmetic Act (FFDCA). The objections were filed on June 5, 2006 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 failure to provide an
inadequate explanation for its decision on the children's safety
factor, and because EPA never received information EPA deemed necessary
to its review of the pesticide. This Notice seeks comment on the NRDC
objections.

DATES: Comments must be received on or before September 18, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number(s) EPA-HQ-OPP-2004-0292, 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
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 Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number(s) EPA-HQ-
OPP-2004-0292. 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

[[Page 41016]]

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, i.e., 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
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 Facility telephone number
is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Tony Kish, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-9443; fax number: (703) 308-9382; e-mail address: 
kish.tony@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 June 5, 2006, the NRDC filed objections to a final rule
establishing several new pesticide tolerances and increasing several
existing tolerances for pyraclostrobin. 71 FR 17014 (April 5, 2006).
Pesticide tolerances are established under section 408 of the FFDCA, 21
USC 346a. The new tolerances were for bean, succulent, shelled; legume
vegetables group, foliage, in crop group 7; mango (import); and papaya
(import). Tolerances were increased for almond, hulls; pea and bean,
dried shelled, except soybean, subgroup 6C; and strawberry.
    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 failure to provide an inadequate explanation for its decision on
the children's safety factor and because EPA never received information
EPA deemed necessary to its review of the pesticide.
    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 OPP Regulatory Public
Docket under the docket for the tolerance rules in question: OPP-2004-
0292. The OPP Regulatory Public Docket is physically located at the
address included in the ADDRESSES section above. The dockets for these
rulemakings are also available online in the Federal Government's
electronic docket at http://www.regulations.gov.


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: July 7, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E6-11480 Filed 7-18-06; 8:45 am]

BILLING CODE 6560-50-S
