

[Federal Register: August 9, 2006 (Volume 71, Number 153)]
[Notices]               
[Page 45546-45548]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au06-77]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0123; FRL-8083-1]

 
Methyl Bromide Tolerance Reassessment and Risk Management 
Decision (TRED) for Methyl Bromide, and Reregistration Eligibility 
Decision (RED) for Methyl Bromide's Commodity Uses; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Tolerance 
Reassessment and Risk Management Decision (TRED) for Methyl Bromide, 
and Reregistration Eligibility Decision (RED) for Methyl Bromide's 
Commodity Uses, and opens a public comment period on this document. The 
Agency's risk assessments and other related documents also are 
available in the methyl bromide docket. Methyl bromide is a broad-
spectrum fumigant chemical that can be used as an acaricide, 
antimicrobial, fungicide, herbicide, insecticide, nematicide, and 
vertebrate control agent. This reregistration decision document covers 
the methyl bromide uses that have accompanying food residue tolerances 
such as post-harvest fumigation of food commodities in chambers at 
ports or specialized structural fumigations at food processing 
facilities, as well as some uses without tolerances that are performed 
in similar facilities. EPA has reviewed the methyl bromide commodity 
uses 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. EPA is 
currently assessing risks and will develop risk management decisions 
for five soil fumigant pesticides: Chloropicrin, dazomet, metam sodium, 
methyl bromide, and a new active ingredient, iodomethane. Risks of a 
sixth soil fumigant, 1, 3-D (Telone), will be discussed for comparative 
purposes because the risk management decision was completed in 1998. A 
decision on the reregistration of methyl bromide's non-commodity uses 
that do not have food tolerances (e.g., pre-plant soil, greenhouse, 
residential) is scheduled to be completed in 2007 with the other soil 
fumigants.

DATES: Comments must be received on or before October 10, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0123, 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 telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0123. 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 http://www.regulations.gov or E-mail. The Federal http://www.regulations.gov 

Web site 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 http://www.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

[[Page 45547]]

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 
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: Steven Weiss, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8293; fax 
number: (703) 308-8005; E-mail address: weiss.steven@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 
http://www.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 Tolerance Reassessment and Risk Management Decision 
(TRED) for Methyl Bromide, and Reregistration Eligibility Decision 
(RED) for Methyl Bromide's Commodity Uses under section 4(g)(2)(A) of 
FIFRA. Methyl bromide is a broad-spectrum fumigant chemical that can be 
used as an acaricide, antimicrobial, fungicide, herbicide, insecticide, 
nematicide, and vertebrate control agent. The most prevalent use 
pattern is as a soil fumigant; however, it is also used as a structural 
fumigant and for post-harvest treatment of commodities, which are the 
uses considered in these decisions. EPA has determined that the data 
base to support reregistration is substantially complete and that 
products containing methyl bromide are eligible for reregistration 
depending on their specific uses, provided the risks are mitigated in 
the manner described in the RED. 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 methyl bromide.
    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 methyl bromide tolerances.
    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, methyl bromide 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 methyl bromide commodity uses.
    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 methyl 
bromide commodity use 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 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

[[Page 45548]]

Agency Docket for methyl bromide. Comments received after the close of 
the comment period will be marked ``late.'' EPA is not required to 
consider these late comments.
    The Agency will carefully consider all comments received by the 
closing date and will provide a Response to Comments Memorandum in the 
Docket and http://www.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 methyl bromide 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: August 2, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E6-12898 Filed 8-8-06; 8:45 am]

BILLING CODE 6560-50-S
