

[Federal Register: July 5, 2006 (Volume 71, Number 128)]
[Proposed Rules]               
[Page 38125-38127]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jy06-27]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2005-0174 and EPA-HQ-OPP-2003-0373; FRL-8075-6]

 
Sulfuryl Fluoride; Request for Stay of Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Availability of request for stay of the effectiveness of 
tolerances; request for comments.

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SUMMARY: This document announces the availability of a document 
requesting a stay of the effectiveness of various pesticide tolerances 
under the Federal Food, Drug, and Cosmetic Act for sulfuryl fluoride 
and fluoride, and opens a public comment period on this document. This 
request for a stay was filed in conjunction with objections and 
requests for hearings that were submitted in response to promulgation 
of these tolerances. The stay request relies primarily on the recent 
report of the National Research Council on fluoride.

DATES: Comments must be received on or before August 4, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number(s) EPA-HQ-OPP-2005-0174 and/or EPA-HQ-OPP-2003-0373, 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 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-2005-0174 and/or EPA-HQ-OPP-2003-0373. 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

[[Page 38126]]

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 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: Meredith Laws, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-7038; fax number: (703) 308-0029; e-mail address: 
laws.meredith@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?

    EPA has received a motion requesting that EPA stay the 
effectiveness of pesticide tolerances for sulfuryl fluoride and 
fluoride promulgated on January 23, 2004 (69 FR 3240) (FRL-7342-1), and 
July 15, 2005 (70 FR 40899) (FRL-7723-7). There are currently 
objections and requests for hearing pending with regard to these 
tolerances. The objections and requests for hearing were filed by the 
Environmental Working Group, the Fluoride Action Network, and Beyond 
Pesticides/National Coalition (``the objectors''). The motion is dated 
June 1, 2006, but it was not received by EPA counsel handling this 
matter until June 13, 2006. As the basis for a stay, the objectors rely 
heavily on the National Research Council's report titled Fluoride in 
Drinking Water: A Scientific Review of EPA's Standards. This report was 
released on March 22, 2006.
    Given that the tolerances as to which the stay is being sought have 
been in effect for an extended period and that the request for a stay 
raises complex science issues of great public interest, EPA is 
publishing this notice of availability of the motion for a stay and 
requesting comment on the motion. The motion for a stay is available in 
the OPP Regulatory Public Docket under the dockets for the tolerance 
rules in question: EPA-HQ- OPP-2005-0174 and EPA-HQ-OPP-2003-0373. 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?

    Section 408(g)(1) of the FFDCA, 21 U.S.C. 346a(g)(1), authorizes 
EPA to stay the effectiveness of a regulation if objections are filed 
to such regulation. Section 408(g)(2) of the FFDCA, 21 U.S.C. 
346a(g)(2), permits any person to file objections to a tolerance 
regulation and authorizes EPA to rule on such objections.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides

[[Page 38127]]

and pests, Reporting and recordkeeping requirements.

    Dated: June 26, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E6-10454 Filed 7-3-06; 8:45 am]

BILLING CODE 6560-50-S
