

[Federal Register: March 17, 2006 (Volume 71, Number 52)]
[Notices]               
[Page 13838-13840]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr06-77]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0143; FRL-7768-6]

 
Bromine; Tolerance Reassessment Decision; 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 Decision (TRED) for the pesticide Bromine, and opens a 
public comment period on this document. The Agency's risk assessments 
and other related documents also are available in the Bromine Docket. 
Through the tolerance reassessment program, EPA is ensuring that all 
pesticides meet current health and food safety standards.

DATES: Comments must be received on or before April 17, 2006.

ADDRESS: Submit your comments, identified by docket identification (ID) 
number EPA-HQ-OPP-2006-0143 by one of the following methods:
     http://www.regulations.gov/. Follow the on-line 

instructions for submitting comments.
     Mail: Public Information and Records Integrity Branch 
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
     Hand Delivery: Public Information and Records Integrity Branch 
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St., 
Arlington, VA, Attention: Docket ID number EPA-HQ-OPP- 2006-0143. The 
docket facility is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the docket 
facility is (703) 305-5805. Such deliveries are only accepted during 
the Docket's normal hours of operation, and special arrangements should 
be made for deliveries of boxed information.
     Instructions. Direct your comments to docket ID number EPA-HQ-OPP-
2006-0143. EPA's policy is that all comments received will be included 
in the public 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 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 captured automatically and included as part 
of the comment that is placed in the public 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

[[Page 13839]]

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. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/docket.htm/
.

     Docket. All documents in the docket are listed in the 
regulation.gov 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, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov/ or in hard copy at the Public 

Information and Records Integrity Branch (PIRIB) (7502C), Office of 
Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, 
Crystal Mall 2, 1801 S. Bell St., Arlington, VA. The docket 
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the docket facility 
is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: ShaRon Carlisle, Antimicrobials 
Division (7510C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-6427; fax number: (703)308-8481; e-

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 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 reassessed risks associated with use of the pesticide 
bromine, reassessed the one existing tolerance (40 CFR 180.519) or 
legal residue limits for residues of residual bromine in potable water, 
and on September 26, 2005, reached a tolerance reassessment and risk 
management decision.
     The Agency has evaluated all current registered uses of bromine 
and has determined based on available data, that there is a reasonable 
certainty that no harm to any population subgroup will result from 
exposure to bromine. Therefore, no mitigation measures are needed, and 
the current tolerances established at 40 CFR180.519 for residues of 
residual bromine in potable water are now considered reassessed under 
section 408(q) of the FFDCA.
     Bromine is an active ingredient in four products; two products 
with multiple active ingredients and two products as the sole active 
ingredient. The multiple active ingredient products control mold, 
mildew, fungi, insects, and odors in exposed surfaces of bedding, 
mattresses, textiles, drapes, upholstered furniture, rugs, carpets, and 
storage areas. The other two bromine products, formulated as 
cartridges, are used to disinfect drinking water in nonresidential 
settings. The ready-to-use liquid products containing bromine as well 
as other active ingredients are intended for household, farm premises, 
and animal quarters use. Use of the two drinking water bromine products 
is for ships and oil rig platforms. The Agency is now issuing for 
comment a Report on Food Quality Protection Act (FQPA) Tolerance 
Reassessment Progress and Risk Management Decision for bromine, known 
as a TRED, as well as related technical support documents.
     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 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 bromine tolerances included in this notice.
     Although the Bromine TRED was signed on September 26, 2005, 
certain components of the document, which did not affect the final 
regulatory decision, were undergoing final editing at that time. None 
of these additions or changes alter the conclusions documented in the 
September 2006 Bromine TRED.
    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, low risks, and other factors, bromine was reviewed 
through the modified 4-Phase public participation process. Through this 
process, EPA worked extensively

[[Page 13840]]

with stakeholders and the public to reach the regulatory decisions for 
bromine.
     The tolerance reassessment 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 bromine TRED 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 TRED. 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 bromine. 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 regulations.gov. If any comment significantly affects the 
document, EPA also will publish an amendment to the TRED in the Federal 
Register. In the absence of substantive comments requiring changes, the 
tolerance reassessment decisions reflected in this TRED will be 
implemented as presented.

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

     Section 408(q) of the 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: March 9, 2006.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 06-2559 Filed 3-16-06; 8:45 am]

BILLING CODE 6560-50-S
