

[Federal Register: August 23, 2006 (Volume 71, Number 163)]
[Notices]               
[Page 49443-49445]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au06-60]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0284; FRL-8085-6]

 
Aliphatic Solvents; Reregistration Eligibility Decision for Low 
Risk Pesticide; Notice of Availability

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY:  This notice announces the availability of EPA's 
Reregistration Eligibility Decision (RED) for the pesticide aliphatic 
solvents, and opens a public comment period on this document, related 
risk assessments, and other support documents. EPA has reviewed the low 
risk pesticide aliphatic solvents through a modified, streamlined 
version of 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.

DATES:  Comments must be received on or before October 23, 2006.

ADDRESSES:  Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0284, 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 telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0284. 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

[[Page 49444]]

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 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 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 telephone number is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT:  Bentley Gregg, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8178; fax 
number: (703) 308-8005); e-mail address: gregg.bentley@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?

    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. 
Using a modified, streamlined version of its public participation 
process, EPA has completed a RED for the low risk pesticide, aliphatic 
solvents under section 4(g)(2)(A) of FIFRA. Aliphatic solvents are the 
product of petroleum distillations processes, and thus, they are 
complex mixtures of long-chain aliphatic (paraffinic) compounds. They 
are formulated for use as insecticides and/or larvicides on crops, 
animal premises, commercial/industrial premises, medical premises, 
aquatic areas, and residential premises, as well as occupational and 
residential uses as acaricides, fungicides, herbicides, and virucides 
(for plant pathogen. The aquatic area applications are for usage as a 
mosquito larvicide/pupacide. EPA has determined that the data base to 
support reregistration is substantially complete and that products 
containing aliphatic solvents will be eligible for reregistration. 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 any 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 aliphatic solvents.
     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 aliphatic solvents tolerances.
    Although, the aliphatic solvents RED was signed on July 12, 2006, 
certain components of the document, which did not affect the final 
regulatory decision, were undergoing final editing at that time. These 
components, including the list of additional generic data requirements, 
summary of labeling changes, appendices, and other relevant 
information, have been added to the aliphatic solvents RED document. In 
addition, subsequent to signature, EPA identified several minor errors 
and ambiguities in the document. Therefore,

[[Page 49445]]

for the sake of accuracy, the Agency also has included the appropriate 
error corrections, amendments, and clarifications. None of these 
additions or changes alter the conclusions documented in the July 12, 
2006 aliphatic solvents RED. All of these changes are described in 
detail in an errata memorandum which is included in the public docket 
for aliphatic solvents.
     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, the Agency 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. 
EPA can expeditiously reach decisions for pesticides like aliphatic 
solvents, which pose few risk concerns, and require little risk 
mitigation. Once EPA assesses uses and risks for such low risk 
pesticides, the Agency may go directly to a decision and prepare a 
document summarizing its findings, such as the aliphatic solvents RED.
     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 in finding ways to 
effectively mitigate pesticide risks. Aliphatic solvents, however, 
poses few risks that require mitigation. The Agency therefore is 
issuing the aliphatic solvents RED, its risk assessments, and related 
support materials simultaneously for public comment. The comment period 
is intended to provide an 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 Agency Docket for aliphatic solvents. Comments received after the 
close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    EPA 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 RED in the Federal Register. 
In the absence of substantive comments requiring changes, the aliphatic 
solvents 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 FFDC.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 15, 2006.
Peter Caulkins,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E6-13856 Filed 8-22-06; 8:45 am]

BILLING CODE 6560-50-S
