

[Federal Register: September 1, 2006 (Volume 71, Number 170)]
[Notices]               
[Page 52068-52071]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se06-36]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0693; FRL-8090-3]

 
FIFRA Scientific Advisory Panel; Notice of Public Meeting

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY: There will be a 3-day meeting of the Federal Insecticide, 
Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to 
consider and review the Studies Evaluating the Impact of Surface 
Coatings on the Level of Dislodgeable Arsenic, Chromium and Copper from 
Chromated Copper Arsenate (CCA)-Treated Wood.

DATES:  The meeting will be held on November 14-16, 2006, from 8:30 
a.m. to approximately 5 p.m, eastern time.
    Comments: For the deadline for submission of requests to present 
oral comments and submission of written comments, see Unit I.C. of the 
SUPPLEMENTARY INFORMATION.

[[Page 52069]]

     Nominations: Nominations of scientific experts to serve as ad hoc 
members of the FIFRA SAP for this meeting should be provided on or 
before September 13, 2006.
     Special Accommodations: For information on access or services for 
individuals with disabilities, and to request accommodation of a 
disability, please contact the Designated Federal Official (DFO) listed 
under FOR FURTHER INFORMATION CONTACT at least 10 business days prior 
to the meeting, to give EPA as much time as possible to process your 
request.

ADDRESSES:  The meeting will be held at the Environmental Protection 
Agency, Conference Center - Lobby Level, One Potomac Yard (South Bldg.) 
2777 S. Crystal Drive, Arlington, Virginia 22202.
     Comments: Submit your comments, identified by docket ID number 
EPA-HQ-OPP-2006-0693, 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-
2006-0693. 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 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 
that is available at http://www.regulations.epa.gov. Although, listed 

in a docket 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 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.
     Nominations or requests to present oral comments.: See Unit I.C. 
of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT:  Joseph E. Bailey, DFO, Office of 
Science Coordination and Policy (7201M), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: (202) 564-2045; fax number: (202) 564-8382; e-mail addresses: 
bailey.joseph@epa.gov.


SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

     This action is directed to the public in general. This action may, 
however, be of interest to persons who are or may be required to 
conduct testing of chemical substances under FIFRA and the Federal 
Food, Drug, and Cosmetic Act (FFDCA). Since other entities may also 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 DFO listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    Tips for preparing your comments. When preparing and submitting 
comments, remember to use these tips:
    1. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    2. 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.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

C. How May I Participate in this Meeting?

     You may participate in this meeting by following the instructions 
in this unit. To ensure proper receipt by EPA, it is imperative that 
you identify docket ID number EPA-HQ-OPP-2006-0693 in the subject line 
on the first page of your submission.
    1. Oral comments: Oral comments presented at the meetings should 
not be repetitive of previously submitted oral or written 
comments.Although requests to present oral comments are accepted until 
the date of the meeting (unless otherwise stated), to the extent that 
time permits, the Chair of the FIFRA SAP may permit the presentation of 
oral comments at the meeting by interested persons who have not 
previously requested time. However, each individual or group wishing to 
make brief oral comments to FIFRA SAP is strongly advised to submit 
their request to the DFO listed under FOR FURTHER INFORMATION CONTACT 
no later than noon, eastern standard time, November 8, 2006, in order 
to be included on the meeting agenda. The request should identify the 
name of the individual

[[Page 52070]]

making the presentation, the organization (if any) the individual will 
represent, and any requirements for audiovisual equipment (e.g., 
overhead projector, 35 mm projector, chalkboard). Oral comments before 
FIFRA SAP are limited to approximately 5 minutes unless prior 
arrangements have been made. In addition, each speaker should bring 30 
copies of his or her comments and presentation slides for distribution 
to FIFRA SAP at the meeting.
    2. Written comments: Although submission of written comments are 
accepted until the date of the meeting, unless otherwise stated, the 
Agency encourages that written comments be submitted using the 
instructions in ADDRESSES, no later than noon, eastern standard time, 
November 1, 2006, to provide FIFRA SAP the time necessary to consider 
and review the written comments. It is requested that persons 
submitting comments directly to the docket also notify the DFO listed 
under FOR FURTHER INFORMATION CONTACT. Persons wishing to submit 
written comments at the meeting should bring 30 copies. There is no 
limit on the extent of written comments for consideration by FIFRA SAP.
    3. Seating at the meeting: Seating at the meeting will be on a 
first-come basis. Individuals requiring special accommodations at this 
meeting, including wheelchair access, should contact the DFO at least 
10 business days prior to the meeting using the information under FOR 
FURTHER INFORMATION CONTACT so that appropriate arrangements can be 
made.
    4. Request for nominations to serve as ad hoc members of the FIFRA 
SAP for this meeting. As part of a broader process for developing a 
pool of candidates for each meeting, the FIFRA SAP staff routinely 
solicit the stakeholder community for nominations of prospective 
candidates for service as ad hoc members of the FIFRA SAP. Any 
interested person or organization may nominate qualified individuals to 
be considered as prospective candidates for a specific meeting. 
Individuals nominated for the meeting announced in this notice should 
have expertise in one or more of the following areas: Wood technology 
and wood preservatives, statistics, exposure and risk assessment and 
children's health. Nominees should be scientists who have sufficient 
professional qualifications, including training and experience, to be 
capable of providing expert comments on the issues for this meeting. 
Nominees should be identified by name, occupation, position, address, 
and telephone number. Nominations should be provided to the DFO listed 
under FOR FURTHER INFORMATION CONTACT on or before September 13, 2006. 
The Agency will consider all nominations of prospective candidates for 
this meeting that are received on or before this date. However, final 
selection of ad hoc members for this meeting is a discretionary 
function of the Agency.
     The selection of scientists to serve on FIFRA SAP is based on the 
function of the panel and the expertise needed to address the Agency's 
charge to the panel. No interested scientists shall be ineligible to 
serve by reason of their membership on any other advisory committee to 
a Federal department or agency or their employment by a Federal 
department or agency (except EPA). Other factors considered during the 
selection process include availability of the potential panel member to 
fully participate in the panel's reviews, absence of any conflicts of 
interest or appearance of lack of impartiality, independence with 
respect to the matters under review, and lack of bias. Though financial 
conflicts of interest, the appearance of lack of impartiality, lack of 
independence, and bias may result in disqualification, the absence of 
such concerns does not assure that a candidate will be selected to 
serve on FIFRA SAP. Numerous qualified candidates are identified for 
each panel. Therefore, selection decisions involve carefully weighing a 
number of factors including the candidates' areas of expertise and 
professional qualifications and achieving an overall balance of 
different scientific perspectives on the panel. In order to have the 
collective breadth of experience needed to address the Agency's charge 
for this meeting, the Agency anticipates selecting approximately 12 ad 
hoc scientists.
     If a prospective candidate for service on FIFRA SAP is considered 
for participation in a particular session, the candidate is subject to 
the provisions of 5 CFR part 2634, Executive Branch Financial 
Disclosure, as supplemented by EPA in 5 CFR part 6401. As such, the 
FIFRA SAP candidate is required to submit a Confidential Financial 
Disclosure Form for Special Government Employees Serving on Federal 
Advisory Committees at the U.S. Environmental Protection Agency (EPA 
Form 3110-48 5-02) which shall fully disclose, among other financial 
interests, the candidate's employment, stocks and bonds, and where 
applicable, sources of research support. The EPA will evaluate the 
candidate's financial disclosure form to assess that there are no 
financial conflicts of interest, no appearance of lack of impartiality, 
and no prior involvement with the development of the documents under 
consideration including previous scientific peer review before the 
candidate is considered further for service on FIFRA SAP.
     Those who are selected from the pool of prospective candidates 
will be asked to attend the public meetings and to participate in the 
discussion of key issues and assumptions at these meetings. In 
addition, they will be asked to review and to help finalize the meeting 
minutes. The list of FIFRA SAP members participating at this meeting 
will be posted on the FIFRA SAP Web site or may be obtained by 
contacting the OPP Regulatory Public Docket at the address or telephone 
number listed under ADDRESSES.

II. Background

A. Purpose of the FIFRA SAP

    Amendments to FIFRA enacted November 28, 1975 (7 U.S.C. 136w(d), 
include a requirement under section 25(d) of FIFRA that notices of 
intent to cancel or reclassify pesticide regulations pursuant to 
section 6(b)(2) of FIFRA, as well as proposed and final forms of 
regulations pursuant to section 25(a) of FIFRA, be submitted to a SAP 
prior to being made public or issued to a registrant. In accordance 
with section 25(d) of FIFRA, the FIFRA SAP is to have an opportunity to 
comment on the health and environmental impact of such actions. The 
FIFRA SAP also shall make comments, evaluations, and recommendations 
for operating guidelines to improve the effectiveness and quality of 
analyses made by Agency scientists. Members are scientists who have 
sufficient professional qualifications, including training and 
experience, to be capable of providing expert comments as to the impact 
on health and the environment of regulatory actions under sections 6(b) 
and 25(a) of FIFRA. The Deputy Administrator appoints seven individuals 
to serve on the FIFRA SAP for staggered terms of 4-years, based on 
recommendations from the National Institutes of Health and the National 
Science Foundation.
    Section 104 of Food Quality Protection Act of 1996 (FQPA) (Public 
Law 104-170) established the FQPA Science Review Board (SRB). These 
scientists shall be available to the FIFRA SAP on an ad hoc basis to 
assist in reviews conducted by the FIFRA SAP.

B. Public Meeting

     Chromated Copper Arsenate (CCA) is a preservative that is 
impregnated under pressure into wood to protect it from decay and 
insect damage. In October

[[Page 52071]]

2001, the U.S. Environmental Protection Agency (EPA) requested guidance 
from the FIFRA Scientific Advisory Panel (SAP) about risk mitigation 
measures, such as the application of surface coatings, for CCA-treated 
wood (SAP Report No. 2001-12). The SAP Panel made ``recommendations 
regarding the need for additional studies in this area...'' because the 
``weight-of evidence from available studies indicates that certain 
coatings can substantially reduce dislodgeable and leachable CCA 
chemicals.'' The Panel also recommended that ``EPA inform the public of 
the ability of certain coatings to substantially reduce leachable and 
dislodgeable CCA chemicals...''
     In response to these recommendations, EPA and the Consumer Product 
Safety Commission (CPSC) staff (Interagency Agreement  CPSC-I-
03-1235), conducted studies evaluating the ability of selected coatings 
to reduce the amount of dislodgeable chemicals on CCA-treated wood 
surfaces under natural weather conditions for 2 years, August 2003-
August, 2005. The data presented are final data from the studies; 
interim one-year data from the studies were reviewed through a letter 
peer review process previously.
     On November 14-16, 2006, the FIFRA SAP will meet to review and 
consider the EPA and CPSC staff studies of the impact of surface 
coatings on the levels of dislodgeable arsenic, chromium, and copper 
from treated wood. The review will focus on the design and methodology 
employed in the studies, extrapolation of the results, and areas for 
future research.

C. FIFRA SAP Documents and Meeting Minutes

    EPA's position paper, charge/questions to FIFRA SAP, FIFRA SAP 
composition (i.e., members and consultants for this meeting), the 
meeting agenda and the EPA and CPSC staff studies will be available by 
early October 2006. In addition, the Agency may provide additional 
background documents as the materials become available. You may obtain 
electronic copies of these documents, and certain other related 
documents that might be available electronically, from the 
regulations.gov Web site and the FIFRA SAP homepage at http://www.epa.gov/scipoly/sap
.

     The FIFRA SAP will prepare meeting minutes summarizing its 
recommendations to the Agency in approximately 90 days after the 
meeting. The meeting minutes will be posted on the FIFRA SAP Web site 
or may be obtained by contacting the OPP Regulatory Public Docket at 
the address or telephone number listed under ADDRESSES.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: August 23, 2006.
Clifford J. Gabriel,
Director, Office of Science Coordination and Policy.

[FR Doc. E6-14537 Filed 8-31-06; 8:45 am]

BILLING CODE 6560-50-S
