
[Federal Register: September 1, 2009 (Volume 74, Number 168)]
[Notices]               
[Page 45200-45202]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se09-58]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0629; FRL-8432-9]

 
Petition to Revoke Tolerances for 13 Pesticides; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is announcing the availability and seeking comment on a 
July 23, 2009 petition from the American Bird Conservancy (ABC), 
requesting that EPA revoke tolerances established under the Federal 
Food, Drug and Cosmetic Act (FFDCA), section 408, for uses of 13 
pesticides with no associated U.S. registrations. ABC claims that 
maintaining these tolerances allows Central and South American 
countries to continue using these pesticides on crops for which the 
United States has already determined there are unacceptable risks for 
U.S. protected migratory birds.

DATES: Comments must be received on or before November 2, 2009.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2009-0629, 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 Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility'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 EPA-HQ-OPP-
2009-0629. 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 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 
available at http://www.regulations.gov. 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 Dr., 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: Richard P. Dumas, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8015; fax 
number: (703) 308-8005; e-mail address: dumas.richard@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 45201]]

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 and 
agricultural advocates; the chemical industry; pesticide users; and 
foreign governments.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. Since others also may interested, the Agency has not 
attempted to describe all 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. What Action is the Agency Taking?

    EPA requests public comment during the next 60 days on a petition 
available under docket ID number EPA-HQ-OPP-2009-0629, received from 
the ABC. The petition requests that EPA revoke tolerances established 
under section 408 of the FFDCA for uses of 13 pesticides with no 
associated U.S. registrations. ABC claims that maintaining these 
tolerances allows Central and South American countries to continue 
using these pesticides on crops for which the United States has already 
determined there are unacceptable risks for U.S. protected migratory 
birds.
    The Specific 13 Tolerances Requested for Revocation are:

------------------------------------------------------------------------
                                       Tolerance
            Pesticide                Requested for       CFR Citation
                                      Revocation
------------------------------------------------------------------------
Cadusafos                         Banana              40 CFR 180.461
------------------------------------------------------------------------
Cyproconazole                     Coffee, bean,       40 CFR 180.485
                                   green (imported)
------------------------------------------------------------------------
Diazinon                          Kiwifruit           40 CFR 180.153
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Dithianon                         Fruit, pome, group  40 CFR 180.621
                                   11
                                  Hop, dried cones..
------------------------------------------------------------------------
Diquat                            Banana              40 CFR 180.226
                                  Coffee, bean,
                                   green.
------------------------------------------------------------------------
Dimethoate                        Blueberry           40 CFR 180.204
------------------------------------------------------------------------
Fenamiphos                        Banana              40 CFR 180.349
                                  Fruit, citrus,
                                   group 10.
                                  Garlic............
                                  Grape.............
                                  Pineapple.........
------------------------------------------------------------------------
Mevinphos                         Broccoli            40 CFR 180.157
                                  Cabbage...........
                                  Cauliflower.......
                                  Celery............
                                  Cucumber..........
                                  Grape.............
                                  Lettuce...........
                                  Melon.............
                                  Pea...............
                                  Pepper............
                                  Spinach...........
                                  Squash, summer....
                                  Strawberry........
                                  Tomato............
                                  Watermelon........
------------------------------------------------------------------------

[[Page 45202]]


Methomyl                          Hop, dried cones    40 CFR 180.253
------------------------------------------------------------------------
Naled                             Cucumber            40 CFR 180.215
                                  Lettuce...........
                                  Tomato............
                                  Pumpkin...........
                                  Squash, winter....
                                  Turnip, tops......
------------------------------------------------------------------------
Phorate                           Coffee, bean,       40 CFR 180.206
                                   green
------------------------------------------------------------------------
Terbufos                          Coffee, bean,       40 CFR 180.352
                                   green
------------------------------------------------------------------------
Dichlorvos                        Tomato              40 CFR 180.235
------------------------------------------------------------------------

    ABC also asserts that should EPA believe that tolerances for import 
purposes are necessary, it must consult with the U.S. Fish and Wildlife 
Service to retain the tolerances listed above to ``identify where 
unintentional take reasonably attributable to agency actions is having, 
or is likely to have, a measurable negative effect on migratory bird 
populations...'' and ``develop and use principles, standards and 
practices that will lessen the amount of unintentional take...''

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: August 24, 2009.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. E9-21124 Filed 8-31-09; 8:45 am]

BILLING CODE 6560-50-S
