70 FR 65 pgs. 17447-17450 - Fluometuron; Notice of Availability of Risk Assessments andOpening of Docket
Type: NOTICEVolume: 70Number: 65Pages: 17447 - 17450
Docket number: [OPP-2005-0372]; FRL-7703-5]
FR document: [FR Doc. 05-6708 Filed 4-5-05; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0372]; FRL-7703-5]
Fluometuron; Notice of Availability of Risk Assessments andOpening of Docket
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Notice.
SUMMARY:
This notice announces the availability of EPA'srisk assessments, preliminary risk reduction options, and related documentsfor fluometuron, a phenylurea herbicide, and opens a public comment periodon these documents. The public is encouraged to suggest risk managementideas or proposals to address the risks identified. EPA is developing aReregistration Eligibility Decision (RED) for fluometuron through amodified, 4-Phase public participation process that the Agency uses toinvolve the public in developing pesticide reregistration and tolerancereassessment decisions. Through this program, EPA is ensuring that allpesticides meet current health and safety standards.
DATES:
Comments, identified by docket identification(ID) number OPP-2004-0372, must be received on or before June 6, 2005.
ADDRESSES:
Comments may be submitted electronically, bymail, or through hand delivery/courier. Follow the detailed instructionsas provided in Unit I. of the SUPPLEMENTARYINFORMATION .
FOR FURTHER INFORMATION CONTACT:
Kylie Rothwell,Special Review and Reregistration Division (7508C), Office of PesticidePrograms, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460-0001; courier address: 1801 S. Bell Street;Arlington, VA 22202; telephone number: (703) 308-8055; fax number:(703) 308-8172; e-mail address: rothwell.kylie@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 interestto a wide range of stakeholders including environmental, human health, andagricultural advocates; the chemical industry; pesticide users; and membersof the public interested in the sale, distribution, or use of pesticides.Since others also may be interested, the Agency has not attempted todescribe all the specific entities that may be affected by this action. Ifyou have any questions regarding the applicability of this action to aparticular entity, consult the person listed under FOR FURTHERINFORMATION CONTACT .
B. How Can I Get Copies of this Document and Other RelatedInformation?
1. Docket . EPA has established an official public docketfor this action under docket ID number OPP-2004-0372. Theofficial public docket consists of the documents specifically referenced inthis action, any public comments received, and other information related tothis action. Although a part of the official docket, the public docketdoes not include Confidential Business Information (CBI) or otherinformation whose disclosure is restricted by statute. The official publicdocket is the collection of materials that is available for public viewingat the Public Information and Records Integrity Branch (PIRIB), Rm. 119,Crystal Mall #2, 1801 S. Bell St., Arlington, VA. This docket facilityis open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legalholidays. The docket telephone number is (703) 305-5805.
2. Electronic access . You may access this Federal Register document electronically through the EPAInternet under the " Federal Register " listings at http://www.epa.gov/fedrgstr/ .
An electronic version of the public docket is available through EPA'selectronic public docket and comment system, EPA Dockets. You may use EPADockets at http://www.epa.gov/edocket/ to submit or viewpublic comments, access the index listing of the contents of the officialpublic docket, and to access those documents in the public docket that areavailable electronically. Once in the system, select "search,"then key in the appropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.Information claimed as CBI and other information whose disclosure isrestricted by statute, which is not included in the official public docket,will not be available for public viewing in EPA's electronic public docket.EPA's policy is that copyrighted material will not be placed in EPA'selectronic public docket but will be available only in printed, paper formin the official public docket. To the extent feasible, publicly availabledocket materials will be made available in EPA's electronic public docket.When a document is selected from the index list in EPA Dockets, the systemwill identify whether the document is available for viewing in EPA'selectronic public docket. Although not all docket materials may beavailable electronically, you may still access any of the publiclyavailable docket materials through the docket facility identified in UnitI.B.1. EPA intends to work towards providing electronic access to all ofthe publicly available docket materials through EPA's electronic publicdocket.
For public commenters, it is important to note that EPA's policy is thatpublic comments, whether submitted electronically or in paper, will be madeavailable for public viewing in EPA's electronic public docket as EPAreceives them and without change, unless the comment contains copyrightedmaterial, CBI, or other information whose disclosure is restricted bystatute. When EPA identifies a comment containing copyrighted material,EPA will provide a reference to that material in the version of the commentthat is placed in EPA's electronic public docket. The entire printedcomment, including the copyrighted material, will be available in thepublic docket.
Public comments submitted on computer disks that are mailed or deliveredto the docket will be transferred to EPA's electronic public docket.Public comments that are mailed or delivered to the docket will be scannedand placed in EPA's electronic public docket. Where practical, physicalobjects will be photographed, and the photograph will be placed in EPA'selectronic public docket along with a brief description written by thedocket staff.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through handdelivery/courier. To ensure proper receipt by EPA, identify theappropriate docket ID number in the subject line on the first page of yourcomment. Please ensure that your comments are submitted within thespecified comment period. Comments received after the close of the commentperiod will be marked "late." EPA is not required to considerthese late comments. If you wish to submit CBI or information that isotherwise protected by statute, please follow the instructions in Unit I.D.Do not use EPA Dockets or e-mail to submit CBI or information protected bystatute.
1. Electronically . If you submit an electronic commentas prescribed in this unit, EPA recommends that you include your name,mailing address, and an e-mail address or other contact information in thebody of your comment. Also include this contact information on the outsideof any disk or CD ROM you submit, and in any cover letter accompanying thedisk or CD ROM. This ensures that you can be identified as the submitterof the comment and allows EPA to contact you in case EPA cannot read yourcomment due to technical difficulties or needs further information on thesubstance of your comment. EPA's policy is that EPA will not edit yourcomment, and any identifying or contact information provided in the body ofa comment will be included as part of the comment that is placed in theofficial public docket, and made available in EPA's electronic publicdocket. If EPA cannot read your comment due to technical difficulties andcannot contact you for clarification, EPA may not be able to consider yourcomment.
i. EPA Dockets . Your use of EPA's electronic publicdocket to submit comments to EPA electronically is EPA's preferred methodfor receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/ , and follow the online instructionsfor submitting comments. Once in the system, select "search,"and then key in docket ID number OPP-2004-0372. The system isan "anonymous access" system, which means EPA will not knowyour identity, e-mail address, or other contact information unless youprovide it in the body of your comment.
ii. E-mail . Comments may be sent by e-mail to opp-docket@epa.gov , Attention: Docket ID NumberOPP-2004-0372. In contrast to EPA's electronic public docket,EPA's e-mail system is not an "anonymous access" system. Ifyou send an e-mail comment directly to the docket without going throughEPA's electronic public docket, EPA's e-mail system automatically capturesyour e-mail address. E-mail addresses that are automatically captured byEPA's e-mail system are included as part of the comment that is placed inthe official public docket, and made available in EPA's electronic publicdocket.
iii. Disk or CD ROM . You may submit comments on a diskor CD ROM that you mail to the mailing address identified in Unit I.C.2.These electronic submissions will be accepted in WordPerfect or ASCII fileformat. Avoid the use of special characters and any form ofencryption.
2. By mail . Send your comments to: Public Informationand Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs(OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460-0001, Attention: Docket ID NumberOPP-2004-0372.
3. By hand delivery or courier . Deliver your commentsto: Public Information and Records Integrity Branch (PIRIB), Office ofPesticide Programs (OPP), Environmental Protection Agency, Rm. 119, CrystalMall #2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID NumberOPP-2004-0372. Such deliveries are only accepted during thedocket's normal hours of operation as identified in Unit I.B.1.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI electronicallythrough EPA's electronic public docket or by e-mail. You may claiminformation that you submit to EPA as CBI by marking any part or all ofthat information as CBI (if you submit CBI on disk or CD ROM, mark theoutside of the disk or CD ROM as CBI and then identify electronicallywithin the disk or CD ROM the specific information that is CBI).Information so marked will not be disclosed except in accordance withprocedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes anyinformation claimed as CBI, a copy of the comment that does not contain theinformation claimed as CBI must be submitted for inclusion in the publicdocket and EPA's electronic public docket. If you submit the copy thatdoes not contain CBI on disk or CD ROM, mark the outside of the disk or CDROM clearly that it does not contain CBI. Information not marked as CBIwill be included in the public docket and EPA's electronic public docketwithout prior notice. If you have any questions about CBI or theprocedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT .
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing yourcomments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that supportyour views.
4. If you estimate potential burden or costs, explain how you arrivedat your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadlineidentified.
8. To ensure proper receipt by EPA, identify the appropriate docket IDnumber in the subject line on the first page of your response. It wouldalso be helpful if you provided the name, date, and FederalRegister citation related to your comments.
II. Background
A. What Action is the Agency Taking?
EPA is releasing for public comment its human health and environmentalfate and effects risk assessments and related documents for the phenylureaherbicide, fluometuron, and is encouraging the public to suggest riskmanagement ideas or proposals. EPA is ensuring that pesticides meetcurrent standards under the Federal Insecticide, Fungicide, and RodenticideAct (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), asamended by the Food Quality Protection Act of 1996 (FQPA).
Fluometuron is a preplant, preemergence and/or postemergence herbicideused on cotton to control broadleaf and grass weeds. There are potentialchronic dietary risks of concern and cancer risks of concern as a result ofdrinking water exposure, and potential acute and chronic ecological risksof concern. EPA is providing an opportunity, through this notice, forinterested parties to provide comments and input on the Agency's riskassessments for fluometuron. Such comments and input could address thepotential risks of concern. The Agency is interested in obtaining anyadditional data or information that may further refine the riskassessments, such as additional cancer data, ecological toxicity data,percent crop treated information, typical application rates and timings,etc.
EPA seeks to achieve environmental justice, the fair treatment andmeaningful involvement of all people, regardless of race, color, nationalorigin, or income, in the development, implementation, and enforcement ofenvironmental laws, regulations, and policies. To help address potentialenvironmental justice issues, the Agency seeks information on any groups orsegments of the population who, as a result of their location, culturalpractices, or other factors, may have atypical, unusually high exposure tofluometuron, compared to the general population.
EPA is releasing for public comment its risk assessments forfluometuron, to provide an opportunity for interested parties to alsoprovide risk management proposals or otherwise comment on risk management.Such comments and proposals should further discuss ways to managefluometuron's dietary (water), cancer, and/or ecological risks resultingfrom its use on cotton, as discussed in the Agency's risk assessments.
EPA is applying the principles of public participation to all pesticidesundergoing reregistration and tolerance reassessment. The Agency'sPesticide Tolerance Reassessment and Reregistration; Public ParticipationProcess, published in the Federal Register on May 14, 2004,explains that in conducting these programs, the Agency is tailoring itspublic participation process to be commensurate with the level of risk,extent of use, complexity of the issues, and degree of public concernassociated with each pesticide. For fluometuron, a modified, 4-Phaseprocess with one comment period and ample opportunity for publicconsultation seems appropriate in view of its limited use pattern.However, if as a result of comments received during this comment period EPAfinds that additional issues warranting further discussion are raised, theAgency may lengthen the process and include a second comment period, asneeded.
All comments should be submitted using the methods in Unit I. of the SUPPLEMENTARY INFORMATION , and must be received by EPA on orbefore the closing date. Comments will become part of the Agency Docketfor fluometuron. Comments received after the close of the comment periodwill be marked "late." EPA is not required to consider theselate comments.
B. What is the Agency's Authority for Taking this Action?
Section 4(g)(2) of FIFRA as amended directs that, after submission ofall data concerning a pesticide active ingredient, "the Administratorshall determine whether pesticides containing such active ingredient areeligible for reregistration," before calling in product specific dataon individual end-use products and either reregistering products or takingother "appropriate regulatory action."
Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to reviewtolerances and exemptions for pesticide residues in effect as of August 2,1996, to determine whether the tolerance or exemption meets therequirements of section 408(b)(2) or (c)(2) of FFDCA. This review is tobe completed by August 3, 2006.
List of Subjects
Environmental protection, pesticides and pests.
Dated: March 11, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office ofPesticide Programs.
[FR Doc. 05-6708 Filed 4-5-05; 8:45 am]
BILLING CODE 6560-50-S