[Federal Register Volume 67, Number 75 (Thursday, April 18, 2002)]
[Notices]
[Pages 19178-19180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9501]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0009; FRL-6832-6]


Availability of Reregistration Eligibility Decision Document for 
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces availability and starts a 60-day public 
comment period on the Reregistration Eligibility Decision (RED) 
document for the pesticide active ingredient propargite. The RED 
represents EPA's formal regulatory assessment of the health and 
environmental data base of the subject chemical and presents the 
Agency's determination regarding which pesticidal uses are eligible for 
reregistration.

DATES: Comments, identified by docket control number OPP-2002-0009, 
must be received on or before June 17, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPP-2002-0009 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: By mail: Dayton Eckerson, Special 
Review and Reregistration Division (7508W), Office of Pesticide 
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 308-8038; and e-mail 
address: [email protected].

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 the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) or the Federal Food, Drug, and 
Cosmetic Act (FFDCA); environmental, human health, and agricultural 
advocates; pesticides users; and members of the public interested in 
the use of pesticides. 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 person 
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/.
    To access RED documents and RED fact sheets electronically, go 
directly to the REDs table on the EPA Office of Pesticide Programs Home 
Page, at http://www.epa.gov/pesticides/reregistration/status.htm.
    2. In person. The Agency has established an official record for 
this

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action under docket control number OPP-2002-0009. The official record 
consists of the documents specifically referenced in this action, and 
other information related to this action, including any information 
claimed as Confidential Business Information (CBI). This official 
record includes the documents that are physically located in the 
docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period is available for 
inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-2002-0009 in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA. The PIRIB is open from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0/9.0 or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-2002-0009. Electronic comments 
may also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI That I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any 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 version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person identified 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 your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What Action is the Agency Taking?

    The Agency has issued a RED for the pesticide active ingredient 
listed in this document. Under the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), as amended in 1988, EPA is conducting an 
accelerated reregistration program to reevaluate existing pesticides to 
make sure they meet current scientific and regulatory standards. The 
data base to support the reregistration of the chemical listed in this 
document is substantially complete, and the pesticide's risks have been 
mitigated so that it will not pose unreasonable risks to people or the 
environment when used according to its approved labeling. In addition, 
EPA is reevaluating existing pesticides and reassessing tolerances 
under the Food Quality Protection Act (FQPA) of 1996. The pesticide 
included in this notice also has been found to meet the FQPA safety 
standard.
    All registrants of pesticide products containing the active 
ingredient listed in this document have been sent the appropriate RED, 
and must respond to labeling requirements and product-specific data 
requirements (if applicable) within 8 months of receipt. Products also 
containing other pesticide active ingredients will not be reregistered 
until those other active ingredients are determined to be eligible for 
reregistration.
    The reregistration program is being conducted under 
Congressionally-mandated time frames, and EPA recognizes both the need 
to make timely reregistration decisions and to involve the public. 
Therefore, EPA is generally issuing these REDs as final documents with 
a 60-day comment period. Although the 60-day public comment period does 
not affect the registrant's response due date, it is intended to 
provide an opportunity for public input and a mechanism for initiating 
any necessary amendments to the REDs. All comments will be carefully 
considered by the Agency. If any comment significantly affects a RED, 
EPA will amend the RED by publishing a description of the amendment in 
the Federal Register.
    EPA is particularly interested in receiving comments on the 
practicality of the revised restricted entry intervals (REIs) contained 
in the RED. (The REI is the period of time following a pesticide 
application during which EPA restricts worker entry into a treated area 
to mitigate risks posed by pesticide residues. Once the REI expires, 
EPA believes residues have declined to a point where they pose 
negligible risks to workers). As noted in the RED, the Agency typically 
structures its REI label requirements so that a single REI will apply 
to all post-application activities for a given crop or crop group. In 
other words, even if management of a given crop requires multiple post-
application activities, the Agency will establish a single REI for all 
those activities even if

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those activities involve different exposure potentials. To ensure that 
workers are adequately protected, that one REI will usually be based on 
the activity that involves the highest level of exposure. This approach 
is favored because users and employers are more likely to understand 
and comply with clear labels. Also, establishing multiple activity-
based REIs for crops could cause confusion and compromise compliance 
with and enforcement of worker protection regulations. However, when 
the consideration of risks and benefits indicate that a single REI is 
unworkable, EPA will consider granting exceptions. For most propargite 
uses, a single crop-specific REI is being proposed in the RED because 
no critical activity was identified that warranted establishing an 
exception. During the 60-day comment period for this RED, however, EPA 
will accept further comments from growers regarding needs for 
additional REI exceptions for specific post-application activities, and 
will add such exceptions where needed if there are adequate margins of 
exposure (MOEs) and/or benefits associated with such activities warrant 
such an exception. To assist the Agency in making its risk/benefit 
finding on a specific exception request, the following benefits-related 
information is most useful.
    1. Identify the crop(s) and provide a description of the specific 
production task(s) for which the exception is requested. Explain why 
the task is critical during the REI. As specifically as possible, 
describe how the task is performed including timing within the growing 
season, equipment and/or PPE used in performing the task, nature of the 
contact with treated surfaces, and duration for performing the task 
including the number of hours per days and number of days.
    2. Explain why the critical tasks cannot be performed prior to 
application or after the REI has expired. Include detailed information 
on the critical pest(s), the timing of the application, and the impact 
of modifying the pesticide application to conform to the REI.
    3. Describe the geographic area for which the exception or 
prohibition is requested. If the exception request is limited to a 
specific geographic area, describe why the circumstances of exposure or 
economic impact resulting from the prohibition of routine hand tasks 
during the REI are unique to the geographic area named in the 
exception.
    4. Explain, for each requested crop/task combination, why 
alternative practices would not be technically or financially viable. 
Such alternative practices might include rescheduling the pesticide 
application or hand labor activity; using non-chemical pest control 
alternatives; using an alternative to hand labor tasks, such as machine 
cultivation; or substituting a pesticide with a shorter REI. This 
information should include estimates or data on per acre revenue, and 
cost of production for the crop area for which the exception is 
requested. These estimates or data should include: The current 
situation, the situation if the exception is not granted, the situation 
if the exception is granted, and specific information on the individual 
factors which cause differences in revenues and cost among the three 
situations.
    5. Provide documentation or a description of the safety and 
feasibility of such an exception, including, but not limited to, the 
period of time required daily per worker to perform the hand labor 
activity, any suggested methods of reducing the worker's exposure, and 
any other mitigating factors, such as the availability of mechanical 
devices that would reduce the workers' contact with the treated 
surfaces.

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

    The legal authority for this RED falls under FIFRA, as amended in 
1988 and 1996. Section 4(g)(2)(A) of FIFRA 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.''

List of Subjects

    Environmental protection.


    Dated: April 5, 2002.
Lois Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 02-9501 Filed 4-17-02 8:45 am]
BILLING CODE 6560-50-S