[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Notices]
[Pages 39980-39981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14636]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0096; FRL-7181-6]


Norflurazon and Fenbutatin-Oxide Tolerance Reassessment 
Decisions; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice of tolerance reassessment for norflurazon and 
fenbutatin-oxide starts the 30-day public comment period during which 
the public is invited to submit comments on the Agency's ``Report of 
the Food Quality Protection Act (FQPA) Tolerance Reassessment Progress 
and Risk Management Decision (TRED) for Norflurazon'' and ``Report of 
the Food Quality Protection Act (FQPA) Tolerance Reassessment Progress 
and Risk Management Decision (TRED) for Fenbutatin-oxide.'' The Agency 
is providing an opportunity, through this notice, for interested 
parties to comment on the Agency's tolerance reassessment decisions in 
accordance with procedures described in Unit I of this document. All 
comments will be carefully considered by the Agency. If any comment 
causes the Agency to revise its decision on tolerance reassessment for 
norflurazon and/or fenbutatin-oxide, the Agency will publish notice of 
its amendment in the Federal Register.

DATES: Comments, identified by docket ID number OPP-2002-0096, must be 
received on or before July 11, 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 under SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by the EPA, it is imperative that you identify docket ID number 
OPP-2002-0096 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Beth Edwards, telephone number: (703) 
305-5400; e-mail address: [email protected] for norflurazon; and 
Lorilyn Montford, telephone number: (703) 308-8170; e-mail address: 
[email protected] for fenbuuutatin-oxide, Special Review and 
Reregistration Division (7508C) Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.

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 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 TRED documents electronically, go directly to the TREDs 
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 action under docket ID number OPP-2002-0096. 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, including printed and paper versions of any electronic comments 
submitted during an applicable comment period, is available for 
inspection in the Public Information and Records Integrity

[[Page 39981]]

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 the EPA, it is imperative 
that you identify docket ID number OPP-2002-0096 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 ID number OPP-2002-0096. 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 appropriate 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 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 burdens 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 
ID 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?

    This notice constitutes and announces the availability of the 
norflurazon and fenbutatin-oxide TREDs. These decisions have been 
developed as part of the public participation process that EPA and the 
U.S. Department of Agriculture (USDA) are using to involve the public 
in the reassessment of pesticide tolerances under FFDCA. The EPA must 
review tolerances and tolerance exemptions that were in effect when 
FQPA was enacted in August 1996, to ensure that these existing 
pesticide residue limits for food and feed commodities meet the safety 
standard of the new law.
    In reviewing these tolerances, the Agency must consider, among 
other things, aggregate risks from non-occupational sources of 
pesticide exposure, whether there is increased susceptibility to 
infants and children, and the cumulative effects of pesticides with a 
common mechanism of toxicity. The tolerances are considered reassessed 
once the safety finding has been made that aggregate risks are not of 
concern. A reregistration eligibility decision (RED) was completed for 
norflurazon in June 1996 and fenbutatin-oxide in September 1994, prior 
to FQPA enactment, and therefore needed an updated assessment to 
consider the provisions of the Act.
    FFDCA requires that the Agency, when considering whether to 
establish, modify, or revoke a tolerance, consider ``available 
information'' concerning the cumulative effects of a particular 
pesticide's residues and ``other substances that have a common 
mechanism of toxicity.'' At this time, norflurazon and fenbutatin-oxide 
have not been identified as sharing a common mechanism of toxicity and 
are not scheduled for a cumulative risk assessment. Additionally, the 
tolerances for norflurazon (58) and fenbutatin-oxide (42) are now 
considered reassessed as safe under section 408(q) of FFDCA.
    The reregistration program is being conducted under 
Congressionally-mandated time frames, and the EPA recognizes both the 
need to make timely reregistration decisions and to involve the public. 
Therefore, the Agency is issuing these TREDs as final documents because 
no risk mitigation or changes to existing labeling are necessary. All 
comments received within 30 days of publication of this Federal 
Register notice will be carefully considered by the Agency. If any 
comment significantly impacts a TRED, the Agency will amend its 
decision by publishing a Federal Register notice.

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

    The legal authority for these TREDs 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,'' and either reregistering 
products or taking ``other appropriate regulatory action.''

List of Subjects

    Environmental protection, Pesticide Tolerances.


    Dated: May 31, 2002.
Lois A Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 02-14636 Filed 6-10-02; 8:45 am]
BILLING CODE 6560-50-S