[Federal Register Volume 67, Number 180 (Tuesday, September 17, 2002)]
[Rules and Regulations]
[Pages 58536-58537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23595]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2002-0057; FRL-7275-3]


Objections to Tolerances Established for Certain Pesticide 
Chemicals; Additional Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Availability of final rule objections; additional extension of 
comment period.

-----------------------------------------------------------------------

SUMMARY: On February 25, 2002, March 19, 1002, and May 7, 2002, the 
National Resources Defense Council (NRDC) filed objections with EPA 
regarding final rules establishing certain tolerances under section 408 
of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, 
for specific pesticide/crop usage. NRDC's objections concern a number 
of issues under section 408 of the FFDCA including the additional 10x 
safety factor for the protection of infants and children and aggregate 
exposure to pesticide chemical residues. Due to difficulties in posting 
electronic copies of the NRDC objections onto EPA's web page, EPA is 
extending the comment period from September 17, 2002 to October 16, 
2002 to allow adequate time for public comment.

DATES: Comments, identified by the docket ID number OPP-2002-0057, must 
be received on or before October 16, 2002.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions 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-2002-0057 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Peter Caulkins, Registration Division, 
(MC7505C), Office of Pesticide Programs, Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; 
telephone number: (703) 305-6550; fax number: (703) 305-6920; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    You may be potentially affected by this action if you an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:

 
------------------------------------------------------------------------
                                                          Example of
           Categories                 NAICS codes         potentially
                                                      affected  entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112...............  Animal production
                                  311...............  Food manufacturing
                                  32532.............  Pesticide
                                                       manufacturing
------------------------------------------------------------------------

    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. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. 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 Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2002-0057. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The docket telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the Federal Register 
listings at http://www.epa.gov/fedrgstr/. A frequently updated 
electronic version of 40 CFR part 180 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfrpart 180--
00.html, a beta site currently under development.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select search, then key in the 
appropriate docket ID number.

[[Page 58537]]

C. How and To Whom Do I Submit Comments?

    You may submit your comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-2002-0057 in the subject line of 
the first page of your response. If you have questions, consult the 
person listed under FOR FURTHER INFORMATION CONTACT.
    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, Ariel Rios Bldg., 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, 
Suite 8, or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-2002-0057. 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 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 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 final rule or collection 
activity.
    7. Make sure to submit your comments by the deadline in this final 
rule extension.
    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. What Action Is EPA Taking?

    On February 25, 2002, March 19, 2002, and May 7, 2002, the Natural 
Resources Defense Council (NRDC) filed objections with EPA regarding 
final rules establishing certain tolerances under section 408 of the 
Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, for the 
following eight pesticides:
    1. Imidacloprid;
    2. Mepiquat;
    3. Bifenazate;
    4. Zeta-cypermethrin
    5. Diflubenzuron;
    6. Halosulfuron methyl;
    7. Pymetrozine; and
    8. 2,4-D.
    NRDC's objections concern a number of issues under section 408 of 
the FFDCA including the additional 10x safety factor for the protection 
of infants and children and aggregate exposure to pesticide chemical 
residues. On June 19, 2002 (67 FR 41628) (FRL-7167-7), the Agency 
announced the availability of, and sought public comment on these 
objections. EPA has received requests to extend the comment period. In 
the Federal Register of August 16, 2002 (67 FR 53505) (FRL-7193-6), EPA 
extended the comment period until September 17, 2002. The objections 
are available on EPA's Web site at http://www.epa.gov/opprd001/nrdc_
objections.
    Due to difficulty in posting NRDC's tolerance objections onto the 
EPA web page, EPA is extending the comment period on the NRDC 
objections to October 16, 2002.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Tolerances.

    Authority: 21 U.S.C. 346(a).


    Dated: September 12, 2002.
James Jones,
Acting Director, Office of Pesticide Programs.
[FR Doc. 02-23595 Filed 9-12-02; 1:46 pm]
BILLING CODE 6560-50-S