[Federal Register Volume 67, Number 238 (Wednesday, December 11, 2002)]
[Notices]
[Pages 76176-76177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31163]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0269; FRL-7189-6]


Ethoprop; Availability of Interim Reregistration Eligibility 
Decision Document

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces availability of the Interim 
Reregistration Eligibility Decision (IRED) document for the pesticide 
active ingredient ethoprop. The IRED represents EPA's formal regulatory 
assessment of the health and environmental data base of the subject 
chemical and presents the Agency's interim determination regarding 
which pesticidal uses are eligible for reregistration.

FOR FURTHER INFORMATION CONTACT: Anthony Britten, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8179; 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; pesticide 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 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-2002-0269. 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/. To access IRED documents and 
IRED fact sheets electronically, go directly to the REDs table on the 
EPA Office of Pesticide Programs Web site, at http://www.epa.gov/pesticides/reregistration/status.htm.
    An electronic version of the latest 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. 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 is 
restricted 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's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
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. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.

II. Background

A. What Action is the Agency Taking?

    EPA has assessed the risks posed by the use of the active 
ingredient ethoprop, and issued an IRED for this organophosphate (OP) 
pesticide. EPA issues an IRED for a pesticide that is undergoing 
reregistration, requires a reregistration eligibility decision, and 
also needs a cumulative assessment under FQPA. The IRED, issued after 
EPA completes the individual pesticide's aggregate risk assessment, may 
include taking risk reduction measures; for example, reducing risks to 
workers or eliminating uses that the registrant no longer wishes to 
maintain, to gain the benefits of these changes before the final RED 
can be issued following the Agency's consideration of cumulative risks. 
Through cumulative risk assessment, EPA will consider whether the risks 
posed by a group of pesticides that act the same way in the body meet 
the current safety standard of ``reasonable certainty of no harm'' as 
defined by the FQPA.
    Provided that risk mitigation measures stipulated in the IRED 
document are adopted, EPA has made the determination that ethoprop fits 
into its own ``risk cup''-- that is, its individual and aggregate risks 
are within acceptable levels. Thus, ethoprop products, except for the 
liquid formulation, are eligible for reregistration, pending 
consideration of the cumulative risk for all OPs. The Agency will make 
a reregistration eligibility decision for the liquid formulation of 
ethoprop at a later time, provided certain conditions are fulfilled.
    All registrants of pesticide products containing the active 
ingredient listed in this document have been sent the IRED document, 
and must respond to labeling requirements and product specific data 
requirements (if applicable) within 8 months of its receipt. Products 
also containing other pesticide active ingredients will not be 
reregistered until those other active ingredients are

[[Page 76177]]

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. EPA worked 
extensively with affected parties to reach the decisions presented in 
the IRED document. Numerous opportunities for public comment were 
offered as the IRED was being developed. The ethoprop IRED document, 
therefore, is issued in final, without a formal public comment period.

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

    The legal authority for this IRED 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, Chemicals, Pesticides and pests.

    Dated: November 22, 2002.
 Lois Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 02-31163 Filed 12-10-02; 8:45 am]
BILLING CODE 6560-50-S