[Federal Register Volume 68, Number 180 (Wednesday, September 17, 2003)]
[Notices]
[Pages 54449-54451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23276]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0268; FRL-7321-8]


Dinocap; 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 30-day public 
comment period on the Reregistration Eligibility Decision (RED) 
document for the pesticide active ingredient dinocap, which consists of 
a voluntary cancellation of all United States (U.S.) product 
registrations. The registrant for dinocap, Dow AgroSciences, LLC, has 
indicated their intention to retain the existing tolerances for apples 
and grapes for import purposes. EPA finds that there is a reasonable 
certainty that no harm will result from dinocap use on apples and 
grapes imported into the U.S.

DATES: Comments, identified by docket identification (ID) number OPP-
2003-0268, must be received on or before October 17, 2003.

ADDRESSES: Comments may be submitted electronically, by mail or through 
hand delivery/courier. Follow the detailed instructions as provided in 
Unit I.C. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Carmen Rodia, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460-001; telephone number: (703) 306-0327; fax number: 
(703) 308-8041; e-mail address: [email protected].

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 Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket ID number OPP-2003-0268. 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), Room 119, 
Crystal Mall 2, 1921 Jefferson Davis Highway, Arlington, VA, 
22202-4501. This docket facility is open from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal

[[Page 54450]]

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 RED documents and 
RED fact sheets electronically, go directly to the Office of Pesticide 
Program's Home Page at http://cfpub.epa.gov/oppref/rereg/status.cfm?show=rereg.
    An electronic version of the official 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 Dockets. EPA's 
policy is that copyrighted material will not be placed in EPA Dockets 
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 Dockets. 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 Dockets. 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 Dockets.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA Dockets as EPA 
receives them and without change, unless the comment contains 
copyrighted material, CBI or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in EPA Dockets. The entire 
printed comment, including the copyrighted material, will be available 
in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA Dockets. Public 
comments that are mailed or delivered to the docket will be scanned and 
placed in EPA Dockets. Where practical, physical objects will be 
photographed, and the photograph will be placed in EPA Dockets along 
with a brief description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise 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 by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or if additional information is needed regarding the substance of your 
comment. EPA's policy is that EPA will not edit your comment, and any 
identifying or contact information provided in the body of a comment 
will be included as part of the comment that is placed in the official 
public docket and made available in EPA Dockets. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA Dockets to submit comments to EPA 
electronically is EPA's preferred method for receiving comments. Go 
directly to EPA Dockets at http://www.epa.gov/edocket/, and follow the 
online instructions for submitting comments. Once in the system, select 
``search,'' and then key in docket ID number OPP-2003-0268. The system 
is an ``anonymous access'' system, which means EPA will not know your 
identity, e-mail address or other contact information unless you 
provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID number OPP-2003-0268. In contrast to EPA Dockets, 
EPA's e-mail system is not an ``anonymous access'' system. If you send 
an e-mail comment directly to the docket without going through EPA 
Dockets, EPA's e-mail system automatically captures your e-mail 
address. E-mail addresses that are automatically captured by EPA's e-
mail system are included as part of the comment that is placed in the 
official public docket, and made available in EPA Dockets.
    iii. Disk or CD ROM. You may submit comments on a disk or 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 file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460-0001, Attention: Docket ID number OPP-2003-0268.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Room 119, Crystal Mall 
2, 1921 Jefferson Davis Highway, Arlington, VA 22202-4501, 
Attention: Docket ID number OPP-2003-0268. Such deliveries are only 
accepted during the docket'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 
electronically through EPA Dockets or by e-mail. You may claim 
information that you submit to EPA as CBI by marking any part or all of 
that information as CBI (if you submit CBI on disk or CD ROM, mark the 
outside of the disk or CD ROM as CBI and then identify electronically 
within the disk or CD ROM the specific information that is CBI). 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.

[[Page 54451]]

    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 docket and EPA Dockets. If you submit the copy that does 
not contain CBI on disk or CD ROM, mark the outside of the disk or CD 
ROM clearly that it does not contain CBI. Information not marked as CBI 
will be included in the public docket and EPA Dockets 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 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?

    The Agency has issued a RED for the pesticide active ingredient 
dinocap. 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 RED for 
dinocap consists of a voluntary cancellation of all products registered 
in the U.S. Because the registrant, Dow AgroSciences, LLC, has 
expressed interest in retaining existing tolerances for apples and 
grapes for import purposes, the RED presents only a dietary risk 
assessment for those uses and specifically addresses the data 
requirements for support of the import tolerances. The RED also 
provides background information on the pesticide registration, 
reregistration and tolerance reassessment, an overview of the uses and 
health effects associated with dinocap and a summary of what data are 
required to support the tolerances on apples and grapes imported into 
the U.S., in the absence of a U.S. registration.
    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 
issuing this RED for dinocap as a final document with a 30-day public 
comment period that is intended to provide an opportunity for public 
input and a mechanism for initiating any necessary amendments to the 
RED. If any comment significantly affects this RED, EPA will amend the 
RED by publishing the amendment in the Federal Register.

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, Chemicals, Pesticides and pests.

    Dated: August 26, 2003.
Betty Shackleford,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 03-23276 Filed 9-16-03; 8:45 am]
BILLING CODE 6560-50-S