[Federal Register Volume 69, Number 37 (Wednesday, February 25, 2004)]
[Notices]
[Pages 8642-8645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-388]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0348; FRL-7339-7]


Propanil; 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 herbicide propanil N-(3,4-dichlorophenyl)propanamide. 
The Agency has completed its review of the available data and public 
comments received related to the risk assessments for propanil, and 
based on its review, EPA has identified risk mitigation measures that 
the Agency believes are necessary to address the human health and 
environmental risks associated with the current use of propanil.

DATES: Comments, identified by docket identification (ID) number OPP-
2003-0348, must be received on or before April 26, 2004.

 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 20460-0001; telephone number: (703) 306-0327; fax 
number: (703) 308-8041; 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 ID number OPP-2003-0348. 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 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://www.epa.gov/pesticides/reregistration/status.htm.
    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://cascade.epa.gov/RightSite/dk_public_home.htm 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 EPA's 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. The Agency'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

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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 
electronically is EPA's preferred method for receiving comments. Go 
directly to EPA Dockets at http://cascade.epa.gov/RightSite/dk_public_home.htm, and follow the online instructions for submitting 
comments. Once in the system, select ``search,'' and then key in docket 
ID number OPP-2003-0348. 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-2003-0348. 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-2003-0348.
    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-2003-0348. 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.
    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 herbicide propanil. 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 propanil 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 RED also presents the Agency's tolerance reassessment 
decision for propanil, which includes the consideration of risk to 
infants and children for any potential dietary, drinking water, dermal, 
inhalation or oral exposures. The Agency's June 2002 tolerance 
reassessment decision for propanil was based on the data required for 
reregistration, the current guidelines for conducting acceptable 
studies to generate such data, and published scientific literature. 
Propanil has been found to meet the FQPA safety standard.
    The Agency has found that the current uses of propanil on rice and 
turf are eligible for reregistration, provided the changes specified in 
the RED are made to the labels. The small grain use has been 
voluntarily cancelled.
    All registrants of pesticide products containing the active 
ingredient propanil will be sent a copy of the RED, and must respond to 
the labeling requirements and product-specific data requirements (if 
applicable) within 8 months of receipt.
    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 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 RED. If any 
comment significantly affects the RED, the Agency 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

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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: February 17, 2004.
 Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E4-388 Filed 2-24-04; 8:45 am]
BILLING CODE 6560-50-S