[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Notices]
[Pages 41015-41016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11480]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0292; FRL-8076-8]


Pyraclostrobin; Objections to Pesticide Tolerances; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of objections filed 
with respect to the establishment and increase of various 
pyraclostrobin tolerances under section 408 of the Federal Food, Drug, 
and Cosmetic Act (FFDCA). The objections were filed on June 5, 2006 by 
the Natural Resources Defense Council (NRDC). NRDC's objections assert 
that EPA unlawfully removed the additional 10X safety factor for the 
protection of infants and children. Additionally NRDC claims that EPA's 
action was arbitrary and capricious for failure to provide an 
inadequate explanation for its decision on the children's safety 
factor, and because EPA never received information EPA deemed necessary 
to its review of the pesticide. This Notice seeks comment on the NRDC 
objections.

DATES: Comments must be received on or before September 18, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number(s) EPA-HQ-OPP-2004-0292, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only 
accepted during the Docket's normal hours of operation (8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information. The 
Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number(s) EPA-HQ-
OPP-2004-0292. EPA's policy is that all comments received will be 
included in the docket without change and may be made available on-line 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the docket and made 
available on the Internet. If you submit an electronic comment, EPA 
recommends that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. If EPA

[[Page 41016]]

cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index. 
Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the OPP 
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South 
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation 
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The Docket Facility telephone number 
is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Tony Kish, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-9443; fax number: (703) 308-9382; 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, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may 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. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one 
complete version of the comment that includes 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. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket (ID) number and other 
identifying information (subject heading, Federal Register date and 
page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What Action is the Agency Taking?

    On June 5, 2006, the NRDC filed objections to a final rule 
establishing several new pesticide tolerances and increasing several 
existing tolerances for pyraclostrobin. 71 FR 17014 (April 5, 2006). 
Pesticide tolerances are established under section 408 of the FFDCA, 21 
USC 346a. The new tolerances were for bean, succulent, shelled; legume 
vegetables group, foliage, in crop group 7; mango (import); and papaya 
(import). Tolerances were increased for almond, hulls; pea and bean, 
dried shelled, except soybean, subgroup 6C; and strawberry.
    NRDC's objections assert that EPA unlawfully removed the additional 
10X safety factor for the protection of infants and children. 
Additionally NRDC claims that EPA's action was arbitrary and capricious 
for failure to provide an inadequate explanation for its decision on 
the children's safety factor and because EPA never received information 
EPA deemed necessary to its review of the pesticide.
    Because the issues raised by NRDC concern matters of great interest 
not just to NRDC but to growers, food distributors and processors, and 
pesticide manufacturers as well as members of the public, EPA believes 
it decision-making will be enhanced by obtaining the views of all 
affected parties. For that reason, EPA is publishing this notice of 
availability of NRDC's objections and requesting comment on the 
objections. The objections are available in the OPP Regulatory Public 
Docket under the docket for the tolerance rules in question: OPP-2004-
0292. The OPP Regulatory Public Docket is physically located at the 
address included in the ADDRESSES section above. The dockets for these 
rulemakings are also available online in the Federal Government's 
electronic docket at www.regulations.gov.

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

    Under section 408(g)(2)(A) of the FFDCA, any person may file 
objections with EPA within 60 days of issuance of a final tolerance 
regulation, 21 U.S.C. 346a(g)(2). Such person may also request a public 
evidentiary hearing on the objections; however, NRDC has not requested 
such a hearing. Under EPA regulations, EPA must publish an order 
setting forth its determination on each of NRDC's objections, 40 CFR 
178.37(a). Such order must contain EPA's reasons for its determination, 
40 CFR 178.37(b). If based on the objections EPA determines that the 
tolerance regulation should be modified or revoked, EPA will publish by 
order any revisions to the regulation, 21 U.S.C. 346a(g)(2)(C); 40 CFR 
178.35.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: July 7, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E6-11480 Filed 7-18-06; 8:45 am]
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