[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Notices]
[Pages 55466-55468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7959]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0694; FRL-8094-4]


 2-(Thiocyanomethylthio) benzothiazole; Alkylbenzene Sulfonates; 
Orthophenylphenol; Chlorine Dioxide and Sodium Chlorite Reregistration 
Eligibility Decisions; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Reregistration 
Eligibility Decisions (REDs) for the pesticides 2-(Thiocyanomethylthio) 
benzothiazole (TCMTB); Alkylbenzene Sulfonates (ABS); Orthophenylphenol 
(OPP); Chlorine Dioxide and Sodium Chlorite and opens a public comment 
period on these documents. The Agency's risk assessments and other 
related documents also are available in the TCMTB; ABS; OPP; Chlorine 
Dioxide and Sodium Chlorite Dockets. TCMTB is used in industrial 
premises and residential and public access areas as a materials 
preservative; a wood preservative for antisapstain control, and a 
microbiocide/microbiostat and bacteriocide/bacteriostat in industrial 
processes and water systems. In an agricultural setting, TCMTB is used 
as a fungicide applied as a seed treatment. The alkylbenzene sulfonates 
are used as food-contact sanitizers in food processing plants and 
eating establishments; and as disinfectants and sanitizers for 
agricultural, commercial, institutional, industrial, and public access 
use sites. OPP is used in applications to hard surfaces, agricultural 
premises and equipment, air deodorization, commercial and institutional 
premises, medical premises, residential and public access premises, and 
materials preservatives and as a fungicide on citrus and pears. 
Chlorine dioxide and sodium chlorite are used to control bacteria, 
fungi, and algal slimes; applied as a materials preservative and as a 
disinfectant in commercial, residential and agricultural settings. EPA 
has reviewed TCMTB; ABS; OPP; Chlorine Dioxide and Sodium Chlorite 
through the public participation process that the Agency uses to 
involve the public in developing pesticide reregistration and tolerance 
reassessment decisions. Through these programs, EPA is ensuring that 
all pesticides meet current health and safety standards.

DATES: Comments must be received on or before November 21, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number, by one of the following methods: For TCMTB, docket 
identification (ID) number EPA-HQ- OPP-2006-0320; for ABS, docket 
identification (ID) number EPA-HQ- OPP-2006-0156; for OPP, docket 
identification (ID) number EPA-HQ- OPP-2006-0154; and for Chlorine 
Dioxide and Sodium Chlorite, docket identification (ID) number EPA-HQ- 
OPP-2006-0328.
     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 telephone number is (703) 305-5805.
    Instructions: Direct your comments to the following docket ID 
numbers: for TCMTB, docket identification (ID) number EPA-HQ- OPP-2006-
0320; for ABS, docket identification (ID) number EPA-HQ- OPP-2006-0156; 
for OPP, docket identification (ID) number EPA-HQ- OPP-2006-0154; and 
for Chlorine Dioxide and Sodium Chlorite, docket identification (ID) 
number EPA-HQ- OPP-2006-0328. 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 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, e.g., 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 telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: For TCMTB, contact K. Avivah Jakob, 
Antimicrobials Division (7510P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-1328; fax 
number: (703) 308-8481; e-mail address: [email protected].
    For ABS, contact Heather Garvie, Antimicrobials Division (7510P), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(703) 308-0034; fax number: (703) 308-8481; e-mail address: 
[email protected].

[[Page 55467]]

    For OPP, contact Rebecca Miller, Antimicrobials Division (7510P), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(703) 305-0012; fax number: (703) 308-8481; e-mail address: 
[email protected].
    For Chlorine Dioxide and Sodium Chlorite, contact ShaRon Carlisle, 
Antimicrobials Division (7510P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-6427; fax 
number: (703) 308-8481; 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?

    Under section 4 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to 
ensure that they meet current scientific and regulatory standards. EPA 
has completed Reregistration Eligibility Decisions (REDs) for the 
pesticides: TCMTB; ABS; OPP; Chlorine Dioxide and Sodium Chlorite under 
section 4(g)(2)(A) of FIFRA. TCMTB is used in industrial premises and 
residential &public access areas as a materials preservative; a wood 
preservative for antisapstain control, and a microbiocide/microbiostat 
and bacteriocide/bacteriostat in industrial processes and water 
systems. In an agricultural setting, TCMTB is used as a fungicide 
applied as a seed treatment. The alkylbenzene sulfonates are used as 
food-contact sanitizers in food processing plants and eating 
establishments; and as disinfectants and sanitizers for agricultural, 
commercial, institutional, industrial, and public access use sites. OPP 
is used in applications to hard surfaces, agricultural premises and 
equipment, air deodorization, commercial and institutional premises, 
medical premises, residential and public access premises, and materials 
preservatives and as a fungicide on citrus and pears. Chlorine Dioxide 
and Sodium Chlorite are used to control bacteria, fungi, and algal 
slimes; applied as a materials preservative and as a disinfectant in 
commercial, residential and agricultural settings.
    EPA has determined that the data base to support reregistration is 
substantially complete and that products containing TCMTB; ABS; OPP; 
and Chlorine Dioxide and Sodium Chloride are eligible for 
reregistration, provided the risks are mitigated either in the manner 
described in the RED or by another means that achieves equivalent risk 
reduction. Upon submission of any required product specific data under 
section 4(g)(2)(B) and any necessary changes to the registration and 
labeling (either to address concerns identified in the RED or as a 
result of product specific data), EPA will make a final reregistration 
decision under section 4(g)(2)(C) for products containing TCMTB; ABS; 
OPP; Chlorine Dioxide and Sodium Chlorite.
    EPA must review tolerances and tolerance exemptions that were in 
effect when the Food Quality Protection Act (FQPA) was enacted in 
August 1996, to ensure that these existing pesticide residue limits for 
food and feed commodities meet the safety standard established by the 
new law. Tolerances are considered reassessed once the safety finding 
has been made or a revocation occurs. EPA has reviewed and made the 
requisite safety finding for the TCMTB; ABS; OPP; Chlorine Dioxide and 
Sodium Chlorite tolerances included in this notice.
    EPA is applying the principles of public participation to all 
pesticides undergoing reregistration and tolerance reassessment. The 
Agency's Pesticide Tolerance Reassessment and Reregistration; Public 
Participation Process, published in the Federal Register on May 14, 
2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these 
programs, EPA is tailoring its public participation process to be 
commensurate with the level of risk, extent of use, complexity of 
issues, and degree of public concern associated with each pesticide. 
Due to its uses, risks, and other factors, TCMTB; ABS; OPP; Chlorine 
Dioxide and Sodium Chlorite were reviewed through the modified 4-Phase 
process. Through this process, EPA worked extensively with stakeholders 
and the public to reach the regulatory decisions for TCMTB; ABS; OPP; 
Chlorine Dioxide and Sodium Chlorite.
    The reregistration program is being conducted under Congressionally 
mandated time frames, and EPA recognizes the need both to make timely 
decisions and to involve the public. The Agency is issuing the TCMTB; 
ABS; OPP; Chlorine Dioxide and Sodium Chlorite REDs for public comment. 
This comment period is intended to provide an additional opportunity 
for public input and a mechanism for initiating any necessary 
amendments to the RED.

[[Page 55468]]

All comments should be submitted using the methods in ADDRESSES, and 
must be received by EPA on or before the closing date. These comments 
will become part of the Agency Docket for TCMTB; ABS; OPP; Chlorine 
Dioxide and Sodium Chlorite. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments.
    The Agency will carefully consider all comments received by the 
closing date and will provide a Response to Comments Memorandum in the 
Docket and regulations.gov. If any comment significantly affects the 
document, EPA also will publish an amendment to the RED in the Federal 
Register. In the absence of substantive comments requiring changes, the 
TCMTB; ABS; OPP; Chlorine Dioxide and Sodium Chlorite REDs will be 
implemented as it is now presented.

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

    Section 4(g)(2) of FIFRA as amended 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.''
    Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for 
pesticide residues in effect as of August 2, 1996, to determine whether 
the tolerance or exemption meets the requirements of section 408(b)(2) 
or (c)(2) of FFDCA. This review was completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests, 2-
(Thiocyanomethylthio) benzothiazole, Alkylbenzene Sulfonates, 
Orthophenylphenol, Chlorine Dioxide, Sodium Chlorite.

    Dated: September 13, 2006.
Frank T. Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
 [FR Doc. 06-7959 Filed 9-21-06; 8:45 am]
BILLING CODE 6560-50-S