[Federal Register Volume 72, Number 99 (Wednesday, May 23, 2007)]
[Notices]
[Pages 28967-28969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9835]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0335; FRL-8119-3]


Inorganic Sulfites; Reregistration Eligibility Decision for Low 
Risk Pesticide; Notice of Availability

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY:  This notice announces the availability of EPA's 
Reregistration

[[Page 28968]]

Eligibility Decision (RED) for the pesticide inorganic sulfites, and 
opens a public comment period on this document, related risk 
assessments, and other support documents. EPA has reviewed the low risk 
pesticide inorganic sulfites through a modified, streamlined version of 
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 July 23, 2007.

ADDRESSES:  Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0335, 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 
Bldg.), 2777 S. Crystal Dr., 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 EPA-HQ-OPP-
2006-0335. 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 
available in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 
Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov web 
site to view the docket index or access available documents. 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 Bldg.), 2777 S. Crystal Dr., 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:  Mark Perry, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8024; fax 
number: (703) 308-8005; 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

[[Page 28969]]

standards. Using a modified, streamlined version of its public 
participation process, EPA has completed a RED for the low risk 
pesticide, inorganic sulfites under section 4(g)(2)(A) of FIFRA. The 
inorganic sulfites case includes sulfur dioxide and sodium 
metabisulfite. Sulfur dioxide is applied as a compressed gas and is 
typically used to treat for Botrytis cinerea, the fungus which causes 
bunch rot or gray mold disease on grapes. In addition, sulfur dioxide 
is used in combination with carbon dioxide to treat for black widow 
spider on grapes in warehouse settings. The sodium metabisulfite 
products are composed of the anhydrous, solid active ingredient 
contained in semisealed pads which are added to containers holding 
grapes prior to shipping. The pads absorb moisture generated by grapes, 
and release low levels of sulfur dioxide in the range of 1-5 ppm. EPA 
has determined that the data base to support reregistration is 
substantially complete and that products containing inorganic sulfites 
will be 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 any 
concerns identified in the RED or as a result of product specific 
data), EPA will make final reregistration decisions under section 
4(g)(2)(C) for products containing inorganic sulfites.
    Although the inorganic sulfites RED was signed on July 11, 2006, 
certain components of the document, which did not affect the final 
regulatory decision, were undergoing final editing at that time. On 
September 21, 2006, the Agency received additional data regarding the 
rate of absorption of sulfur dioxide into the fruit and packaging 
material during treatment of grapes for black widow spider. As a result 
of this information, the Agency has published this amendment to the 
inorganic sulfites RED. This amendment also includes a table 
summarizing the label changes required by the RED. Initially, the 
Agency expected sulfur dioxide concentrations following black widow 
spider treatment to be too high for buffer zones to be a feasible 
option to address bystander exposure concerns. However, considering the 
additional absorption data, the Agency is currently able to establish 
practical buffer zones as an option to using scrubbers to reduce sulfur 
dioxide release concentrations. None of these additions or changes 
alter the conclusions documented in the July 11, 2006 inorganic 
sulfites RED.
    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, the Agency 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. 
EPA can expeditiously reach decisions for pesticides like inorganic 
sulfites, which have low use, and stakeholders. Once EPA assesses uses 
and risks for such low risk pesticides, the Agency may go directly to a 
decision and prepare a document summarizing its findings, such as the 
inorganic sulfites RED.
    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 in finding ways to effectively 
mitigate pesticide risks. Inorganic sulfites, however, pose few risks 
that require mitigation. The Agency therefore is issuing the inorganic 
sulfites RED, its risk assessments, and related support materials 
simultaneously for public comment. The comment period is intended to 
provide an opportunity for public input and a mechanism for initiating 
any necessary amendments to the RED. 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 inorganic sulfites. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments.
    EPA 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 inorganic 
sulfites RED 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.''

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: May 1, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E7-9835 Filed 5-22-07; 8:45 am]
BILLING CODE 6560-50-S