[Federal Register Volume 72, Number 233 (Wednesday, December 5, 2007)]
[Notices]
[Pages 68582-68584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23306]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0507; FRL-8154-6]


Naphthalene Acetic Acid, its Salts, Ester, and Acetamide; 
Reregistration Eligibility Decision and Amendment 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 
Eligibility Decision (RED) and Amendment for the pesticide naphthalene 
acetic acid, its salts, ester, and acetamide, and opens a public 
comment period on these documents, related risk assessments, and other 
support documents. EPA has reviewed the low-risk pesticide naphthalene 
acetic acid, its salts, ester, and acetamide (also referred to as 
naphthalene acetates or NAA) 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 January 4, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0507, 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-
2006-0507. 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 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 
website 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 T. Howard, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8172; fax 
number: (703) 308-8005; e-mail address: howard.markt @epa.gov.

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.

[[Page 68583]]

    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. 
Using a modified, streamlined version of its public participation 
process, EPA has completed a RED and an Amendment for the low-risk 
naphthalene acetate pesticides under section 4(g)(2)(A) of FIFRA. The 
naphthalene acetates are plant growth regulators that mimic the 
function of the naturally occurring plant growth hormone, auxin. They 
are mainly used on apple and pear trees but also have minor uses on 
crops such as olives and cherries. They are also used on a wide variety 
of ornamental plants, trees, and shrubs. In its various forms, NAA can 
stimulate root growth, thin excess fruit, and prevent premature fruit 
drop. EPA has determined that the database to support reregistration is 
substantially complete and that products containing naphthalene acetic 
acid, its salts, ester, and acetamide will be eligible for 
reregistration provided the risks are mitigated either in the manner 
described in the RED Amendment or by another means that achieves 
equivalent risk reduction. Upon submission of any required product 
specific data under section 4(g)(2)(B) of FIFRA and any necessary 
changes to the registration and labeling (either to address any 
concerns identified in the RED Amendment or as a result of product 
specific data), EPA will make a final reregistration decision under 
section 4(g)(2)(C) of FIFRA for products containing naphthalene 
acetates.
    With the May 26, 2004 RED signature, EPA concluded that the use of 
the naphthalene acetates would have no effect on any endangered or 
threatened species or their critical habitat from the uses currently 
registered based on its screening-level assessment. However, the Agency 
was informed that one very minor use, on olive trees as a chemical 
thinning agent, has an approved application rate higher than assessed 
in the RED. Based on screening-level ecological and occupational 
assessments of the higher use rate, calculated risk quotients (RQs) for 
NAA use on olive trees then exceeded the level of concern for 
endangered species and one worker exposure scenario exceeds the 
occupational level of concern. The Agency performed a refined risk 
assessment with additional data, which allowed EPA to characterize the 
risks and determine that risks were at an acceptable level. The Agency 
is issuing an Amended RED for NAA, which reflects the refined 
occupational and ecological assessments.
    In addition, certain components of the document, which did not 
affect the final regulatory decision, were undergoing final editing at 
the time of the RED's signature. These components, including the list 
of additional generic data requirements, summary of labeling changes, 
appendices, and other relevant information, have been added to the 
naphthalene acetic acid, its salts, ester, and acetamide RED Amendment 
document. Subsequent to signature, EPA identified some minor errors and 
ambiguities in the original RED. Therefore, for the sake of accuracy, 
the Agency also has included the appropriate error corrections and 
clarifications to the RED Amendment. None of these additions or changes 
impacts the decisions described in the NAA RED or its Amendment. These 
changes are described in the preamble to the naphthalene acetic acid, 
its salts, ester, and acetamide RED Amendment.
    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 the 
naphthalene acetates, which pose few risk concerns, and require little 
risk mitigation. 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 naphthalene acetic acid, 
its salts, ester, and acetamide RED and its Amendment.
    The reregistration program is being conducted under congressionally 
mandated timeframes, and EPA recognizes the need both to make timely 
decisions and to involve the public in finding ways to effectively 
mitigate pesticide risks. NAA, however, poses few risks that require 
mitigation. The Agency therefore is issuing the naphthalene acetic 
acid, its salts, ester, and acetamide RED and Amendment, 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 additional 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 naphthalene 
acetic acid, its salts, ester, and acetamide. 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 
naphthalene acetic acid, its salts, ester, and acetamide RED as amended 
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

[[Page 68584]]

products or taking other ``appropriate regulatory action.''

List of Subjects

    Environmental protection, Pesticides and pests, Naphthalene acetic 
acid, Naphthalene acetates, NAA.

    Dated: November 21, 2007.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. E7-23306 Filed 12-4-07; 8:45 am]
BILLING CODE 6560-50-S