[Federal Register: January 28, 2004 (Volume 69, Number 18)]
[Notices]
[Page 4129-4131]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja04-48]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-2003-0294; FRL-7336-9]
Report of the Food Quality Protection Act (FQPA) Tolerance
Reassessment and Risk Management Decision (TRED) for Lactofen; Notice
of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document announces availability of and starts a 30-day
public comment period for the Report of the Food Quality Protection Act
(FQPA) Tolerance Reassessment and Risk Management Decision (TRED) for
Lactofen. EPA has reassessed the existing tolerances for lactofen.
DATES: Comments, identified by docket (ID) number OPP-2003-0294, must
be received on or before February 27, 2004.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Christina Scheltema, Special Review
and Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-2201; fax
number: (703) 308-8005; e-mail address: scheltema.christina@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general but may be of
interest to a wide range of stakeholders, including environmental,
human health, and agricultural advocates; the agrochemical industry;
pesticide users; and members of the public interested in pesticide use
on food. This list is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be affected
by this action. Other types of entities not listed in this unit could
also be affected. If you have any questions regarding the applicability
of this action to you or 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 identification ID number OPP-2003-0294. 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), Rm. 119, Crystal Mall 2,
1921 Jefferson Davis Hwy., Arlington, VA. 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/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ 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 the EPA 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's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket 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's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in
[[Page 4130]]
EPA's electronic public docket. 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's electronic
public docket.
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's electronic public
docket 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's
electronic public docket. 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's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket 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 needs further information on the substance of your comment. EPA'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 is placed in the official public docket,
and made available in EPA's electronic public docket. 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's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPP-2003-0294. 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 opp-docket@epa.gov,
Attention: Docket ID number OPP-2003-0294. In contrast to EPA's
electronic public docket, 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's electronic public docket, 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's electronic public docket.
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 Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID number OPP-2003-0294.
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, Rm. 119, Crystal Mall
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket
ID number OPP-2003-0294. 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's electronic public docket 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's electronic public docket. 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's
electronic public docket 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 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 your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
[[Page 4131]]
8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful if you provided the name, date, and Federal
Register citation related to your comments.
II. What Action is the Agency Taking?
EPA has reassessed the risks associated with current and proposed
food uses of the pesticide active ingredient lactofen, reassessed two
existing tolerances, and reached a tolerance reassessment and risk
management decision. The Agency is issuing for comment the resulting
Report on FQPA Tolerance Reassessment Progress and Risk Management
Decision for lactofen, known as a TRED, as well as a summary, overview,
and technical support documents.
Tolerances for lactofen in or on raw agricultural commodities for
plants are currently established for the combined residues of lactofen
and its associated metabolites containing the diphenyl ether linkage,
but will be revised to include only lactofen per se. The two existing
tolerances for lactofen have been reassessed and will be lowered from
0.05 ppm to 0.01 ppm. There are currently no tolerances for lactofen in
processed commodities or animal commodities, and the available residue
data indicate that tolerances for these commodities are not necessary.
No maximum residue limits (MRLs) for lactofen have been established or
proposed by Codex. Therefore, there are no international compatibility
issues with respect to U.S. tolerances.
EPA must review tolerances and tolerance exemptions that were in
effect when 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 tolerances lactofen included in this notice.
EPA works extensively with affected parties to reach the tolerance
reassessment decisions presented in TREDs. The Agency therefore is
issuing the lactofen TRED as a final decision with a 30-day comment
period. All comments received during the next 30 days will be carefully
considered by the Agency. If any comment significantly affects the
Agency's decision, EPA will publish an amendment to the TRED in the
Federal Register. In the absence of substantive comments, the tolerance
reassessment decisions reflected in this TRED will be considered final.
List of Subjects
Environmental protection, pesticides, lactofen, tolerance
reassessment.
Dated: January 13, 2004.
Debra Edwards,
Director, Special Review and Reregistration Division.
[FR Doc. 04-1548 Filed 1-27-04; 8:45 am]
BILLING CODE 6560-50-S