[Federal Register: July 13, 2005 (Volume 70, Number 133)]
[Notices]
[Page 40341-40342]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy05-69]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0295; FRL-7720-4]
Cyhexatin; Tolerance Reassessment Decision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of EPA's Tolerance
Reassessment Decision (TRED) for the pesticide cyhexatin. The Agency's
risk assessments and other related documents also are available in the
Cyhexatin Docket. Through the tolerance reassessment program, EPA is
ensuring that all pesticides meet current health and food safety
standards.
FOR FURTHER INFORMATION CONTACT: Tom Myers, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8589, fax
number: (703) 308-8041; e-mail address: myers.tom@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
[[Page 40342]]
regarding the applicability of this action to 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-2004-0295. 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,
1801 S. Bell St., 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 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. 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.
Once in the system, select ``search,'' then key in the appropriate
docket ID number.
II. Background
A. What Action is the Agency Taking?
EPA has reassessed risks associated with use of the pesticide
cyhexatin, and on June 13, 2005, reached a tolerance reassessment and
risk management decision. Cyhexatin is used as an insecticide/acaricide
to control mites on a variety of crops. The last U.S. product
registration was canceled in 1989. There are currently 41 tolerances
for cyhexatin. However, the manufacturers have indicated that they are
only supporting the tolerance for orange juice for import purposes.
Therefore, EPA will revoke all existing cyhexatin tolerances and a
tolerance with no U.S. registrations will be established for orange,
juice. The orange juice tolerance, in effect, replaces the existing
citrus tolerance. This tolerance will be time-limited pending
submission and review of confirmatory generic data. The Agency is now
issuing a Report on Food Quality Protection Act (FQPA) Tolerance
Reassessment Progress and Risk Management Decision for Cyhexatin, known
as a TRED, as well as all related technical support documents.
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 orange juice tolerance only. The 41 existing cyhexatin
tolerances will be proposed for revocation.
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, cyhexatin was reviewed
through the modified 4-Phase public participation process. Through this
process, EPA worked extensively with stakeholders and the public to
reach the regulatory decisions for cyhexatin.
The tolerance reassessment program is being conducted under
Congressionally mandated time frames, and EPA recognizes the need both
to make timely decisions and to involve the public. A comment period is
not needed for the cyhexatin TRED because all issues related to this
pesticide were resolved through consultations with stakeholders. The
Agency therefore is issuing the cyhexatin TRED without a comment
period. However, the proposed tolerance revocation for cyhexatin will
include a 30-day public comment period.
B. What is the Agency's Authority for Taking this Action?
Section 408(q) of the 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
is to be completed by August 3, 2006.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: June 29, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 05-13374 Filed 7-12-05; 8:45 am]
BILLING CODE 6560-50-S