[Federal Register: September 1, 2009 (Volume 74, Number 168)]
[Notices]
[Page 45200-45202]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se09-58]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0629; FRL-8432-9]
Petition to Revoke Tolerances for 13 Pesticides; Notice of
Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA is announcing the availability and seeking comment on a
July 23, 2009 petition from the American Bird Conservancy (ABC),
requesting that EPA revoke tolerances established under the Federal
Food, Drug and Cosmetic Act (FFDCA), section 408, for uses of 13
pesticides with no associated U.S. registrations. ABC claims that
maintaining these tolerances allows Central and South American
countries to continue using these pesticides on crops for which the
United States has already determined there are unacceptable risks for
U.S. protected migratory birds.
DATES: Comments must be received on or before November 2, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0629, 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 Facility'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-
2009-0629. 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 at http://www.regulations.gov. 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: Richard P. Dumas, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8015; fax
number: (703) 308-8005; e-mail address: dumas.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 45201]]
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 and
agricultural advocates; the chemical industry; pesticide users; and
foreign governments.
This listing 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. Since others also may interested, the Agency has not
attempted to describe all 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. What Action is the Agency Taking?
EPA requests public comment during the next 60 days on a petition
available under docket ID number EPA-HQ-OPP-2009-0629, received from
the ABC. The petition requests that EPA revoke tolerances established
under section 408 of the FFDCA for uses of 13 pesticides with no
associated U.S. registrations. ABC claims that maintaining these
tolerances allows Central and South American countries to continue
using these pesticides on crops for which the United States has already
determined there are unacceptable risks for U.S. protected migratory
birds.
The Specific 13 Tolerances Requested for Revocation are:
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Tolerance
Pesticide Requested for CFR Citation
Revocation
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Cadusafos Banana 40 CFR 180.461
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Cyproconazole Coffee, bean, 40 CFR 180.485
green (imported)
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Diazinon Kiwifruit 40 CFR 180.153
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Dithianon Fruit, pome, group 40 CFR 180.621
11
Hop, dried cones..
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Diquat Banana 40 CFR 180.226
Coffee, bean,
green.
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Dimethoate Blueberry 40 CFR 180.204
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Fenamiphos Banana 40 CFR 180.349
Fruit, citrus,
group 10.
Garlic............
Grape.............
Pineapple.........
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Mevinphos Broccoli 40 CFR 180.157
Cabbage...........
Cauliflower.......
Celery............
Cucumber..........
Grape.............
Lettuce...........
Melon.............
Pea...............
Pepper............
Spinach...........
Squash, summer....
Strawberry........
Tomato............
Watermelon........
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[[Page 45202]]
Methomyl Hop, dried cones 40 CFR 180.253
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Naled Cucumber 40 CFR 180.215
Lettuce...........
Tomato............
Pumpkin...........
Squash, winter....
Turnip, tops......
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Phorate Coffee, bean, 40 CFR 180.206
green
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Terbufos Coffee, bean, 40 CFR 180.352
green
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Dichlorvos Tomato 40 CFR 180.235
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ABC also asserts that should EPA believe that tolerances for import
purposes are necessary, it must consult with the U.S. Fish and Wildlife
Service to retain the tolerances listed above to ``identify where
unintentional take reasonably attributable to agency actions is having,
or is likely to have, a measurable negative effect on migratory bird
populations...'' and ``develop and use principles, standards and
practices that will lessen the amount of unintentional take...''
List of Subjects
Environmental protection, Pesticides and pest.
Dated: August 24, 2009.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E9-21124 Filed 8-31-09; 8:45 am]
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