[Federal Register: March 28, 2007 (Volume 72, Number 59)]
[Notices]
[Page 14551-14552]
[DOCID:fr28mr07-59]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0145; FRL-8119-4]

Boscalid; Pesticide Tolerances; Availability of Objections and
Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This document announces the availability of objections filed
with respect to the establishment of two boscalid tolerances under
section 408 of the Federal Food, Drug, and Cosmetic Act. The objections
were filed on February 20, 2007 by the Natural Resources Defense
Council (``NRDC''). NRDC's objections assert that EPA unlawfully
removed the additional 10X safety factor for the protection of infants
and children. Additionally NRDC claims that EPA's action was arbitrary
and capricious for failing to provide an adequate explanation for the
decision on the children's safety factor. This document seeks comment
on the NRDC objections.

DATES: Comments must be received on or before May 29, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number(s) EPA-HQ-OPP-2005-0145, 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 telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number(s) EPA-HQ-
OPP-2005-0145. 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: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2005-0145. 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. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (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 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 Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Barbara Madden, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington,

DC 20460-0001; telephone number:<PHONE_NUMBER>; fax number: (703) 605-
0781; e-mail address<EMAIL_ADDRESS>
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?

    On February 20, 2007, the Natural Resources Defense Council
(``NRDC'') filed objections to a final rule establishing tolerances for
the pesticide boscalid on two crop subgroups in the leafy vegetables
crop group. (December 20, 2006 (71 FR 76185; FRL-8107-8)). Pesticide
tolerances are established under section 408 of the Federal Food, Drug,
and Cosmetic Act (``FFDCA''). (21 U.S.C. 346a). The new tolerances were
for Crop Subgroup 4A, leafy greens except head and leaf lettuce, and
Crop Subgroup 4B, leafy petioles.
    NRDC's objections assert that it was unlawful for EPA to remove the
additional 10X safety factor for the protection of infants and children
in assessing the risk of boscalid because the evidence shows that
juveniles are more sensitive to boscalid than adults. NRDC claims that
if the 10X children's safety factor is retained, the boscalid
tolerances do not meet the safety standard for establishing tolerances
under FFDCA section 408. Additionally, NRDC argues that EPA's action
was arbitrary and capricious for failing to provide an adequate
explanation for the decision on the children's safety factor.
    Because the issues raised by NRDC concern matters of great interest
not just to NRDC but to growers, food distributors and processors, and
pesticide manufacturers as well as members of the public, EPA believes
it decision-making will be enhanced by obtaining the views of all
affected parties. For that reason, EPA is publishing this notice of
availability of NRDC's objections and requesting comment on the
objections. The objections are available in the docket for the
tolerance rule in question, i.e., Docket EPA-HQ-OPP-2005-0145. See the
``ADDRESSES'' section of this document for information accessing the
docket.

B. What is the Agency's Authority for Taking this Action?

    Under section 408(g)(2)(A) of the FFDCA, any person may file
objections with EPA within 60 days of issuance of a final tolerance
regulation. (21 U.S.C. 346a(g)(2)). Such person may also request a
public evidentiary hearing on the objections; however, NRDC has not
requested such a hearing. Under EPA regulations, EPA must publish an
order setting forth its determination on each of NRDC's objections. (40
CFR 178.37(a)). Such order must contain EPA's reasons for its
determination. (40 CFR 178.37(b)). If based on the objections EPA
determines that the tolerance regulation should be modified or revoked,
EPA will publish by order any revisions to the regulation. (21 U.S.C.
346a(g)(2)(C); 40 CFR 178.35).

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 14, 2007.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-5576 Filed 3-27-07; 8:45 am]

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