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16278 Federal Register / Vol. 70, No.

60 / Wednesday, March 30, 2005 / Notices

7. Make sure to submit your additional data to further refine the risk pesticide imazamethabenz-methyl, and
comments by the comment period assessments, or could address the opens a public comment period on this
deadline identified. Agency’s risk assessment methodologies document, related risk assessments, and
8. To ensure proper receipt by EPA, and assumptions as applied to these other support documents. EPA has
identify the appropriate docket ID specific chemicals. Comments should be reviewed the low risk pesticide
number in the subject line on the first limited to issues raised within the PRAs imazamethabenz-methyl through a
page of your response. It would also be and associated documents. EPA may modified, streamlined version of the
helpful if you provided the name, date, provide other opportunities for public public participation process that the
and Federal Register citation related to comment on other science issues Agency uses to involve the public in
your comments. associated with PCP. Failure to developing pesticide tolerance
II. Background comment on any issues as part of this reassessment and reregistration
opportunity will in no way prejudice or decisions. Through the tolerance
The production of pentachlorophenol limit a commenter’s opportunity to reassessment program, EPA is ensuring
(PCP) for wood preserving began on an participate fully in later notice and that all pesticides meet current health
experimental basis in the 1930s. In comment processes. All comments and food safety standards.
1947, nearly 7 million pounds of PCP should be submitted on or before May DATES: Comments, identified by docket
were reported to have been used in the 31, 2005.
United States by the commercial wood ID number OPP–2004–0373, must be
EPA will review all comments received on or before April 29, 2005.
preserving industry. Pentachlorophenol received and address them accordingly.
was one of the most widely used ADDRESSES: Comments may be
The Agency will then announce and
biocides in the United States prior to conduct a public technical briefing on submitted electronically, by mail, or
regulatory actions to cancel and restrict the revised risk assessments to provide through hand delivery/courier. Follow
certain non-wood preservative uses in an opportunity for the public to learn the detailed instructions as provided in
1987. Prior to the 1987 Federal Register more about the data, information, and Unit I. of the SUPPLEMENTARY
notice which announces Agency action INFORMATION.
methods used to develop the revised
to cancel and restrict certain non-wood risk assessment. The revised assessment FOR FURTHER INFORMATION CONTACT:
uses of PCP, it was registered for use as will then be made available to the Craig Doty, Special Review and
a herbicide, defoliant, mossicide, and public, and the public will be invited to Reregistration Division (7508C), Office
disinfectant. The 1987 notice also submit risk management ideas and/or of Pesticide Programs, Environmental
specified maximum allowable amounts proposals. By allowing access and Protection Agency, 1200 Pennsylvania
of HCB and dioxins/furans that could be opportunity for comments on the PRAs, Ave., NW., Washington, DC 20460–
present in formulations of PCP. the Agency is seeking to strengthen 0001; telephone number: (703) 308–
Indoor applications of PCP are stakeholder involvement and help 0122; fax number: (703) 308–8041; e-
prohibited in accordance with the ensure its decisions under Federal mail address: doty.craig@epa.gov.
restrictions included in the U.S. EPA Insecticide, Fungicide, and Rodenticide SUPPLEMENTARY INFORMATION:
Position Document 4 for Wood Act (FIFRA), as amended by the Food
Preservative Pesticides: Creosote, Quality Protection Act (FQPA), are I. General Information
Pentachlorophenol and Inorganic transparent, and based on the best A. Does this Action Apply to Me?
Arsenicals (1984, amended 1986). The available information.
use of PCP to treat wood intended for This action is directed to the public
use in interiors is prohibited, except for List of Subjects in general, and may be of interest to a
a few low-exposure uses (i.e., those wide range of stakeholders including
support structures which are in contact Environmental protection, Dioxin, environmental, human health, and
with the soil in barns, stables, and Furan, Hexachlorobenzene(HCB), agricultural advocates; the chemical
similar sites and which are subject to Pentachlorophenol (PCP), Pesticides industry; pesticide users; and members
decay or insect infestation). and pests,Wood preservatives. of the public interested in the sale,
Pentachlorophenol is a restricted use Dated: March 24, 2005. distribution, or use of pesticides. Since
pesticide authorized for sale and use by Jack E. Housenger,
others also may be interested, the
certified applicators only. There are Agency has not attempted to describe all
Acting Director, Antimicrobials Division,
currently eight active products Office of Pesticide Programs.
the specific entities that may be affected
containing PCP (Chemical Code 063001) by this action. If you have any questions
[FR Doc. 05–6297 Filed 3–29–05; 8:45 am]
according to OPP. regarding the applicability of this action
BILLING CODE 6560–50–S
to a particular entity, consult the person
III. What Action is the Agency Taking? listed under FOR FURTHER INFORMATION
EPA is making available preliminary CONTACT.
ENVIRONMENTAL PROTECTION
risk assessments that have been
AGENCY B. How Can I Get Copies of this
developed as part of EPA’s process for
making reregistration eligibility [OPP–2004–0373; FRL–7704–1] Document and Other Related
decisions on HCB and dioxin/furans, Information?
contaminants of PCP. This notice starts Imazamethabenz-methyl; Tolerance 1. Docket. EPA has established an
the 60-day public comment period for Reassessment Decision for Low Risk official public docket for this action
the PRAs for HCB and dioxins/furans. Pesticide; Notice of Availability under docket ID number OPP–2004–
The Agency is providing the AGENCY: Environmental Protection 0373. The official public docket consists
opportunity, through this notice, for Agency (EPA). of the documents specifically referenced
interested parties to provide written ACTION: Notice. in this action, any public comments
comments to the Agency on the PRAs received, and other information related
for the chemicals specified in this SUMMARY: This notice announces the to this action. Although a part of the
notice. Such comments could address, availability of EPA’s Tolerance official docket, the public docket does
for example, the availability of Reassessment Decision (TRED) for the not include Confidential Business

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Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Notices 16279

Information (CBI) or other information restricted by statute. When EPA EPA may not be able to consider your
whose disclosure is restricted by statute. identifies a comment containing comment.
The official public docket is the copyrighted material, EPA will provide i. EPA Dockets. Your use of EPA’s
collection of materials that is available a reference to that material in the electronic public docket to submit
for public viewing at the Public version of the comment that is placed in comments to EPA electronically is
Information and Records Integrity EPA’s electronic public docket. The EPA’s preferred method for receiving
Branch (PIRIB), Rm. 119, Crystal Mall entire printed comment, including the comments. Go directly to EPA Dockets
#2, 1801 S. Bell St., Arlington, VA. This copyrighted material, will be available at http://www.epa.gov/edocket/, and
docket facility is open from 8:30 a.m. to in the public docket. follow the online instructions for
4 p.m., Monday through Friday, Public comments submitted on submitting comments. Once in the
excluding legal holidays. The docket computer disks that are mailed or system, select ‘‘search,’’ and then key in
telephone number is (703) 305–5805. delivered to the docket will be docket ID number OPP–2004–0373. The
2. Electronic access. You may access transferred to EPA’s electronic public system is an ‘‘anonymous access’’
this Federal Register document docket. Public comments that are system, which means EPA will not
electronically through the EPA Internet mailed or delivered to the docket will be know your identity, e-mail address, or
under the ‘‘Federal Register’’ listings at scanned and placed in EPA’s electronic other contact information unless you
http://www.epa.gov/fedrgstr/. public docket. Where practical, physical provide it in the body of your comment.
An electronic version of the public objects will be photographed, and the ii. E-mail. Comments may be sent by
docket is available through EPA’s photograph will be placed in EPA’s e-mail to opp-docket@epa.gov,
electronic public docket and comment electronic public docket along with a Attention: Docket ID number OPP–
system, EPA Dockets. You may use EPA brief description written by the docket 2004–0373. In contrast to EPA’s
Dockets at http://www.epa.gov/edocket/ staff.
electronic public docket, EPA’s e-mail
to submit or view public comments, to system is not an ‘‘anonymous access’’
access the index listing of the contents C. How and to Whom Do I Submit system. If you send an e-mail comment
of the official public docket, and to Comments? directly to the docket without going
access those documents in the public through EPA’s electronic public docket,
You may submit comments
docket that are available electronically. EPA’s e-mail system automatically
electronically, by mail, or through hand
Once in the system, select ‘‘search,’’ captures your e-mail address. E-mail
delivery/courier. To ensure proper
then key in the appropriate docket ID addresses that are automatically
receipt by EPA, identify the appropriate
number. captured by EPA’s e-mail system are
Certain types of information will not docket ID number in the subject line on
included as part of the comment that is
be placed in the EPA Dockets. the first page of your comment. Please
placed in the official public docket, and
Information claimed as CBI and other ensure that your comments are
made available in EPA’s electronic
information whose disclosure is submitted within the specified comment
public docket.
restricted by statute, which is not period. Comments received after the
iii. Disk or CD ROM. You may submit
included in the official public docket, close of the comment period will be
comments on a disk or CD ROM that
will not be available for public viewing marked ‘‘late.’’ EPA is not required to
you mail to the mailing address
in EPA’s electronic public docket. EPA’s consider these late comments. If you
identified in Unit I.C.2. These electronic
policy is that copyrighted material will wish to submit CBI or information that
submissions will be accepted in
not be placed in EPA’s electronic public is otherwise protected by statute, please
WordPerfect or ASCII file format. Avoid
docket but will be available only in follow the instructions in Unit I.D. Do
the use of special characters and any
printed, paper form in the official public not use EPA Dockets or e-mail to submit
form of encryption.
docket. To the extent feasible, publicly CBI or information protected by statute. 2. By mail. Send your comments to:
available docket materials will be made 1. Electronically. If you submit an Public Information and Records
available in EPA’s electronic public electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office
docket. When a document is selected unit, EPA recommends that you include of Pesticide Programs (OPP),
from the index list in EPA Dockets, the your name, mailing address, and an e- Environmental Protection Agency, 1200
system will identify whether the mail address or other contact Pennsylvania Ave., NW., Washington,
document is available for viewing in information in the body of your DC 20460–0001, Attention: Docket ID
EPA’s electronic public docket. comment. Also, include this contact number OPP–2004–0373.
Although, not all docket materials may information on the outside of any disk 3. By hand delivery or courier. Deliver
be available electronically, you may still or CD ROM you submit, and in any your comments to: Public Information
access any of the publicly available cover letter accompanying the disk or and Records Integrity Branch (PIRIB),
docket materials through the docket CD ROM. This ensures that you can be Office of Pesticide Programs (OPP),
facility identified in Unit I.B.1. EPA identified as the submitter of the Environmental Protection Agency, Rm.
intends to work towards providing comment and allows EPA to contact you 119, Crystal Mall #2, 1801 S. Bell St.,
electronic access to all of the publicly in case EPA cannot read your comment Arlington, VA, Attention: Docket ID
available docket materials through due to technical difficulties or needs number OPP–2004–0373. Such
EPA’s electronic public docket. further information on the substance of deliveries are only accepted during the
For public commenters, it is your comment. EPA’s policy is that EPA docket’s normal hours of operation as
important to note that EPA’s policy is will not edit your comment, and any identified in Unit I.B.1.
that public comments, whether identifying or contact information
submitted electronically or on paper, provided in the body of a comment will D. How Should I Submit CBI to the
will be made available for public be included as part of the comment that Agency?
viewing in EPA’s electronic public is placed in the official public docket, Do not submit information that you
docket as EPA receives them and and made available in EPA’s electronic consider to be CBI electronically
without change, unless the comment public docket. If EPA cannot read your through EPA’s electronic public docket
contains copyrighted material, CBI, or comment due to technical difficulties or by e-mail. You may claim
other information whose disclosure is and cannot contact you for clarification, information that you submit to EPA as

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16280 Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Notices

CBI by marking any part or all of that postemergence broadcast application to The Agency therefore is issuing the
information as CBI (if you submit CBI barley, wheat or sunflowers using imazamethabenz-methyl TRED, its risk
on disk or CD ROM, mark the outside ground or aerial equipment. The Agency assessments, and related support
of the disk or CD ROM as CBI and then is now issuing for comment the documents simultaneously for public
identify electronically within the disk or resulting Report on Food Quality comment. The comment period is
CD ROM the specific information that is Protection Act (FQPA) Tolerance intended to provide an opportunity for
CBI). Information so marked will not be Reassessment Progress and Risk public input and a mechanism for
disclosed except in accordance with Management Decision for initiating any necessary amendments to
procedures set forth in 40 CFR part 2. imazamethabenz-methyl, known as a the TRED. All comments should be
In addition to one complete version of TRED, as well as related risk submitted using the methods in Unit I.
the comment that includes any assessments and technical support of the SUPPLEMENTARY INFORMATION, and
information claimed as CBI, a copy of documents. must be received by EPA on or before
the comment that does not contain the EPA developed the imazamethabenz- the closing date. These comments will
information claimed as CBI must be methyl TRED through a modified, become part of the Agency Docket for
submitted for inclusion in the public streamlined version of its public process imazamethabenz-methyl. Comments
docket and EPA’s electronic public for making tolerance reassessment and received after the close of the comment
docket. If you submit the copy that does reregistration eligibility decisions. period will be marked ‘‘late.’’ EPA is not
not contain CBI on disk or CD ROM, Through these programs, the Agency is required to consider these late
mark the outside of the disk or CD ROM ensuring that pesticides meet current comments.
clearly that it does not contain CBI. standards under the Federal Food, Drug, EPA will consider all comments
Information not marked as CBI will be and Cosmetic Act (FFDCA) and the received by the closing date and will
included in the public docket and EPA’s Federal Insecticide, Fungicide, and provide a Response to Comments
electronic public docket without prior Rodenticide Act (FIFRA), as amended Memorandum in the Docket and
notice. If you have any questions about by FQPA. EPA must review tolerances electronic EDOCKET. If any comment
CBI or the procedures for claiming CBI, and tolerance exemptions that were in significantly affects the document, EPA
please consult the person listed under effect when the FQPA was enacted, to also will publish an amendment to the
FOR FURTHER INFORMATION CONTACT. ensure that these existing pesticide TRED in the Federal Register. In the
residue limits for food and feed absence of substantive comments
E. What Should I Consider as I Prepare commodities meet the safety standard requiring changes, the decisions
My Comments for EPA? established by the new law. Tolerances reflected in the TRED will be
You may find the following are considered reassessed once the implemented as presented.
suggestions helpful for preparing your safety finding has been made or a
revocation occurs. EPA has reviewed B. What is the Agency’s Authority for
comments: Taking this Action?
1. Explain your views as clearly as and made the requisite safety finding for
possible. the imazamethabenz-methyl tolerances Section 408(q) of the FFDCA, 21
2. Describe any assumptions that you included in this notice. U.S.C. 346a(q), requires EPA to review
used. EPA is applying the principles of tolerances and exemptions for pesticide
3. Provide any technical information public participation to all pesticides residues in effect as of August 2, 1996,
and/or data you used that support your undergoing reregistration and tolerance to determine whether the tolerance or
views. reassessment. The Agency’s Pesticide exemption meets the requirements of
4. If you estimate potential burden or Tolerance Reassessment and section 408(b)(2) or (c)(2) of FFDCA.
costs, explain how you arrived at your Reregistration; Public Participation This review is to be completed by
estimate. Process, published in the Federal August 3, 2006.
5. Provide specific examples to Register of May 14, 2004 (69 FR 26819)
(FRL–7357–9) explains that in List of Subjects
illustrate your concerns.
6. Offer alternatives. conducting these programs, the Agency Environmental protection, Pesticides
7. Make sure to submit your is tailoring its public participation and pests.
comments by the comment period process to be commensurate with the Dated: March 16, 2005.
deadline identified. level of risk, extent of use, complexity Debra Edwards,
8. To ensure proper receipt by EPA, of issues, and degree of public concern
Director, Special Review and Reregistration
identify the appropriate docket ID associated with each pesticide. EPA can Division, Office of Pesticide Programs.
number in the subject line on the first expeditiously reach decisions for
[FR Doc. 05–6045 Filed 3–29–05; 8:45 am]
pesticides like imazamethabenz-methyl,
page of your response. It would also be BILLING CODE 6560–50–S
which pose no risk concerns and require
helpful if you provided the name, date,
no risk mitigation. Once EPA assesses
and Federal Register citation related to
uses and risks for such low risk ENVIRONMENTAL PROTECTION
your comments.
pesticides, the Agency may go directly AGENCY
II. Background to a decision and prepare a document
summarizing its findings, such as the [OPP–2004–0365; FRL–7706–2]
A. What Action is the Agency Taking?
imazamethabenz-methyl TRED.
EPA has reassessed five existing The tolerance reassessment program Tributyltin Methacrylate; Product
tolerances or legal residue limits for is being conducted under Cancellation Order; Correction
imazamethabenz-methyl, and on Congressionally mandated time frames, AGENCY: Environmental Protection
February 28, 2005, reached a tolerance and EPA recognizes the need both to Agency (EPA).
reassessment decision for this low risk make timely decisions and to involve ACTION: Notice; correction.
pesticide. Imazamethabenz-methyl is an the public in finding ways to effectively
imidazolinone herbicide used for the mitigate pesticide risks. SUMMARY: EPA issued a notice in the
control of selected annual grass and Imazamethabenz-methyl, however, Federal Register of February 16, 2005,
broadleaf weeds with a single early poses no risks that require mitigation. announcing the cancellation of a

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