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Aliphatic Esters Reregistration Eligibility Decision; Notice of Availability

Note: EPA no longer updates this information, but it may be useful as a reference or resource.



[Federal Register: May 23, 2007 (Volume 72, Number 99)]
[Notices]
[Page 28966-28967]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my07-59]

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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-0235; FRL-8122-4]

Aliphatic Esters Reregistration Eligibility Decision; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.

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SUMMARY:  This notice announces the availability of EPA's
Reregistration Eligibility Decision (RED) for the pesticide aliphatic
esters, and opens a public comment period on this document. The
Agency's risk assessments and other related documents also are
available in the aliphatic esters Docket. The aliphatic esters case
contains six active ingredients, but only one active ingredient, the
methyl esters of fatty acids, is registered and in only one product.
The methyl esters of fatty acids are used as a pinching agent and
applied as a foliar spray on ornamentals kept inside and outside of
greenhouses. EPA has reviewed the aliphatic esters through a modified
public participation process that the Agency uses to involve the public
in developing pesticide reregistration decisions. Through this process,
EPA is ensuring that all pesticides meet current health and safety
standards.

DATES:  Comments must be received on or before June 22, 2007.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0235, 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 (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0235. 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: All documents in the docket are listed in the docket index
available in regulations.gov. 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. 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
telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT:  Cathryn O'Connell, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0136; fax
number: (703) 308-7070; e-mail address: oconnell.cathryn@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

[[Page 28967]]

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?

    Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
has completed a Reregistration Eligibility Decision (RED) for the
pesticide, aliphatic ester under section 4(g)(2)(A) of FIFRA. The
aliphatic esters case contains six active ingredients, but only one
active ingredient, the methyl esters of fatty acids, is registered and
in only one product. The methyl esters of fatty acids are used as a
pinching agent and applied as a foliar spray on ornamentals, mostly
azaleas, kept inside and outside of greenhouses. In the risk assessment
a potential concern of chemical pneumonia for handlers was identified.
As a result, EPA is requiring the use of an organic-vapor respirator
during mixing, loading, and application of the product and increasing
the restricted entry interval (REI) from 4 hours to 12 hours.
    EPA has determined that the data base to support reregistration is
substantially complete and that products containing the aliphatic
esters are eligible for reregistration, provided the risks are
mitigated in the manner described in the RED. Upon submission of any
required product specific data under section 4(g)(2)(B) and any
necessary changes to the registration and labeling (either to address
concerns identified in the RED or as a result of product specific
data), EPA will make a final reregistration decision under section
4(g)(2)(C) for products containing aliphatic esters.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration. 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, the aliphatic esters was reviewed through the modified 4-Phase
process. Through this process, EPA worked extensively with stakeholders
to reach the regulatory decisions for the aliphatic esters.
    The reregistration program is being conducted under Congressionally
mandated time frames, and EPA recognizes the need both to make timely
decisions and to involve the public. The Agency is issuing the
aliphatic esters RED for public comment. This comment period is
intended to provide an opportunity for public input and a mechanism for
initiating any necessary amendments to the RED. All comments should be
submitted using the methods in ADDRESSES, and must be received by EPA
on or before the closing date. These comments will become part of the
Agency Docket for the aliphatic esters. Comments received after the
close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
    The Agency will carefully consider all comments received by the
closing date and will provide a Response to Comments Memorandum in the
Docket and regulations.gov. If any comment significantly affects the
document, EPA also will publish an amendment to the RED in the Federal
Register. In the absence of substantive comments requiring changes, the
aliphatic esters RED will be implemented as it is now presented.

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

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, the Administrator
shall determine whether pesticides containing such active ingredient
are eligible for reregistration, before calling in product specific
data on individual end-use products and either reregistering products
or taking other ``appropriate regulatory action.''

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 10, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-9834 Filed 5-22-07; 8:45 am]
BILLING CODE 6560-50-S

 
 

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