Federal Register: February 16, 2005 (Volume 70, Number 31)
DOCID: FR Doc 05-2976
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
OPP ID: [OPP-2004-0308; FRL-7697-3]
NOTICE: NOTICES
ACTION: Pesticide programs:
DOCUMENT ACTION: Notice.
SUBJECT CATEGORY:
Nicosulfuron; Tolerance Reassessment Decision for Low Risk Pesticide; Notice of Availability
DATES: Comments, identified by docket ID number OPP-2004-0308, must be received on or before March 18, 2005.
DOCUMENT SUMMARY:
This notice announces the availability of EPA's Tolerance
Reassessment Decision (TRED) for the pesticide nicosulfuron, and opens
a public comment period on this document, related risk assessments, and
other support documents. EPA has reviewed the low risk pesticide
nicosulfuron through a modified, streamlined version of the public [[Page 7935]]
participation process that the Agency uses to involve the public in
developing pesticide tolerance reassessment and reregistration
decisions. Through the tolerance reassessment program, EPA is ensuring
that all pesticides meet current health and food safety standards.
SUMMARY:
Tolerance reassessment decisions—; Nicosulfuron,
SUPPLEMENTAL 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. 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 ID number OPP20040308. 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. 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 submit or 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. Once in the system, select ``search,'' then key in the appropriate docket ID number.
Certain types of information will not be placed in the EPA
Dockets. Information claimed as CBI and other information whose
disclosure is restricted by statute, which is not included in the
official public docket, will not be available for public viewing in
EPA's electronic public docket. EPA's policy is that copyrighted
material will not be placed in EPA's electronic public docket but will
be available only in printed, paper form in the official public docket.
To the extent feasible, publicly available docket materials will be
made available in EPA's electronic public docket. When a document is
selected from the index list in EPA Dockets, the system will identify
whether the document is available for viewing in EPA's electronic
public docket. 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.
EPA intends to work towards providing electronic access to all of the
publicly available docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy
is that public comments, whether submitted electronically or on paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief description written by the docket staff.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or email to submit CBI or information protected by statute.
1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also, include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 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.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/ , and
[[Page 7936]]
follow the online instructions for submitting comments. Once in the
system, select ``search,'' and then key in docket ID number OPP2004
0308. The system is an ``anonymous access'' system, which means EPA
will not know your identity, email address, or other contact
information unless you provide it in the body of your comment.
ii. Email. Comments may be sent by email to oppdocket@epa.gov, Attention: Docket ID number OPP20040308. In contrast to EPA's electronic public docket, EPA's email system is not an ``anonymous access'' system. If you send an email comment directly to the docket without going through EPA's electronic public docket, EPA's email system automatically captures your email address. Email addresses that are automatically captured by EPA's email system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I.C.2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 204600001, Attention: Docket ID number OPP20040308.
3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by email. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
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 CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any 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 and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that support your views.
4. If you estimate potential burden or costs, explain how you arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful if you provided the name, date, and Federal Register citation related to your comments.
II. Background
A. What Action is the Agency Taking?
EPA has reassessed the uses of nicosulfuron, reassessed 7 existing
tolerances or legal residue limits, and on December 22, 2004, reached a
tolerance reassessment decision for this low risk pesticide.
Nicosulfuron is a sulfonyl urea herbicide registered for early
postemergent and postemergent use on corn. It may be used alone or in
formulation with other active ingredients (a.i.) to control annual and
perennial grasses and broadleaf weeds. Application methods include band
treatment, broadcast, low volume spray (concentrate) using aircraft, or
ground equipment. The maximum application rate is 0.06248 lb a.i./acre.
The highest usage of nicosulfuron is on corn and approximately 200,000 pounds are used annually.
Nicosulfuron is in Toxicity Category III or IV for acute oral,
dermal, inhalation, eye irritation, and dermal irritation. Nicosulfuron
is not likely to be carcinogenic based on bioassays in the rat and
mouse and lack of in vitro and in vivo mutagenic effects. Nicosulfuron
showed no developmental or reproductive effects in rats and
developmental effects in rabbits only at high doses. There were no
indications of neurotoxic effects elicited by nicosulfuron in animal
tests. The Agency is now issuing for comment the resulting Report on
Food Quality Protection Act (FQPA) Tolerance Reassessment Progress for
nicosulfuron, known as a TRED, as well as related risk assessments and technical support documents.
EPA developed the nicosulfuron TRED through a modified,
streamlined version of its public process for making tolerance
reassessment and reregistration eligibility decisions. Through these
programs, the Agency is ensuring that pesticides meet current standards
under the Federal Food, Drug, and Cosmetic Act (FFDCA) and the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended by
FQPA. EPA must review tolerances and tolerance exemptions that were in
effect when the FQPA was enacted, 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 nicosulfuron tolerances included in this notice.
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 of May 14,
2004 (69 FR 26819) (FRL73579), explains that in conducting these
programs, the Agency 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.
EPA can expeditiously reach decisions for pesticides like nicosulfuron,
which pose no risk concerns, have low use, affect few if any
stakeholders, and require no risk mitigation. Once EPA assesses uses and risks for such low risk pesticides,
[[Page 7937]]
the Agency may go directly to a decision and prepare a document summarizing its findings, such as the nicosulfuron TRED.
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 in finding ways to
effectively mitigate pesticide risks. Nicosulfuron, however, poses no
risks that require mitigation. The Agency therefore, is issuing the
nicosulfuron TRED, its risk assessments, and related support documents
simultaneously for public comment. The comment period is intended to
provide an opportunity for public input and a mechanism for initiating
any necessary amendments to the TRED. All comments should be submitted
using the methods in Unit I. of the SUPPLEMENTARY INFORMATION, and must
be received by EPA on or before the closing date. These comments will
become part of the Agency docket for nicosulfuron. Comments received
after the close of the comment period will be marked ``late.'' EPA is not required to consider these late comments.
In the absence of substantive comments requiring changes, the
decisions reflected in the Nicosulfuron TRED will be implemented as
presented. If any comment significantly affects the document, EPA will
publish an amendment to the Nicosulfuron TRED in the Federal Register. 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: February 7, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of Pesticide Programs.
[FR Doc. 052976 Filed 21505; 8:45 am]
BILLING CODE 656050S
FOR FURTHER INFORMATION CONTACT
Meghan French, Special Review and Reregistration Division (7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 204600001; telephone number: (703) 3088004; fax number: (703) 3088005; email address: french.meghan@epa.gov.