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pictures or video footage to help clarify • Are there non-chemical alternatives Section 408(q) of the FFDCA, 21
your comment. The following that can be used in place of fumigants? U.S.C. 346a(q), requires EPA to review
information would be helpful to EPA in Describe use. tolerances and exemptions for pesticide
characterizing regional and crop EPA seeks to achieve environmental residues in effect as of August 2, 1996,
differences in use practices and possible justice, the fair treatment and to determine whether the tolerance or
effects on potential risk: meaningful involvement of all people, exemption meets the requirements of
• Crop. regardless of race, color, national origin, section 408(b)(2) or (c)(2) of FFDCA.
• Fumigant use. or income, in the development, This review is to be completed by
• Average acres grown per enterprise. implementation, and enforcement of August 3, 2006.
• Maximum acres fumigated per day. environmental laws, regulations, and List of Subjects
• Percent of the acres grown that are policies. To help address potential
fumigated. environmental justice issues, the Environmental protection, Pesticides
• Typical application rate (lb a.i./ Agency seeks information on any groups and pests.
acre). or segments of the population who, as
Dated: June 29, 2005.
• Minimum application rate used (lb a result of their location, cultural
a.i./acre)(for high pest pressure practices, or other factors, may have Debra Edwards,
situations). atypical, unusually high exposure to Director, Special Review and Reregistration
• Time of year that soil is fumigated. dazomet, compared to the general Division, Office of Pesticide Programs.
• Fumigation cycle (every crop cycle, population. [FR Doc. 05–13373 Filed 7–13–05; 8:45 am]
1 time/year, 1 time/2 years). EPA is applying the principles of BILLING CODE 6560–50–S
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40342 Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices
regarding the applicability of this action for import purposes. Therefore, EPA B. What is the Agency’s Authority for
to a particular entity, consult the person will revoke all existing cyhexatin Taking this Action?
listed under FOR FURTHER INFORMATION tolerances and a tolerance with no U.S. Section 408(q) of the FFDCA, 21
CONTACT. registrations will be established for U.S.C. 346a(q), requires EPA to review
orange, juice. The orange juice tolerances and exemptions for pesticide
B. How Can I Get Copies of this
tolerance, in effect, replaces the existing residues in effect as of August 2, 1996,
Document and Other Related
Information? citrus tolerance. This tolerance will be to determine whether the tolerance or
time-limited pending submission and exemption meets the requirements of
1. Docket. EPA has established an review of confirmatory generic data. The section 408(b)(2) or (c)(2) of FFDCA.
official public docket for this action Agency is now issuing a Report on Food This review is to be completed by
under docket identification (ID) number Quality Protection Act (FQPA) August 3, 2006.
OPP–2004–0295. The official public Tolerance Reassessment Progress and
docket consists of the documents Risk Management Decision for List of Subjects
specifically referenced in this action, Cyhexatin, known as a TRED, as well as Environmental protection, Pesticides
any public comments received, and all related technical support documents. and pests.
other information related to this action.
Although a part of the official docket, EPA must review tolerances and Dated: June 29, 2005.
the public docket does not include tolerance exemptions that were in effect Debra Edwards,
Confidential Business Information (CBI) when FQPA was enacted in August Director, Special Review and Reregistration
or other information whose disclosure is 1996, to ensure that these existing Division, Office of Pesticide Programs.
restricted by statute. The official public pesticide residue limits for food and [FR Doc. 05–13374 Filed 7–12–05; 8:45 am]
docket is the collection of materials that feed commodities meet the safety BILLING CODE 6560–50–S
is available for public viewing at the standard established by the new law.
Public Information and Records Tolerances are considered reassessed
Integrity Branch (PIRIB), Rm. 119, once the safety finding has been made ENVIRONMENTAL PROTECTION
Crystal Mall #2, 1801 S. Bell St., or a revocation occurs. EPA has AGENCY
Arlington, VA. This docket facility is reviewed and made the requisite safety
finding for the orange juice tolerance [OPP–2005–0124; FRL–7721–9]
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal only. The 41 existing cyhexatin
1,3-Dichloropropene Risk Assessment;
holidays. The docket telephone number tolerances will be proposed for
Notice of Availability
is (703) 305–5805. revocation.
2. Electronic access. You may access EPA is applying the principles of AGENCY: Environmental Protection
this Federal Register document public participation to all pesticides Agency (EPA).
electronically through the EPA Internet undergoing reregistration and tolerance ACTION: Notice.
under the ‘‘Federal Register’’ listings at reassessment. The Agency’s Pesticide
http://www.epa.gov/fedrgstr/. Tolerance Reassessment and SUMMARY: This notice announces the
An electronic version of the public Reregistration; Public Participation availability of EPA’s human health risk
docket is available through EPA’s Process, published in the Federal assessment for the soil fumigant 1,3-
electronic public docket and comment Register on May 14, 2004, (69 FR Dichloropropene (1,3-D), which is
system, EPA Dockets. You may use EPA 26819)(FRL-7357-9) explains that in commonly referred to as telone, and
Dockets at http://www.epa.gov/edocket/ conducting these programs, EPA is opens a public comment period on this
to view public comments, access the tailoring its public participation process document. Although 1,3-D has
index listing of the contents of the to be commensurate with the level of undergone reregistration and a
official public docket, and to access risk, extent of use, complexity of issues, Reregistration Eligibility Decision was
those documents in the public docket and degree of public concern associated published for 1,3-D in December 1998,
that are available electronically. with each pesticide. Due to its uses, EPA is concurrently assessing six soil
Although not all docket materials may risks, and other factors, cyhexatin was fumigants to ensure that its risk
be available electronically, you may still reviewed through the modified 4-Phase assessment approaches are consistent,
access any of the publicly available public participation process. Through and to ensure that risk tradeoffs and
docket materials through the docket this process, EPA worked extensively economic outcomes can be adequately
facility identified in Unit I.B.1. Once in with stakeholders and the public to predicted in reaching risk management
the system, select ‘‘search,’’ then key in reach the regulatory decisions for decisions for the five other soil
the appropriate docket ID number. cyhexatin. fumigants. EPA has developed a human
health risk assessment for 1,3-D and is
II. Background The tolerance reassessment program seeking comment through a public
is being conducted under participation process in order to make
A. What Action is the Agency Taking? Congressionally mandated time frames, available current and accurate
EPA has reassessed risks associated and EPA recognizes the need both to information on this pesticide. Using this
with use of the pesticide cyhexatin, and make timely decisions and to involve approach, EPA expects to address risks
on June 13, 2005, reached a tolerance the public. A comment period is not of concern for the five other soil
reassessment and risk management needed for the cyhexatin TRED because fumigants while maintaining key use
decision. Cyhexatin is used as an all issues related to this pesticide were benefits.
insecticide/acaricide to control mites on resolved through consultations with
a variety of crops. The last U.S. product stakeholders. The Agency therefore is DATES: Comments, identified by docket
registration was canceled in 1989. There issuing the cyhexatin TRED without a identification (ID) number OPP–2005–
are currently 41 tolerances for comment period. However, the 0124, must be received on or before
cyhexatin. However, the manufacturers proposed tolerance revocation for September 12, 2005.
have indicated that they are only cyhexatin will include a 30–day public ADDRESSES: Comments may be
supporting the tolerance for orange juice comment period. submitted electronically, by mail, or
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