Pesticide programs: Tolerance reassessment decisions— Cyhexatin,

[Federal Register: July 13, 2005 (Volume 70, Number 133)]

[Notices]

[Page 40341-40342]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13jy05-69]

ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0295; FRL-7720-4]

Cyhexatin; Tolerance Reassessment Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces the availability of EPA's Tolerance Reassessment Decision (TRED) for the pesticide cyhexatin. The Agency's risk assessments and other related documents also are available in the Cyhexatin Docket. Through the tolerance reassessment program, EPA is ensuring that all pesticides meet current health and food safety standards.

FOR FURTHER INFORMATION CONTACT: Tom Myers, Special Review and Reregistration Division (7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-8589, fax number: (703) 308-8041; e-mail address: myers.tom@epa.gov.

SUPPLEMENTARY INFORMATION:

1. General Information

   1. 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

      [[Page 40342]]

      regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

   2. 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 identification (ID) number OPP-2004-0295. 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, 1801 S. Bell St., Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The docket telephone number is (703) 305-5805.

      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 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. 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. Once in the system, select ``search,'' then key in the appropriate docket ID number.

2. Background

   1. What Action is the Agency Taking?

      EPA has reassessed risks associated with use of the pesticide cyhexatin, and on June 13, 2005, reached a tolerance reassessment and risk management decision. Cyhexatin is used as an insecticide/acaricide to control mites on a variety of crops. The last U.S. product registration was canceled in 1989. There are currently 41 tolerances for cyhexatin. However, the manufacturers have indicated that they are only supporting the tolerance for orange juice for import purposes. Therefore, EPA will revoke all existing cyhexatin tolerances and a tolerance with no U.S. registrations will be established for orange, juice. The orange juice tolerance, in effect, replaces the existing citrus tolerance. This tolerance will be time-limited pending submission and review of confirmatory generic data. The Agency is now issuing a Report on Food Quality Protection Act (FQPA) Tolerance Reassessment Progress and Risk Management Decision for Cyhexatin, known as a TRED, as well as all related technical support documents.

      EPA must review tolerances and tolerance exemptions that were in effect when FQPA was enacted in August 1996, 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 orange juice tolerance only. The 41 existing cyhexatin tolerances will be proposed for revocation.

      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 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, cyhexatin was reviewed through the modified 4-Phase public participation process. Through this process, EPA worked extensively with stakeholders and the public to reach the regulatory decisions for cyhexatin.

      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. A comment period is not needed for the cyhexatin TRED because all issues related to this pesticide were resolved through consultations with stakeholders. The Agency therefore is issuing the cyhexatin TRED without a comment period. However, the proposed tolerance revocation for cyhexatin will include a 30-day public comment period.

   2. 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: June 29, 2005. Debra Edwards, Director, Special Review and Reregistration Division, Office of Pesticide Programs.

      [FR Doc. 05-13374 Filed 7-12-05; 8:45 am]

      BILLING CODE 6560-50-S