[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Notices]
[Pages 46796-46798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19691]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0882; FRL-8882-3]
Butylate; Registration Review Proposed Decision; Notice of
Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of EPA's proposed
registration review decision for the pesticide butylate and opens a
public comment period on the proposed decision. Registration review is
EPA's periodic review of pesticide registrations to ensure that each
pesticide continues to satisfy the statutory standard for registration,
that is, that the pesticide can perform its intended function without
unreasonable adverse effects on human health or the environment.
Through this program, EPA is ensuring that each pesticide's
registration is based on current scientific and other knowledge,
including its effects on human health and the environment.
DATES: Comments must be received on or before October 3, 2011.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0882, 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 Facility'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 Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket identification (ID)
number EPA-HQ-OPP-2008-0882. 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 regulations.gov Web site 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 at http://www.regulations.gov. 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 Facility telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: For pesticide specific information,
contact: Steven Snyderman, Chemical Review Manager, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 347-0249; fax
number: (703) 308-7070; e-mail address: [email protected].
For general information on the registration review program,
contact: Kevin Costello, Pesticide Re-evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 305-5026; fax number: (703) 308-8090; e-mail address:
[email protected].
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 wide range of stakeholders including environmental, human
health, farm worker, 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 chemical review manager 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
[[Page 46797]]
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?
Pursuant to 40 CFR 155.58, this notice announces the availability
of EPA's proposed registration review decision for the pesticide shown
in the following table, and opens a 60-day public comment period on the
proposed decision. Butylate is a thiocarbamate, soil-incorporated
herbicide and was registered for use on field corn, pop corn, and sweet
corn. The last butylate pesticide product registered for use in the
United States was terminated on March 23, 2011.
Table--Registration Review Proposed Final Decisions
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Chemical review manager,
Registration Review Case Name and No. Pesticide Docket ID No. telephone No., e-mail address
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Butylate, 0071......................... EPA-HQ-OPP-2008-0882................... Steven Snyderman, (703) 347-
0249,
[email protected].
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The registration review docket for a pesticide includes earlier
documents related to the registration review of the case. For example,
the review opened with the posting of a Summary Document, containing a
Preliminary Work Plan, for public comment. A Final Work Plan was posted
to the docket following public comment on the initial docket.
As stated in the documents in the initial butylate registration
review docket, the Agency had intended to revise the existing risk
assessments for butylate. However, after publication of the butylate
Final Work Plan, pursuant to Section 4(i)(5)(G) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, the
Agency issued a cancellation order, dated July 14, 2010, to the
technical registrant Tri-Ag, Inc., cancelling their butylate
registrations for non-payment of annual registration maintenance fees,
which were due January 15, 2010. This cancellation order established
July 14, 2010 as the effective cancellation date for Tri-Ag, Inc.'s
butylate registrations. Further, the Agency announced the issuance of
the cancellation order for non-payment of year 2010 registration
maintenance fees for butylate products in the Federal Register on July
28, 2010 (75 FR 44240; FRL-8835-2). For the remaining butylate product
registrations, pursuant to Section 6(f)(1) of FIFRA, as amended, the
Agency announced receipt of a request from the end-use registrant,
Arysta Lifescience North America, LLC, to voluntarily cancel the last
butylate product registration; and then granted this voluntary
cancellation request, establishing March 23, 2011, as the effective
cancellation date for the last butylate product registered for use in
the United States, as published in the Federal Register on March 23,
2011 (76 FR 16147, FRL-8867-8). Due to the cancellation orders issued
affecting the last remaining butylate product registrations in the
United States, the Agency has found that it is not necessary to conduct
new risk assessments for butylate and is, therefore, issuing a proposed
decision pursuant to 40 CFR 155.58. The Agency believes that mitigation
measures put into effect on product labeling through the reregistration
process are adequate to protect human health and the environment until
existing stocks of butylate are exhausted. This proposed registration
review decision is described in more detail in the Butylate Proposed
Registration Review Decision, available in the butylate docket.
Following public comment, the Agency will issue a final registration
review decision for products containing butylate.
The registration review program is being conducted under
congressionally- mandated time frames, and EPA recognizes the need both
to make timely decisions and to involve the public. Section 3(g) of
FIFRA, as amended, required EPA to establish by regulation procedures
for reviewing pesticide registrations, originally with a goal of
reviewing each pesticide's registration every 15 years to ensure that a
pesticide continues to meet the FIFRA standard for registration. The
Agency's final rule to implement this program was issued in August 2006
and became effective in October 2006, and appears at 40 CFR part 155,
subpart C. The Pesticide Registration Improvement Act of 2003 (PRIA)
was amended and extended in September 2007. FIFRA, as amended by PRIA
in 2007, requires EPA to complete registration review decisions by
October 1, 2022, for all pesticides registered as of October 1, 2007.
The registration review final rule at 40 CFR 155.58(a) provides for
a minimum 60-day public comment period on all proposed registration
review decisions. This comment period is intended to provide an
opportunity for public input and a mechanism for initiating any
necessary amendments to the proposed decision. 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
docket for butylate. 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. The final registration review decision will explain the
effect that any comments had on the decision and provide the Agency's
response to significant comments.
Background on the registration review program is provided at:
http://www.epa.gov/oppsrrd1/registration_review. Links to earlier
documents related to the registration review of this pesticide are
provided at: http://www.epa.gov/oppsrrd1/registration_review/butylate/.
B. What is the agency's authority for taking this action?
Section 3(g) of FIFRA and 40 CFR part 155, subpart C, provide
authority for this action.
[[Page 46798]]
List of Subjects
Environmental protection, Administrative practice and procedure,
Pesticides pest, and butylate.
Dated: July 25, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-19691 Filed 8-2-11; 8:45 am]
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