Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices 14551 

2. Other related information. More 

information on these cases, including 

the active ingredients for each case, may 

be located in the registration review 

schedule on the Agency’s website at 

http://www.epa.gov/oppsrrd1/ 

registration_review/schedule.htm. 

Information on the Agency’s registration 

review program and its implementing 

regulation may be seen at http:// 

www.epa.gov/oppsrrd1/ 

registration_review/. 

3. Information submission 

requirements. Anyone may submit data 

or information in response to this 

document. To be considered during a 

pesticide’s registration review, the 

submitted data or information must 

meet the following requirements: 

To ensure that EPA will consider data 

or information submitted, interested 

persons must submit the data or 

information during the comment period. 

The Agency may, at its discretion, 

consider data or information submitted 

at a later date. 

The data or information submitted 

must be presented in legible and useable 

form. For example, an English 

translation must accompany any 

material that is not in English and a 

written transcript must accompany any 

information submitted as an 

audiographic or videographic record. 

Written material may be submitted in 

paper or electronic form. 

Submitters must clearly identify the 

source of any submitted data or 

information. 

Submitters may request the Agency to 

reconsider data or information that the 

Agency rejected in a previous review. 

However, submitters must explain why 

they believe the Agency should 

reconsider the data or information in the 

pesticide’s registration review. 

As provided in 40 CFR part 155, 

subpart C, § 155.58, the registration 

review docket for each pesticide case 

will remain publicly accessible through 

the duration of the registration review 

process; that is, until all actions 

required in the final decision on the 

registration review case have been 

completed. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: March 14, 2007. 

James B. Gulliford, 

Assistant Administrator, Office of Prevention, 

Pesticides, and Toxic Substances. 

[FR Doc. E7–5574 Filed 3–27–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2005–0145; FRL–8119–4] 

Boscalid; Pesticide Tolerances; 

Availability of Objections and Request 

for Comments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This document announces the 

availability of objections filed with 

respect to the establishment of two 

boscalid tolerances under section 408 of 

the Federal Food, Drug, and Cosmetic 

Act. The objections were filed on 

February 20, 2007 by the Natural 

Resources Defense Council (‘‘NRDC’’). 

NRDC’s objections assert that EPA 

unlawfully removed the additional 10X 

safety factor for the protection of infants 

and children. Additionally NRDC 

claims that EPA’s action was arbitrary 

and capricious for failing to provide an 

adequate explanation for the decision 

on the children’s safety factor. This 

document seeks comment on the NRDC 

objections. 

DATES: Comments must be received on 

or before May 29, 2007. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number(s) EPA–HQ–OPP–2005–0145, 

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(s) EPA–HQ–OPP–

2005–0145. 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 email. 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 email 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: EPA has established a docket 

for this action under docket 

identification (ID) number EPA–HQ–

OPP–2005–0145. 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. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. Although listed in the 

index, some information is not publicly 

available, e.g., Confidential Business 

Information (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 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 

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. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Madden, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 


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14552 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices 

DC 20460-0001; telephone number: 

(703) 305-6463; fax number: (703) 605- 

0781; e-mail address: 

madden.barbara@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 

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? 

On February 20, 2007, the Natural 

Resources Defense Council (‘‘NRDC’’) 

filed objections to a final rule 

establishing tolerances for the pesticide 

boscalid on two crop subgroups in the 

leafy vegetables crop group. (December 

20, 2006 (71 FR 76185; FRL–8107–8)). 

Pesticide tolerances are established 

under section 408 of the Federal Food, 

Drug, and Cosmetic Act (‘‘FFDCA’’). (21 

U.S.C. 346a). The new tolerances were 

for Crop Subgroup 4A, leafy greens 

except head and leaf lettuce, and Crop 

Subgroup 4B, leafy petioles. 

NRDC’s objections assert that it was 

unlawful for EPA to remove the 

additional 10X safety factor for the 

protection of infants and children in 

assessing the risk of boscalid because 

the evidence shows that juveniles are 

more sensitive to boscalid than adults. 

NRDC claims that if the 10X children’s 

safety factor is retained, the boscalid 

tolerances do not meet the safety 

standard for establishing tolerances 

under FFDCA section 408. Additionally, 

NRDC argues that EPA’s action was 

arbitrary and capricious for failing to 

provide an adequate explanation for the 

decision on the children’s safety factor. 

Because the issues raised by NRDC 

concern matters of great interest not just 

to NRDC but to growers, food 

distributors and processors, and 

pesticide manufacturers as well as 

members of the public, EPA believes it 

decision-making will be enhanced by 

obtaining the views of all affected 

parties. For that reason, EPA is 

publishing this notice of availability of 

NRDC’s objections and requesting 

comment on the objections. The 

objections are available in the docket for 

the tolerance rule in question, i.e., 

Docket EPA–HQ–OPP–2005–0145. See 

the ‘‘ADDRESSES’’ section of this 

document for information accessing the 

docket. 

B. What is the Agency’s Authority for 

Taking this Action? 

Under section 408(g)(2)(A) of the 

FFDCA, any person may file objections 

with EPA within 60 days of issuance of 

a final tolerance regulation. (21 U.S.C. 

346a(g)(2)). Such person may also 

request a public evidentiary hearing on 

the objections; however, NRDC has not 

requested such a hearing. Under EPA 

regulations, EPA must publish an order 

setting forth its determination on each 

of NRDC’s objections. (40 CFR 

178.37(a)). Such order must contain 

EPA’s reasons for its determination. (40 

CFR 178.37(b)). If based on the 

objections EPA determines that the 

tolerance regulation should be modified 

or revoked, EPA will publish by order 

any revisions to the regulation. (21 

U.S.C. 346a(g)(2)(C); 40 CFR 178.35). 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: March 14, 2007. 

Donald R. Stubbs, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

[FR Doc. E7–5576 Filed 3–27–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8292–5] 

Proposed CERCLA Administrative 

Agreement for Recovery of Response 

Costs; Denova Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with Section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, as 

amended by the Superfund 

Amendments and Reauthorization Act 

(‘‘CERCLA’’), 42 U.S.C. 9622(i), notice is 

hereby given of a proposed Agreement 

for Recovery of Response Costs 

(‘‘Agreement,’’ Region 9 Docket No. 9–

2006–0025) pursuant to Section 122(h) 

of CERCLA concerning the Denova 

Superfund Site, (the ‘‘Site’’), located in 

Rialto, California. The settling parties 

are Northrup Grumman, Lockheed 

Martin, the Boeing Company, Georgia 

Pacific, BNSF Railway Company, Royal 

Caribbean Cruises, JBL Inc., the 

Marquardt Company, Davis Wire Corp., 

Aerojet-General Corp., the Department 

of Energy (Lawrence Livermore National 

Laboratory), the Department of Energy 

(Sandia National Laboratory), NASA, 

the Department of the Interior and the 

Navy. 

The Agreement compensates EPA and 

the County of San Bernardino 


sroberts on PROD1PC70 with NOTICES