Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Notices 24297 

II. Background 

A. What Action is the Agency Taking? 

EPA is making available the Agency’s 

revised risk assessments, previously 

issued for comment through a Federal 

Register notice published on November 

29, 2006 (Vol. 71 FR 69112) (FRL–8087– 

4 ); response to comments documents; 

and related documents for chloropicrin. 

EPA is also soliciting public comment 

on a risk reduction options paper for 

chloropicrin and preliminary benefits 

assessments. EPA developed the risk 

assessments for chloropicrin as part of 

its public process for making pesticide 

reregistration eligibility and tolerance 

reassessment decisions. Through these 

programs, EPA is ensuring that 

pesticides meet current standards under 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) and the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), as amended by the Food 

Quality Protection Act of 1996 (FQPA). Chloropicrin is a non-selective preplant soil fumigant with fungicidal, 

herbicidal, insecticidal, and nematicidal 

properties. Chloropicrin is also used in 

combination with other soil fumigants 

and as a warning agent for other soil 

fumigants such as methyl bromide and 

telone (1,3-Dichloropropane). 

Chloropicrin is primarily used for preplant soil uses for agricultural crops and 

greenhouses. However, chloropicrin is 

also used for fumigations for empty 

grain and storage bins, tree replant sites, 

and wood telephone poles and timber. 

An estimated 5-9 million pounds of 

chloropicrin is applied annually. Crops 

for which over a million pounds of 

chloropicrin are used annually include 

tobacco (3.6 million pounds), tomatoes 

(1.7 million pounds), and strawberries 

(1.4 million pounds). Strawberries (20 

percent), tobacco (15 percent), and 

tomatoes (10 percent) are the crops with 

the highest percentage of their overall 

acreage treated. Many of the pre-plant 

soil fumigation uses of chloropicrin are 

used in combination with either methyl 

bromide or telone. 

EPA is providing an opportunity, 

through this notice, for interested 

parties to provide risk management 

proposals or otherwise comment on risk 

management for chloropicrin. Risks of 

concern associated with the use of 

chloropicrin are: bystander inhalation 

exposure risk, worker inhalation risk, 

and ecological risk. Bystanders would 

include any person living, working, or 

located near a fumigant application that 

may be exposed to emissions coming off 

the treated field. A complete list of the 

risks and the mitigation options can be 

found in the Risk Mitigation Options 

Document (available at ID number EPAHQ-OPP-2007-0350-0003). A Readers 

Guide has been created to provide and 

organizational structure to the 

chloropicrin docket, to allow readers to 

more easily access and navigate the 

various entries contained in the 

chloropicrin docket, and to facilitate 

public comment. You may find this 

guide at ID number EPA-HQ-OPP-2007- 

0350-0002. In targeting these risks of 

concern, the Agency solicits information 

on effective and practical risk reduction 

measures. 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, chloropicrin is 

being reviewed through the full 6-Phase 

public participation process. All comments should be submitted 

using the methods in ADDRESSES, and 

must be received by EPA on or before 

the closing date. Comments and 

proposals will become part of the 

Agency Docket for chloropicrin. 

Comments received after the close of the 

comment period will be marked ‘‘late’’ 

EPA is not required to consider these 

late comments. 

After considering comments received, 

EPA will develop and issue for 

comment the chloropicrin RED. 

B. What is the Agency’s Authority for 

Taking this Action? 

Section 4(g)(2) of FIFRA as amended 

directs that, after submission of all data 

concerning a pesticide active ingredient, 

‘‘the Administrator shall determine 

whether pesticides containing such 

active ingredient are eligible for 

reregistration,’’ before calling in product 

specific data on individual end-use 

products and either reregistering 

products or taking other ‘‘appropriate 

regulatory action.’’ 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: April 22, 2007. 

Peter Caulkins, 

Acting Director, Special Review and 

Reregistration Division, Office of Pesticide 

Programs. 

[FR Doc. E7–8371 Filed 5–1–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2005–0124; FRL– 

8125[dash]7] 

1,3-Dichloropropene (1,3-D) Revised 

Human Health Risk Assessment, 

Notice of Availability and Solicitation 

of Risk Reduction Options 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability and solicitation of 

comments on the EPA’s revised human 

health risk assessment for the soil 

fumigant 1,3-Dichloropropene (1,3-D), 

which is commonly referred to as 

telone. In addition, this notice seeks 

public comment on the risk reduction 

options paper and EPA’s benefits 

assessments for the soil fumigant group. 

The Agency is also seeking comments 

on the 1,3-D ecological risk assessment 

which, based on public comments in 

phase 3, was not revised. Although 1,3- 

D has undergone reregistration and a 

Reregistration Eligibility Decision was 

published in December 1998, EPA is 

concurrently assessing six soil 

fumigants to ensure that its risk 

assessment approaches are consistent, 

and to ensure that risk tradeoffs and 

economic outcomes can be adequately 

predicted in reaching risk management 

decisions for the five other soil 

fumigants. The Agency is seeking the 

same input from the public on these 

pesticides. EPA has developed a revised 

human health risk assessment for 1,3-D 

and is seeking comment through a 

public participation process in order to 

make available current and accurate 

information on this pesticide. 

DATES: Comments must be received on 

or before July 2, 2007. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2005–0124, by 

one of the following methods: 

<bullet≤ Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

<bullet≤ Mail: Office of Pesticide 

Programs (OPP) Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460-0001. 

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24298 Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Notices 

<bullet≤ 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 EPA–HQ–OPP–2005– 

0124. 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: All documents in the docket 

are listed in the docket index available 

in regulations.gov. 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. 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 Building), 

2777 S. Crystal Drive, 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 telephone number 

is (703) 305-5805. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Carone, Special Review and 

Reregistration Division (7508P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460-0001; 

telephone number:703-308-0122; fax 

number: (703) 308-8005; e-mail address: 

carone.andrea@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? 

EPA is making available the Agency’s 

revised human health risk assessment, 

initially issued for comment through a 

Federal Register notice published on 

July 13, 2005 (70 FR 40342) (FRL–7721– 

9); a response to comments; and related 

documents for 1,3-D. EPA also is 

soliciting public comment on the risk 

reduction options paper and the benefits 

assessments for the soil fumigant group. 

Through these programs, EPA is 

ensuring that pesticides meet current 

standards under the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

and the Federal Food, Drug, and 

Cosmetic Act (FFDCA), as amended by 

the Food Quality Protection Act of 1996 

(FQPA). 

1,3-D is applied to control root-knot 

nematodes and certain pests and 

diseases in the soil prior to the planting 

of a variety of food and feed crops 

including vegetables, fruits, nuts, and 

other field and nursery crops. In 

addition there is a proposed new use for 

post-plant drip irrigation in established 

vineyards. 1,3-D is also a restricted use 

pesticide and as such can only be 

applied by certified applicators or those 

under the supervision of a certified 

applicator. End-use product 

formulations containing 1,3-D may be 

applied through drip irrigation or by 

injection below the soil surface either in 

rows or broadcast across an area. 

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Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Notices 24299 

1,3-D was deemed eligible for 

reregistration in December 1998. The 

volatility of 1,3-D in the environment 

and results of metabolism studies in 

plants assure that there is no reasonable 

expectation of finite residues to be 

incurred in/on any raw agricultural 

commodities when end-use product 

formulations containing 1,3-D are 

applied according to label directions. 

Therefore, this fumigant does not 

require food tolerances. EPA is providing an opportunity, 

through this notice, for interested 

parties to provide risk management 

proposals or otherwise comment on risk 

management for the soil fumigant group. 

A complete list of the mitigation options 

can be found in the following 

document, ‘‘Risk Mitigation Options to 

Address Bystander and Occupational 

Exposures from Soil Fumigant 

Applications,’’ docket number EPA– 

HQ–OPP–2005–0124-0048. A Reader’s 

Guide has been created to provide an 

organizational structure to the 1,3-D 

Docket, to allow readers to more easily 

access and navigate the various entries 

contained in the 1,3-D Docket, and to 

facilitate public comment. You will find 

this guide at EPA–HQ–OPP–2005–0124- 

0046. 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. Although 1,3-D has undergone 

reregistration, the Agency plans to 

follow a similar public participation 

process for the human health revised 

risk assessment to ensure that the risk 

assessment approaches are consistent, 

and that risk management decisions for 

the five other soil fumigants consider 

the relative risks and benefits of each 

chemical. While the Agency does not 

anticipate making changes to the 

decisions made in the 1998 RED, if, at 

the conclusion of the soil fumigant 

assessment and risk management 

process, EPA determines that it is 

appropriate to modify its 1998 risk 

mitigation decision for 1,3-D 

considering the relative risks and 

benefits of others, EPA may relax certain 

measures or consider adding new ones. All comments should be submitted 

using the methods in ADDRESSES, and 

must be received by EPA on or before 

the closing date. Comments and 

proposals will become part of the 

Agency Docket for 1,3-D. Comments 

received after the close of the comment 

period will be marked ‘‘late’’ EPA is not 

required to consider these late 

comments. 

B. What is the Agency’s Authority for 

Taking this Action? 

Section 4(g)(2) of FIFRA as amended 

directs that, after submission of all data 

concerning a pesticide active ingredient, 

‘‘the Administrator shall determine 

whether pesticides containing such 

active ingredient are eligible for 

reregistration,’’ before calling in product 

specific data on individual end-use 

products and either reregistering 

products or taking other ‘‘appropriate 

regulatory action.’’ 

1,3-D was deemed eligible for 

reregistration in December 1998. EPA 

has developed a revised human health 

risk assessment for 1,3-D to assess the 

proposed post-plant use in established 

vineyards, and also in order to make 

available current and accurate 

information on this pesticide which will 

be considered as EPA assesses risk and 

develops risk management decisions for 

the five other soil fumigants. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: April 19, 2007. 

Peter Caulkins, 

Acting Director, Special Review and 

Reregistration Division, Office of Pesticide 

Programs. 

[FR Doc. E7–8390 Filed 5–1–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2007–0099; FRL–8126–4] 

Pesticide Products; Registration 

Applications 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces receipt 

of applications to register pesticide 

products containing new active 

ingredients not included in any 

previously registered products pursuant 

to the provisions of section 3(c)(4) of the 

Federal Insecticide, Fungicide and 

Rodenticide Act (FIFRA), as amended. 

DATES: Comments must be received on 

or before June 1, 2007. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2007–0099, by 

one of the following methods: 

<bullet≤ Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

<bullet≤ Mail: Office of Pesticide 

Programs (OPP) Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, NW, Washington, DC 20460– 

0001. 

<bullet≤ Delivery: OPP Regulatory 

Public Docket (7502P), Environmental 

Protection Agency, Room S-4400, One 

Potomac Yard (South Bldg.), 2777 South 

Crystal Dr., Arlington, VA 22202–3553. 

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 EPA–HQ–OPP–2007– 

0099. 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: All documents in the docket 

are listed in the docket index. 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 

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