Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices 58529

ENVIRONMENTAL PROTECTION

AGENCY

[OPP–34138C; FRL–6748–4]

Pesticides; Availability of Interim Risk

Management Decisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces the

availability of the interim risk

management decision for one

organophosphate pesticide, profenofos.

This decision document has been

developed as part of the public

participation process that EPA and

USDA are now using to involve the

public in the reassessment of pesticide

tolerances under the Food Quality

Protection Act (FQPA), and the

reregistration of individual

organophosphate pesticides under the

Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA).

FOR FURTHER INFORMATION CONTACT:

Carmelita White, Special Review and

Reregistration Division (7508W), Office

of Pesticide Programs, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460;

telephone number: (703) 308–7038; email address: white.carmelita@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

This action is directed to the public

in general, nevertheless, a wide range of

stakeholders will be interested in

obtaining the interim risk management

decision for profenofos, including

environmental, human health, and

agricultural advocates; the chemical

industry; pesticide users; and members

of the public interested in the use of

pesticides on food. Since other entities

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. How Can I Get Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. On the Home Page select

‘‘Laws and Regulations,’’ ‘‘Regulations

and Proposed Rules,’’ and then look up

the entry for this document under the

Federal Register—Environmental

Documents.You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/. In addition,

copies of the pesticide interim risk

management decision document

released to the public may also be

accessed at http: www.epa.gov/REDs.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–34138C for profenofos. The official

record consists of the documents

specifically referenced in this action,

and other information related to this

action, including any information

claimed as Confidential Business

Information (CBI). This official record

includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which

includes printed, paper versions of any

electronic comments submitted during

an applicable comment period is

available for inspection in the Public

Information and Records Integrity

Branch (PIRIB), Rm. 119, Crystal Mall

#2, 1921 Jefferson Davis Hwy.,

Arlington, VA, from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The PIRIB telephone number

is (703) 305–5805.

II. What Action is the Agency Taking?

EPA has assessed the risks of

profenofos and reached an Interim

Reregistration Eligibility Decision

(IRED) for this organophosphate

pesticide. Provided that risk mitigation

measures are adopted, profenofos fits

into its own risk cup–– its individual,

aggregate risks are within acceptable

levels. Profenofos also is eligible for

reregistration, pending a full

reassessment of the cumulative risk

from all organophosphate pesticides.

Profenofos residues in food and

drinking water do not pose risk

concerns, and there are no residential

uses for profenofos, so no relevant

mitigation measures are warranted at

this time. With mitigation measures,

profenofos’ worker and ecological risks

also are expected to be below levels of

concern for reregistration.

The interim risk management

decision on profenofos was made

through the organophosphate pilot

public participation process, which

increases transparency and maximizes

stakeholder involvement in EPA’s

development of risk assessments and

risk management decisions. The pilot

public participation process was

developed as part of the EPA–USDA

Tolerance Reassessment Advisory

Committee (TRAC), which was

established in April 1998, as a

subcommittee under the auspices of

EPA’s National Advisory Council for

Environmental Policy and Technology.

A goal of the pilot public participation

process is to find a more effective way

for the public to participate at critical

junctures in the Agency’s development

of organophosphate pesticide risk

assessments and risk management

decisions. EPA and USDA began

implementing this pilot process in

August 1998, to increase transparency

and opportunities for stakeholder

consultation.

EPA worked extensively with affected

parties to reach the decisions presented

in the interim risk management decision

document, which concludes the pilot

public participation process for

profenofos. As part of the pilot public

participation process, numerous

opportunities for public comment were

offered as these interim risk

management decisions were being

developed. The profenofos interim risk

management decision therefore is issued

in final, without a formal public

comment period. The docket remains

open, however, and any comments

submitted in the future will be placed

in the public docket.

The risk assessments for profenofos

were released to the public through

notices in the Federal Register on

August 10, 1998, 63 FR 43175 (FRL–

6024–3) and June 16, 1999, 64 FR 32229

(FRL–6087–9).

EPA’s next step under the Food

Quality Protection Act (FQPA) is to

complete a cumulative risk assessment

and risk management decision

encompassing all the organophosphate

pesticides, which share a common

mechanism of toxicity. The interim risk

management decision on profenofos

cannot be considered final until this

cumulative assessment is complete.

Further risk mitigation may be

necessary at that time.

To effect risk mitigation as quickly as

possible. The time frame for making the

changes described in the interim risk

management decision document is

shorter than that in a usual

Reregistration Eligibility Decision. All

labels need to be amended to include

the above mitigation and submitted to

the Agency within 90 days after

issuance of the interim risk management

decision document. When the

cumulative risk assessment for all

organophosphate pesticides has been

completed, EPA will issue its final

tolerance reassessment decision for

58530 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Notices

profenofos, and further risk mitigation

measures may be needed.

List of Subjects

Environmental protection, Chemicals,

Pesticides and pests.

Dated: September 20, 2000.

Lois Rossi,

Director, Special Review and Reregistration

Division, Office of Pesticide Programs.

[FR Doc. 00–25054 Filed 9–28–00; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

[OPP–60056; FRL–6743–5]

Intent to Suspend Certain Pesticide

Registrations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of issuance of Notices of

Intent to Suspend.

SUMMARY: This Notice, pursuant to

section 6(f)(2) of the Federal Insecticide,

Fungicide, and Rodenticide Act

(FIFRA), 7 U.S.C. 136 et seq., announces

that EPA has issued Notices of Intent to

Suspend pursuant to sections 3(c)(2)(B)

and 4 of FIFRA. The Notices were

issued following issuance of Section 4

Reregistration Requirements Notices by

the Agency and the failure of registrants

subject to the Section 4 Reregistration

Requirements Notices to take

appropriate steps to secure the data

required to be submitted to the Agency.

This Notice includes the text of a Notice

of Intent to Suspend, absent specific

chemical, product, or factual

information. Table A of this Notice

further identifies the registrants to

whom the Notices of Intent to Suspend

were issued, the date each Notice of

Intent to Suspend was issued, the active

ingredient(s) involved, and the EPA

registration numbers and names of the

registered product(s) which are affected

by the Notices of Intent to Suspend.

Moreover, Table B of this Notice

identifies the basis upon which the

Notices of Intent to Suspend were

issued. Finally, matters pertaining to the

timing of requests for hearing are

specified in the Notices of Intent to

Suspend and are governed by the

deadlines specified in section 3(c)(2)(B).

As required by section 6(f)(2), the

Notices of Intent to Suspend were sent

by certified mail, return receipt

requested, to each affected registrant at

its address of record.

FOR FURTHER INFORMATION CONTACT:

Harold Day, Office of Compliance

(2225A), Agriculture and Ecosystem

Division, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460, (202) 564–4133.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me

This action is directed to the public

in general. Although this action may be

of particular interest to persons who

produce or use pesticides, 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.

II. Text of a Notice of Intent to Suspend

The text of a Notice of Intent to

Suspend, absent specific chemical,

product, or factual information, follows:

United States Environmental Protection

Agency

Office of Prevention, Pesticides and Toxic

Substances

Washington, DC 20460

Certified Mail

Return Receipt Requested

SUBJECT: Suspension of Registration of

Pesticide Product(s) Containing

Methoxychlor for Failure to Comply with the

Methoxychlor Section 4 Phase 5

Reregistration Eligibility Document Data CallIn Notice Dated December 9, 1988

Dear Sir/Madam:

This letter gives you notice that the

pesticide product registrations listed in

Attachment I will be suspended 30 days

from your receipt of this letter unless

you take steps within that time to

prevent this Notice from automatically

becoming a final and effective order of

suspension. The Agency’s authority for

suspending the registrations of your

products is section 3(c)(2)(B) of the

Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA). Upon

becoming a final and effective order of

suspension, any violation of the order

will be an unlawful act under section

12(a)(2)(J) of FIFRA.

You are receiving this Notice of Intent

to Suspend because you have failed to

comply with the terms of the Phase 5

Reregistration Eligibility Document Data

Call-In Notice imposed pursuant to

section 4(g)(2)(b) and section (3)(2)(B) of

FIFRA.

The specific basis for issuance of this

Notice is stated in the Explanatory

Appendix (Attachment III) to this

Notice. The affected products and the

requirements which you failed to satisfy

are listed and described in the following

three attachments:

Attachment I Suspension Report—

Product List

Attachment II Suspension Report—

Requirement List

Attachment III Suspension Report—

Explanatory Appendix

The suspension of the registration of

each product listed in Attachment I will

become final unless at least one of the

following actions is completed.

1. You may avoid suspension under

this Notice if you or another person

adversely affected by this Notice

properly request a hearing within 30

days of your receipt of this Notice. If

you request a hearing, it will be

conducted in accordance with the

requirements of section 6(d) of FIFRA

and the Agency’s procedural regulations

in 40 CFR part 164.

Section 3(c)(2)(B), however, provides

that the only allowable issues which

may be addressed at the hearing are

whether you have failed to take the

actions which are the bases of this

Notice and whether the Agency’s

decision regarding the disposition of

existing stocks is consistent with FIFRA.

Therefore, no substantive allegation or

legal argument concerning other issues,

including but not limited to the

Agency’s original decision to require the

submission of data or other information,

the need for or utility of any of the

required data or other information or

deadlines imposed, and the risks and

benefits associated with continued

registration of the affected product, may

be considered in the proceeding. The

Administrative Law Judge shall by order

dismiss any objections which have no

bearing on the allowable issues which

may be considered in the proceeding.

Section 3(c)(2)(B)(iv) of FIFRA

provides that any hearing must be held

and a determination issued within 75

days after receipt of a hearing request.

This 75–day period may not be

extended unless all parties in the

proceeding stipulate to such an

extension. If a hearing is properly

requested, the Agency will issue a final

order at the conclusion of the hearing

governing the suspension of your

products.

A request for a hearing pursuant to

this Notice must (1) include specific

objections which pertain to the

allowable issues which may be heard at

the hearing, (2) identify the registrations

for which a hearing is requested, and (3)

set forth all necessary supporting facts

pertaining to any of the objections

which you have identified in your

request for a hearing. If a hearing is

requested by any person other than the

registrant, that person must also state

specifically why he asserts that he

would be adversely affected by the

suspension action described in this

Notice. Three copies of the request must