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###### Environmental Protection Agency

          - [OPP-34138C; FRL-6748-4]

# 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; e-mail 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                           ( print page 58530)                        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