70834 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 

refine the risk assessments, such as, 

percent crop treated information, 

residue data from food processing 

studies, etc., or could address the 

Agency’s risk assessment methodologies 

and assumptions as applied to this 

specific pesticide. 

EPA seeks to achieve environmental 

justice, the fair treatment and 

meaningful involvement of all people, 

regardless of race, color, national origin, 

or income, in the development, 

implementation, and enforcement of 

environmental laws, regulations, and 

policies. To help address potential 

environmental justice issues, the 

Agency seeks information on any groups 

or segments of the population who, as 

a result of their location, cultural 

practices, or other factors, may have 

atypical, unusually high exposure to 

acetochlor, compared to the general 

population. 

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, the Agency 

is tailoring its public participation 

process to be commensurate with the 

level of risk, extent of use, complexity 

of the issues, and degree of public 

concern associated with each pesticide. 

For acetochlor, a modified, 4–Phase 

process with one comment period and 

ample opportunity for public 

consultation seems appropriate in view 

of its few complex issues. However, if 

as a result of comments received during 

this comment period EPA finds that 

additional issues warranting further 

discussion are raised, the Agency will 

address the risk assessments as 

necessary. The decisions presented in 

the TRED may be supplemented by 

further risk mitigation measures when 

EPA considers its cumulative 

assessment of the chloroacetanilides 

pesticides. 

All comments should be submitted 

using the methods in Unit I.C., and must 

be received by EPA on or before the 

closing date. Comments will become 

part of the Agency Docket for 

acetochlor. 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 enduse products and either reregistering 

products or taking other ‘‘appropriate 

regulatory action.’’

Section 408(q) of FFDCA, 21 U.S.C. 

346a(q), requires EPA to review 

tolerances and exemptions for pesticide 

residues in effect as of August 2, 1996, 

to determine whether the tolerance or 

exemption meets the requirements of 

section 408(b)(2) or (c)(2) of FFDCA. 

This review is to be completed by 

August 3, 2006. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: November 15, 2005. 

Peter Caulkins, 

Acting Director, Special Review and 

Reregistration Division, Office of Pesticide 

Programs. 

[FR Doc. 05–23223 Filed 11–22–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPP–2005–0290; FRL–7746–2] 

Maleic Hydrazide; Tolerance 

Reassessment Decision for Low Risk 

Pesticide; Notice of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability of EPA’s Tolerance 

Reassessment Decision (TRED) for the 

pesticide maleic hydrazide, and opens a 

public comment period on this 

document, related risk assessments, and 

other support documents. EPA has 

reviewed the low risk pesticide maleic 

hydrazide through a modified, 

streamlined version of the public 

participation process that the Agency 

uses to involve the public in developing 

pesticide tolerance reassessment and 

reregistration decisions. Through the 

tolerance reassessment program, EPA is 

ensuring that all pesticides meet current 

health and food safety standards. 

DATES: Comments, identified by docket 

ID number OPP–2005–0290, must be 

received on or before January 23, 2006. 

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in 

Unit I. of the SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: John 

W. Pates, Jr., Special Review and 

Reregistration Division (7508C), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (703) 308–

8195; fax number: (703) 308–8041; email address:pates.john@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. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established an 

official public docket for this action 

under docket ID number OPP–2005–

0290. The official public docket consists 

of the documents specifically referenced 

in this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing at the Public 

Information and Records Integrity 

Branch (PIRIB), Rm. 119, Crystal Mall 

#2, 1801 S. Bell St., Arlington, VA. This 

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. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 70835 

access those documents in the public 

docket that are available electronically. 

Once in the system, select ‘‘search,’’

then key in the appropriate docket ID 

number. 

Certain types of information will not 

be placed in the EPA Dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA’s 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. To the extent feasible, publicly 

available docket materials will be made 

available in EPA’s electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA’s electronic public docket. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. EPA 

intends to work towards providing 

electronic access to all of the publicly 

available docket materials through 

EPA’s electronic public docket. 

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in EPA’s electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff. 

C. How and to Whom Do I Submit 

Comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket ID number in the subject line on 

the first page of your comment. Please 

ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. If you 

wish to submit CBI or information that 

is otherwise protected by statute, please 

follow the instructions in Unit I.D. Do 

not use EPA Dockets or e-mail to submit 

CBI or information protected by statute. 

1. Electronically. If you submit an 

electronic comment as prescribed in this 

unit, EPA recommends that you include 

your name, mailing address, and an email address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. This ensures that you can be 

identified as the submitter of the 

comment and allows EPA to contact you 

in case EPA cannot read your comment 

due to technical difficulties or needs 

further information on the substance of 

your comment. EPA’s policy is that EPA 

will not edit your comment, and any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. 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. 

i. EPA Dockets. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EPA Dockets 

at http://www.epa.gov/edocket/, and 

follow the online instructions for 

submitting comments. Once in the 

system, select ‘‘search,’’ and then key in 

docket ID number OPP–2005–0290. The 

system is an ‘‘anonymous access’’

system, which means EPA will not 

know your identity, e-mail address, or 

other contact information unless you 

provide it in the body of your comment. 

ii. E-mail. Comments may be sent by 

e-mail to opp-docket@epa.gov, 

Attention: Docket ID Number OPP–

2005–0290. In contrast to EPA’s 

electronic public docket, EPA’s e-mail 

system is not an ‘‘anonymous access’’

system. If you send an e-mail comment 

directly to the docket without going 

through EPA’s electronic public docket, 

EPA’s e-mail system automatically 

captures your e-mail address. E-mail 

addresses that are automatically 

captured by EPA’s e-mail system are 

included as part of the comment that is 

placed in the official public docket, and 

made available in EPA’s electronic 

public docket. 

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in Unit I.C.2. These electronic 

submissions will be accepted in 

WordPerfect or ASCII file format. Avoid 

the use of special characters and any 

form of encryption. 

2. By mail. Send your comments to: 

Public Information and Records 

Integrity Branch (PIRIB) (7502C), Office 

of Pesticide Programs (OPP), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001, Attention: Docket ID 

Number OPP–2005–0290. 

3. By hand delivery or courier. Deliver 

your comments to: Public Information 

and Records Integrity Branch (PIRIB), 

Office of Pesticide Programs (OPP), 

Environmental Protection Agency, Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA, Attention: Docket ID 

Number OPP–2005–0290. Such 

deliveries are only accepted during the 

docket’s normal hours of operation as 

identified in Unit I.B.1. 

D. How Should I Submit CBI to the 

Agency? 

Do not submit information that you 

consider to be CBI electronically 

through EPA’s electronic public docket 

or by e-mail. You may claim 

information that you submit to EPA as 

CBI by marking any part or all of that 

information as CBI (if you submit CBI 

on disk or CD ROM, 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 

CBI). Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

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 and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on disk or CD ROM, 

mark the outside of the disk or CD ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

70836 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person listed under 

FOR FURTHER INFORMATION CONTACT. 

E. What Should I Consider as I Prepare 

My Comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible. 

2. Describe any assumptions that you 

used. 

3. Provide any technical information 

and/or data you used that support your 

views. 

4. If you estimate potential burden or 

costs, explain how you arrived at your 

estimate. 

5. Provide specific examples to 

illustrate your concerns. 

6. Offer alternatives. 

7. Make sure to submit your 

comments by the comment period 

deadline identified. 

8. To ensure proper receipt by EPA, 

identify the appropriate docket ID 

number in the subject line on the first 

page of your response. It would also be 

helpful if you provided the name, date, 

and Federal Register citation related to 

your comments. 

II. Background 

A. What Action is the Agency Taking? 

EPA has reassessed the uses of maleic 

hydrazide, reassessed 3 existing 

tolerances or legal residue limits, and on 

September 22, 2005, reached a tolerance 

reassessment decision for this low risk 

pesticide. Maleic hydrazide is a plant 

growth regulator and herbicide. It is 

used as a plant growth regulator to 

control sucker growth on tobacco, to 

retard the growth of turf, and to inhibit 

sprout growth in stored onions and 

potatoes, as well as on non-bearing 

apple and citrus trees, forest trees, and 

ornamental plants. Maleic hydrazide is 

also used as a herbicide to control quack 

grass, wild onions, wild garlic, and 

other undesirable weeds on residential 

lawns, in terrestrial non-food crops and 

industrial areas, and along roadsides 

and other rights-of-way. The Agency is 

now issuing for comment the resulting 

Report on Food Quality Protection Act 

(FQPA) Tolerance Reassessment 

Progress and Risk Management Decision 

for maleic hydrazide, known as a TRED, 

as well as related risk assessments and 

technical support documents. 

EPA developed the maleic hydrazide 

TRED through a modified, streamlined 

version of its public process for making 

tolerance reassessment and 

reregistration eligibility decisions. 

Through these programs, the Agency is 

ensuring that pesticides meet current 

standards under the Federal Food, Drug, 

and Cosmetic Act (FFDCA) and the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), as amended 

by FQPA. EPA must review tolerances 

and tolerance exemptions that were in 

effect when the FQPA was enacted, to 

ensure that these existing pesticide 

residue limits for food and feed 

commodities meet the safety standard 

established by the new law. Tolerances 

are considered reassessed once the 

safety finding has been made or a 

revocation occurs. EPA has reviewed 

and made the requisite safety finding for 

the maleic hydrazide tolerances 

included in this notice. 

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 of May 14, 2004 (69 FR 26819) 

(FRL–7357–9) explains that in 

conducting these programs, the Agency 

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. EPA can 

expeditiously reach decisions for 

pesticides like maleic hydrazide, which 

pose no risk concerns, and require little 

risk mitigation. Once EPA assesses uses 

and risks for such low risk pesticides, 

the Agency may go directly to a decision 

and prepare a document summarizing 

its findings, such as the maleic 

hydrazide TRED. 

The tolerance reassessment program 

is being conducted under 

Congressionally mandated time frames, 

and EPA recognizes the need both to 

make timely decisions and to involve 

the public in finding ways to effectively 

mitigate pesticide risks. Maleic 

hydrazide, however, poses no risks that 

require mitigation. Although the 

database is sufficient to make a 

tolerance reassessment determination 

for maleic hydrazide, there are still 

several outstanding data gaps that must 

be fulfilled. Therefore, the Agency is 

requiring data on the magnitude of 

residue in livestock, storage stability 

studies for onions and potatoes, and a 

28–day inhalation toxicity study. In 

addition, the Agency is also requiring a 

few changes to the maleic hydrazide 

product labels such as: 

1. A statement on all labels restricting 

application to professional applicators 

only; and 

2. A 120–day plant-back interval for 

all rotational crops. 

The Agency therefore is issuing the 

maleic hydrazide TRED, its risk 

assessments, and related support 

documents simultaneously for public 

comment. The comment period is 

intended to provide an opportunity for 

public input and a mechanism for 

initiating any necessary amendments to 

the TRED. All comments should be 

submitted using the methods in Unit I. 

of the SUPPLEMENTARY INFORMATION, and 

must be received by EPA on or before 

the closing date. These comments will 

become part of the Agency Docket for 

maleic hydrazide. Comments received 

after the close of the comment period 

will be marked ‘‘late.’’ EPA is not 

required to consider these late 

comments. 

EPA will carefully consider all 

comments received by the closing date 

and will provide a Response to 

Comments Memorandum in the Docket 

and electronic EDOCKET. If any 

comment significantly affects the 

document, EPA also will publish an 

amendment to the TRED in the Federal 

Register. In the absence of substantive 

comments requiring changes, the 

decisions reflected in the TRED will be 

implemented as presented. 

B. What is the Agency’s Authority for 

Taking this Action? 

Section 408(q) of the FFDCA, 21 

U.S.C. 346a(q), requires EPA to review 

tolerances and exemptions for pesticide 

residues in effect as of August 2, 1996, 

to determine whether the tolerance or 

exemption meets the requirements of 

section 408(b)(2) or (c)(2) of FFDCA. 

This review is to be completed by 

August 3, 2006. 

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: November 14, 2005. 

Peter Caulkins, 

Acting Director, Special Review and 

Reregistration Division, Office of Pesticide 

Programs. 

[FR Doc. 05–22997 Filed 11–22–05; 8:45 am] 

BILLING CODE 6560–50–S