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69112 Federal Register / Vol. 71, No.

229 / Wednesday, November 29, 2006 / Notices

Jeff Evans, Lead Settlement Design Analyst, • Mail: Office of Pesticide Programs electronic docket at http://
California ISO (via telephone). (OPP) Regulatory Public Docket (7502P), www.regulations.gov, or, if only
Chris Parent, Supervisor, Business Environmental Protection Agency, 1200 available in hard copy, at the OPP
Analysis for the Market Analysis and Pennsylvania Ave., NW., Washington,
Settlements Group, ISO-New England Regulatory Public Docket in Rm. S-4400,
(via telephone). DC 20460-0001. One Potomac Yard (South Building),
Ken Donald, Settlements Lead and Al • Delivery: OPP Regulatory Public 2777 S. Crystal Drive, Arlington, VA.
Borno, Settlements Lead, Midwest ISO Docket (7502P), Environmental The hours of operation of this Docket
(via telephone). Protection Agency, Rm. S-4400, One Facility are from 8:30 a.m. to 4 p.m.,
Harry Dessender, Manager, Market Potomac Yard (South Building), 2777 S.
Monday through Friday, excluding legal
Settlement Services, PJM Crystal Drive, Arlington, VA. Deliveries
Interconnection (invited). holidays. The Docket telephone number
are only accepted during the Docket’s
11–11:15 Break. normal hours of operation (8:30 a.m. to is (703) 305-5805.
11:15–12 noon Data Dictionary: ID Data. 4 p.m., Monday through Friday, Additional support documents for the
12–1 p.m. Lunch. excluding legal holidays). Special soil fumigants in general can be viewed
1–2:30 p.m. Data Dictionary: Contract arrangements should be made for at EPA’s electronic public docket
Data. deliveries of boxed information. The www.regulations.gov under Docket ID
2:30–2:45 p.m. Break.
Docket telephone number is (703) 305- EPA–HQ–OPP–2005–0168. The Agency
2:45–4:15 p.m. Data Dictionary:
Transaction Data. 5805. has also established a soil fumigant web
4:15–4:45 p.m. New Business. Instructions: Direct your comments to page at http://www.epa.gov/oppsrrd1/
4:45–5 p.m. Review and Wrap-up. docket ID number EPA–HQ–OPP–2006– reregistration/soil_fumigants/. The
0661. EPA’s policy is that all comments public may also want to view the
[FR Doc. E6–20184 Filed 11–28–06; 8:45 am] received will be included in the docket individual chemical specific dockets for
BILLING CODE 6717–01–P without change and may be made
other soil fumigant pesticides. These
available on-line at http://
chemical specific dockets include:
www.regulations.gov, including any
ENVIRONMENTAL PROTECTION personal information provided, unless Telone (1,3-dichloropropene) at EPA–
AGENCY the comment includes information HQ–OPP–2005–0124, dazomet at EPA–
claimed to be Confidential Business HQ–OPP–2005–0128, metam sodium at
[EPA–HQ–OPP–2006–0661; FRL–8087–4] EPA–HQ–OPP–2005–0125, metam
Information (CBI) or other information
Chloropicrin Risk Assessments (Phase whose disclosure is restricted by statute. potassium at EPA–HQ–OPP–2005–0125,
3 of 6-Phase Process); Notice of Do not submit information that you and methyl bromide at EPA–HQ–OPP–
Availability consider to be CBI or otherwise 2005–0123. These sites are provided for
protected through regulations.gov or e- reference and review. However, the
AGENCY: Environmental Protection mail. The Federal regulations.gov Agency is requesting that comments
Agency (EPA). website is an ‘‘anonymous access’’ pertaining to chloropicrin be submitted
ACTION: Notice. system, which means EPA will not only to the chloropicrin docket at EPA–
know your identity or contact HQ–OPP–2006–0061.
SUMMARY: This notice announces the
information unless you provide it in the
availability of EPA’s human health and body of your comment. If you send an FOR FURTHER INFORMATION CONTACT:
environmental fate and effects risk e-mail comment directly to EPA without Nathan Mottl, Special Review and
assessment(s) and related documents for going through regulations.gov, your e- Reregistration Division (7508P), Office
the fumigant chloropicrin, and opens a mail address will be automatically of Pesticide Programs, Environmental
public comment period on these captured and included as part of the Protection Agency, 1200 Pennsylvania
documents. EPA is developing a comment that is placed in the docket Ave., NW., Washington, DC 20460-0001;
Reregistration Eligibility Decision (RED) and made available on the Internet. If telephone number: (703) 305-0208; fax
for chloropicrin through the full, 6- you submit an electronic comment, EPA number: (703) 308-7070; e-mail address:
Phase public participation process that recommends that you include your mottl.nathan@epa.gov.
the Agency uses to involve the public in name and other contact information in
developing pesticide reregistration and SUPPLEMENTARY INFORMATION:
the body of your comment and with any
tolerance reassessment decisions. EPA disk or CD-ROM you submit. If EPA I. General Information
is also concurrently assessing the risks cannot read your comment due to
of five other soil fumigant pesticides to technical difficulties and cannot contact A. Does this Action Apply to Me?
ensure that its assessment approaches you for clarification, EPA may not be
are consistent and to ensure that risk This action is directed to the public
able to consider your comment.
trade offs and economic outcomes can in general, and may be of interest to a
Electronic files should avoid the use of
be adequately predicted in reaching risk wide range of stakeholders including
special characters, any form of
management decisions. Through these environmental, human health, and
encryption, and be free of any defects or
programs, EPA is ensuring that all viruses. agricultural advocates; the chemical
pesticides meet current health and Docket: All documents in the docket industry; pesticide users; and members
safety standards. are listed in the docket index. Although of the public interested in the sale,
DATES: Comments must be received on listed in the index, some information is distribution, or use of pesticides. Since
or before January 29, 2007. not publicly available, e.g., CBI or other others also may be interested, the
ADDRESSES: Submit your comments, information whose disclosure is Agency has not attempted to describe all
identified by docket identification (ID) restricted by statute. Certain other the specific entities that may be affected
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number EPA–HQ–OPP–2006–0661, by material, such as copyrighted material, by this action. If you have any questions
one of the following methods: is not placed on the Internet and will be regarding the applicability of this action
• Federal eRulemaking Portal: http:// publicly available only in hard copy to a particular entity, consult the person
www.regulations.gov. Follow the on-line form. Publicly available docket listed under FOR FURTHER INFORMATION
instructions for submitting comments. materials are available either in the CONTACT.

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Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Notices 69113

B. What Should I Consider as I Prepare flouride. Chloropicrin is primarily used 7. Minimum application rate used (lb
My Comments for EPA? for pre-plant soil uses for agricultural a.i./acre)(for high pest pressure
1. Submitting CBI. Do not submit this crops and greenhouses. However, situations).
information to EPA through chloropicrin is also used for fumigations 8. Time of year that soil is fumigated.
regulations.gov or e-mail. Clearly mark of empty grain and storage bins, tree 9. Fumigation cycle (every crop cycle,
the part or all of the information that replant sites, and wood telephone poles 1 time/year, 1 time/2 years).
and timber. The Agency developed 10. Target pests (by category or
you claim to be CBI. For CBI
these risk assessments as part of its specific pests).
information in a disk or CD ROM that
public process for making pesticide 11. Method of application (e.g.,
you mail to EPA, mark the outside of the
reregistration eligibility and tolerance chemigation, soil injection, specific
disk or CD ROM as CBI and then
reassessment decisions. Through these equipment used, etc.).
identify electronically within the disk or
programs, EPA is ensuring that 12. Methods or actions taken to
CD ROM the specific information that is
pesticides meet current standards under reduce emissions (polyethylene tarps or
claimed as CBI. In addition to one
the Federal Insecticide, Fungicide, and soil cap).
complete version of the comment that 13. Could high-density polyethylene
includes information claimed as CBI, a Rodenticide Act (FIFRA) and the
Federal Food, Drug, and Cosmetic Act (HDPE) or high barrier tarps be used on
copy of the comment that does not this crop?
contain the information claimed as CBI (FFDCA), as amended by the Food
Quality Protection Act of 1996 (FQPA). 14. Time between treatment and next
must be submitted for inclusion in the production activity (e.g., time until
public docket. Information so marked An estimated 5-9 million pounds of
chloropicrin is applied annually. Crops planting).
will not be disclosed except in 15. Typical crops following the
accordance with procedures set forth in on which over a million pounds are
used annually include tobacco (3.6 fumigated crop (only if they benefit
40 CFR part 2. from the fumigation).
2. Tips for preparing your comments. million pounds), tomatoes (1.7 million
pounds), and strawberries (1.4 million 16. Regulatory restrictions in your
When submitting comments, remember area on this fumigant or an alternative
to: pounds). Strawberries (20 percent),
tobacco (15 percent), and tomatoes (10 fumigant (such as weather restrictions).
i. Identify the document by docket ID 17. Soil restrictions on this fumigant
number and other identifying percent) are also the crops with the
highest percentage of their overall or an alternative fumigant.
information (subject heading, Federal 18. Any restrictions or concerns about
Register date and page number). acreage treated. Almost all of the pre-
minimum soil temperature, hilly terrain,
ii. Follow directions. The Agency may plant soil fumigation uses of
etc.
ask you to respond to specific questions chloropicrin occur in combination with
19. Best available alternative (another
or organize comments by referencing a either methyl bromide or telone.
fumigant or strategy such as leaving
Code of Federal Regulations (CFR) part Plant metabolism and environmental
land fallow, etc.).
or section number. fate studies demonstrate that 20. Could the use of different soil
iii. Explain why you agree or disagree; chloropicrin is degraded in both fumigants be alternated (e.g., metam
suggest alternatives and substitute anaerobic and aerobic soil to carbon sodium followed by (1,3-D)? Specify
language for your requested changes. dioxide which is subsequently taken up how.
iv. Describe any assumptions and by the plant. Therefore, the use of 21. Yield or quality impacts that are
provide any technical information and/ chloropicrin as a pre-plant soil fumigant likely to result from moving to the best
or data that you used. is considered to be a non-food use and available alternative (i.e., change in
v. If you estimate potential costs or food tolerances are not required. commodity price or grade).
burdens, explain how you arrived at EPA is providing an opportunity, 22. Would moving to the next best
your estimate in sufficient detail to through this notice, for interested alternative impact key market windows?
allow for it to be reproduced. parties to provide comments and input How?
vi. Provide specific examples to on the Agency’s risk assessments for 23. Cost per acre of active ingredient.
illustrate your concerns and suggest chloropicrin. Such comments and input 24. Cost per acre of other fumigation
alternatives. could address, for example, the inputs (e.g., tarps and equipment).
vii. Explain your views as clearly as availability of additional data to further 25. Is there a crop budget available for
possible, avoiding the use of profanity refine the risk assessments, or your area and crop?
or personal threats. information about specific use practices 26. Do you know of any other contacts
viii. Make sure to submit your for crops that are produced using or other sources of information for this
comments by the comment period chloropicrin. For example, the following crop who could provide information on
deadline identified. information would be helpful to EPA in acreage, prices, pests, etc.?
II. Background characterizing regional and crop 27. Are there non-chemical
differences in use practices and possible alternatives that can be used in place of
A. What Action is the Agency Taking? effects on potential risk. When fumigants? Describe use.
EPA is making available the human providing this information to the EPA seeks to achieve environmental
health and environmental fate and Agency, consider providing pictures or justice, the fair treatment and
effects risk assessments for chloropicrin. video footage to help clarify your meaningful involvement of all people,
Chloropicrin is a non-selective pre-plant comments. regardless of race, color, national origin,
soil fumigant with fungicidal, 1. Crop. or income, in the development,
herbicidal, insecticidal, and nematicidal 2. Fumigant use. implementation, and enforcement of
properties. Chloropicrin is also used in 3. Average acres grown per enterprise. environmental laws, regulations, and
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combination with other soil fumigants 4. Maximum acres fumigated per day. policies. To help address potential
and as a warning agent for other soil 5. Percent of the acres grown that are environmental justice issues, the
fumigants such as methyl bromide and fumigated. Agency seeks information on any groups
telone (1,3-dichloropropene) and 6. Typical application rate (lb a.i./ or segments of the population who, as
structural fumigations using sulfuryl acre). a result of their location, cultural

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69114 Federal Register / Vol. 71, No. 229 / Wednesday, November 29, 2006 / Notices

practices, or other factors, may have ENVIRONMENTAL PROTECTION claimed to be Confidential Business
atypical, unusually high exposure to AGENCY Information (CBI) or other information
chloropicrin, compared to the general whose disclosure is restricted by statute.
[EPA–HQ–OPP–2004–0348; FRL–8104–2]
population. Do not submit information that you
Malathion Reregistration Eligibility consider to be CBI or otherwise
EPA is applying the principles of
Decision; Notice of Availability protected through regulations.gov or e-
public participation to all pesticides
mail. The Federal regulations.gov
undergoing reregistration and tolerance AGENCY: Environmental Protection website is an ‘‘anonymous access’’
reassessment. The Agency’s Pesticide Agency (EPA). system, which means EPA will not
Tolerance Reassessment and know your identity or contact
ACTION: Notice.
Reregistration; Public Participation information unless you provide it in the
Process, published in the Federal SUMMARY: This notice announces the body of your comment. If you send an
Register on May 14, 2004, (69 FR availability of EPA’s Reregistration e-mail comment directly to EPA without
26819)(FRL–7357–9) explains that in Eligibility Decision (RED) for the going through regulations.gov, your e-
conducting these programs, EPA is pesticide malathion and opens a public mail address will be automatically
tailoring its public participation process comment period on this document. The captured and included as part of the
to be commensurate with the level of Agency’s risk assessments and other comment that is placed in the docket
risk, extent of use, complexity of issues, related documents also are available in and made available on the Internet. If
and degree of public concern associated the Malathion Docket. Malathion is a you submit an electronic comment, EPA
with each pesticide. EPA plans to non-systemic, broad-spectrum recommends that you include your
review chloropicrin through the full, 6- organophosphate pesticide with name and other contact information in
Phase public participation process. numerous commercial agricultural and the body of your comment and with any
residential uses, as well as several wide- disk or CD-ROM you submit. If EPA
Comments should be limited to issues area application uses. EPA has reviewed cannot read your comment due to
raised within the risk assessment(s) and malathion through the public technical difficulties and cannot contact
associated documents. Failure to participation process that the Agency you for clarification, EPA may not be
comment on any such issues as part of uses to involve the public in developing able to consider your comment.
this opportunity will not limit a pesticide reregistration and tolerance Electronic files should avoid the use of
commenter’s opportunity to participate reassessment decisions. Through these special characters, any form of
in any later notice and comment programs, EPA is ensuring that all encryption, and be free of any defects or
processes on this matter. All comments pesticides meet current health and viruses.
should be submitted using the methods safety standards. Docket: All documents in the docket
in ADDRESSES, and must be received by DATES: Comments must be received on are listed in the docket index. Although
EPA on or before the closing date. or before January 29, 2007. listed in the index, some information is
Comments will become part of the not publicly available, e.g., CBI or other
ADDRESSES: Submit your comments,
Agency Docket for chloropicrin. information whose disclosure is
identified by docket identification (ID)
Comments received after the close of the restricted by statute. Certain other
number EPA–HQ–OPP–2004–0348, by
comment period will be marked ‘‘late.’’ material, such as copyrighted material,
one of the following methods:
EPA is not required to consider these is not placed on the Internet and will be
• Federal eRulemaking Portal: http://
late comments. publicly available only in hard copy
www.regulations.gov. Follow the on-line
form. Publicly available docket
B. What is the Agency’s Authority for instructions for submitting comments.
materials are available either in the
• Mail: Office of Pesticide Programs
Taking this Action? electronic docket at http://
(OPP) Regulatory Public Docket (7502P),
www.regulations.gov, or, if only
Section 4(g)(2) of FIFRA as amended Environmental Protection Agency, 1200
available in hard copy, at the OPP
directs that, after submission of all data Pennsylvania Ave., NW., Washington,
Regulatory Public Docket in Rm. S–
concerning a pesticide active ingredient, DC 20460–0001.
4400, One Potomac Yard (South Bldg.),
‘‘the Administrator shall determine • Delivery: OPP Regulatory Public
2777 S. Crystal Dr., Arlington, VA. The
whether pesticides containing such Docket (7502P), Environmental
hours of operation of this Docket
active ingredient are eligible for Protection Agency, Rm. S–4400, One
Facility are from 8:30 a.m. to 4 p.m.,
reregistration,’’ before calling in product Potomac Yard (South Bldg.), 2777 S.
Monday through Friday, excluding legal
Crystal Dr., Arlington, VA. Deliveries
specific data on individual end-use holidays. The Docket telephone number
are only accepted during the Docket’s
products and either reregistering is (703) 305–5805.
normal hours of operation (8:30 a.m. to
products or taking other ‘‘appropriate FOR FURTHER INFORMATION CONTACT: Neil
4 p.m., Monday through Friday,
regulatory action.’’ excluding legal holidays). Special Anderson, Special Review and
arrangements should be made for Reregistration Division (7508P), Office
List of Subjects of Pesticide Programs, Environmental
deliveries of boxed information. The
Environmental protection, Pesticides Docket telephone number is (703) 305– Protection Agency, 1200 Pennsylvania
and pests. 5805. Ave., NW., Washington, DC 20460–
Instructions: Direct your comments to 0001; telephone number: (703) 308–
Dated: October 20, 2006. 8187; fax number: (703) 308–8005; e-
docket ID number EPA–HQ–OPP–2004–
Debra Edwards, mail address: anderson.neil@epa.gov.
0348. EPA’s policy is that all comments
Director, Special Review and Reregistration received will be included in the docket SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with NOTICES

Division, Office of Pesticide Programs. without change and may be made I. General Information
[FR Doc. E6–20145 Filed 11–28–06; 8:45 am] available on-line at http://
BILLING CODE 6560–50–S www.regulations.gov, including any A. Does this Action Apply to Me?
personal information provided, unless This action is directed to the public
the comment includes information in general, and may be of interest to a

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