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Oxyfluorfen - Availability of Reregistration Eligibility Decision Document for Comment 10/02

ENVIRONMENTAL PROTECTION AGENCY
[OPP-2002-0255; FRL-7275-1]
Oxyfluorfen; Availability of Reregistration Eligibility Decision
Document for Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.

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SUMMARY: This notice announces availability and starts a 60-day public
comment period on the Reregistration Eligibility Decision (RED)
document for the pesticide active ingredient oxyfluorfen. The RED
represents EPA's formal regulatory assessment of the health and
environmental data base of the subject chemical and presents the
Agency's determination regarding which pesticidal uses are eligible for
reregistration.

DATES: Comments, identified by docket ID number OPP-2002-0255, must be
received on or before December 30, 2002.

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: Patrick Dobak, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (703) 308-8180; e-mail address:
dobak.pat@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

This action is directed to the public in general. This action may,
however, be of interest to persons who are or may be required to
conduct testing of chemical substances under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) or the Federal Food, Drug, and
Cosmetic Act (FFDCA); environmental, human health, and
agricultural advocates; pesticides users; and members of the public
interested in the use of pesticides. Since other entities may also 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-2002-0255. 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, 1921 Jefferson Davis Hwy., 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/. To access RED documents and
RED fact sheets electronically, go directly to the REDs table on the
EPA Office of Pesticide Programs Home Page,
at 
http://www.epa.gov/pesticides/reregistration/status.htm.
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 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 EPA's 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. 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 e-mail 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-2002-0255. 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-2002-0255. 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), Office of Pesticide Programs (OPP),
Environmental Protection Agency (7502C), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Attention: Docket ID number OPP-2002-0255.
    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, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket
ID number OPP-2002-0255. 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 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 copies of 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 the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection
activity.
    7. Make sure to submit your comments by the deadline in this
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

II. Background

A. What Action Is the Agency Taking?

    The Agency has issued a RED for the pesticide active ingredient
listed in this document. Under FIFRA, as amended in 1988, EPA is
conducting an accelerated reregistration program to reevaluate existing
pesticides to make sure they meet current scientific and regulatory
standards. The data base to support the reregistration of the chemical
listed in this document is substantially complete, and the pesticide's
risks have been mitigated so that it will not pose unreasonable risks
to people or the environment when used according to its approved
labeling. In addition, EPA is reevaluating existing pesticides and
reassessing tolerances under the Food Quality Protection Act (FQPA) of
1996. The pesticides included in this notice also have been found to
meet the FQPA safety standard.
    All registrants of pesticide products containing the active
ingredient listed in this document have been sent the appropriate RED,
and must respond to labeling requirements and product specific data
requirements (if applicable) within 8 months of receipt. Products also
containing other pesticide active ingredients will not be reregistered
until those other active ingredients are determined to be eligible for
reregistration.
    The reregistration program is being conducted under Congressionally
mandated time frames, and EPA recognizes both the need to make timely
reregistration decisions and to involve the public. Therefore, EPA is
issuing this RED as a final document with a 60-day comment period.
Although the 60-day public comment period does not affect the
registrant's response due date, it is intended to provide an
opportunity for public input and a mechanism for initiating any
necessary amendments to the RED. All comments will be considered by the
Agency. If any comment significantly affects the RED, EPA will amend
the RED by publishing the amendment in the Federal Register.

B. What Is the Agency's Authority for Taking This Action?

    The legal authority for these REDs falls under FIFRA, as amended in
1988 and 1996. Section 4(g)(2)(A) of FIFRA 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, Chemicals, Pesticides and pests.

Dated: October 24, 2002.
Betty Shackleford,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 02-27626 Filed 10-29-02; 8:45 am]