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Receipt of Petition Requesting EPA to Suspend the Registration of Rozol Prairie Dog Bait and Cancel Certain Application Sites; Opening of Comment Period

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[Federal Register: October 7, 2009 (Volume 74, Number 193)]
[Notices]
[Page 51601-51602]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc09-63]

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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0684; FRL-8436-1]

Receipt of Petition Requesting EPA to Suspend the Registration of
Rozol Prairie Dog Bait and Cancel Certain Application Sites; Opening of
Comment Period

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.

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SUMMARY: EPA is publishing for public comment a June 5, 2009 petition
from World Wildlife Fund (WWF) available in docket number EPA-HQ-OPP-
2009-0684, requesting that the Agency suspend the registration of the
chlorophacinone product, Rozol Prairie Dog Bait (EPA Reg. No. 7173-
286), and cancel certain application sites for the product.

DATES: Comments must be received on or before November 6, 2009.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0684, by one of the following methods:
    • Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
    • Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
    • Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0684. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. 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. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Dan Peacock, Registration Division,
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 305-5407; fax number: (703) 308-0029; e-mail address:
peacock.dan@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
groups; farmers; ranchers; State regulatory partners; other interested
Federal agencies; members of the public interested in the sale,
distribution, or use of pesticides; and other pesticide registrants and
pesticide users.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. 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. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, 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 claimed as CBI. In addition to one
complete version of the comment that includes 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.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

[[Page 51602]]

II. What Action is the Agency Taking?

     EPA is providing an opportunity for public comment on a petition
received from the World Wildlife Fund (WWF) that asks the Agency to
suspend the registration of Rozol Prairie Dog Bait (EPA Reg. No. 7173-
286) and cancel certain application sites for the product. This product
is currently registered for use to control black-tailed prairie dogs
and its active ingredient is the anticoagulant rodenticide chlorophacinone.
     The primary basis for the petition is the potential effect of this
product on non-target species, including certain predators and
scavengers of the black-tailed prairie dog. Specifically, the petition
contends that the poisoning risks to non-target species from the use of
this product are unjustified, given the availability of alternative
products to control black-tailed prairie dogs. Petitioners request EPA
to require the completion of an Avian Reproduction Study before further
product use to control black-tailed prairie dogs is permitted. The
petition also asks EPA to initiate formal consultation, under section 7
of the Endangered Species Act, with the U.S. Fish and Wildlife Service
(FWS) regarding the registration of this product. Third, it requests
that EPA develop a memorandum of understanding with FWS to show how EPA
will promote the conservation of birds protected under the Migratory
Bird Treaty Act. Petitioners ask that EPA suspend the use of Rozol
Prairie Dog Bait while these activities are ongoing and also request
that the application of the product be prohibited in those counties
where black-footed ferrets are present.
     As additional background, EPA is providing a recent letters from
FWS and other interested parties expressing similar concerns about the
potential impact of Rozol Prairie Dog Bait on non-target wildlife
protected under the Endangered Species Act and the Migratory Bird
Treaty Act (available in the public docket accompanying this notice at
EPA-HQ-OPP-2009-0684).
     EPA regulates non-food use pesticides, such as Rozol Prairie Dog
Bait, under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA). Under FIFRA, EPA registers a pesticide if it determines that
the use of the pesticide will not cause ``unreasonable adverse
effects'' to human health or the environment. This standard involves
risk-benefit balancing when risks exist above EPA's level of concern.
Both registration decision under section 3 of FIFRA and cancellation
decisions under section 6 of FIFRA depend on the outcome of adverse
effects determinations. If this adverse effects standard is not
satisfied, EPA may not register the pesticide and existing pesticides
are subject to cancelation. See FIFRA sections 3(c)(5) and 6(b).
     If EPA issues a notice of intent to cancel a pesticide
registration and further determines that a suspension of the
registration prior to the completion of the ensuing cancellation
proceedings is necessary to prevent an imminent hazard, EPA may take
steps to suspend the registration during the pendency of cancellation
proceedings, as described in section 6(c) of FIFRA. FIFRA defines an
``imminent hazard'' as a situation in which the continued use of a
pesticide, during the time required for a cancellation hearing, would
likely cause unreasonable adverse effects or will involve an
unreasonable hazard to the survival of a species listed as threatened
or endangered pursuant to the Endangered Species Act.
     WWF's petition requests both suspension of the registration for
Rozol Prairie Dog Bait and cancellation of certain application sites
for the product. EPA therefore anticipates that its response to the
petition will address its risk-benefit analysis for this pesticide. EPA
conducted such an analysis at the time it registered Rozol Prairie Dog
Bait under section 3 of FIFRA. For this notice, EPA has compiled a list
of topics relevant to EPA's risk-benefit balancing decision for Rozol
Prairie Dog Bait (available in the public docket accompanying this
topic at EPA-HQ-OPP-2009-0684). EPA is providing an opportunity for
public comment and the submission of additional information pertinent
to these topics (if any is available), as such information would
further assist the Agency in responding to the petition.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 24, 2009.
Debra Edwards,
Director, Office of Pesticide Programs.
[FR Doc. E9-23932 Filed 10-6-09; 8:45 am]
BILLING CODE 6560-50-S

 
 

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