[Federal Register Volume 73, Number 39 (Wednesday, February 27, 2008)]
[Notices]
[Pages 10433-10434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3690]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0385; FRL-8350-4]


Permethrin; Amended Reregistration Eligibility Decision; Notice 
of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's intention to modify certain risk 
mitigation measures that were imposed as a result of the 2006 
Reregistration Eligibility Decision (RED) for the pesticide permethrin. 
EPA conducted this reassessment of the permethrin RED in response to 
public comments received. In response to the commentors and continuing 
efforts to mitigate risk, the Agency has made several modifications to 
the permethrin RED label requirements including: Clarification of 
application rates to mushroom houses; revised droplet sizes for wide 
area mosquito abatement products; and mandatory label statements for 
canine spot-on products, pre-construction termiticide applications, and 
spray drift language for agricultural products. Additionally, the 
Agency has revised the data requirements and added a statement to 
Section IV of the RED to address concerns regarding the residential use 
of outdoor pesticide misting systems.

FOR FURTHER INFORMATION CONTACT: Eric Miederhoff, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 347-8028; fax 
number: (703) 308-7070; e-mail address: [email protected].

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 Access this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under 
docket identification (ID) number EPA-HQ-OPP-2004-0385. 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 Office of Pesticide Programs (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.
    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.

II. Background

What Action is the Agency Taking?

    Under section 4 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to 
ensure that they meet current scientific and regulatory standards. In 
2006, EPA issued a RED for permethrin under section 4(g)(2)(A) of 
FIFRA. In response to a notice of availability published in the Federal 
Register on June 28, 2006 (71 FR 36788) (FRL-8074-5), the Agency 
received substantive comments from the technical registrant and other 
commentors. The Agency's response to these comments is available for 
viewing in the public docket. The amended permethrin RED reflects 
changes resulting from these comments as well as subsequent efforts by 
the Agency to mitigate overall risk.

III. What Does this Amendment Do?

    The amended permethrin RED reflects revisions resulting from Agency 
consideration of public comments to the RED and efforts to develop 
standardized label language for certain applications. The label table 
incorporated into the permethrin RED amendment includes modifications 
which provide mandatory label language for canine spot-on

[[Page 10434]]

products, pre-construction termiticide applications, and spray drift 
language for agricultural products; clarification of application rates 
to mushroom houses; and revised droplet sizes for wide area mosquito 
abatement products.
    In addition, to address concerns regarding the residential use of 
outdoor pesticide misting systems, the following statement has been 
added to the permethrin RED: ``The Agency has developed an Outdoor 
Residential Misting System web-based fact sheet page designed to help 
consumers decide if these systems are appropriate for their home, 
understand safety precautions about using outdoor misting systems, find 
related information on Integrated Pest Management, and understand the 
role of the US EPA and state agencies in regulating misters.''
     Also, the permethrin RED has been amended to reflect the Agency's 
determination that efficacy data is required for the following product 
groups which claim to target public health pests: Outdoor residential 
misting systems, permethrin impregnated clothing products, and 
permethrin products used on domestic animals. The generic data call-in 
requirements have also been revised to exclude the following 
confirmatory studies which the Agency has determined are not required: 
Whole sediment acute toxicity for freshwater and estuarine/marine 
invertebrates, directions for use, and enforcement analytical method 
for animals.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 20, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E8-3690 Filed 2-26-08; 8:45 a.m.]
BILLING CODE 6560-50-S