[Federal Register Volume 74, Number 193 (Wednesday, October 7, 2009)]
[Notices]
[Pages 51601-51602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23932]



[[Page 51601]]

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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: 
[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 
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]
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