[Federal Register: December 27, 2006 (Volume 71, Number 248)]
[Notices]               
[Page 77745-77747]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de06-53]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0986; FRL-8109-5]

 
The Allethrins Risk Assessments; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's risk 
assessments, and related documents for the allethrin series of 
pesticides (bioallethrin, esbiol, esbiothrin, and pynamin forte), and 
opens a public comment period on these documents. The public is 
encouraged to suggest risk management ideas or proposals to address the 
risks identified. EPA is developing a Reregistration Eligibility 
Decision (RED) for the allethrins through a modified, 4-Phase public 
participation process that the Agency uses to involve the public in 
developing pesticide reregistration and tolerance reassessment 
decisions. Through these programs, EPA is ensuring that all pesticides 
meet current health and safety standards.

DATES: Comments must be received on or before February 26, 2007.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0986, 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 
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only 
accepted during the Docket'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 telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0986. 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 Federal 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. 
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 
Building), 2777 S. Crystal Drive, 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 telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Molly Clayton, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 603-0522; fax 
number: (703) 308-7070; e-mail address: clayton.molly@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, human 
health, and

[[Page 77746]]

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. 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.

II. Background

A. What Action is the Agency Taking?

    EPA is releasing for public comment its human health and 
environmental fate and effects risk assessments and related documents 
for the allethrin series of pesticides (bioallethrin, esbiol, 
esbiothrin, and pynamin forte), and is soliciting public comment on 
risk management ideas or proposals. The allethrins are synthetic 
pyrethroids used as insecticides on both indoor (residential and 
commercial) and outdoor (residential, commercial, and recreational) use 
sites. EPA developed the risk assessments and risk characterization for 
the allethrins through a modified version of its public process for 
making pesticide reregistration eligibility and tolerance reassessment 
decisions. Through these programs, EPA is ensuring that pesticides meet 
current standards under the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act 
(FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
    The human health risk assessment accompanying this notice 
considered a pending new use for the allethrins in food handling 
establishments. This pending use, and the risks associated with it, are 
not subject to reregistration at this time and will not be included in 
the reregistration eligibility decision for the allethrins.
    Allethrins are used to control flying and crawling insects in a 
number of commercial, horticultural and residential applications. 
Commercial applications include space, broadcast and crack and crevice 
treatment in a variety of commercial, industrial, residential, and 
institutional sites. Horticultural applications include foliar and 
fogger treatment on non-food plants. Residential uses include pest 
control in homes and outdoor domestic structures, on gardens and direct 
application to cats, dogs and horses.
    EPA is providing an opportunity, through this notice, for 
interested parties to provide comments and input on the Agency's risk 
assessments for the allethrins. Such comments and input could address, 
for example, the availability of additional data to further refine the 
risk assessments, such as half-life data, nature of residue data, etc., 
or could address the Agency's risk assessment methodologies and 
assumptions as applied to this specific pesticide.
    Through this notice, EPA also is providing an opportunity for 
interested parties to provide risk management proposals or otherwise 
comment on risk management for the allethrins. Risks of concern 
associated with the use of the allethrins include the following: 
incidental oral exposures from residential surface sprays and pet 
treatments, and post-application inhalation exposures from residential 
space sprays and outdoor fogger applications. In targeting these risks 
of concern, the Agency solicits information on effective and practical 
risk reduction measures.
    EPA seeks to achieve environmental justice, the fair treatment and 
meaningful involvement of all people, regardless of race, color, 
national origin, or income, in the development, implementation, and 
enforcement of environmental laws, regulations, and policies. To help 
address potential environmental justice issues, the Agency seeks 
information on any groups or segments of the population who, as a 
result of their location, cultural practices, or other factors, may 
have atypical, unusually high exposure to the allethrins, compared to 
the general population.
    EPA is applying the principles of public participation to all 
pesticides undergoing reregistration and tolerance reassessment. The 
Agency's Pesticide Tolerance Reassessment and Reregistration; Public 
Participation Process, published in the Federal Register on May 14, 
2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these 
programs, the Agency is tailoring its public participation process to 
be commensurate with the level of risk, extent of use, complexity of 
the issues, and degree of public concern associated with each 
pesticide. For the allethrins, a modified, 4-Phase process with 1 
comment period and ample opportunity for public consultation seems 
appropriate in view of its limited use and few complex issues. However, 
if as a result of comments received during this comment period EPA 
finds that additional issues warranting further discussion are raised, 
the Agency may lengthen the process and include a second comment 
period, as needed.
    All comments should be submitted using the methods in ADDRESSES, 
and must be received by EPA on or before the closing date. Comments 
will become part of the Agency Docket for the allethrins. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission 
of all data

[[Page 77747]]

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, Pesticides and pests, Allethrins.


    Dated: December 19, 2006.
 Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E6-22124 Filed 12-26-06; 8:45 am]

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