[Federal Register: March 18, 2009 (Volume 74, Number 51)]
[Notices]
[Page 11542-11543]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr09-48]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0477; FRL-8400-6]
Caprylic (Octanoic) Acid; Antimicrobial Registration Review Final
Work Plan and Proposed Registration Review Decision; Notice of
Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of EPA's Final Work
Plan and Proposed Registration Review Decision for the pesticide case
Caprylic (Octanoic) Acid, and opens a public comment period on the
proposed registration review decision. Registration review is EPA's
periodic review of pesticide registrations to ensure that each
pesticide continues to satisfy the statutory standard for registration,
that is, that the pesticide can perform its intended function without
unreasonable adverse effects on human health or the environment.
Through this program, EPA is ensuring that each pesticide's
registration is based on current scientific and other knowledge,
including its effects on human health and the environment.
DATES: Comments must be received on or before May 18, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) numbers EPA-HQ-OPP-2008-0477, 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'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 numbers and the
regulatory contacts listed under Table 1 for each of the cases to which
you are submitting a comment. 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 in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
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: For information about the pesticide
included in this document, contact the Chemical Review Manager as
identified in the table in Unit II.
For general questions on the registration review program for
antimicrobial chemicals, contact Diane Isbell, Antimicrobials Division
(7510P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-8154; fax number: (703) 308-8481; e-mail address:
isbell.diane@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, farm worker, 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. 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
[[Page 11543]]
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?
This notice opens a 60-day public comment period on the subject
proposed registration review decision document. The Agency is proposing
a registration review decision for the pesticide case shown in the
following Table.
Table 1: Registration Review Docket - Final Decision
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Regulatory Contact
Registration Review Case Name Pesticide Docket name, Phone
and Number ID Number Number, E-mail
Address
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Case 5028; Caprylic (Octanoic) EPA-HQ-OPP-2008-04 ShaRon Carlisle;
Acid 77 (703) 308-6427;
carlisle.sharon@e
pa.gov
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The docket for registration review of this pesticide case includes
earlier documents related to the registration review of the subject
case. For example, the review opened with the posting of a Summary
Document, containing a Preliminary Work Plan (PWP), for public comment.
Because no comments were received, and because the Agency required no
further risk assessments to complete registration review of these
cases, the Final Work Plan and Proposed Decision were combined into a
single document. The documents in the initial docket described the
Agency's rationale for not conducting new risk assessments for the
registration review of Caprylic (Octanoic) Acid. This proposed
registration review decision now included in the docket continues to be
supported by the rationale included in documents in the initial docket.
Following public comment, the Agency will issue a final registration
review decision for Caprylic (Octanoic) Acid.
The registration review program is being conducted under
congressionally mandated time frames, and EPA recognizes the need both
to make timely decisions and to involve the public. Section 3(g) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as amended
in 1996 required EPA to establish by regulation procedures for
reviewing pesticide registrations, originally with a goal of reviewing
each pesticide's registration every 15 years to ensure that a pesticide
continues to meet the FIFRA standard for registration. The Agency's
final rule to implement this program was issued in August 2006 and
became effective in October 2006 and appears at 40 CFR Part 155.40 et
seq. The Pesticide Registration Improvement Act of 2003 (``PRIA'') was
amended and extended in September 2007. FIFRA as amended by PRIA in
2007 requires EPA to complete registration review decisions by October
1, 2022 for all pesticides registered as of October 1, 2007. The
registration review final rule provides for a minimum 60-day public
comment period for all proposed registration review decisions. This
comment period is intended to provide an opportunity for public input
and a mechanism for initiating any necessary amendments to the proposed
decision(s). All comments should be submitted using the methods in
ADDRESSES, and must be received by EPA on or before the closing date.
These comments will become part of the Agency Docket for Caprylic
(Octanoic) Acid. Comments received after the close of the comment
period will be marked ``late.'' EPA is not required to consider these
late comments. The Agency will carefully consider all comments received
by the closing date and will provide a Response to Comments Memorandum
in the Dockets and www.regulations.gov. The final registration review
decisions will explain the effect that any comments have had on the
decisions.
Background on the registration review program is provided at:
http://www.epa.gov/oppsrrd1/registration_review/. Quick links to
earlier documents related to the registration review of this pesticide
are provided at: http://www.epa.gov/oppsrrd1/registration_review/reg_
review_status.htm/.
B. What is the Agency's Authority for Taking this Action?
FIFRA section 3(g) and 40 CFR Part 155.40 et seq. provide authority
for this action.
List of Subjects
Environmental protection, registration review, pesticides, and
pests, antimicrobials, and caprylic (octanoic) acid.
Dated: February 12, 2009.
Joan Harrigan Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E9-5727 Filed 3-17-09; 8:45 am]
BILLING CODE 6560-50-S