Receipt of Petition Requesting EPA to Classify all Rodenticide Products Containing Strychnine as Restricted Use Pesticides; Opening of Comment Period, 67209-67211 [E9-30155]
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Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Notices
Fluopyram 500 SC. Product Type:
Fungicide. Active Ingredients:
Fluopyram at 11.3% and pyrimethanil
at 33.8%. PC Codes: 080302 and
228201. Proposed Classification: 7 and
9 respectively for fluopyram and
pyrimethanil. Use: Almond; bulb
vegetables; grape; pistachio; pome fruit;
potato and other tuberous and corm
vegetables; small berries; stone fruit,
except cherry; strawberry; and tomato.
2. File Symbol: 264–RNIU. Applicant:
Bayer Crop Science, P.O. Box 12014,
2.T.W. Alexander Drive, Research
Triangle Park, NC 27709. Product Name:
Fluopyram 400 SC. Product Type:
Fungicide. Active Ingredients:
Fluopyram at 17.4% and
prothioconazole at 17.4%. PC Codes:
080302 and 113961. Proposed
Classification: 7 and 3 respectively for
fluopyram and prothioconazole. Uses:
Dried shelled pea and bean subgroup,
except soybean.
3. File Symbol: 264–RNON.
Applicant: Bayer Crop Science, P.O. Box
12014, 2.T.W. Alexander Drive,
Research Triangle Park, NC 27709.
Product Name: Fluopyram 500 SC.
Product Type: Fungicide. Active
Ingredients: Fluopyram at 21.4% and
trifloxystrobin at 21.4%. PC Codes:
080302 and 129112. Proposed
Classification: 7 and 11 respectively for
fluopyram and trifloxystrobin. Uses:
Almond; artichoke (globe); brassica
leafy vegetable (head and stem
subgroup); brassica leafy vegetable
(leafy greens subgroup); carrot; citrus;
cucurbit vegetables; fruiting vegetables;
ginseng; grapes and small vine fruit
(except fuzzy kiwifruit); grasses grown
for seed; herbs and spices (except black
pepper); hops; leafy green vegetables
(except brassica); leafy petiole
vegetables (except brassica); peanut;
pecan; pistachio; pome fruit; potato and
other root and tuberous corm vegetables;
soybean; stone fruit; strawberry;
sugarbeet; tree nuts; and wheat.
4. File Symbol: 264–RNOR. Applicant:
Bayer Crop Science, P.O. Box 12014,
2.T.W. Alexander Drive, Research
Triangle Park, NC 27709. Product Name:
Fluopyram 400 SC. Product Type:
Fungicide. Active Ingredients:
Fluopyram at 17.6% and tebuconazole
at 17.6%. PC Codes: 080302 and
128997. Proposed Classification: 7 and
3 respectively for fluopyram and
tebuconazole. Uses: Almond; barley;
bulb vegetables; corn (sweet corn, field
corn, field corn grown for seed, and
popcorn); cucurbit vegetables; grape;
grasses grown for seed (all grasses
except cereals); hop; leafy brassica
greens; okra; peanut; pecans; pistachio;
pome fruit; soybean; stone fruit;
sunflower; tree nuts; and wheat.
VerDate Nov<24>2008
17:33 Dec 17, 2009
Jkt 220001
5. File Symbol: 264–RNTI. Applicant:
Bayer Crop Science, P.O. Box 12014,
2.T.W. Alexander Drive, Research
Triangle Park, NC 27709. Product Name:
Fluopyram 500 Suspension Concentrate
(SC). Product Type: Fungicide. Active
Ingredient: Fluopyram at 41.5%. PC
Code: 080302. Proposed Classification:
None. Use: Alfalfa, forage; alfalfa, hay;
almond, hulls; apple, wet pomace;
artichoke; banana; beet, sugar, roots;
berry, lowgrowing, subgroup 13-07G;
brassica, head and stem, subgroup 5A;
brassica, leafy greens, subgroup 5B;
bushberries, subgroup 13-07B;
caneberries, subgroup 13-07A; cattle,
fat; cattle, meat; cattle, meat byproducts,
except liver; cattle, liver; citrus, oil;
corn, sweet, kernel plus cob with husk
removed; cotton, gin byproducts; cotton,
undelinted seed; egg; fruit, citrus, group
10; fruit, pome, group 11; fruit, small,
vine, climbing, except fuzzy kiwifruit,
subgroup 13-07F; fruit, stone, group 12;
goat, fat; goat, meat; goat, meat
byproducts, except liver; goat, liver;
grain, cereal, forage, fodder and straw,
group 16, except rice; forage; grain,
cereal, group 15, except rice and sweet
corn; grape; grape, raisin; grass, forage,
fodder and hay, group 17; forage; grass,
forage, fodder and hay, group 17; hay;
hay, straw and stover; herbs, subgroup
19A, fresh; herbs, subgroup 19A, dried;
hop, dried cones; hog, fat; hog, meat;
hog, meat byproducts, except liver; hog,
liver; horse, fat; horse, meat; horse, meat
byproducts, except liver; horse, liver;
milk; nut, tree, group (including
pistachio) 14; oilseed, group 20, except
cotton; okra; onion, bulb, subgroup 307A; onion, green, subgroup 3-07B;
ornamental; peanut; peanut, hay;
pepper, non-bell; poultry, fat; poultry,
meat; poultry, meat byproducts; potato,
processed potato waste; sheep, fat;
sheep, meat; sheep, meat byproducts,
except liver; sheep, liver; soybean,
aspirated fractions; soybean, forage;
soybean, hay; soybean, hulls; soybean,
seed; spices, except black pepper,
subgroup 19B; strawberry; tomato; turf;
vegetable, cucurbit, group 9; vegetable,
foliage of legume, except soybean,
subgroup 7A; vegetable, fruiting, except
non-bell pepper, group 8; vegetable,
leafy, except brassica, group 4;
vegetable, leaves of root and tuber,
group 2; vegetable, legume, edible
podded, subgroup 6A; vegetable,
legume, succulent shelled, subgroup 6B;
vegetable, pea and bean, dried shelled
(except soybean), subgroup 6C;
vegetable, root and tuber, except
sugarbeet, subgroup 1B; vegetable,
tuberous and corm, subgroup 1C; and
vines.
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67209
6. File Symbol: 264–RNTT. Applicant:
Bayer Crop Science, P.O. Box 12014,
2.T.W. Alexander Drive, Research
Triangle Park, NC 27709. Product Name:
Fluopyram Technical. Product Type:
Fungicide. Active Ingredient: Fluopyram
at 98.6%. PC Code: 080302. Proposed
Classification: None. Use:
Manufacturing use only.
7. File Symbol: 432–RUIL. Applicant:
Bayer Environmental Science, P.O. Box
12014, 2.T.W. Alexander Drive,
Research Triangle Park, NC 27709.
Product Name: Fluopyram 500 SC.
Product Type: Fungicide. Active
Ingredient: Fluopyram at 41.5%. PC
Code: 080302. Proposed Classification:
None. Uses: Turf and ornamentals.
List of Subjects
Environmental protection, Pesticides
and pest.
Dated: December 3, 2009.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. E9–30203 Filed 12–17–09; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2009–0815; FRL–8802–3]
Receipt of Petition Requesting EPA to
Classify all Rodenticide Products
Containing Strychnine as Restricted
Use Pesticides; Opening of Comment
Period
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: EPA is publishing for public
comment a July 9, 2009 petition from
the State FIFRA Issues Research and
Evaluation Group (SFIREG), available in
docket number EPA–HQ–OPP–2009–
0815, requesting that the Agency
classify all rodenticide products
containing strychnine as Restricted Use
Pesticides.
DATES: Comments must be received on
or before March 18, 2010.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2009–0815, by
one of the following methods:
• Federal eRulemaking Portal: https://
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.
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67210
Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Notices
• 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–
0815. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
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 email. 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 https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information of which 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 https://
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.),
VerDate Nov<24>2008
17:33 Dec 17, 2009
Jkt 220001
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:
William W. Jacobs, Registration
Division, Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–6406; fax number: (703) 308–
0029; e-mail address:
jacobs.bill@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:
Various environmental groups, farmers,
ranchers, foresters, State regulatory
agencies, other interested Federal
agencies, members of the public
interested in the sale, distribution, or
use of pesticides, registrants of
strychnine alkaloid pesticide products,
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. 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:
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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
What Action is the Agency Taking?
EPA is providing an opportunity for
public comment on a petition received
from the State FIFRA Issues Research
and Evaluation Group that asks the
Agency ‘‘to classify all strychninecontaining rodenticides as Restricted
Use Pesticides (RUPs).’’
EPA regulates pesticides under the
authority of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA). Under FIFRA, EPA registers a
pesticide after determining that the use
of the pesticide will not cause
‘‘unreasonable adverse effects’’ to
human health or the environment. This
standard is a risk-benefit standard that
takes into account social, economic, and
environmental costs and benefits.
Section 3(d)(1)(C) of FIFRA authorizes
EPA to classify a product as a restricted
use pesticide if the Agency finds that
only through such classification could
its use be permitted without
unreasonable adverse effects on the
environment.
Restricted use pesticides may only be
sold to and applied by certified
applicators or persons acting under the
direct supervision of certified
applicators. End-use pesticide products
that are not classified as restricted use
pesticides are considered to be
unclassified. Products registered and
labeled only for use in the manufacture
of other pesticide products are not
subject to requirements pertaining to
classification.
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Through a Federal regulation
promulgated in 1978, (43 FR 5782-5791,
February 9, 1978) ‘‘dry baits, pellets and
powder formulations’’ containing
strychnine compounds are classified as
restricted use pesticides if:
1. The concentration of active
ingredient claimed on the label exceeds
0.5%
2. The label permits applications that
are not ‘‘subsoil,’’ and/or
3. The label includes ‘‘uses calling for
burrow builders.’’ The same rule allows
strychnine end-use ‘‘dry baits, pellets
and powder formulations’’ limited to
‘‘subsoil uses’’ not involving burrowbuilder applications to remain
unclassified. Such products may be
purchased and used by persons who are
neither certified applicators nor
supervised by certified applicators.
In 1983, EPA completed a Special
Review of above-ground uses of
strychnine alkaloid and strychnine
sulfate products. In 1988, a U.S. District
Court in Minnesota issued an injunction
prohibiting the registration of aboveground uses of strychnine products. In
1989, the 1988 decision was reversed in
part on appeal but was upheld on
matters related to the Endangered
Species Act. The injunction against
above-ground uses of pesticides
containing strychnine compounds was
sustained and remains in effect. Also in
1989, EPA and various concerned
parties reached a settlement agreement
pursuant to the Special Review for
strychnine products.
By the early 1990’s, the registrations
of many strychnine alkaloid products
and all strychnine sulfate products had
been canceled. The strychnine alkaloid
products that remained registered at that
time primarily included:
1. Restricted use products labeled for
below-ground applications to control
pocket gophers, including applications
using burrow builders;
2. Unclassified end-use products
labeled for manual below-ground
applications to control pocket gophers;
and
3. Manufacturing-use products.
In 1996, EPA issued a Reregistration
Eligibility Decision (RED) document
pertaining to strychnine. Labels for all
currently registered strychnine products
bear risk mitigation text developed
through the reregistration process. All
but one of the remaining strychnine
products subject to the RED have been
reregistered. All nine of the remaining
unclassified strychnine end-use
products have been reregistered.
Through a petition, SFIREG seeks to
have all strychnine products classified
as restricted use pesticides. Due to the
regulatory exemption afforded to
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17:33 Dec 17, 2009
Jkt 220001
manufacturing use products, the
SFIREG petition would directly affect
only the currently unclassified products
which are labeled for manual, belowground applications to control various
types of pocket gophers.
The petitioner reports that member
States have noted incidents of misuse of
strychnine products, including use to
control ‘‘black-tailed prairie dogs and
other pests not found on the product
labeling.’’ Petitioner states that uses
against prairie dogs typically consist of
‘‘broadcast applications of bait products
on the soil surface’’ and thereby
increase the likelihood of primary and
secondary exposures to non-target
species. Petitioner expresses concern
that sales of unclassified strychnine
products, including ‘‘many products
sold in small packages,’’ make it
difficult for State regulatory agencies to
investigate misuse cases involving
strychnine due to the lack of
recordkeeping requirements for
transactions involving unclassified
products. Petitioner contends that
classifying all strychnine products as
restricted use pesticides would:
1. Provide tighter controls over the
distribution, sale, and use of these
products
2. Improve documentation of sales,
facilitate investigations of misuse cases;
and
3. Better mitigate risk to the
environment.
For this Notice, EPA has posted
petitioner’s request in the public docket
accompanying this topic at EPA–HQ–
OPP–2009–0815. EPA is providing an
opportunity for public comment and
submission of additional information
pertinent to this petition that
commenters would like the Agency to
consider as it develops a response to the
petition. The Agency would find
particularly useful information relating
to misuse of strychnine products,
including misuse by non-certified
applicators and by, or under the direct
supervision of, certified applicators.
Commenters are asked to provide
available information regarding the
products involved, the incidence of
misuse, and the environmental impacts
that have or could reasonably have
resulted from misuse.
List of Subjects
Environmental protection, pesticides,
restricted use, rodenticides, strychnine.
Dated: December 10, 2009.
G. Jeffrey Herndon,
Acting Director, Registration Division, Office
of Pesticide Programs.
[FR Doc. E9–30155 Filed 12–17–09; 8:45 am]
BILLING CODE 6560–50–S
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67211
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2009–0744; FRL–8802–7]
Notice of Receipt of Requests to
Voluntarily Cancel Certain Pesticide
Registrations
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: In accordance with section
6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), as amended, EPA is issuing a
notice of receipt of requests by
registrants to voluntarily cancel certain
pesticide registrations.
DATES: Unless a request is withdrawn by
January 19, 2010 for these registration
for which the registrants have requested
a waiver of the 180–day comment
period, orders will be issued canceling
these registrations. The Agency will
consider withdrawal requests
postmarked no later than January 19,
2010. Comments must be received on or
before January 19, 2010 for these
registrations, where the 180–day
comment period has been waived.
ADDRESSES: Submit your comments and
your withdrawal request, identified by
docket identification (ID) number EPA–
HQ–OPP–2009–0744, by one of the
following methods:
• Federal eRulemaking Portal: https://
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: Written Withdrawal
Request, Attention: Barbara Briscoe,
Pesticide Re-evaluation Division
(7508P).
• 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–
0744. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
www.regulations.gov, including any
personal information provided, unless
E:\FR\FM\18DEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Pages 67209-67211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30155]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0815; FRL-8802-3]
Receipt of Petition Requesting EPA to Classify all Rodenticide
Products Containing Strychnine as Restricted Use Pesticides; Opening of
Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA is publishing for public comment a July 9, 2009 petition
from the State FIFRA Issues Research and Evaluation Group (SFIREG),
available in docket number EPA-HQ-OPP-2009-0815, requesting that the
Agency classify all rodenticide products containing strychnine as
Restricted Use Pesticides.
DATES: Comments must be received on or before March 18, 2010.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0815, by one of the following methods:
Federal eRulemaking Portal: https://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.
[[Page 67210]]
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-
2009-0815. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
https://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 https://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information of which 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 https://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: William W. Jacobs, Registration
Division, Office of Pesticide Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001;
telephone number: (703) 305-6406; fax number: (703) 308-0029; e-mail
address: jacobs.bill@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: Various
environmental groups, farmers, ranchers, foresters, State regulatory
agencies, other interested Federal agencies, members of the public
interested in the sale, distribution, or use of pesticides, registrants
of strychnine alkaloid pesticide products, 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. 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
What Action is the Agency Taking?
EPA is providing an opportunity for public comment on a petition
received from the State FIFRA Issues Research and Evaluation Group that
asks the Agency ``to classify all strychnine-containing rodenticides as
Restricted Use Pesticides (RUPs).''
EPA regulates pesticides under the authority of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). Under FIFRA, EPA
registers a pesticide after determining that the use of the pesticide
will not cause ``unreasonable adverse effects'' to human health or the
environment. This standard is a risk-benefit standard that takes into
account social, economic, and environmental costs and benefits. Section
3(d)(1)(C) of FIFRA authorizes EPA to classify a product as a
restricted use pesticide if the Agency finds that only through such
classification could its use be permitted without unreasonable adverse
effects on the environment.
Restricted use pesticides may only be sold to and applied by
certified applicators or persons acting under the direct supervision of
certified applicators. End-use pesticide products that are not
classified as restricted use pesticides are considered to be
unclassified. Products registered and labeled only for use in the
manufacture of other pesticide products are not subject to requirements
pertaining to classification.
[[Page 67211]]
Through a Federal regulation promulgated in 1978, (43 FR 5782-5791,
February 9, 1978) ``dry baits, pellets and powder formulations''
containing strychnine compounds are classified as restricted use
pesticides if:
1. The concentration of active ingredient claimed on the label
exceeds 0.5%
2. The label permits applications that are not ``subsoil,'' and/or
3. The label includes ``uses calling for burrow builders.'' The
same rule allows strychnine end-use ``dry baits, pellets and powder
formulations'' limited to ``subsoil uses'' not involving burrow-builder
applications to remain unclassified. Such products may be purchased and
used by persons who are neither certified applicators nor supervised by
certified applicators.
In 1983, EPA completed a Special Review of above-ground uses of
strychnine alkaloid and strychnine sulfate products. In 1988, a U.S.
District Court in Minnesota issued an injunction prohibiting the
registration of above-ground uses of strychnine products. In 1989, the
1988 decision was reversed in part on appeal but was upheld on matters
related to the Endangered Species Act. The injunction against above-
ground uses of pesticides containing strychnine compounds was sustained
and remains in effect. Also in 1989, EPA and various concerned parties
reached a settlement agreement pursuant to the Special Review for
strychnine products.
By the early 1990's, the registrations of many strychnine alkaloid
products and all strychnine sulfate products had been canceled. The
strychnine alkaloid products that remained registered at that time
primarily included:
1. Restricted use products labeled for below-ground applications to
control pocket gophers, including applications using burrow builders;
2. Unclassified end-use products labeled for manual below-ground
applications to control pocket gophers; and
3. Manufacturing-use products.
In 1996, EPA issued a Reregistration Eligibility Decision (RED)
document pertaining to strychnine. Labels for all currently registered
strychnine products bear risk mitigation text developed through the
reregistration process. All but one of the remaining strychnine
products subject to the RED have been reregistered. All nine of the
remaining unclassified strychnine end-use products have been
reregistered.
Through a petition, SFIREG seeks to have all strychnine products
classified as restricted use pesticides. Due to the regulatory
exemption afforded to manufacturing use products, the SFIREG petition
would directly affect only the currently unclassified products which
are labeled for manual, below-ground applications to control various
types of pocket gophers.
The petitioner reports that member States have noted incidents of
misuse of strychnine products, including use to control ``black-tailed
prairie dogs and other pests not found on the product labeling.''
Petitioner states that uses against prairie dogs typically consist of
``broadcast applications of bait products on the soil surface'' and
thereby increase the likelihood of primary and secondary exposures to
non-target species. Petitioner expresses concern that sales of
unclassified strychnine products, including ``many products sold in
small packages,'' make it difficult for State regulatory agencies to
investigate misuse cases involving strychnine due to the lack of
recordkeeping requirements for transactions involving unclassified
products. Petitioner contends that classifying all strychnine products
as restricted use pesticides would:
1. Provide tighter controls over the distribution, sale, and use of
these products
2. Improve documentation of sales, facilitate investigations of
misuse cases; and
3. Better mitigate risk to the environment.
For this Notice, EPA has posted petitioner's request in the public
docket accompanying this topic at EPA-HQ-OPP-2009-0815. EPA is
providing an opportunity for public comment and submission of
additional information pertinent to this petition that commenters would
like the Agency to consider as it develops a response to the petition.
The Agency would find particularly useful information relating to
misuse of strychnine products, including misuse by non-certified
applicators and by, or under the direct supervision of, certified
applicators. Commenters are asked to provide available information
regarding the products involved, the incidence of misuse, and the
environmental impacts that have or could reasonably have resulted from
misuse.
List of Subjects
Environmental protection, pesticides, restricted use, rodenticides,
strychnine.
Dated: December 10, 2009.
G. Jeffrey Herndon,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E9-30155 Filed 12-17-09; 8:45 am]
BILLING CODE 6560-50-S
