

[Federal Register: September 13, 2006 (Volume 71, Number 177)]
[Notices]               
[Page 54055-54057]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se06-85]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0687; FRL-8091-3]

 
Petition to Amend Certain FIFRA Section 25(b) Pesticide Products; 
Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice identifies a petition filed by the Consumer 
Specialty

[[Page 54056]]

Products Association (CSPA) pertaining to FIFRA section 25(b) pesticide 
products. The petition requests the Agency to modify the minimum risk 
regulations at 40 CFR 152.25(f) for those products that claim to 
control public health pests (as defined in Pesticide Registration (PR) 
Notice 2002-1) and requests that any such product making public health 
claims be subject to EPA registration requirements as a precondition of 
their sale. The Agency has determined that the petition may be of 
regional and national significance.

DATES: Comments must be received on or before November 13, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0687, 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-
2006-0687. 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 Web site 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: Brian Steinwand, Biopesticide and 
Pollution Prevention Division (7511P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-7973; fax 
number: (703) 308-7026; e-mail address: steinwand.brian@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you produce, 
manufacture, distribute, sell or use exempted products that claim to 
control public health pests. Potentially affected entities may include, 
but are not limited to: Registered and unregistered establishments that 
commercialize products that claim to control or mitigate any pests that 
pose a threat to human health.
    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. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in 40 CFR 152.25(f). 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. What is the Basis of the Petition?

    The minimum risk pesticide exemption at 40 CFR 152.25(f) exempts

[[Page 54057]]

from the requirements of FIFRA those products whose only active 
ingredients are among a set of ingredients listed in the exemption, 
provided that, among other things:
    1. The only inert ingredients in the product are those listed in 
the most current List 4A (minimal risk ingredients);
    2. The product does not ``bear claims either to control or mitigate 
microorganisms that pose a threat to human health, including but not 
limited to disease transmitting bacteria or viruses, or claims to 
control insects or rodents carrying specific diseases, including, but 
not limited to ticks that carry Lyme disease''; and
    3. The product does not ``include any false and misleading labeling 
statements, including those listed in 40 CFR 156.10(a)(5)(i) through 
(viii).''
    The petitioner argues that the exemption in 40 CFR 152.25(f) as 
currently written, endangers public health by permitting labeling 
claims for effectiveness against public health pests without requiring 
proof that these exempt pesticides are effective against such pests.

III. What Action is the Agency Taking?

    Through this notice, the Agency is providing notice of the petition 
submitted by CSPA and is asking for public comment. Following the 
review of the petition and any comments received in response to this 
notice, EPA will decide how best to respond to the petition. The 
petition, as well as a summary prepared by the petitioner is available 
on EPA's Electronic Docket at http://www.regulations.gov. To locate 

this information on the homepage of EPA's Electronic Docket, select 
``Quick Search'' and type the OPP docket ID number EPA-HQ-OPP-2006-
0687. Once the search has located the docket, clicking on ``Docket ID'' 
will bring up a list of all documents in the docket related to the 
petition.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: September 1, 2006.
James Jones,
Director, Office of Pesticide Programs.
[FR Doc. E6-15204 Filed 9-12-06; 8:45 am]

BILLING CODE 6560-50-S
