

[Federal Register: December 29, 2006 (Volume 71, Number 250)]
[Notices]               
[Page 78430-78432]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de06-71]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0694; FRL-8108-2]

 
n-Alkyl Dimethyl Benzyl Ammonium Chloride and Didecyl Dimethyl 
Ammonium Chloride Reregistration Eligibility Decisions; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Reregistration 
Eligibility Decisions (REDs) for the pesticides n-Alkyl Dimethyl Benzyl 
Ammonium Chloride (ADBAC) and Didecyl Dimethyl Ammonium Chloride (DDAC) 
and opens a public comment period on these documents. The Agency's risk 
assessments and other related documents also are available in the ADBAC 
and DDAC Dockets. ADBAC is an antimicrobial used in agricultural, food 
handling, commercial, institutional, industrial, residential and public 
access, medical settings and may be applied as a wood preservative. 
DDAC is an antimicrobial used in indoor and outdoor hard surfaces, 
eating utensils, laundry, carpets, agricultural tools and vehicles, egg 
shells, shoes, milking equipment and udders, humidifiers, medical 
instruments, human remains, ultrasonic tanks, reverse osmosis units, 
water storage tanks and may be applied as a wood preservative. EPA has 
reviewed ADBAC and DDAC through the 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 27, 2007.

ADDRESSES: Submit your comments, identified by docket identification ID 
number, by one of the following methods: for ADBAC docket 
identification ID number EPA-HQ- OPP-2006-0339; for DDAC docket 
identification (ID) number EPA-HQ- OPP-2006-0338.
     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 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 the following docket 
identification numbers (ID): For ADBAC docket ID number EPA-HQ- OPP-
2006-0339; and for DDAC docket ID number EPA-HQ- OPP-2006-0338. 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-

[[Page 78431]]

4400, One Potomac Yard (South Bldg.), 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: For ADBAC, contact Jacqueline 
Campbell-McFarlane, Antimicrobials Division (7510P), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-6416; 
fax number: (703) 308-8481; e-mail address: 
campbell-mcfarlane.jacqueline@epa.gov.

    For DDAC, contact Tracy Lantz, Antimicrobials Division (7510P), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(703) 308-6415; fax number: (703) 308-8481; e-mail address: 
lantz.tracy@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 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?

    Under section 4 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to 
ensure that they meet current scientific and regulatory standards. EPA 
has completed Reregistration Eligibility Decisions (REDs) for the 
pesticides, ADBAC and DDAC under section 4(g)(2)(A) of FIFRA. ADBAC is 
an antimicrobial used in agricultural, food handling, commercial/ 
institutional/ industrial, residential and public access, medical 
settings and may be applied as a wood preservative. DDAC is an 
antimicrobial used in indoor and outdoor hard surfaces, eating 
utensils, laundry, carpets, agricultural tools and vehicles, egg 
shells, shoes, milking equipment and udders, humidifiers, medical 
instruments, human remains, ultrasonic tanks, reverse osmosis units, 
water storage tanks and may be applied as a wood preservative.
    EPA has determined that the data base to support reregistration is 
substantially complete and that products containing ADBAC and DDAC are 
eligible for reregistration, provided the risks are mitigated either in 
the manner described in the RED or by another means that achieves 
equivalent risk reduction. Upon submission of any required product 
specific data under section 4(g)(2)(B) and any necessary changes to the 
registration and labeling (either to address concerns identified in the 
RED or as a result of product specific data), EPA will make a final 
reregistration decision under section 4(g)(2)(C) for products 
containing ADBAC and DDAC.
    EPA must review tolerances and tolerance exemptions that were in 
effect when the Food Quality Protection Act (FQPA) was enacted in 
August 1996, to ensure that these existing pesticide residue limits for 
food and feed commodities meet the safety standard established by the 
new law. Tolerances are considered reassessed once the safety finding 
has been made or a revocation occurs. EPA has reviewed and made the 
requisite safety finding for the ADBAC and DDAC tolerances included in 
this notice.
    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, EPA is tailoring its public participation process to be 
commensurate with the level of risk, extent of use, complexity of 
issues, and degree of public concern associated with each pesticide. 
Due to its uses, risks, and other factors, ADBAC and DDAC were reviewed 
through the modified 4-Phase process. Through this process, EPA worked 
extensively with stakeholders and the public to reach the regulatory 
decisions for ADBAC and DDAC.
    The reregistration program is being conducted under Congressionally 
mandated time frames, and EPA recognizes the need both to make timely 
decisions and to involve the public. The Agency is issuing the ADBAC 
and DDAC REDs for public comment. This comment period is intended to 
provide an additional opportunity for public input and a mechanism for 
initiating any necessary amendments to the RED. 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 ADBAC and DDAC. 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 
Docket

[[Page 78432]]

and regulations.gov. If any comment significantly affects the document, 
EPA also will publish an amendment to the RED in the Federal Register. 
In the absence of substantive comments requiring changes, the ADBAC and 
DDAC REDs will be implemented as it is now presented.

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 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.''
    Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for 
pesticide residues in effect as of August 2, 1996, to determine whether 
the tolerance or exemption meets the requirements of section 408(b)(2) 
or (c)(2) of FFDCA. This review was completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests, Alkyl Dimethyl 
Benzyl Ammonium Chloride (ADBAC), Didecyl Dimethyl Ammonium Chloride 
(DDAC).

    Dated: December 18, 2006.
Betty Shackleford,
Acting Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E6-22303 Filed 12-28-06; 8:45 am]

BILLING CODE 6560-50-S
