
[Federal Register: November 4, 2009 (Volume 74, Number 212)]
[Notices]               
[Page 57168-57170]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no09-66]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0825; FRL-8797-4]

 
Petition to Protect Children from Pesticide Drift; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On October 13, 2009, EPA received a petition from Earthjustice 
and Farmworker Justice, on behalf of several other organizations, 
requesting that the Agency systematically evaluate children's exposures 
to pesticide drift and require interim prohibitions on the use of 
certain pesticides near homes, schools, and other places where children 
congregate. With this notice, the Agency is soliciting comments on the 
petition. In a separate notice published elsewhere in this issue of the 
Federal Register, the Agency is soliciting comments on a draft 
Pesticide Registration (PR) notice providing guidance on pesticide 
drift labeling (see www.regulations.gov, docket identification number 
EPA-HQ-OPP-2009-0628).

DATES: Comments must be received on or before January 4, 2010.

ADDRESSES: Submit your comments identified by the docket identification 
(ID) number EPA-HQ-OPP-2009-0825, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.

[[Page 57169]]

     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 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 the docket ID number EPA-HQ-
OPP-2009-0825. 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 at http://www.regulations.gov. 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: Jill Bloom, Chemical Review Manager, 
Pesticide Re-evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8019; fax 
number: (703) 308-7070; e-mail address: bloom.jill@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 chemical review manager 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.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low income populations, 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 or disproportionately high and adverse human 
health impacts or environmental effects due to pesticide drift, 
compared to the general population.

II. Background

    The October 13, 2009 petition can be found in the docket for this 
notice. In summary, the petition asserts that the Agency does not 
adequately consider the exposures of children to pesticide drift, 
especially children who live in agricultural areas. The petitioners are 
asking that the Agency assess pesticide-specific exposures from drift 
to children in homes, schools, and other areas in which children 
congregate; determine if such exposures pose excessive risks; and 
implement measures to reduce any such risks. The petitioners further 
request that the Agency immediately adopt specific interim restrictions 
on certain pesticides used near areas where children congregate. Apart 
from the petition, the Agency is engaged in a number of activities to 
address pesticide drift, including the development of a PR

[[Page 57170]]

Notice with guidance on labeling to reduce exposures, including 
exposures to children. The Agency's activities to address drift are 
described in more detail in the document ``Draft PR Notice 2009-X: 
Additional Information and Questions for Commenters'' (available at 
www.regulations.gov, docket identification number EPA-HQ-OPP-2009-
0628).

III. Process

 A. What Action is the Agency Taking?

    The Agency is soliciting public comment on the petition and opening 
a docket for the collection of these comments. The Agency will consider 
comments received during the public comment period when formulating its 
response to the petition.

B. Information Submission Requirements

    Anyone may submit comments in response to the petition, and the 
docket for comments on the petition will remain publicly accessible 
through the decision-making process. To be considered by the Agency, 
the submitted comments must meet the following requirements:
     Interested persons must submit their comments during the 
comment period. The Agency may, at its discretion, consider comments 
submitted at a later date.
     The comments must be presented in a legible and useable 
form. For example, an English translation must accompany any material 
that is not in English and a written transcript must accompany any 
information submitted as an audiographic or videographic record. 
Written material may be submitted in paper or electronic form.
     Submitters must clearly identify the source of any 
submitted data or information included in their comments.
     Submitters may request the Agency to reconsider data or 
information that the Agency rejected previously. However, submitters 
must explain why they believe the Agency should reconsider such data or 
information.

List of Subjects

    Environmental protection, Environmental Justice, Pesticides and 
pests, Spray drift, Earthjustice, Farmworker Justice.

    Dated: October 27, 2009.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.

[FR Doc. E9-26595 Filed 11-3-09; 8:45 am]

BILLING CODE 6560-50-S
