Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 51601 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0684; FRL–8436–1] 

Receipt of Petition Requesting EPA to 

Suspend the Registration of Rozol 

Prairie Dog Bait and Cancel Certain 

Application Sites; Opening of 

Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA is publishing for public 

comment a June 5, 2009 petition from 

World Wildlife Fund (WWF) available 

in docket number EPA–HQ–OPP–2009– 

0684, requesting that the Agency 

suspend the registration of the 

chlorophacinone product, Rozol Prairie 

Dog Bait (EPA Reg. No. 7173–286), and 

cancel certain application sites for the 

product. 

DATES: Comments must be received on 

or before November 6, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0684, 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 

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– 

0684. 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 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 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: Dan 

Peacock, Registration Division, Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 305– 

5407; fax number: (703) 308–0029; email address: peacock.dan@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 groups; farmers; 

ranchers; State regulatory partners; 

other interested Federal agencies; 

members of the public interested in the 

sale, distribution, or use of pesticides; 

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. 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. 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. 


erowe on DSK5CLS3C1PROD with NOTICES
51602 Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices 

II. What Action is the Agency Taking? 

EPA is providing an opportunity for 

public comment on a petition received 

from the World Wildlife Fund (WWF) 

that asks the Agency to suspend the 

registration of Rozol Prairie Dog Bait 

(EPA Reg. No. 7173–286) and cancel 

certain application sites for the product. 

This product is currently registered for 

use to control black-tailed prairie dogs 

and its active ingredient is the 

anticoagulant rodenticide 

chlorophacinone. 

The primary basis for the petition is 

the potential effect of this product on 

non-target species, including certain 

predators and scavengers of the blacktailed prairie dog. Specifically, the 

petition contends that the poisoning 

risks to non-target species from the use 

of this product are unjustified, given the 

availability of alternative products to 

control black-tailed prairie dogs. 

Petitioners request EPA to require the 

completion of an Avian Reproduction 

Study before further product use to 

control black-tailed prairie dogs is 

permitted. The petition also asks EPA to 

initiate formal consultation, under 

section 7 of the Endangered Species Act, 

with the U.S. Fish and Wildlife Service 

(FWS) regarding the registration of this 

product. Third, it requests that EPA 

develop a memorandum of 

understanding with FWS to show how 

EPA will promote the conservation of 

birds protected under the Migratory 

Bird Treaty Act. Petitioners ask that 

EPA suspend the use of Rozol Prairie 

Dog Bait while these activities are 

ongoing and also request that the 

application of the product be prohibited 

in those counties where black-footed 

ferrets are present. 

As additional background, EPA is 

providing a recent letters from FWS and 

other interested parties expressing 

similar concerns about the potential 

impact of Rozol Prairie Dog Bait on nontarget wildlife protected under the 

Endangered Species Act and the 

Migratory Bird Treaty Act (available in 

the public docket accompanying this 

notice at EPA–HQ–OPP–2009–0684). 

EPA regulates non-food use 

pesticides, such as Rozol Prairie Dog 

Bait, under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA). Under FIFRA, EPA registers a 

pesticide if it determines that the use of 

the pesticide will not cause 

‘‘unreasonable adverse effects’’ to 

human health or the environment. This 

standard involves risk-benefit balancing 

when risks exist above EPA’s level of 

concern. Both registration decision 

under section 3 of FIFRA and 

cancellation decisions under section 6 

of FIFRA depend on the outcome of 

adverse effects determinations. If this 

adverse effects standard is not satisfied, 

EPA may not register the pesticide and 

existing pesticides are subject to 

cancelation. See FIFRA sections 3(c)(5) 

and 6(b). 

If EPA issues a notice of intent to 

cancel a pesticide registration and 

further determines that a suspension of 

the registration prior to the completion 

of the ensuing cancellation proceedings 

is necessary to prevent an imminent 

hazard, EPA may take steps to suspend 

the registration during the pendency of 

cancellation proceedings, as described 

in section 6(c) of FIFRA. FIFRA defines 

an ‘‘imminent hazard’’ as a situation in 

which the continued use of a pesticide, 

during the time required for a 

cancellation hearing, would likely cause 

unreasonable adverse effects or will 

involve an unreasonable hazard to the 

survival of a species listed as threatened 

or endangered pursuant to the 

Endangered Species Act. 

WWF’s petition requests both 

suspension of the registration for Rozol 

Prairie Dog Bait and cancellation of 

certain application sites for the product. 

EPA therefore anticipates that its 

response to the petition will address its 

risk-benefit analysis for this pesticide. 

EPA conducted such an analysis at the 

time it registered Rozol Prairie Dog Bait 

under section 3 of FIFRA. For this 

notice, EPA has compiled a list of topics 

relevant to EPA’s risk-benefit balancing 

decision for Rozol Prairie Dog Bait 

(available in the public docket 

accompanying this topic at EPA–HQ– 

OPP–2009–0684). EPA is providing an 

opportunity for public comment and the 

submission of additional information 

pertinent to these topics (if any is 

available), as such information would 

further assist the Agency in responding 

to the petition. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: September 24, 2009. 

Debra Edwards, 

Director, Office of Pesticide Programs. 

[FR Doc. E9–23932 Filed 10–6–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8967–3] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed consent 

decree; request for public comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘Act’’), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed consent 

decree, to address a lawsuit filed by 

Sierra Club in the United States District 

Court for the District of Columbia: 

Sierra Club v. Jackson, No. 1:09–cv– 

01028–CKK (D.D.C). Plaintiff filed a 

deadline suit to compel the 

Administrator to respond to an 

administrative petition seeking EPA’s 

objection to a CAA Title V operating 

permit issued by the Kentucky 

Department for Environmental 

Protection, Division for Air Quality to 

the East Kentucky Power Cooperative 

William C. Dale Power Station. Under 

the terms of the proposed consent 

decree, EPA has agreed to respond to 

the petition by December 15, 2009. 

DATES: Written comments on the 

proposed consent decree must be 

received by November 6, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2009–0763, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; mailed to EPA 

Docket Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; or by 

hand delivery or courier to EPA Docket 

Center, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC, between 8:30 a.m. and 4:30 p.m. 

Monday through Friday, excluding legal 

holidays. Comments on a disk or CD– 

ROM should be formatted in Word or 

ASCII file, avoiding the use of special 

characters and any form of encryption, 

and may be mailed to the mailing 

address above. 

FOR FURTHER INFORMATION CONTACT: 

Mark Kataoka, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–5584; fax number: (202) 564–5603; 

e-mail address: kataoka.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

This proposed consent decree would 

resolve a lawsuit alleging that the 

Administrator failed to perform a 

nondiscretionary duty to grant or deny, 

within 60 days of submission, an 

administrative petition to object to a 

CAA Title V permit issued by the 

Kentucky Department for 


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