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[Federal Register: April 30, 2010 (Volume 75, Number 83)]
[Notices]               
[Page 22788-22790]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap10-75]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0177; FRL-8815-9]

 
Garlic Oil and Capsaicin; Registration Review Proposed Decisions; 
Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's proposed 
registration review decisions for the pesticides listed in the table in 
Unit II.A. and opens a public comment period on the proposed decisions. 
Registration review is EPA's periodic review of pesticide registrations 
to ensure that each pesticide continues to satisfy the statutory 
standard for registration, that is, that the pesticide can perform its 
intended function without unreasonable adverse effects on human health 
or the environment. Through this program, EPA is ensuring that each 
pesticide's registration is based on current scientific and other 
knowledge, including its effects on human health and the environment.

DATES: Comments must be received on or before June 29, 2010.

ADDRESSES: Submit your comments, identified by the docket 
identification (ID) number for the specific pesticide of interest 
provided in the table in Unit II.A., 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 the docket identification 
(ID) number for the specific pesticide of interest provided in the 
table in Unit II.A. 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

[[Page 22789]]

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: For pesticide specific information, 
contact: The Chemical Review Manager for the pesticide of interest 
identified in the table in Unit II.A.
    For general information on the registration review program, 
contact: Kevin Costello, Pesticide Re-evaluation Division (7508P), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(703) 305-5026; fax number: (703) 308-8090; e-mail address: 
costello.kevin@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; 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 the 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?

    In accordance with 40 CFR 155.58, this notice announces the 
availability of EPA's proposed registration review decisions for the 
pesticides shown in the table in Unit II.A. and opens a 60-day public 
comment period on the proposed decisions.
    Garlic oil is the volatile oil extracted from the bulb of the 
garlic plant or the entire plant. Garlic oil is used as a repellent for 
the control of insects, mites, birds, deer, rabbits and squirrels and 
is registered for use on terrestrial food and feed such as vegetables, 
fruits, nuts, and grains. Garlic oil is also registered for use on 
terrestrial non-food crops such as ornamental plants and shrubs.
    Capsaicin is a naturally occurring polymer that comprises the 
principal active element of chili peppers (genus Capsaicum). Capsaicin 
is used as a fungicide, insect repellent and vertebrate animal 
repellent. Use sites are indoor and outdoor terrestrial uses. 
Applications are residential, commercial and when applied as a 
defensive repellent, circumstantial.

          Table-- Registration Review Proposed Final Decisions
------------------------------------------------------------------------
                                                           Regulatory
                                                             Action
Registration Review Case Name    Pesticide Docket ID    Leader,Telephone
          and Number                    Number           Number, E-mail
                                                             Address
------------------------------------------------------------------------
Garlic Oil (case number 4007)     EPA-HQ-OPP-2009-0113  Cheryl Greene,
                                                         (703) 308-0352,
                                                         greene.cheryl@e
                                                         pa.gov
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[[Page 22790]]

Capsaicin (case number 4018)      EPA-HQ-OPP-2009-0121  Chris Pfeifer,
                                                         (703) 308-0031,
                                                         pfeifer.chris@e
                                                         pa.gov
------------------------------------------------------------------------

    The registration review docket for a pesticide includes earlier 
documents related to the registration review of the case. For example, 
the review opened with the posting of a Summary Document, containing a 
Preliminary Work Plan, for public comment. A Final Work Plan was posted 
to the docket following public comment on the initial docket.
    The documents in the dockets describe EPA's rationales for 
conducting additional risk assessments for the registration review of 
the pesticides included in the table in Unit II.A., as well as the 
Agency's subsequent risk findings. These proposed registration review 
decisions are supported by the rationales included in those documents..
    Following public comment, the Agency will issue final registration 
review decisions for products containing the pesticides listed in the 
table in Unit II.A.
    The registration review program is being conducted under 
Congressionally mandated time frames, and EPA recognizes the need both 
to make timely decisions and to involve the public. Section 3(g) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as 
amended, required EPA to establish, by regulation, procedures for 
reviewing pesticide registrations, originally with a goal of reviewing 
each pesticide's registration every 15 years to ensure that a pesticide 
continues to meet the FIFRA standard for registration. The Agency's 
final rule to implement this program was issued in August 2006 and 
became effective in October 2006, and appears at 40 CFR part 155, 
subpart C. The Pesticide Registration Improvement Act of 2003 (PRIA) 
was amended and extended in September 2007. FIFRA, as amended by PRIA 
in 2007, requires EPA to complete registration review decisions by 
October 1, 2022, for all pesticides registered as of October 1, 2007.
    The registration review final rule at 40 CFR 155.58(a) provides for 
a minimum 60-day public comment period on all proposed registration 
review decisions. This comment period is intended to provide an 
opportunity for public input and a mechanism for initiating any 
necessary amendments to the proposed decision. 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 
docket for the pesticides included in the table in Unit II.A. 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. The final registration review decision will explain the 
effects that any comments had on the decision and provide the Agency's 
response to significant comments.
    Background on the registration review program is provided at: 
http://www.epa.gov/oppsrrd1/registration_review. Links to earlier 
documents related to the registration review of these pesticides are 
provided at: http://www.epa.gov/oppsrrd1/registration_review/reg_review_status.htm.

B. What is the Agency's Authority for Taking this Action?

    Section 3(g) of FIFRA and 40 CFR part 155, subpart C, provide 
authority for this action.

List of Subjects

    Environmental protection, Administrative practice and procedure, 
Pesticides and pests, Garlic oil and Capsaicin.

    Dated: April 22, 2010.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division, 
Office of Pesticide Programs.

[FR Doc. 2010-9985 Filed 4-29-10; 8:45 am]
BILLING CODE 6560-50-S
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