Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 11543 

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? 

This notice opens a 60–day public 

comment period on the subject 

proposed registration review decision 

document. The Agency is proposing a 

registration review decision for the 

pesticide case shown in the following 

Table. 

TABLE 1: REGISTRATION REVIEW DOCKET - FINAL DECISION

Registration Review Case Name and Number Pesticide Docket ID Number Regulatory Contact name, Phone Number, Email Address 

Case 5028; Caprylic (Octanoic) Acid EPA–HQ–OPP–2008–0477 ShaRon Carlisle; (703) 308–6427; carlisle.sharon@epa.gov 

The docket for registration review of 

this pesticide case includes earlier 

documents related to the registration 

review of the subject case. For example, 

the review opened with the posting of 

a Summary Document, containing a 

Preliminary Work Plan (PWP), for 

public comment. Because no comments 

were received, and because the Agency 

required no further risk assessments to 

complete registration review of these 

cases, the Final Work Plan and 

Proposed Decision were combined into 

a single document. The documents in 

the initial docket described the 

Agency’s rationale for not conducting 

new risk assessments for the registration 

review of Caprylic (Octanoic) Acid. This 

proposed registration review decision 

now included in the docket continues to 

be supported by the rationale included 

in documents in the initial docket. 

Following public comment, the Agency 

will issue a final registration review 

decision for Caprylic (Octanoic) Acid. 

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 in 1996 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 155.40 et seq. 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 provides for a minimum 60– 

day public comment period for 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(s). 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 Caprylic (Octanoic) 

Acid. 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 Dockets and 

www.regulations.gov. The final 

registration review decisions will 

explain the effect that any comments 

have had on the decisions. 

Background on the registration review 

program is provided at: http:// 

www.epa.gov/oppsrrd1/ 

registration_review/. Quick links to 

earlier documents related to the 

registration review of this pesticide 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? 

FIFRA section 3(g) and 40 CFR Part 

155.40 et seq. provide authority for this 

action. 

List of Subjects 

Environmental protection, registration 

review, pesticides, and pests, 

antimicrobials, and caprylic (octanoic) 

acid. 

Dated: February 12, 2009. 

Joan Harrigan Farrelly, 

Director, Antimicrobials Division, Office of 

Pesticide Programs. 

[FR Doc. E9–5727 Filed 3–17–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0169; FRL–8405–8] 

Bromine; Inorganic Halides; Bromine 

Chloride Registration Review; 

Antimicrobial Pesticide Dockets 

Opened for Review and Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has established 

registration review dockets for the 

pesticides listed in the table in Unit 

III.A. With this document, EPA is 

opening the public comment period for 

these registration reviews. 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, the pesticide can perform its 

intended function without unreasonable 

adverse effects on human health or the 


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11544 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 

environment. Registration review 

dockets contain information that will 

assist the public in understanding the 

types of information and issues that the 

Agency may consider during the course 

of registration reviews. 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 16, 2009. 

ADDRESSES: Submit your comments 

identified by the docket identification 

(ID) number for the specific pesticide of 

interest provided in the table in Unit 

III.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 ID numbers listed in the table 

in Unit III.A. for the pesticides you are 

commenting on. 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: For 

pesticide specific information contact: 

The Chemical Review Manager 

identified in the table in Unit III.A. for 

the pesticide of interest. 

For general information on 

antimicrobial chemicals contact: Diane 

Isbell, Antimicrobials Division (7510P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308-8154; fax number: (703) 308– 

8090; e-mail address: isbell.diane 

@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, 

farmworker, 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. 

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 


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Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 11545 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticide(s) 

discussed in this document, compared 

to the general population. 

II. Authority 

EPA is initiating its reviews of the 

pesticides identified in this document 

pursuant to section 3(g) of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) and the Procedural 

Regulations for Registration Review at 

40 CFR part 155, subpart C. Section 3(g) 

of FIFRA provides, among other things, 

that the registrations of pesticides are to 

be reviewed every 15 years. Under 

FIFRA section 3(a), a pesticide product 

may be registered or remain registered 

only if it meets the statutory standard 

for registration given in FIFRA section 

3(c)(5). When used in accordance with 

widespread and commonly recognized 

practice, the pesticide product must 

perform its intended function without 

unreasonable adverse effects on the 

environment; that is, without any 

unreasonable risk to man or the 

environment, or a human dietary risk 

from residues that result from the use of 

a pesticide in or on food. 

III. Registration Reviews 

A. What Action is the Agency Taking? 

As directed by FIFRA section 3(g), 

EPA is reviewing the pesticide 

registrations identified in the table in 

this unit to assure that they continue to 

satisfy the FIFRA standard for 

registration—that is, they can still be 

used without unreasonable adverse 

effects on human health or the 

environment. A pesticide’s registration 

review begins when the Agency 

establishes a docket for the pesticide’s 

registration review case and opens the 

docket for public review and comment. 

At present, EPA is opening registration 

review dockets for the cases identified 

in the following table. 

TABLE—REGISTRATION REVIEW DOCKETS OPENING

Registration Review Case Name and Number Docket ID Number Chemical Review Manager, Telephone Number, E-mail Address 

Bromine, 4015 EPA–HQ–OPP–2009–0167 K. Avivah Jakob, 

703-305-1328, 

jakob.kathryn@epa.gov 

Inorganic Halides, 4051 EPA–HQ–OPP–2009–0168 K. Avivah Jakob, 

703-305-1328, 

jakob.kathryn@epa.gov 

Bromine Chloride, 5008 EPA–HQ–OPP–2009–0025 Eliza Blair, 

703-308-7279, 

blair.eliza@epa.gov 

B. Docket Content 

1. Review dockets. The registration 

review dockets contain information that 

the Agency may consider in the course 

of the registration review. The Agency 

may include information from its files 

including, but not limited to, the 

following information: 

• An overview of the registration 

review case status. 

• A list of current product 

registrations and registrants. 

• Federal Register notices regarding 

any pending registration actions. 

• Federal Register notices regarding 

current or pending tolerances. 

• Risk assessments. 

• Bibliographies concerning current 

registrations. 

• Summaries of incident data. 

• Any other pertinent data or 

information. 

Each docket contains a document 

summarizing what the Agency currently 

knows about the pesticide case and a 

preliminary work plan for anticipated 

data and assessment needs. Additional 

documents provide more detailed 

information. During this public 

comment period, the Agency is asking 

that interested persons identify any 

additional information they believe the 

Agency should consider during the 

registration reviews of these pesticides. 

The Agency identifies in each docket 

the areas where public comment is 

specifically requested, though comment 

in any area is welcome. 

2. Other related information. More 

information on these cases, including 

the active ingredients for each case, may 

be located in the registration review 

schedule on the Agency’s website at 

http://www.epa.gov/oppsrrd1/ 

registration_review/schedule.htm. 

Information on the Agency’s registration 

review program and its implementing 

regulation may be seen at http:// 

www.epa.gov/oppsrrd1/ 

registration_review. 

3. Information submission 

requirements. Anyone may submit data 

or information in response to this 

document. To be considered during a 

pesticide’s registration review, the 

submitted data or information must 

meet the following requirements: 

• To ensure that EPA will consider 

data or information submitted, 

interested persons must submit the data 

or information during the comment 

period. The Agency may, at its 

discretion, consider data or information 

submitted at a later date. 

• The data or information submitted 

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. 

• Submitters may request the Agency 

to reconsider data or information that 

the Agency rejected in a previous 

review. However, submitters must 

explain why they believe the Agency 

should reconsider the data or 

information in the pesticide’s 

registration review. 

• As provided in 40 CFR 155.58, the 

registration review docket for each 

pesticide case will remain publicly 

accessible through the duration of the 

registration review process; that is, until 

all actions required in the final decision 

on the registration review case have 

been completed. 


tjames on PRODPC61 with NOTICES
11546 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 

List of Subjects 

Environmental protection, Pesticides 

and pests, Antimicrobials, Bromine, 

Inorganic Halides, and Bromine 

Chloride. 

Dated: March 6, 2009. 

Joan Harrigan-Farrelly, 

Director, Antimicrobials Division, Office of 

Pesticide Programs. 

[FR Doc. E9–5712 Filed 3–17–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2007-1040; FRL–8405–4] 

Capric (Decanoic) Acid Registration 

Review Final Decision; Notice of 

Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability of EPA’s final registration 

review decision for the pesticide Capric 

(Decanoic) Acid, case 5038. 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 causing 

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. 

FOR FURTHER INFORMATION CONTACT: For 

pesticide specific information, contact: 

Eliza Blair, Antimicrobials Division 

(7510P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–7279; fax number: (703) 308– 

-8481; e-mail address: 

blair.eliza@epa.gov. 

For general information on the 

antimicrobials registration review 

program, contact: Diane Isbell, 

Antimicrobials Division (7510P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 308- 

8154; fax number: (703) 308–8481; email address: isbell.diane@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 

pesticide specific contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–1040. 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 Office of 

Pesticide Programs (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. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. 

II. Background 

A. What Action is the Agency Taking? 

Pursuant to 40 CFR 155.58(c), this 

notice announces the availability of 

EPA’s final registration review decision 

for Capric (Decanoic) Acid, case 5038. 

Capric (Decanoic) Acid is an 

antimicrobial pesticide that is used as a 

food-contact surface sanitizer in 

commercial food handling 

establishments. 

Pursuant to 40 CFR 155.57, a 

registration review decision is the 

Agency’s determination whether a 

pesticide meets, or does not meet, the 

standard for registration in FIFRA. EPA 

has considered Capric (Decanoic) Acid 

in light of the FIFRA standard for 

registration. The Capric (Decanoic) Acid 

Final Decision document in the docket 

describes the Agency’s rationale for 

issuing a registration review final 

decision for this pesticide. 

In addition to the final registration 

review decision document, the 

registration review docket for Capric 

(Decanoic) Acid also includes other 

relevant documents related to the 

registration review of this case. The 

proposed registration review decision 

was posted to the docket and the public 

was invited to submit any comments or 

new information. During the 60–day 

comment period, no public comments 

were received. 

Pursuant to 40 CFR 155.58(c), the 

registration review case docket for 

Capric (Decanoic) Acid will remain 

open until all actions required in the 

final decision have been completed. 

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 this pesticide are provided at: 

http://www.epa.gov/oppsrrd1/ 

registration_review/capric_acid/ 

index.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, 

Registration review, Pesticides and 

pests, Capric (Decanoic) Acid, 

antimicrobials. 

Dated: March 3, 2009. 

Joan Harrigan Farrelly, 

Director, Antimicrobials Division, Office of 

Pesticide Programs. 

[FR Doc. E9–5754 Filed 3–17–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL 8774–3] 

Clean Water Act Section 303(d): 

Availability of List Decisions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of availability. 

SUMMARY: This notice announces the 

availability of EPA’s final action 

identifying water quality limited 

segments and associated pollutants in 

New Mexico to be listed pursuant to 

Clean Water Act Section 303(d), and 

request for public comment. Section 

303(d) requires that states submit and 

EPA approve or disapprove lists of 


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