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[Federal Register: January 6, 2010 (Volume 75, Number 3)]
[Notices]               
[Page 858-859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ja10-35]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0856; FRL-8802-9]

 
Propoxur; Receipt of Application for Emergency Exemption; 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a public health exemption request from the 
Ohio Department of Agriculture to use the pesticide propoxur (CAS No. 
114-26-1) to treat indoor residential single or multiple unit 
dwellings, apartments, hotels, motels, office buildings, modes of 
transportation, and commercial industrial buildings to control bed bugs 
(Cimex lectularius). The applicant proposes a use of a pesticide which 
was voluntarily canceled under section 6(f) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), and which poses a risk similar 
to the risk which was voluntarily canceled under section 6(f) of FIFRA. 
EPA is soliciting public comment before making the decision whether or 
not to grant the exemption.

DATES: Comments must be received on or before January 21, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2009-0856, 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-
2009-0856. 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: Princess Campbell, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-8033; fax number: (703) 605-0781; e-
mail address: Campbell.Princess@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    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

[[Page 859]]

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 
www.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 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the pesticide 
discussed in this document, compared to the general population.

II. What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the 
Administrator, a Federal or State agency may be exempted from any 
provision of FIFRA if the Administrator determines that emergency 
conditions exist which require the exemption. The Ohio Department of 
Agriculture (DOA) has requested the Administrator to issue a public 
health exemption for the use of propoxur on indoor residential single 
or multiple unit dwellings, apartments, hotels, motels, office 
buildings, modes of transportation, and commercial industrial buildings 
to control bed bugs. Information in accordance with 40 CFR part 166 was 
submitted as part of this request.
    As part of this request, the applicant asserts that an emergency 
exemption is warranted because of the prevalence of control failures 
with other existing labeled insecticides, in part due to pyrethroid 
resistance in the bed bug population. Bed bugs are parasitic, blood-
sucking insects that prefer humans as a host and tend to inhabit human 
dwellings. For several decades, pyrethroids have been used to manage 
the bed bug population in the United States. Since the late 1990s, bed 
bugs have begun making a comeback, largely due to their development of 
extremely high levels of resistance to pyrethroid insecticides. Thus, 
these parasitic insects have been growing rapidly and have re-emerged 
as a major pest in many towns and cities in Ohio. The ODA states that 
currently available insecticides are inadequate for the control of bed 
bugs and resulted in a crisis that poses grave economic concerns, 
quality of life issues, and potential health risks to the residents of 
the state. The ODA claims propoxur is one of the few insecticidal 
ingredients showing excellent activity against bed bugs and would 
provide an effective insecticide in a different chemical class for bed 
bug control.
    The Applicant proposes to make applications year-round with a 14-
day retreatment restriction. Three propoxur products will be used (all 
containing 1% propoxur):
     Prenbay 1% Oil Solution (EPA Reg. No. 655-546) 
manufactured by Prentiss Inc.
     Invader HPX (EPA Reg. No. 9444-186) manufactured by FMC 
Corp.
     Prescription Treatment Brand 250 Propoxur (EPA Reg. No. 
499-501) manufactured by Whitmire Micro-gen Research Lab. Inc.
These products would be applied as a crack and crevice or spot 
treatment to indoor residential single or multiple unit dwellings, 
apartments, hotels, motels, office buildings, modes of transportation, 
and commercial industrial buildings. Application of the products would 
be applied in quantities sufficient to manage the bed bug infestation 
in Ohio.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing section 18 of FIFRA 
require publication of a notice of receipt of an application for a 
public health exemption proposing a use of a pesticide which was 
voluntarily canceled under section 6(f) of FIFRA, and which poses a 
risk similar to the risk which was voluntarily canceled under section 
6(f) of FIFRA.
    The notice provides an opportunity for public comment on the 
application.
    The Agency, will review and consider all comments received during 
the comment period in determining whether to issue the public health 
exemption requested by the ODA.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: December 24, 2009.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E9-31395 Filed 1-5-10; 8:45 am]

BILLING CODE 6560-50-S
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