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###### Environmental Protection Agency

          - [EPA-HQ-OPP-2009-0207; FRL-8408-4]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice.

# SUMMARY:

EPA is seeking public comment on a November 26, 2007 petition from the Natural Resources Defense Council (NRDC), requesting that the Agency cancel propoxur pet collar uses. The petitioner, NRDC, requests this action because they believe that modifications to the non-dietary oral exposure pathway presented in the Revised N-methyl Carbamate (NMC) Cumulative Risk Assessment (CRA) underestimate exposure to propoxur from pet collar uses.

# DATES:

Comments must be received on or before June 8, 2009.

# ADDRESSES:

Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2009-0207, 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-2009-0207. 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:

                        Monica Wait, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 347-8019; fax number: (703) 308-7070; e-mail address:                         *wait.monica@epa.gov*.                    

# SUPPLEMENTARY INFORMATION:

      ( print page 15981)    

## 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 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.

## II. Background

### What Action is the Agency Taking?

EPA requests public comment during the next 60 days on a petition received from the NRDC requesting that the Agency cancel all pet collar uses for the pesticide propoxur. NRDC submitted a petition dated November 26, 2007 as a public comment to the Revised N-methyl Carbamate Cumulative Risk Assessment docket (available under docket ID number EPA-HQ-OPP-2007-0935). NRDC claims that the NMC CRA underestimates exposure to propoxur from pet collar uses, that there are effective alternatives to this use, and therefore, EPA should cancel all pet collar uses for propoxur. NRDC states that exposure levels from pet collars for household children may be significantly higher than EPA estimates through common daily activities and intimate contact between children and pets. NRDC cites specific revised hand-to-mouth exposure parameters and claims that these revisions to the NMC CRA non-dietary exposure assessment are biased towards reducing the exposure estimate, making it appear that the pet collar uses do not exceed the Agency's level of concern.

EPA's 1997 Reregistration Eligibility Decision (RED) for Propoxur is available on EPA's pesticide webpage at http://www.epa.gov/​pesticides/​reregistration/​status.htm. The 2007 NMC CRA, related documents, and comments are available in the electronic docket at http://www.regulations.gov/​ and can be found under the docket number provided in the paragraph above.

# List of Subjects

      - Environmental protection
      - Natural Resources Defense Council, pesticides and pests, propoxur

Dated: March 25, 2009.

Richard P. Keigwin, Jr.,

Director, Special Review and Reregistration Division, Office of Pesticide Programs.

[FR Doc. E9-7991 Filed 4-7-09; 8:45 am]

BILLING CODE 6560-50-S