18374 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 

Dated: April 8, 2009. 

Richard C. Karl, 

Director, Superfund Division, Region 5. 

[FR Doc. E9–9211 Filed 4–21–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0186; FRL–8410–7] 

Clomazone and Fomesafen 

Registration Review Draft Ecological 

Risk Assessments; Notice of 

Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability of EPA’s draft ecological risk 

assessments for the registration review 

of both clomazone and fomesafen and 

opens a public comment period on these 

documents. At the same time, EPA is 

initiating consultation for clomazone 

and fomesafen with the U.S. Fish and 

Wildlife Service and the National 

Marine Fisheries Service regarding 

potential effects to species listed as 

endangered or threatened under the 

Endangered Species Act. 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 

environment. As part of the registration 

review process, the Agency has 

completed comprehensive draft 

ecological risk assessments, including 

endangered species effects 

determinations, for all clomazone and 

fomesafen uses. After reviewing 

comments received during the public 

comment period, EPA will issue final 

risk assessments, explain any changes 

from the draft risk assessments, and 

respond to comments. Once the 

ecological risk assessments have been 

finalized, the Agency will issue its 

proposed registration review decisions 

for these pesticides and seek public 

comment on any proposed risk 

mitigation. 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 22, 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 questions on the 

registration review program, contact: 

Kevin Costello, Special Review and 

Reregistration 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; email address: costello.kevin @epa.gov. 

For general questions on OPP’s 

Endangered Species Protection 

Program, contact: Arty Williams, 

Environmental Fate and Effects Division 

(7507P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7695; fax number: (703) 308– 

4776 ; e-mail address: 

williams.arty@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. 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 18375 

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 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticides 

discussed in this document, compared 

to the general population. 

II. Authority 

EPA is conducting its registration 

review of clomazone and fomesafen 

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 

What Action is the Agency Taking? 

As directed by FIFRA section 3(g), 

EPA is reviewing registered pesticides 

containing clomazone or fomesafen to 

ensure that they continue to satisfy the 

FIFRA standard for registration—that is, 

that these pesticides can still be used 

without unreasonable adverse effects on 

human health or the environment. 

Clomazone is a broad spectrum 

herbicide used to control annual grasses 

and broadleaf weeds in a wide variety 

of crops and locations. EPA has 

completed a comprehensive draft 

ecological risk assessment, including an 

endangered species effects 

determination, for all clomazone uses. 

Fomesafen is a pre-plant, pre-emergence 

and post-emergence herbicide used on 

soybeans, snap beans, dry beans, and 

cotton to control broadleaf weeds, 

grasses, and sedges. It is also registered 

for use on agricultural fallow/idle land, 

nonagricultural uncultivated areas/soils, 

pine (forest/shelterbelt) and pine (seed 

orchard). EPA has completed a 

comprehensive draft ecological risk 

assessment, including an endangered 

species effects determination for all 

fomesafen uses. 

At present, EPA is announcing the 

availability of EPA’s draft ecological risk 

assessments for the cases identified in 

the following table and is opening the 

public comment period on these 

documents. 

TABLE—REGISTRATION REVIEW CASES WITH ECOLOGICAL RISK ASSESSMENTS

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

Clomazone (Case No.7203) EPA-HQ-OPP-2006-0113 Karen Santora, (703) 347-8781 

santora.karen@epa.gov 

Fomesafen (Case No.7211) EPA-HQ-OPP-2006-0239 Wilhelmena Livingston, (703) 308-8025 

livingston.wilhelmena@epa.gov 

Pursuant to 40 CFR 155.53(c), EPA is 

providing an opportunity, through this 

notice of availability, for interested 

parties to provide comments and input 

concerning the Agency’s draft ecological 

risk assessments for clomazone and 

fomesafen. Such comments and input 

could address, among other things, the 

Agency’s risk assessment methodologies 

and assumptions, as applied to these 

draft risk assessments. The Agency will 

consider all comments received during 

the public comment period and make 

changes, as appropriate, to the draft 

ecological risk assessments. EPA will 

then issue revised risk assessments, 

explain any changes to the draft 

ecological risk assessments, and 

respond to comments. Once the 

ecological risk assessments have been 

finalized, the Agency will issue its 

proposed registration review decisions 

for these pesticides and seek public 

comment on the proposed risk 

mitigation. 

Concurrent with opening the public 

comment periods for the draft ecological 

risk assessments for clomazone and 

fomesafen, the Agency will initiate 

consultation with the U.S. Fish and 


dwashington3 on PROD1PC60 with NOTICES
18376 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 

Wildlife Service (FWS) and the National 

Marine Fisheries Service (NMFS) 

(jointly referred to as ‘‘the Services’’) 

regarding potential effects from these 

pesticides to federally listed threatened 

or endangered species (listed species) 

and habitat designated as critical to 

such species. The result of consultation 

will be a biological opinion issued by 

the Services that expresses whether they 

believe the pesticide’s use is likely to 

jeopardize the continued existence of 

any listed species or destroy or 

adversely modify habitat designated as 

critical to any listed species. If the 

Services determine there is likely 

jeopardy or adverse modification, they 

will provide reasonable and prudent 

alternatives to the action. If the Services 

conclude the action will result in ‘‘take’’ 

of any individuals of a listed species, 

they will specify reasonable and 

prudent measures to minimize such 

impact. The Agency will review and 

consider both the public comments 

received on the draft ecological risk 

assessments and, if provided, the 

information in the Service’s biological 

opinions when developing its proposed 

registration review decisions. 

As described in detail in the 

‘‘Clomazone Summary Document 

Registration Review: Initial Docket 

(January 2007), Section IV—Human 

Health Effects Scoping Document’’ (see 

docket ID number EPA–HQ–OPP–2006– 

0113), the Agency believes that the 

human health assessments completed 

prior to registration review are adequate, 

and there are no dietary risks that 

exceed the Agency’s level of concern. In 

addition, there are no residential uses of 

clomazone and all worker margins of 

exposure (MOEs) are below the 

Agency’s level of concern. Thus, no 

additional human health data are 

needed for the registration review of 

clomazone. 

Also, as described in detail in the 

‘‘Fomesafen Summary Document 

Registration Review: Initial Docket 

(March 2007), Section IV – Human 

Health Effects Scoping Document’’ (see 

docket ID number EPA–HQ–OPP–2006– 

0239), the Agency believes that the 

human health assessments completed 

prior to registration review are adequate 

and there are no dietary risks that 

exceed the Agency’s level of concern. In 

addition, there are no residential uses of 

fomesafen. The occupational scenarios 

do not result in risk concerns, with the 

exception of inhalation risks to mixer/ 

loaders for aerial application. This risk 

was mitigated below the Agency’s level 

of concern with the following change 

that is currently on the label: ‘‘In 

addition, for aerial applications, mixers 

and loaders handling more than 140 

gallons of Reflex Herbicide in any single 

workday must wear dust/mist filtering 

NIOSH-approved respirator with any N, 

R, P, or HE filter.’’ 

1. Other related information. More 

information on EPA’s review of these 

cases is available on the Registration 

Review Status web page, http:// 

www.epa.gov/oppsrrd1/ 

registration_review/ 

reg_review_status.htm. Information such 

as the active ingredients in each case, 

may be found 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 is available at http:// 

www.epa.gov/oppsrrd1/ 

registration_review. 

2. 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. 

List of Subjects 

Environmental protection, 

Registration review, Pesticides and 

pests. 

Dated: April 13, 2009. 

Richard P. Keigwin, Jr., 

Director, Special Review and Reregistration 

Review Program. 

[FR Doc. E9–9231 Filed 4–21–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2007–0513; FRL–8410–5] 

Triclosan; Notice of Receipt of 

Requests for Amendments To Delete 

Uses in Certain Pesticide Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In accordance with section 

6(f)(1) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended, EPA is issuing a 

notice of receipt of request for 

amendments by registrants to delete 

uses in certain pesticide registrations. 

Section 6(f)(1) of FIFRA provides that a 

registrant of a pesticide product may at 

any time request that any of its pesticide 

registrations be amended to delete one 

or more uses. FIFRA further provides 

that, before acting on the request, EPA 

must publish a notice of receipt of any 

request in the Federal Register. 

DATES: The deletions are effective 

October 19, 2009, unless the Agency 

receives a written withdrawal request 

on or before October 19, 2009. The 

Agency will consider a withdrawal 

request postmarked no later than 

October 19, 2009. 

Users of these products who desire 

continued use on sites being deleted 

should contact the applicable registrant 

on or before October 19, 2009. 

ADDRESSES: Submit your withdrawal 

request, identified by docket 

identification (ID) number EPA–HQ– 

OPP–2007–0513, by one of the 

following methods: 

• 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. 


dwashington3 on PROD1PC60 with NOTICES