51790 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Notices 

9. Report on Salt River Pima Maricopa 

Indian Community Pesticide Program. 

10. OPP Tribal Strategy - final review. 

11. TPPC outreach power point. 

12. Federal Credential (questions and 

answers). 

13. Presentation and questions and 

answers by EPA Office of Enforcement 

and Compliance Assurance. 

14. Section 18 and 24c pilot project - 

soybean rust. 

15. Instructions on preparing forms to 

include the Form 5700. 

16. Region 8 and 9 reports. 

17. Performance Measures - panel/ 

reports from working groups and 

discussion of performance for Tribes. 

18. Strategic planning for the TPPC 

Environmental Protection. 

List of Subjects 

Environmental protection, Pesticide 

and pests. 

Dated: August 10, 2005. 

Jay S. Ellenberger, 

Associate Division Director, Field and 

External Affairs Division, Office of Pesticide 

Programs. 

[FR Doc. 05–17127 Filed 8–30–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPP–2004–0385 FRL–7734–4] 

Permethrin; Notice of Availability of 

Risk Assessments and Opening of 

Docket 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability of EPA’s preliminary human 

health and ecological risk assessments 

and related documents for permethrin, a 

synthetic pyrethroid insecticide, and 

opens a public comment period on these 

documents. The public is encouraged to 

provide information to refine assessed 

risks, and suggest risk management 

ideas or proposals to address the risks 

identified. At this time, EPA is 

intending to develop a Reregistration 

Eligibility Decision (RED) for 

permethrin through a modified 4–phase 

public participation process that the 

Agency uses to involve the public in 

developing pesticide reregistration and 

tolerance assessment decisions. For 

permethrin, a modified 4–Phase process 

with one public comment period and 

ample opportunity for public 

consultation seems appropriate in view 

of the number and level of risk concerns 

identified in the preliminary risk 

assessment. However, if as a result of 

comments received during this 

comment period EPA finds that 

additional issues warranting further 

discussion are raised, the Agency may 

consider an additional comment period, 

as needed. Through this program, EPA 

is ensuring that all pesticides meet 

current health and safety standards. 

This notice is phase–3 of the 4–phase 

process. 

DATES: Comments, identified by docket 

identification (ID) number OPP–2004–

0385 must be received on or before 

October 31, 2005. 

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in 

Unit I. of the SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline Guerry, Chemical Review 

Manager, Special Review and 

Reregistration Division (7508C), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (703) 305–

0024; e-mail address: 

guerry.jacqueline@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, 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. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established an 

official public docket for this action 

under docket ID number OPP–2004–

0385. The official public docket consists 

of the documents specifically referenced 

in this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing at the Public 

Information and Records Integrity 

Branch (PIRIB), Rm. 119, Crystal Mall 

#2, 1801 S. Bell St., Arlington, VA. This 

docket facility is open from 8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays. The docket 

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/. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Once in the system, select ‘‘search,’’

then key in the appropriate docket ID 

number. 

Certain types of information will not 

be placed in the EPA Dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA’s 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. To the extent feasible, publicly 

available docket materials will be made 

available in EPA’s electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA’s electronic public docket. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. EPA 

intends to work towards providing 

electronic access to all of the publicly 

available docket materials through 

EPA’s electronic public docket. 

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Notices 51791 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in EPA’s electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff. 

C. How and to Whom Do I Submit 

Comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket ID number in the subject line on 

the first page of your comment. Please 

ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. If you 

wish to submit CBI or information that 

is otherwise protected by statute, please 

follow the instructions in Unit I.D. Do 

not use EPA Dockets or e-mail to submit 

CBI or information protected by statute. 

1. Electronically. If you submit an 

electronic comment as prescribed in this 

unit, EPA recommends that you include 

your name, mailing address, and an email address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. This ensures that you can be 

identified as the submitter of the 

comment and allows EPA to contact you 

in case EPA cannot read your comment 

due to technical difficulties or needs 

further information on the substance of 

your comment. EPA’s policy is that EPA 

will not edit your comment, and any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. 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. 

i. EPA Dockets. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EPA Dockets 

at http://www.epa.gov/edocket/, and 

follow the online instructions for 

submitting comments. Once in the 

system, select ‘‘search,’’ and then key in 

docket ID number OPP–2004–0385. The 

system is an ‘‘anonymous access’’

system, which means EPA will not 

know your identity, e-mail address, or 

other contact information unless you 

provide it in the body of your comment. 

ii. E-mail. Comments may be sent by 

e-mail to opp-docket@epa.gov, 

Attention: Docket ID Number OPP–

2004–0385. In contrast to EPA’s 

electronic public docket, EPA’s e-mail 

system is not an ‘‘anonymous access’’

system. If you send an e-mail comment 

directly to the docket without going 

through EPA’s electronic public docket, 

EPA’s e-mail system automatically 

captures your e-mail address. E-mail 

addresses that are automatically 

captured by EPA’s e-mail system are 

included as part of the comment that is 

placed in the official public docket, and 

made available in EPA’s electronic 

public docket. 

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in Unit I.C.2. These electronic 

submissions will be accepted in 

WordPerfect or ASCII file format. Avoid 

the use of special characters and any 

form of encryption. 

2. By mail. Send your comments to: 

Public Information and Records 

Integrity Branch (PIRIB) (7502C), Office 

of Pesticide Programs (OPP), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001, Attention: Docket ID 

Number OPP–2004–0385. 

3. By hand delivery or courier. Deliver 

your comments to: Public Information 

and Records Integrity Branch (PIRIB), 

Office of Pesticide Programs (OPP), 

Environmental Protection Agency, Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA, Attention: Docket ID 

Number OPP–2004–0385. Such 

deliveries are only accepted during the 

docket’s normal hours of operation as 

identified in Unit I.B.1. 

D. How Should I Submit CBI to the 

Agency? 

Do not submit information that you 

consider to be CBI electronically 

through EPA’s electronic public docket 

or by e-mail. You may claim 

information that you submit to EPA as 

CBI by marking any part or all of that 

information as CBI (if you submit CBI 

on disk or CD ROM, 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 

CBI). Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

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 and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on disk or CD ROM, 

mark the outside of the disk or CD ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person listed under 

FOR FURTHER INFORMATION CONTACT. 

E. What Should I Consider as I Prepare 

My Comments for EPA? 

We invite you to provide your views 

on the various options we propose, new 

approaches we have not considered, the 

potential impacts of the various options 

(including possible unintended 

consequences), and any data or 

information that you would like the 

Agency to consider during the 

development of the final action. You 

may find the following suggestions 

helpful for preparing your comments: 

1. Explain your views as clearly as 

possible. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Provide specific examples to 

illustrate your concerns. 

6. Offer alternative ways to improve 

the rule or collection activity. 

7. Make sure to submit your 

comments by the deadline in this 

notice. 

8. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation. 

II. Background 

A. What Action is the Agency Taking? 

EPA is releasing for public comment 

its preliminary human health and 

environmental fate and effects risk 

assessments and related documents for 

the synthetic pyrethroid insecticide, 

51792 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Notices 

permethrin, and is encouraging the 

public to provide information to refine 

identified risks, and suggest risk 

management ideas or proposals. EPA is 

ensuring that pesticides meet current 

standards under the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

and the Federal Food, Drug, and 

Cosmetic Act (FFDCA), as amended by 

the Food Quality Protection Act of 1996 

(FQPA). Permethrin is registered for use 

on sites in agricultural, commercial, and 

residential settings. In addition to its 

pesticidal uses, permethrin also has 

non-FIFRA pharmaceutical use as a 

pediculicide for the treatment of head 

lice and scabies. The Food and Drug 

Administration (FDA) approves use of 

the pesticidal-containing 

pharmaceutical products under FFDCA. 

The preliminary risk assessments 

have identified potential residential 

postapplication noncancer chronic risks 

of concerns for toddlers; residential 

handlers and postapplication cancer 

risks; occupational handler and 

postapplication noncancer chronic and 

cancer risks; and potential acute and 

chronic ecological risks of concern. EPA 

is providing an opportunity, through 

this notice, for interested parties to 

provide comments and input on the 

Agency’s risk assessments for 

permethrin. Such comments and input 

could address the potential risks of 

concern. 

All elements of the Agency’s risk 

assessments for permethrin are open for 

public comment; however, we are 

particularly seeking public comment 

and input on data that could help refine 

those scenarios where uncertainties 

exists and risk estimates exceed the 

level of concern, which are identified in 

the Agency’s risk assessments available 

in the docket. Specifically, there is 

uncertainly regarding the residential 

handler and postapplication cancer 

risks. In order to identify the residential 

exposure scenarios that may pose risks 

of concern, the Agency is seeking public 

comment on the typical number of 

applications associated with those 

homeowner scenarios assessed. 

Additionally, the Agency is looking for 

consumer information on the market 

segments that utilize impregnated 

clothing and the use pattern of these 

products (i.e. types of impregnated 

clothing purchased and worn, number 

of times the article of clothing is worn 

and washed, etc.). Refer to the 

Permethrin Overview document 

available in the docket for further 

discussion of uncertainties and data 

needs regarding residential uses. 

Further, the only occupational risks of 

concern identified resulted from use of 

permethrin in mushroom houses. The 

Agency is seeking typical use 

information on permethrin applied in 

mushroom houses (i.e. current level of 

personal protective equipment worn, 

application rate, and percent crop 

treated, etc.), as well as benefits of this 

use, and potential risk mitigation ideas. 

Additionally, the Agency is interested 

in obtaining data or information that 

would assist in refining the risks 

identified in the ecological assessment, 

such as the typical use of buffer zones 

in areas where permethrin is applied 

close to bodies of water. Finally, 

additional data are being requested 

regarding the potential ecological risk 

resulting from permethrin formulations 

that contain the synergist piperponyl 

butoxide (PBO). Few toxicity studies are 

available on formulations of 

permethrin/PBO. In order to assess any 

increased toxicity of permethrin active 

ingredient when formulated with a 

synergist, the Agency is requesting the 

submission of existing permethrin/PBO 

toxicity studies, and public comment on 

additional studies that may need to be 

generated to address this issue. Refer to 

the Overview document for more 

discussion of this matter. 

EPA seeks to achieve environmental 

justice, the fair treatment and 

meaningful involvement of all people, 

regardless of race, color, national origin, 

or income, 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, unusually high exposure to 

permethrin, compared to the general 

population. 

EPA is releasing for public comment 

its risk assessments for permethrin, to 

provide an opportunity for interested 

parties to also provide risk management 

proposals or otherwise comment on risk 

management. Such comments and 

proposals should further discuss ways 

to manage permethrin’s occupational, 

residential, and/or ecological risks 

resulting from its many uses, as 

discussed in the Agency’s risk 

assessments. 

EPA is applying the principles of 

public participation to all pesticides 

undergoing reregistration and tolerance 

reassessment. The Agency’s Pesticide 

Tolerance Reassessment and 

Reregistration; Public Participation 

Process, published in the Federal 

Register on May 14, 2004, explains that 

in conducting these programs, the 

Agency is tailoring its public 

participation process to be 

commensurate with the level of risk, 

extent of use, complexity of the issues, 

and degree of public concern associated 

with each pesticide. At this time for 

permethrin, a modified 4–Phase process 

with one public comment period and 

ample opportunity for public 

consultation seems appropriate in due 

to the number and level of risk 

concerns. However, if as a result of 

comments received during this 

comment period EPA finds that 

additional issues warranting further 

discussion are raised, the Agency may 

consider an additional comment period, 

as needed. 

All comments should be submitted 

using the methods in Unit I. of the 

SUPPLEMENTARY INFORMATION, and must 

be received by EPA on or before the 

closing date. Comments will become 

part of the Agency Docket for 

permethrin. Comments received after 

the close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

B. What is the Agency’s Authority for 

Taking this Action? 

Section 4(g)(2) of FIFRA as amended 

directs that, after submission of all data 

concerning a pesticide active ingredient, 

‘‘the Administrator shall determine 

whether pesticides containing such 

active ingredient are eligible for 

reregistration,’’ before calling in product 

specific data on individual end-use 

products and either reregistering 

products or taking other ‘‘appropriate 

regulatory action.’’

Section 408(q) of the FFDCA, 21 

U.S.C. 346a(q), requires EPA to review 

tolerances and exemptions for pesticide 

residues in effect as of August 2, 1996, 

to determine whether the tolerance or 

exemption meets the requirements of 

section 408(b)(2) or (c)(2) of FFDCA. 

This review is to be completed by 

August 3, 2006. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: August 25, 2005. 

Debra Edwards, 

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs 

[FR Doc. 05–17365 Filed 8–30–05; 8:45 am] 

BILLING CODE 6560–50–S