[Federal Register Volume 66, Number 244 (Wednesday, December 19, 2001)]
[Notices]
[Pages 65485-65487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31246]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-50891; FRL-6815-3]


Experimental Use Permit; Receipt of Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of an application 56228-EUP-O 
from the Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture (USDA/APHIS) requesting an experimental use permit (EUP) 
for the use of sodium cyanide in M-44 Cyanide Capsules in M-44 spring-
loaded ejectors to control coyotes (Canis latrans), red fox (Vulpes 
vulpes), gray fox (Urocyon cinereoargenteus) and wild dogs in Idaho and 
Utah in nesting areas of sage grouse (Centrocercus urophasianus and C. 
minimus). The Agency has determined that the application may be of 
regional and national significance. Therefore, in accordance with 40 
CFR 172.11(a), the Agency is soliciting comments on this application.

DATES: Comments, identified by docket control number OPP-50891, must be 
received on or before January 18, 2002.

ADDRESSES: Comments and data may be submitted by mail, electronically, 
or in person. Please follow the detailed instructions for each method 
as provided in Unit I.C. of the SUPPLEMENTARY INFORMATION. To ensure 
proper receipt by EPA, it is imperative that you identify docket 
control number OPP-50891 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: By mail: William W. Jacobs, 
Registration Division (7505C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 305-6406; and e-mail 
address: <a href="/cdn-cgi/l/email-protection#f09a91939f9283de92999c9cb0958091de979f86"><span class="__cf_email__" data-cfemail="8be1eae8e4e9f8a5e9e2e7e7cbeefbeaa5ece4fd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may, 
however, be of interest to those interested in programs for protecting 
native wildlife species of declining numbers before they are imperiled 
to such an extent that they are listed as threatened or endangered 
species. All predacidal uses of sodium cyanide were canceled in 1972. 
Since that time, use of the compound in M-44 capsules has been 
reinstated for controlling canids that prey on livestock, that prey on 
threatened or endangered species, or that are vectors of comminicable 
diseases. Use of M-44s to protect wildlife that are not yet listed as 
threatened or endangered has not been directly authorized. The proposed 
research program is intended to explore the feasibility of use of M-44s 
to protect sage grouse and Gunnison sage grouse and to obtain new 
evidence regarding the units' utility and safety when used in that 
capacity. Since other entities may also 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 Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-50891. The official record 
consists of the documents specifically referenced in this action, and 
other information related to this action, including any information 
claimed as Confidential Business Information (CBI). This official 
record includes the documents that are physically located in the 
docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period is available for 
inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

[[Page 65486]]

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-50891 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA. The PIRIB is open from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: <a href="/cdn-cgi/l/email-protection#3c534c4c1158535f5759487c594c5d125b534a"><span class="__cf_email__" data-cfemail="7c130c0c5118131f1719083c190c1d521b130a">[email protected]</span></a>, or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in Wordperfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-50891. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI That I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
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 version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person identified under FOR FURTHER INFORMATION 
CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    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 notice.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control 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

    In cooperation with State wildlife agencies in Idaho, Utah, and 
Colorado, USDA/APHIS ``intends to determine whether integrated 
predation management including the use of M-44s is more effective for 
sage grouse (Centrocercus urophasianus, Centrocercus minimus) 
protection than predation management that does not include the use of 
M-44s.''
    The proposed research originally was to take place in sage grouse 
habitat in Wayne and Garfield Counties, Utah, and in Owyhee County, 
Butte County, and Oneida County, Idaho. The Gunnison sage grouse 
reportedly occurs in the proposed study site in San Juan County, Utah. 
According to the application, the Gunnison (C. minimus) sage grouse 
only recently has been recognized as a distinct species and has been 
proposed for listing as threatened or endangered. Timely listing is 
said to have been precluded due to a shortage of relevant funding 
within the U.S. Fish and Wildlife Service. In submissions of July 16, 
2001 and July 24, 2001, USDA/APHIS has stated that, for logistical and/
or legal reasons, the study locations mentioned here may be replaced by 
other sites.
    Predator management using M-44s and non-pesticidal methods is to be 
effected in an area of Gunnison sage grouse habitat in San Juan County, 
Utah. Control operations are to be conducted and monitored by USDA/
APHIS personnel. Recruitment of Gunnison sage grouse is to be monitored 
in the managed areas by the Utah Division of Wildlife Resources. The 
Colorado Division of Wildlife is to monitor recruitment of Gunnison 
sage grouse in a neighboring area of Colorado where there is to be ``no 
formal predator control program.''
    Recruitment of sage grouse also is proposed to be monitored in 
areas subject to predator control in Wayne and Garfield Counties, Utah, 
and in Owyhee, Oneida, and Butte Counties, Idaho. At the Wayne, 
Garfield, Owyhee, and Oneida sites, two sage grouse breeding areas are 
to be protected by predator control methods other than M-44s while two 
other areas are to be protected by those same methods plus M-44s. At 
the Butte site, only non-chemical methods are to be used. At all sites, 
numbers of target and nontarget species taken by each method are to be 
recorded along with ``the amount of time spent in the application of 
each management method.'' Artificial nests consisting of three brown 
chicken eggs placed under a sage bush are to be monitored at some 
sites. At two Idaho sites, fates of some sage grouse are to be 
monitored using radio telemetry.

III. What Action is the Agency Taking?

    Following the review of the USDA/APHIS application and any comments 
and data received in response to this notice, EPA will decide whether 
to issue or deny the EUP request for this EUP program, and if issued, 
the conditions under which it is to be conducted. Any issuance of an 
EUP will be announced in the Federal Register.

IV. What is the Agency's Authority for Taking this Action?

    Under 40 CFR 172.11(a), EPA is required to publish in the Federal 
Register a notice of receipt of an EUP application if it determines 
that the permit ``may be of regional or national significance.'' The 
history, cancellation, and partial reinstatement of predacidal uses of 
sodium cyanide makes any proposed expansion of current uses potentially 
``of regional or national significance'' as does the possible benefit 
of developing a pesticidal tool to assist in halting declines in 
populations of certain types of wildlife, thereby precluding their 
future listing as threatened or endangered species and perhaps keeping 
habitats occupied by them open for multiple use.

[[Page 65487]]

List of Subjects

    Environmental protection, Experimental use permits.


    Dated: December 6, 2001.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 01-31246 Filed 12-18-01; 8:45 am]
BILLING CODE 6560-50-S


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