Federal Register: December 29, 2006 (Volume 71, Number 250)
DOCID: FR Doc E6-22303
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
EPA ID: [EPA-HQ-OPP-2006-0694; FRL-8108-2]
ACTION: Pesticide registration, cancellation, etc.:
DOCUMENT ACTION: Notice.
n-Alkyl Dimethyl Benzyl Ammonium Chloride and Didecyl Dimethyl Ammonium Chloride Reregistration Eligibility Decisions; Notice of Availability
DATES: Comments must be received on or before February 27, 2007.
This notice announces the availability of EPA's Reregistration Eligibility Decisions (REDs) for the pesticides nAlkyl Dimethyl Benzyl Ammonium Chloride (ADBAC) and Didecyl Dimethyl Ammonium Chloride (DDAC) and opens a public comment period on these documents. The Agency's risk assessments and other related documents also are available in the ADBAC and DDAC Dockets. ADBAC is an antimicrobial used in agricultural, food handling, commercial, institutional, industrial, residential and public access, medical settings and may be applied as a wood preservative. DDAC is an antimicrobial used in indoor and outdoor hard surfaces, eating utensils, laundry, carpets, agricultural tools and vehicles, egg shells, shoes, milking equipment and udders, humidifiers, medical instruments, human remains, ultrasonic tanks, reverse osmosis units, water storage tanks and may be applied as a wood preservative. EPA has reviewed ADBAC and DDAC through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.
n-alkyl dimethyl benzyl ammonium chloride and didecyl dimethyl ammonium chloride,
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. 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 email. 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.
A. What Action is the Agency Taking?
Under section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to ensure that they meet current scientific and regulatory standards. EPA has completed Reregistration Eligibility Decisions (REDs) for the pesticides, ADBAC and DDAC under section 4(g)(2)(A) of FIFRA. ADBAC is an antimicrobial used in agricultural, food handling, commercial/ institutional/ industrial, residential and public access, medical settings and may be applied as a wood preservative. DDAC is an antimicrobial used in indoor and outdoor hard surfaces, eating utensils, laundry, carpets, agricultural tools and vehicles, egg shells, shoes, milking equipment and udders, humidifiers, medical instruments, human remains, ultrasonic tanks, reverse osmosis units, water storage tanks and may be applied as a wood preservative.
EPA has determined that the data base to support reregistration is substantially complete and that products containing ADBAC and DDAC are eligible for reregistration, provided the risks are mitigated either in the manner described in the RED or by another means that achieves equivalent risk reduction. Upon submission of any required product specific data under section 4(g)(2)(B) and any necessary changes to the registration and labeling (either to address concerns identified in the RED or as a result of product specific data), EPA will make a final reregistration decision under section 4(g)(2)(C) for products containing ADBAC and DDAC.
EPA must review tolerances and tolerance exemptions that were in effect when the Food Quality Protection Act (FQPA) was enacted in August 1996, to ensure that these existing pesticide residue limits for food and feed commodities meet the safety standard established by the new law. Tolerances are considered reassessed once the safety finding has been made or a revocation occurs. EPA has reviewed and made the requisite safety finding for the ADBAC and DDAC tolerances included in this notice.
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, (69 FR 26819)(FRL73579) explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. Due to its uses, risks, and other factors, ADBAC and DDAC were reviewed through the modified 4Phase process. Through this process, EPA worked extensively with stakeholders and the public to reach the regulatory decisions for ADBAC and DDAC.
The reregistration program is being conducted under Congressionally mandated time frames, and EPA recognizes the need both to make timely decisions and to involve the public. The Agency is issuing the ADBAC and DDAC REDs for public comment. This comment period is intended to provide an additional opportunity for public input and a mechanism for initiating any necessary amendments to the RED. All comments should be submitted using the methods in ADDRESSES, and must be received by EPA on or before the closing date. These comments will become part of the Agency Docket for ADBAC and DDAC. Comments received after the close of the comment period will be marked ``late.'' EPA is not required to consider these late comments.
The Agency will carefully consider all comments received by the
closing date and will provide a Response to Comments Memorandum in the Docket
and regulations.gov. If any comment significantly affects the document, EPA also will publish an amendment to the RED in the Federal Register. In the absence of substantive comments requiring changes, the ADBAC and DDAC REDs will be implemented as it is now presented.
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 enduse products and either reregistering products or taking other ``appropriate regulatory action.''
Section 408(q) of the Federal Food, Drug, and Cosmetic Act (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 was completed by August 3, 2006. List of Subjects
Environmental protection, Pesticides and pests, Alkyl Dimethyl
Benzyl Ammonium Chloride (ADBAC), Didecyl Dimethyl Ammonium Chloride (DDAC).
Dated: December 18, 2006.
Acting Director, Antimicrobials Division, Office of Pesticide Programs. [FR Doc. E622303 Filed 122806; 8:45 am]
BILLING CODE 656050S
FOR FURTHER INFORMATION CONTACT
For ADBAC, contact Jacqueline
CampbellMcFarlane, Antimicrobials Division (7510P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 204600001; telephone number: (703) 3086416; fax number: (703) 3088481; email address:
For DDAC, contact Tracy Lantz, Antimicrobials Division (7510P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 204600001; telephone number:
(703) 3086415; fax number: (703) 3088481; email address: