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Code · REGISTER · 2012-07-11 · Environmental Protection Agency (EPA) · Notices

Notices. Notice

1,084 words·~5 min read·/register/2012/07/11/2012-16195·

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BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2009-0878; FRL-9354-5] Agrobacterium radiobacter; Registration Review Proposed Decision; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the availability of EPA's proposed registration review decision for the pesticide *Agrobacterium radiobacter* and opens a public comment period on the proposed decision. 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, that the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment.
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 September 10, 2012. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPP-2009-0878, by one of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. • *Mail:* OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), Mail Code: 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. • *Hand Delivery:* To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at *http://www.epa.gov/dockets/contacts.htm.* Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at *http://www.epa.gov/dockets.* FOR FURTHER INFORMATION CONTACT: *For pesticide specific information, contact:* Ann Sibold, Regulatory Action Leader, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(703)305-6502; fax number:
(703)308-7026; email address: *sibold.ann@epa.gov.* *For general information on the registration review program, contact:* Kevin Costello, Pesticide Re-evaluation 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.* 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, 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 regulatory action leader 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. II. Background A. What action is the Agency taking? Pursuant to 40 CFR 155.58, this notice announces the availability of EPA's proposed registration review decision for the pesticide *Agrobacterium radiobacter* strains K84/Kerr-84 and K1026, Case 4101, and opens a 60-day public comment period on the proposed decision. *Agrobacterium radiobacter* is a naturally occurring soil bacterium present in many soil types. Two strains of *Agrobacterium radiobacter,* K84/Kerr-84 and K1026, are registered as microbial pesticides for control of Crown Gall (caused by the plant pathogen *Agrobacterium tumefaciens* ) when applied to seeds, roots and/or stems of nonbearing fruit, nut and ornamental plants. The registration review docket for a pesticide includes earlier documents related to the registration review of the case. For example, the review opened with the posting of a Summary Document, containing a Preliminary Work Plan, for public comment. A Final Work Plan was posted to the docket following public comment on the initial docket. The documents in the docket describe EPA's rationales for conducting additional risk assessments for the registration review of *Agrobacterium radiobacter,* as well as the Agency's subsequent risk findings. This proposed registration review decision is supported by the rationales included in those documents. Following public comment, the Agency will issue a final registration review decision for products containing *Agrobacterium radiobacter.* The Agency will carefully consider all comments received by the closing date and will provide a “Response to Comments Memorandum” in the docket. The final registration review decision will explain the effect that any comments had on the decision and provide the Agency's response to significant comments. Background on the registration review program is provided at: *http://www.epa.gov/oppsrrd1/registration_review.* Links to earlier documents related to the registration review of this pesticide are provided at: *http://www.epa.gov/oppsrrd1/registration_review/agrobacterium_radiobacter/index.htm.* B. What is the Agency's authority for taking this action? Section 3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides authority for this registration review action. List of Subjects Environmental protection, Administrative practice and procedure, *Agrobacterium radiobacter,* Pesticides and pests. Dated: June 22, 2012. Keith A. Matthews, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. [FR Doc. 2012-16195 Filed 7-10-12; 8:45 am]
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