[Federal Register Volume 73, Number 99 (Wednesday, May 21, 2008)]
[Notices]
[Pages 29507-29509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11325]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2004-0340; FRL-8364-7]
Disulfoton; Notice of Receipt of Requests to Voluntarily Amend to
Terminate Uses of Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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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 requests by the registrant to amend their
registrations to terminate certain uses of products containing the
pesticide disulfoton. The request would terminate disulfoton use in or
on barley and wheat. The request would also terminate the use of the
15% granular formulation of disulfoton, Di-Syston 15G, (EPA Reg. No.
264-723) on broccoli and ornamentals (commercial uses). Additionally,
the request would terminate the use of Di-Syston 15G and the
emulsifiable concentrate formulation of disulfoton, Di-Syston 8 EC,
(EPA Reg. No. 264-734) on potatoes. The registrant's request includes
amending the disulfoton technical product registration (EPA Reg. No.
264-725) to terminate potato, barley, and wheat uses. The request would
not terminate the last disulfoton products registered for use in the
United States. EPA intends to grant this request at the close of the
comment period for this announcement unless the Agency receives
substantive comments within the comment period that would merit its
further review of the request, or unless the registrant withdraws the
request within this period. Upon acceptance of this request, any sale,
distribution, or use of products listed in this notice will be
permitted only if such sale, distribution, or use is consistent with
the terms as described in the final order.
DATES: Comments must be received on or before June 20, 2008.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2004-0340, 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'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 docket ID number EPA-HQ-OPP-
2004-0340. 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 e-
mail. 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
[[Page 29508]]
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 in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
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: Eric Miederhoff, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 347-8028; fax
number: (703) 308-7070; e-mail address: [email protected].
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. 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.
II. Background on the Receipt of Request to Amend Registrations to
Terminate Uses
This notice announces receipt by EPA of a request from Bayer
CropSciences to amend three disulfoton product registrations to
terminate certain uses. In a letter dated November 8, 2007, Bayer
CropSciences confirmed their intention to cancel Di-Syston 15G (EPA
Reg. No. 264-723) use on broccoli. The 2002 disulfoton Reregistration
Eligibility Decision (RED) determined that disulfoton uses on barley,
wheat, and potatoes were ineligible for reregistration and were to be
phased out by June 2005. Additionally, the Di-Syston 15G use on
ornamentals (commercial use) was to be phased out by June 2005. These
phase outs were necessary to mitigate drinking water, occupational, and
ecological risks. This notice and subsequent order will finalize these
phase-outs. These uses have been removed from their respective end-use
product labels and Bayer CropSciences acknowledged their cancellation
in letters dated November 16, 2007 and January 24 and February 5, 2008.
Bayer CropScience disulfoton products that had been registered for use
on barley, wheat, and potatoes included Di-Syston 15G (EPA Reg. No.
264-723), Di-Syston 8 EC (EPA Reg. No. 264-734), and the disulfoton
technical product (EPA Reg. No. 264-725). The termination of the
subject uses for this Notice will not terminate the last disulfoton
end-use products registered in the United States.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from a
registrant to amend product registrations to terminate certain uses of
disulfoton. The affected products and the registrant making the request
are identified in Tables 1 and 2 of this unit.
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or termination of any minor
agricultural use before granting the request, unless:
1. The registrants request a waiver of the comment period, or
2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
Bayer CropSciences, the disulfoton technical registrant, has
requested that EPA waive the 180-day comment period. EPA will provide a
30-day comment period on the proposed requests.
[[Page 29509]]
Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling and amending the affected registrations.
Table 1. -- Disulfoton Product Registrations with Pending Requests for Amendment
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Registration Number Product Name Delete From Label Company
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264-723 Di-Syston 15G Broccoli, Potato, Bayer CropSciences
Wheat, Barley,
Ornamentals
(commercial uses)
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264-734 Di-Syston 8 EC Potato, Wheat, Barley Bayer CropSciences
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264-725 Di-Syston Technical Potato, Wheat, Barley Bayer CropSciences
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Table 2 of this unit includes the name and address of record for
the registrant of the products listed in Table 1 of this unit.
Table 2. -- Registrant Requesting Voluntary Cancellation and/or
Amendments
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EPA Company Number Company Name and Address
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264 Bayer CropSciences,
2 T.W. Alexander Drive,
Research Triangle Park, NC
27709
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IV. What is the Agency's Authority for Taking this Action?
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 canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.
V. Procedures for Withdrawal of Request and Considerations for
Reregistration of Disulfoton
Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before June 20, 2008. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) request listed in this notice. If
the products(s) have been subject to a previous cancellation action,
the effective date of cancellation and all other provisions of any
earlier cancellation action are controlling.
VI. Provisions for Disposition of Existing Stocks
In response to this request for termination of certain uses, the
Agency proposes to issue an order which would include the following
provisions for the treatment of any existing stocks of the products
identified or referenced in Table 1. If the request for voluntary
termination of certain uses is granted as discussed in unit 3, the
Agency intends to issue a cancellation order that would allow the
registrant to sell and distribute such existing stocks for six months
from the date of the cancellation order and allow persons other than
the registrant to continue to sell and/or use existing stocks of
products with previously approved labeling that includes the
discontinued uses, until such stocks are exhausted, provided that such
use is consistent with the terms of the previously approved labeling
on, or that accompanied, the associated products. Generally, orders
effecting requested cancellations permit a registrant to sell or
distribute existing stocks for one year after the date the cancellation
request was received. In this case however, the Agency has determined
that six months will allow sufficient time for the registrant to sell
or distribute existing stocks. The decision to phase out disulfoton
usage on wheat, barley, and potatoes by 2005 was announced in the 2002
RED. The technical registrant initially announced their voluntary
cancellation of Di-Syston 15G use on broccoli in a letter dated
September 30, 2004. Given the amount of time that has elapsed since
these events, the Agency has determined it is unnecessary to provide
the registrant one year to sell or distribute existing stocks.
Consequently, the cancellation order will permit the registrant to sell
or distribute existing stocks for six months after the date the
cancellation order is issued. This policy is in accordance with the
Agency's statement of policy as prescribed in the Federal Register of
June 26, 1991 (56 FR 29362) (FRL-3846-4). Exceptions to this general
rule will also be made if a product poses a risk concern, or is in
noncompliance with reregistration requirements, or is subject to a data
call-in. In all cases, product-specific disposition dates will be given
in the cancellation orders. The Agency intends to publish the final
cancellation order in the Federal Register.
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which have been packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. Unless the provisions of an earlier order apply,
existing stocks already in the hands of dealers or users can be
distributed, sold, or used legally until they are exhausted, provided
that such further sale and use comply with the EPA-approved label and
labeling of the affected product. Exception to these general rules will
be made in specific cases when more stringent restrictions on sale,
distribution, or use of the products or their ingredients have already
been imposed, as in a Special Review action, or where the Agency has
identified significant potential risk concerns associated with a
particular chemical.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: May 13, 2008.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-11325 Filed 5-20-08; 8:45 am]
BILLING CODE 6560-50-S