[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Pages 44263-44264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17334]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2004-0340; FRL-8375-7]
Disulfoton; Amendment to Terminate Certain Uses of Disulfoton
Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's order for the amendments to
terminate certain uses, voluntarily requested by the registrant and
accepted by the Agency, of products containing the pesticide
disulfoton, pursuant to section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended. This termination
order follows a May 21, 2008 Federal Register Notice of Receipt of
Requests from the disulfoton technical registrant to voluntarily amend
to terminate certain uses of their disulfoton product registrations.
The request included termination of all disulfoton use on barley and
wheat. Additionally, the use of the granular formulation of disulfoton,
Di-Syston 15G (EPA Reg. No. 264-723), on broccoli and commercial
ornamentals is being terminated. This order also terminates the use of
Di-Syston 15G and the emulsifiable concentrate formulation of
disulfoton, Di-Syston 8 EC, (EPA Reg. No. 264-734) on potatoes. This
order also amends the disulfoton technical product registration (EPA
Reg. No. 264-734) to terminate potato, barley, and wheat uses. These
are not the last disulfoton uses or products registered in the United
States. In the May 21, 2008 notice, EPA indicated that it would issue
an order implementing the amendments to terminate uses, unless the
Agency received substantive comments within the 30 day comment period
that would merit its further review of these requests, or unless the
registrant withdrew their requests within this period. The Agency
received comments on the notice but none merited its further review of
the requests. The comments received by the Agency are described in Unit
III. of this notice. Further, the registrant did not withdraw their
requests. Accordingly, EPA hereby issues in this notice a cancellation
order granting the requested amendments to terminate uses. Any
distribution, sale, or use of the disulfoton products subject to this
cancellation order is permitted only in accordance with the terms of
this order, including any existing stocks provisions.
DATES: The cancellations are effective July 30, 2008.
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. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2004-0340. 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 Office of Pesticide Programs (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.
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.
II. What Action is the Agency Taking?
This notice announces the amendments to terminate certain uses, as
requested by the technical registrant, of several disulfoton products
registered under section 3 of FIFRA. The affected registrations are
listed in sequence by registration number in Table 1 of this unit.
Table 1--Disulfoton Product Registration Amendments to Terminate Uses
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EPA Registration Number Product Name Delete from Label
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264-723 Di-Syston 15G Broccoli, Potato,
Wheat, Barley,
Ornamentals
(commercial uses)
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264-725 Di-Syston Potato, Wheat,
Technical Barley
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264-734 Di-Syston 8 EC Potato, Wheat,
Barley
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Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number.
Table 2--Registrants of Amended Disulfoton Products
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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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III. Summary of Public Comments Received and Agency Response to
Comments
Two comments were received during the 30 day comment period
established by the May 21, 2008 notice (73 FR 29507; FRL-8364-7). One
comment noted the importance of rotating chemicals with different modes
of action to help reduce the development of chemical resistance in pest
populations. However, this comment did not articulate a specific
concern with the actions proposed by the notice. The other comment
requested the retention of disulfoton use for control of leafminers in
buxus, a family of evergreen shrubs and small trees, often grown for
ornamental purposes. The 2002 disulfoton Reregistration Eligibility
Decision (RED) examined the risks and benefits of continued use of the
granular formulation of disulfoton on commercial ornamentals. Exposure
[[Page 44264]]
risk to agricultural workers for this scenario was very high and
overall documented usage was very low. Additionally, there are several
viable leafminer control alternatives to disulfoton. In addition to
numerous chemical alternatives, non-chemical pest control options
include the employment of leafminer resistant cultivars. Due to the
high exposure risk inherent with disulfoton use on commercial
ornamentals and the availability of alternative control methods, the
Agency maintains the decision described in the 2002 RED, which is that
this use is ineligible for reregistration. For these reasons, the
Agency does not believe that the comments submitted during the comment
period merit further review or a denial of the requests for voluntary
use termination.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
amendments to terminate certain uses of disulfoton product
registrations identified in Table 1 of Unit II. Accordingly, the Agency
orders that the disulfoton product registrations identified in Table 1
of Unit II. are hereby amended to terminate the affected uses. Any
distribution, sale, or use of existing stocks of the products
identified in Table 1 of Unit II. in a manner inconsistent with any of
the Provisions for Disposition of Existing Stocks set forth in Unit VI.
will be considered a violation of FIFRA.
V. 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.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The cancellation order issued in this notice
includes the following existing stocks provisions.
The registrant may continue to sell and distribute existing stocks
of products with previously approved labeling that includes the uses
terminated by this order, for six months from the effective date of
this cancellation order. Persons other than the registrant may 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.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: July 23, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-17334 Filed 7-29-08; 8:45 am]
BILLING CODE 6560-50-S