[Federal Register: October 23, 2009 (Volume 74, Number 204)]
[
Notices]
[Page 54804-54806]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc09-39]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0054; FRL-8795-8]
Disulfoton; Registration Review Proposed Decision; Notice of
Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of EPA's proposed
registration review decision for the pesticide disulfoton 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 December 22, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0054, 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.
[[Page 54805]]
Crystal Dr., Arlington, VA. Deliveries are only accepted during the
Docket Facility'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 identification (ID)
number EPA-HQ-OPP-2009-0054. 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
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 at http://www.regulations.gov. 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: For pesticide specific information,
contact: Eric Miederhoff, Chemical Review Manager, Pesticide Re-
evaluation 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: miederhoff.eric@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; e-mail 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 chemical review manager 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
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,
disulfoton, case number 0102, and opens a 60-day public comment period
on the proposed decision. Disulfoton is an organophosphate insecticide
registered for use on asparagus, beans, broccoli, Brussels sprouts,
cabbage, cauliflower, cotton, coffee beans, lettuce, radish grown for
seed, Christmas trees, Easter lilies, and residential ornamentals.
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.
As stated in the Disulfton Preliminary Work Plan for registration
review, the Agency had intended to revise the existing risk assessments
for disulfoton. However, after the publication of the Disulfton
Preliminary Work Plan, pursuant to section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, the
Agency announced receipt of requests to voluntarily cancel all
disulfoton product
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registrations and then granted the voluntary cancellation requests,
establishing effective cancellation dates (FRL-8437-1); (74 FR 48551)
for all of the products registered for use in the United States
containing the active ingredient, disulfoton. The Agency described the
impact of the cancellations on the registration review of disulfoton in
the Final Work Plan, which was issued on October 1, 2009. Due to the
cancellation order issued affecting all disulfoton product
registrations in the United States, the Agency has found that it is not
necessary to conduct new risk assessments for disulfoton and is
therefore issuing a proposed decision pursuant to 40 CFR 155.53(c)(2)
and 40 CFR 155.58. The Agency believes that mitigation measures put
into effect on product labeling through the reregistration process are
adequate to protect human health and the environment until existing
stocks of disulfoton are exhausted. This proposed registration review
decision is described in more detail in the Disulfoton Proposed
Registration Review Decision, available in the disulfoton docket.
Following public comment, the Agency will issue a registration
review final decision for products containing disulfoton.
The registration review program is being conducted under
congressionally mandated time frames, and EPA recognizes the need both
to make timely decisions and to involve the public. Section 3(g) of
FIFRA, as amended, required EPA to establish by regulation procedures
for reviewing pesticide registrations, originally with a goal of
reviewing each pesticide's registration every 15 years to ensure that a
pesticide continues to meet the FIFRA standard for registration. The
Agency's final rule to implement this program was issued in August
2006, and became effective in October 2006, and appears at 40 CFR part
155, subpart C. The Pesticide Registration Improvement Act of 2003
(PRIA) was amended and extended in September 2007. FIFRA, as amended by
PRIA in 2007, requires EPA to complete registration review decisions by
October 1, 2022, for all pesticides registered as of October 1, 2007.
The registration review final rule at 40 CFR 155.58(a) provides for
a minimum 60-day public comment period on all proposed registration
review decisions. This comment period is intended to provide an
opportunity for public input and a mechanism for initiating any
necessary amendments to the proposed decision. 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
docket for disulfoton. 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. The 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. A link to earlier
documents related to the registration review of disulfoton is provided
at: http://www.epa.gov/oppsrrd1/registration_review/reg_review_
status.htm.
B. What is the Agency's Authority for Taking this Action?
Section 3(g) of FIFRA and 40 CFR part 155, subpart C, provide
authority for this action.
List of Subjects
Environmental protection, Administrative practice and procedure,
Pesticides and pests, disulfoton.
Dated: October 19, 2009.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. E9-25597 Filed 10-22-09; 8:45 am]
BILLING CODE 6560-50-S