[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Pages 11944-11946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6140]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0416; FRL-8383-5]
Diiodomethyl p-tolyl sulfone (Amical 48), Busan 77, Organic
Esters of Phosphoric Acid Reregistration Eligibility Decisions; Notice
of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (RED) for the pesticides Diiodomethyl p-tolyl
sulfone (Amical 48), Busan 77, and Organic Esters of Phosphoric Acid,
and opens a public comment period on these documents. The Agency's risk
assessments and other related documents also are available in the
Diiodomethyl p-tolyl sulfone (Amical 48), Busan 77, and Organic Esters
of Phosphoric Acid Dockets. Diiodomethyl p-tolyl sulfone is used as an
algaecide, bactericide, and fungicide for materials and wood
preservation. Busan 77 is used to control of algae in swimming pools,
hot tubs, whirlpools and fountains without fish. It is also registered
to control growth of algae, bacteria, and fungi in recirculating
cooling towers, industrial air washing systems, and as a materials
preservative in metal cutting fluids. Organic Esters of Phosphoric Acid
is used primarily as a fungicide and bacteriostat, with the main use
site being a material preservative for carpet backings. Some other use
sites include paint, textiles, vinyl products, polymeric laminates, and
epoxy flooring and tile. EPA has reviewed Diiodomethyl p-tolyl sulfone
(Amical 48), Busan 77, and Organic Esters of Phosphoric Acid 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.
DATES: Comments must be received on or before May 19, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number for Diiodomethyl p-tolyl sulfone, EPA-HQ-OPP-2007-1151; for
Busan 77, EPA-HQ-OPP-2007-0834; and for Organic Esters of Phosphoric
Acid, EPA-HQ-OPP-2007-1166 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
[[Page 11945]]
Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number for
Diiodomethyl p-tolyl sulfone, EPA-HQ-OPP-2007-1151; for Busan 77, EPA-
HQ-OPP-2007-0834; and for Organic Esters of Phosphoric Acid, EPA-HQ-
OPP-2007-1166. 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 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: For Diiodomethyl p-tolyl sulfone
(Amical 48), contact: Kathryn Avivah Jakob, Antimicrobials Division
(7510P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-1328; fax number: (703) 308-8481; e-mail address:
[email protected].
For Busan 77, contact: ShaRon Carlisle, Antimicrobials Division
(7510P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-6427; fax number: (703) 308-8481; e-mail address:
[email protected].
For Organic Esters of Phosphoric Acid, contact: Heather Garvie,
Antimicrobials Division (7510P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0034; fax
number: (703) 308-8481; 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
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 a REDs for the pesticides, Diiodomethyl p-tolyl sulfone
(Amical 48), Busan 77, and Organic Esters of Phosphoric Acid under
section 4(g)(2)(A) of FIFRA. Diiodomethyl p-tolyl sulfone (Amical 48)
is used as a materials preservative. The following materials contain
Diiodomethyl p-tolyl sulfone (Amical 48) as a materials preservative:
Paints, air duct coatings, fire-retardant coatings, pigment
dispersions, inks, emulsions and extender slurries, adhesives, caulks,
sealants, rubbers and plastics, textiles, leather, pulp and paper
slurries, paper/paperboard, and wetlap. Diiodomethyl p-tolyl sulfone
(Amical 48) is also used for the preservation of wood. Busan 77 is used
to control of algae in swimming
[[Page 11946]]
pools, hot tubs, whirlpools and fountains without fish. It is also
registered to control growth of algae, bacteria, and fungi in
recirculating cooling towers, industrial air washing systems, and as a
materials preservative in metal cutting fluids. Organic Esters of
Phosphoric Acid is used primarily as a fungicide and bacteriostat, with
the main use site being a material preservative for carpet backings.
Some other use sites include paint, textiles, vinyl products, polymeric
laminates, and epoxy flooring and tile. EPA has determined that the
data base to support reregistration is substantially complete and that
products containing Diiodomethyl p-tolyl sulfone (Amical 48), Busan 77,
and Organic Esters of Phosphoric Acid are eligible for reregistration,
provided the risks are mitigated either in the manner described in the
REDs or by another means that achieves equivalent risk reduction. Upon
submission of any required product specific data under section
4(g)(2)(B) of FIFRA and any necessary changes to the registration and
labeling (either to address concerns identified in the REDs or as a
result of product specific data), EPA will make a final reregistration
decision under section 4(g)(2)(C) of FIFRA for products containing
Diiodomethyl p-tolyl sulfone (Amical 48), Busan 77, and Organic Esters
of Phosphoric Acid.
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) (FRL-7357-9) 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, Diiodomethyl p-tolyl sulfone
(Amical 48), Busan 77, and Organic Esters of Phosphoric Acid were
reviewed through the modified 4-Phase process. Through this process,
EPA worked extensively with stakeholders and the public to reach the
regulatory decisions for Diiodomethyl p-tolyl sulfone (Amical 48),
Busan 77, and Organic Esters of Phosphoric Acid.
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
Diiodomethyl p-tolyl sulfone (Amical 48), Busan 77, and Organic Esters
of Phosphoric Acid 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 Dockets for Diiodomethyl p-tolyl sulfone
(Amical 48), Busan 77, and Organic Esters of Phosphoric Acid. 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
Diiodomethyl p-tolyl sulfone (Amical 48), Busan 77, and Organic Esters
of Phosphoric Acid 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 end-use products and either reregistering
products or taking other ``appropriate regulatory action.''
List of Subjects
Environmental protection, Pesticides and pests, Antimicrobials,
Diiodomethyl p-tolyl sulfone (Amical 48), Busan 77, Organic Esters of
Phosphoric Acid.
Dated: January 5, 2009.
Joan Harrigan-Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E9-6140 Filed 3-19-09; 8:45 am]
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