[Federal Register Volume 67, Number 7 (Thursday, January 10, 2002)]
[Notices]
[Pages 1348-1351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-629]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPP-34165C; FRL-6817-3]


Disulfoton and Naled Receipt of Requests for Voluntary 
Cancellation of Products and Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with section 6(f)(1)(A) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is 
issuing a notice of receipt of requests from the registrants Bayer 
Corporation; Value Garden Supply, LLC; and Sergeant's Pet Products, 
Inc. to cancel some products and/or delete uses for products containing 
disulfoton, [O,O-diethyl S-(2-(ethylthio)ethyl) phosphorodithioate]; 
and naled, [1,2-dibromo-2,2-dichloro-ethyl dimethyl phosphate]. EPA 
received these requests for voluntary cancellation and use deletion in 
response to future reregistration eligibility decisions for these 
individual pesticides.

[[Page 1349]]


DATES: Comments on the requested registration cancellations and use 
deletions must be submitted to the address provided below and 
identified by docket control number OPP-34165C. Comments must be 
received on or before February 11, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided under SUPPLEMENTARY INFORMATION. To ensure proper receipt by 
EPA, you must identify docket control number OPP-34165C in the subject 
line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: For information concerning disulfoton 
contact: Christina Scheltema, Special Review and Reregistration 
Division (7508C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
telephone number: (703) 308-2201; fax number: (703) 308-8041; e-mail 
address: [email protected].
    For information concerning naled contact: Tom Myers, Special Review 
and Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, telephone number: (703) 308-8589; fax number: 
(703) 308-8041; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: This announcement consists of three parts. 
The first part contains general information. The second part addresses 
the registrants' requests for registration cancellations and amendments 
to delete uses. The third part proposes existing stock provisions that 
will be set forth in the cancellation order the Agency intends to issue 
at the close of the comment period for this announcement, absent 
adverse comments.

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. You may be 
potentially affected by this action if you manufacture, sell, 
distribute or use disulfoton or naled products. The Congressional 
Review Act, 5 U.S.C. 801 et seq., as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, does not apply because 
this action is not a rule, for purposes of 5 U.S.C. 804(3). Since other 
entities may also 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 or persons listed under FOR 
FURTHER INFORMATION CONTACT.

B. How Can I Obtain Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listing 
at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-34165C. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Record Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

C. How and When Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify a docket control number OPP-34165C in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), U.S. 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-34165C. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of the information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any 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 version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.

[[Page 1350]]

    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Receipt of Requests to Cancel and Amend Registrations to Delete 
Uses.

A. Background

    EPA is publishing a single notice in response to registrants' 
requests to cancel products and/or delete product uses for disulfoton 
and naled from their labels. (See the table below for specific 
information regarding the cancellation or deletion requests).
    Registration Eligibility Decision (RED) documents summarize the 
findings of EPA's reregistration process for individual chemical cases, 
and reflect the Agency's decisions on risk assessment and risk 
management for uses of individual pesticides. Naled and disulfoton 
belong to a group of pesticides known collectively as organophosphates 
(OPs). EPA will issue Interim Reregistration Eligibility Decisions 
assessing the risks of exposure from individual organophosphates in the 
near future. EPA will also consider the cumulative risks from all 
organophosphates, as they all share a common mechanism of toxicity 
affecting the nervous system by inhibiting cholinesterase.
    Disulfoton is an insecticide first registered in 1961, to control a 
variety of pests affecting domestic indoor and outdoor potted plants 
and ornamentals, including herbaceous plants, flowers, woody shrubs and 
trees. Naled is an insecticide and acaricide first registered in the 
United States in 1959, primarily used to control mosquitos (70% of its 
use). As part of the reregistration process, Value Garden Supply, LLC 
and Bayer Corporation have elected to voluntarily cancel certain 
products and/or delete product uses from their product labels rather 
than develop the data necessary to support reregistration. Sergeant's 
Pet Products has requested voluntary cancellation of certain end-use 
product registrations.
    EPA will consider any comments received within 30 days of 
publication of this notice in the Federal Register prior to cancelling 
affected uses.

B. Requests for Voluntary Amendments to Delete Uses From the 
Registrations of End-Use and Technical Product Labels

    Pursuant to section 6(f)(1)(A) of FIFRA, the following companies 
have submitted a request to amend some of their technical and/or end-
use registrations of pesticide products containing disulfoton and 
naled, deleting the listed product(s) bearing such use. The 
registrations, for which amendments to delete products and/or uses were 
requested, are identified in the following table:

                                                  Notice for Voluntary Cancellation of Registered Uses
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              Products Affected
              Chemical                       PC Code             Company Address        Nature of Action         (EPA Reg. #)           Uses Deleted
--------------------------------------------------------------------------------------------------------------------------------------------------------
Disulfoton                           032501                  Bayer Corporation       Use deletions          Di-Syston Technical    Dry beans, peas and
                                                             8400 Hawthorn Road....                         (3125-183)...........  lentils, poplars
                                                             P.O. Box 4913.........                         Di-Syston 68% Con-...   grown for
                                                             Kansas City, MO.......                         centrate (3125-158)..  pulpwood, sorghum,
                                                             64120-0013............                         Di-Syston 15% (3125-    soy-
                                                                                                             172).                 beans, tobacco,
                                                                                                            Di-Syston 8 (3125-      triticale
                                                                                                             307).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Disulfoton                           032501                  Value Garden Supply,    Product cancellations  Rigo Insyst-D (70-
                                                              LLC                      ...................   236)
                                                             Rt. 2 Box 956.........                         Pratt Noculate
                                                             New Castle, VA 24127..                          Systemic.
                                                               ....................                         Insecticide Granule..
                                                                                                            (769-850)............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Naled                                034401                  Sergeant's Pet          Product cancellations  Sergeant's Sentry IV
                                                             Products, Inc.........                         Flea and Tick Collar
                                                             P.O. Box 18993........                          for.
                                                             Memphis, TN 3818......                         Dogs (2517-43).......
                                                                                                            Sergeant's Sentry IV
                                                                                                             for.
                                                                                                            Cats (2517-44).......
                                                                                                            Sergeant's Sentry V
                                                                                                             Flea.
                                                                                                            and Tick Collar for
                                                                                                             Dogs.
                                                                                                            (2517-45)............
                                                                                                            Sergeant's Sentry V..
                                                                                                            Tick Collar for Cats.
                                                                                                            (2517-46)............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be amended to delete one or 
more pesticide uses or request a voluntary cancellation of a product 
registration. The aforementioned companies have requested to amend 
their registrations and that EPA waive any applicable 180-day comment 
period that applies to cancellation and/or deletion of minor 
agricultural uses. In light of this request, EPA is granting the 
request to waive the 180-day comment period and is providing a 30-day 
public comment period before taking action on the requested amendments 
to delete uses or cancel product registrations. EPA intends to grant 
the requested amendments to delete uses or cancel

[[Page 1351]]

product registrations at the close of the comment period for this 
announcement.

III. Proposed Existing Stocks Provisions

    The registrants have requested voluntary cancellation for the 
disulfoton and naled registrations identified in the table. EPA intends 
to grant the requests for voluntary cancellations and use deletions. 
For purposes of the cancellation order that the Agency intends to issue 
at the close of the comment period for this announcement, the term 
``existing stocks'' will be defined, as prescribed in the Federal 
Register of June 26, 1991 (56 FR 29362) (FRL-3846-4), as those stocks 
of a registered pesticide product which are currently used in the 
United States and which have been packaged, labeled, and released for 
shipment prior to the effective date of the cancellation or amendment. 
For disulfoton products, EPA intends to permit registrants of these 
products to distribute and sell existing stocks of cancelled products 
or products bearing deleted uses for 12 months from the effective date 
of cancellation. In the case of naled, the registrant has requested the 
effective date of cancellation to be March 1, 2002, as well as a 
provision for the sale or distribution of existing stocks until 
December 31, 2002. EPA intends to grant this request. The Agency also 
intends to permit all persons other than the registrant to sell, 
distribute, or use disulfoton or naled products until supplies are 
exhausted. Any distribution, sale, or use of existing stocks that is 
not consistent with the terms of that order will be considered a 
violation of section 12(a)(2)(K) and/or 12(a)(1)(A) of FIFRA.

List of Subjects

    Environmental protection, disulfoton, naled, use terminations/
deletions, administrative practice and procedure, agricultural 
commodities, pesticides and pests.

    Dated: January 2, 2002.
  Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 02-629 Filed 1-9-02; 8:45 am]
BILLING CODE 6560-50-S