[Federal Register Volume 71, Number 126 (Friday, June 30, 2006)]
[Notices]
[Pages 37568-37570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5892]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2002-0302; FRL-8075-9]


Dichlorvos Interim Reregistration Eligibility Decision; Notice of 
Availability

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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

SUMMARY:  This notice announces the availability of EPA's Interim 
Reregistration Eligibility Decision (IRED) for the organophosphate (OP) 
pesticide dichlorvos (DDVP), and opens a public comment period on this 
document. The Agency's risk

[[Page 37569]]

assessments and other related documents also are available in the DDVP 
Docket. DDVP is an organophosphate insecticide and fumigant registered 
for use in controlling flies, mosquitoes, gnats, cockroaches, fleas, 
and other insect pests. EPA has reviewed DDVP 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 August 29, 2006.

ADDRESSES:  Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2002-0302, 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 Drive, 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-
2002-0302. 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 Federal 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. 
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 Drive, 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:  Dayton Eckerson, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8038; fax 
number: (703) 308-8005; 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 
completed an IRED for the OP pesticide DDVP on June 23, 2006, and is 
now issuing this document for public comment. DDVP is an OP insecticide 
and fumigant registered for use in controlling flies, mosquitoes, 
gnats, cockroaches, fleas, and other

[[Page 37570]]

insect pests. Formulations of DDVP include pressurized liquid, 
granular, emulsifiable concentrate, total release aerosol, and 
impregnated material. DDVP is applied with aerosols and fogging 
equipment, with ground spray equipment, and through slow release from 
impregnated materials, such as resin strips and pet collars. DDVP is 
registered to control insect pests on agricultural sites; commercial, 
institutional and industrial sites; and for domestic use in and around 
homes (i.e., resin strips) and on pets. DDVP is used preplant in 
mushroom houses, and postharvest in storage areas for bulk, packaged 
and bagged raw and processed agricultural commodities, food 
manufacturing/processing plants, animal premises, and non-food areas of 
food-handling establishments. It is also registered for direct dermal 
pour-on treatment of cattle and poultry, and swine. DDVP is not 
registered for direct use on any field grown commodities. The DDVP IRED 
presents the Agency's conclusions on the risks posed by exposure to 
DDVP alone; however, section 408(b)(2)(D)(v) of the Federal Food, Drug, 
and Cosmetic Act (FFDCA) directs the Agency also to consider available 
information on the cumulative risk from substances sharing a common 
mechanism of toxicity. Because the OP pesticides share a common 
mechanism of toxicity, the Agency will evaluate the cumulative risk 
posed by this group before making final reregistration eligibility 
decisions on individual OPs.
    During completion of the OP cumulative assessment, the Agency is 
proceeding with risk assessments and interim risk management for 
individual OP pesticides. EPA has determined that, but for the 
cumulative risk assessment, the data base to support DDVP 
reregistration is substantially complete and that products containing 
DDVP will be eligible for reregistration, provided the risks are 
addressed in the manner described in the IRED. After assessing OP 
cumulative risks, EPA will make a final reregistration decision under 
section 4(g)(2)(C) for products containing DDVP. When the Agency 
finalizes decisions for DDVP and other OP pesticides, further risk 
mitigation may be required for DDVP. On completion of these final 
decisions for DDVP and other OP pesticides, EPA will also consider all 
DDVP tolerances, or legal limits, for residues of DDVP in or on food 
commodities to be reassessed in accordance with the current FFDCA 
safety standard.
    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, was published in the Federal Register on May 14, 
2004 (69 FR 26819) (FRL-7357-9). DDVP was reviewed through the public 
participation process during which, EPA worked with stakeholders and 
the public to reach the regulatory decisions for DDVP.
    The reregistration program is being conducted under Congressionally 
mandated time frames, and EPA recognizes the need both to make timely 
reregistration decisions and to involve the public. The Agency is 
issuing the DDVP IRED 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 IRED. 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 Docket for DDVP. 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 IRED in the Federal 
Register. In the absence of substantive comments requiring changes, the 
risk management decisions reflected in the DDVP IRED will be 
implemented as presented. These decisions may be supplemented by 
further risk mitigation measures when EPA considers its cumulative 
assessment of the OP pesticides.
    The Agency received a submission on June 2, 2006, from the Natural 
Resources Defense Council (NRDC), petitioning the Agency to conclude 
the DDVP Special Review, Reregistration and Tolerance Reassessment 
processes, and to revoke all tolerances and cancel all registrations 
for DDVP. This petition has been placed in the public docket. The IRED 
released today does not constitute a response to this petition. The 
Agency is currently reviewing this petition and will respond to it in 
conjunction with all other public comments received, after the comment 
period on the IRED closes.

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.''
    Section 408(q) of FFDCA, 21 U.S.C. 346a(q), requires EPA to review 
tolerances and exemptions for pesticide residues in effect as of August 
2, 1996, to determine whether the tolerance or exemption meets the 
requirements of section 408(b)(2) or (c)(2) of FFDCA. This review is to 
be completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 23, 2006.

Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 06-5892 Filed 6-29-06; 8:45 am]
BILLING CODE 6560-50-S