[Federal Register Volume 73, Number 99 (Wednesday, May 21, 2008)]
[Notices]
[Pages 29507-29509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11325]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0340; FRL-8364-7]


Disulfoton; Notice of Receipt of Requests to Voluntarily Amend to 
Terminate Uses of Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a 
notice of receipt of requests by the registrant to amend their 
registrations to terminate certain uses of products containing the 
pesticide disulfoton. The request would terminate disulfoton use in or 
on barley and wheat. The request would also terminate the use of the 
15% granular formulation of disulfoton, Di-Syston 15G, (EPA Reg. No. 
264-723) on broccoli and ornamentals (commercial uses). Additionally, 
the request would terminate the use of Di-Syston 15G and the 
emulsifiable concentrate formulation of disulfoton, Di-Syston 8 EC, 
(EPA Reg. No. 264-734) on potatoes. The registrant's request includes 
amending the disulfoton technical product registration (EPA Reg. No. 
264-725) to terminate potato, barley, and wheat uses. The request would 
not terminate the last disulfoton products registered for use in the 
United States. EPA intends to grant this request at the close of the 
comment period for this announcement unless the Agency receives 
substantive comments within the comment period that would merit its 
further review of the request, or unless the registrant withdraws the 
request within this period. Upon acceptance of this request, any sale, 
distribution, or use of products listed in this notice will be 
permitted only if such sale, distribution, or use is consistent with 
the terms as described in the final order.

DATES: Comments must be received on or before June 20, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2004-0340, 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 
Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2004-0340. 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

[[Page 29508]]

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: 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. 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 on the Receipt of Request to Amend Registrations to 
Terminate Uses

     This notice announces receipt by EPA of a request from Bayer 
CropSciences to amend three disulfoton product registrations to 
terminate certain uses. In a letter dated November 8, 2007, Bayer 
CropSciences confirmed their intention to cancel Di-Syston 15G (EPA 
Reg. No. 264-723) use on broccoli. The 2002 disulfoton Reregistration 
Eligibility Decision (RED) determined that disulfoton uses on barley, 
wheat, and potatoes were ineligible for reregistration and were to be 
phased out by June 2005. Additionally, the Di-Syston 15G use on 
ornamentals (commercial use) was to be phased out by June 2005. These 
phase outs were necessary to mitigate drinking water, occupational, and 
ecological risks. This notice and subsequent order will finalize these 
phase-outs. These uses have been removed from their respective end-use 
product labels and Bayer CropSciences acknowledged their cancellation 
in letters dated November 16, 2007 and January 24 and February 5, 2008. 
Bayer CropScience disulfoton products that had been registered for use 
on barley, wheat, and potatoes included Di-Syston 15G (EPA Reg. No. 
264-723), Di-Syston 8 EC (EPA Reg. No. 264-734), and the disulfoton 
technical product (EPA Reg. No. 264-725). The termination of the 
subject uses for this Notice will not terminate the last disulfoton 
end-use products registered in the United States.

III. What Action is the Agency Taking?

     This notice announces receipt by EPA of a request from a 
registrant to amend product registrations to terminate certain uses of 
disulfoton. The affected products and the registrant making the request 
are identified in Tables 1 and 2 of this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be canceled or amended to 
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA 
requires that before acting on a request for voluntary cancellation, 
EPA must provide a 30-day public comment period on the request for 
voluntary cancellation or use termination. In addition, section 
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period 
on a request for voluntary cancellation or termination of any minor 
agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide 
would pose an unreasonable adverse effect on the environment.
    Bayer CropSciences, the disulfoton technical registrant, has 
requested that EPA waive the 180-day comment period. EPA will provide a 
30-day comment period on the proposed requests.

[[Page 29509]]

    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, or if the Agency determines that there are 
substantive comments that warrant further review of this request, an 
order will be issued canceling and amending the affected registrations.

                Table 1. -- Disulfoton Product Registrations with Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
         Registration Number                 Product Name          Delete From Label             Company
----------------------------------------------------------------------------------------------------------------
264-723                                Di-Syston 15G            Broccoli, Potato,        Bayer CropSciences
                                                                 Wheat, Barley,
                                                                 Ornamentals
                                                                 (commercial uses)
----------------------------------------------------------------------------------------------------------------
264-734                                Di-Syston 8 EC            Potato, Wheat, Barley   Bayer CropSciences
----------------------------------------------------------------------------------------------------------------
264-725                                Di-Syston Technical      Potato, Wheat, Barley    Bayer CropSciences
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrant of the products listed in Table 1 of this unit.

     Table 2. -- Registrant Requesting Voluntary Cancellation and/or
                               Amendments
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
264                                         Bayer CropSciences,
                                            2 T.W. Alexander Drive,
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------

IV. 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.

V. Procedures for Withdrawal of Request and Considerations for 
Reregistration of Disulfoton

     Registrants who choose to withdraw a request for cancellation must 
submit such withdrawal in writing to the person listed under FOR 
FURTHER INFORMATION CONTACT, postmarked before June 20, 2008. This 
written withdrawal of the request for cancellation will apply only to 
the applicable FIFRA section 6(f)(1) request listed in this notice. If 
the products(s) have been subject to a previous cancellation action, 
the effective date of cancellation and all other provisions of any 
earlier cancellation action are controlling.

VI. Provisions for Disposition of Existing Stocks

     In response to this request for termination of certain uses, the 
Agency proposes to issue an order which would include the following 
provisions for the treatment of any existing stocks of the products 
identified or referenced in Table 1. If the request for voluntary 
termination of certain uses is granted as discussed in unit 3, the 
Agency intends to issue a cancellation order that would allow the 
registrant to sell and distribute such existing stocks for six months 
from the date of the cancellation order and allow persons other than 
the registrant to 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. Generally, orders 
effecting requested cancellations permit a registrant to sell or 
distribute existing stocks for one year after the date the cancellation 
request was received. In this case however, the Agency has determined 
that six months will allow sufficient time for the registrant to sell 
or distribute existing stocks. The decision to phase out disulfoton 
usage on wheat, barley, and potatoes by 2005 was announced in the 2002 
RED. The technical registrant initially announced their voluntary 
cancellation of Di-Syston 15G use on broccoli in a letter dated 
September 30, 2004. Given the amount of time that has elapsed since 
these events, the Agency has determined it is unnecessary to provide 
the registrant one year to sell or distribute existing stocks. 
Consequently, the cancellation order will permit the registrant to sell 
or distribute existing stocks for six months after the date the 
cancellation order is issued. This policy is in accordance with the 
Agency's statement of policy as prescribed in the Federal Register of 
June 26, 1991 (56 FR 29362) (FRL-3846-4). Exceptions to this general 
rule will also be made if a product poses a risk concern, or is in 
noncompliance with reregistration requirements, or is subject to a data 
call-in. In all cases, product-specific disposition dates will be given 
in the cancellation orders. The Agency intends to publish the final 
cancellation order in the Federal Register.
     Existing stocks are those stocks of registered pesticide products 
which are currently in the United States and which have been packaged, 
labeled, and released for shipment prior to the effective date of the 
cancellation action. Unless the provisions of an earlier order apply, 
existing stocks already in the hands of dealers or users can be 
distributed, sold, or used legally until they are exhausted, provided 
that such further sale and use comply with the EPA-approved label and 
labeling of the affected product. Exception to these general rules will 
be made in specific cases when more stringent restrictions on sale, 
distribution, or use of the products or their ingredients have already 
been imposed, as in a Special Review action, or where the Agency has 
identified significant potential risk concerns associated with a 
particular chemical.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 13, 2008.
 Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E8-11325 Filed 5-20-08; 8:45 am]
BILLING CODE 6560-50-S