[Federal Register Volume 73, Number 219 (Wednesday, November 12, 2008)]
[Notices]
[Pages 66893-66895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26718]


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ENVIRONMENTAL PROTECTION AGENCY

EPA-HQ-OPP-2007-0588;FRL-8388-5]


Acrolein, d-Phenothrin, and Sulfometuron Methyl, Reregistration 
Eligibility Decision; 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 Decisions (REDs) for the pesticides acrolein, d-phenothrin, 
and sulfometuron methyl, and opens a public comment period on this 
document. The Agency's risk assessments and other related documents 
also are available in the acrolein, d-phenothrin, and sulfometuron 
methyl Dockets. Acrolein is a biocide used as a herbicide in irrigation 
canals and as an antimicrobial agent for drilling muds in the petroleum 
industry. d-Phenothrin is a synthetic pyrethroid with indoor uses in 
foggers, carpet powders, crack and crevice treatments, and pet care 
products and outdoor uses as a mosquito adulticide. Sulfometuron methyl 
is a non-selective sulfonylurea herbicide primarily used for weed 
control in forestry and vegetative management. Neither acrolein, d-
phenothrin, or sulfometuron methyl have any food uses. EPA has reviewed 
acrolein, d-phenothrin, and sulfometuron methyl 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 January 12, 2009.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) numbers EPA-HQ-OPP-2007-0588 (Acrolein); EPA-HQ-OPP-2008-0140 (d-
Phenothrin); EPA-HQ-OPP-2008-0129 (Sulfometuron Methyl), 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 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 ID numbers EPA-HQ-OPP-
2007-0588 (Acrolein); EPA-HQ-OPP-2008-0140 (d-Phenothrin); EPA-HQ-OPP-
2008-0129 (Sulfometuron Methyl). 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

[[Page 66894]]

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: Laura Parsons, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-5776; fax 
number: (703) 308-7042; 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: 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 REDs for the pesticides, acrolein, d-phenothrin, and 
sulfometuron methyl under section 4(g)(2)(A) of FIFRA. Acrolein is a 
biocide used as a herbicide in irrigation canals and as an 
antimicrobial agent for drilling muds in the petroleum industry. d-
Phenothrin is a pyrethroid with indoor uses of foggers, carpet powders, 
crack and crevice treatments, and pet care products and outdoor uses as 
a mosquito adulticide. Sulfometuron methyl is a non-selective 
sulfonylurea herbicide primarily used for weed control in forestry and 
vegetative management. Neither acrolein, sulfometuron methyl, or d-
phenothrin have any food uses. EPA has determined that the database to 
support reregistration is substantially complete and that products 
containing acrolein, d-phenothrin, and sulfometuron methyl are eligible 
for reregistration, provided the risks are mitigated either in the 
manner described in the RED 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 RED 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 acrolein, d-phenothrin, and sulfometuron 
methyl.

      Table 1.--Reregistration Eligibility Decision Dockets Opening
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                                                       Chemical Review
  Reregistration Case Name and                        manager, Telephone
             Number               Docket ID Number      Number, E-mail
                                                           Address
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Acrolein, 2005                   EPA--HQ-OPP-2007-0  Laura Parsons
                                  588                (703) 305-5776,
                                                     [email protected]
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d-Phenothrin, 0426               EPA-HQ-OPP-2008-01  Jennifer
                                  40                  Howenstine,
                                                     (703) 305-0741,
                                                     [email protected]
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Sulfometuron Methyl, 3136        EPA-HQ-OPP-2008-01  Rusty Wasem,
                                  29                 (703) 305-6979,
                                                     [email protected]
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[[Page 66895]]

    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 their uses, risks, and other factors, d-phenothrin and 
sulfometuron methyl were reviewed through the modified 4-Phase public 
participation process. Acrolein was reviewed through the 6-phase 
process. Through this process, EPA worked extensively with stakeholders 
and the public to reach the regulatory decisions for acrolein, d-
phenothrin, and sulfometuron methyl.

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.

    Dated: October 31, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E8-26718 Filed 11-10-08; 8:45 am]
BILLING CODE 6560-50-S