Federal Register: July 22, 2009 (Volume 74, Number 139)
DOCID: fr22jy09-67 FR Doc E9-17171
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
EPA ID: [EPA-HQ-OPP-2009-0503; FRL-8427-2]
ACTION: Receipt of Requests for Label Amendments:
DOCUMENT ACTION: Notice.
Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations
DATES: Comments must be received on or before August 21, 2009.
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 registrants to voluntarily cancel their registrations of products containing the pesticides disulfoton and methamidophos. The requests would terminate the last disulfoton and methamidophos products registered for use in the United States. EPA intends to grant these requests 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 requests, or unless the registrants withdraw their requests within this period. Upon acceptance of these requests, 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.
Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations
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 email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CDROM that you mail to EPA, mark the outside of the disk or CDROM as CBI and then identify electronically within the disk or CDROM 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 Requests to Cancel Registrations
This notice announces receipt by EPA of requests from registrants
Bayer CropScience, Bayer Environmental Science, Bayer Advanced (these
registrants are collectively referred to henceforth as ``Bayer''), and Amvac Chemical to cancel six disulfoton Section3 product
registrations, five methamidophos Section3 product registrations, thirteen disulfoton Special Local Need registrations, and seventeen methamidophos Special Local Need registrations. Disulfoton is an organophosphate insecticide registered for use on asparagus, beans, broccoli, Brussels sprouts, cabbage, cauliflower, cotton, coffee beans, lettuce, radish grown for seed, Christmas trees, Easter lilies, and residential ornamentals. Methamidophos is an organophosphate insecticide registered for the control of a broad spectrum of insects on cotton, potato, tomato, and alfalfa grown for seed. Bayer will amend its product registrations by terminating the use of methamidophos on cotton as of September 30, 2009. Existing stocks labeled for use on cotton may be sold and distributed by persons other than the registrant until July 31, 2010. Existing stocks labeled for use on cotton may be used until September 30, 2010, provided that such use complies with the EPAapproved label and labeling of the product.
In letters dated June 16, 2009 and June 18, 2009, Bayer requested EPA cancel its remaining methamidophos and disulfoton pesticide product registrations identified in Table 1 of this notice. In a letter dated May 5, 2009, Amvac Chemical Corp. requested EPA cancel its disulfoton pesticide product registration identified in Table 1 of this notice. Cancelling these pesticide products will result in the termination of all remaining disulfoton and methamidophos products registered for use in the United States.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of requests from registrants to cancel disulfoton and methamidophos product registrations. The affected products and the registrants making the requests 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 30day 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 180day 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 [[Page 36206]]
2. The Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment.
The disulfoton and methamidophos registrants have requested that EPA waive the 180day comment period. EPA will provide a 30day comment period on the proposed requests.
Unless a request is withdrawn by the registrant within 30days 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 the affected registrations.
Table 1.Disulfoton and Methamidophos Product Registrations with Pending Requests for Cancellation
Registration Number Product Name Active Ingredient 264723 DiSyston 15% Disulfoton Granular
264725 Disulfoton Disulfoton Technical
264729 Monitor 4 Methamidophos 264734 Disulfoton 8 Disulfoton Emulsifiable
264741 Monitor Technical Methamidophos 264744 Monitor 60% Methamidophos Concentrate
2641020 Monitor 4 Spray Methamidophos 2641021 Valent Monitor Methamidophos Technical
4321286 Systemic 2 in 1 Disulfoton Rose Care 1010
10 Rose Food with
54818989 Terraclor SuperX Disulfoton Soil Fungicide
7215549 Flower Rose and Disulfoton Shrub Care
AR970004 Monitor 4 Methamidophos CA050010 Di Syston 8 Disulfoton Emulsifiable
CA780163 Monitor 4 Methamidophos CA810044 Di Syston 8 Disulfoton Emulsifiable
CA840192 Di Syston 8 Disulfoton Emulsifiable
CA980013 Monitor 4 Methamidophos DE910002 Monitor 4 Methamidophos FL800046 Monitor 4 Methamidophos FL900003 Monitor 4 Methamidophos GA900001 Monitor 4 Methamidophos IN790001 Monitor 4 Methamidophos LA040011 Monitor 4 Liquid Methamidophos Insecticide
MD910009 Monitor 4 Methamidophos MI060002 Di Syston 8 Disulfoton Emulsifiable
NC860005 Di Syston 8 Disulfoton Emulsifiable
NC880001 DiSyston 15% Disulfoton Granular
NC890007 Monitor 4 Methamidophos NC920011 DiSyston 15% Disulfoton Granular
NJ960010 Monitor 4 Methamidophos OH790008 Monitor 4 Methamidophos OR040030 Di Syston 8 Disulfoton Emulsifiable
OR050024 DiSyston Disulfoton Disulfoton 8
SC780007 Monitor 4 Liquid Methamidophos Insecticide
TN060002 Monitor 4 Liquid Methamidophos Insecticide
TX910016 Monitor 4 Methamidophos VA910005 Monitor 4 Methamidophos TX860007 DiSyston 8 Disulfoton Emulsifiable
WA040015 DiSyston 8 Disulfoton Emulsifiable
WA040028 DiSyston 15% Disulfoton Granular
WA920026 DiSyston 8 Disulfoton Emulsifiable
Table 2 of this unit includes the names and addresses on record for
the registrants of the products listed in Table 1 of this unit.
Table 2.Registrants Requesting Voluntary Cancellation
EPA Company Number Company Name and Address
264 Bayer CropScience,
2 T.W. Alexander Drive
Research Triangle Park,
North Carolina 27709
432 Bayer Environmental Science,
2 T.W. Alexander Drive PO Box 12014,
Research Triangle Park, North Carolina 27709 5481 Amvac Corporation 4695 Macarthur Court, Suite 1250,
Newport Beach, California 926601706
72155 Bayer Advanced
2 T.W. Alexander Drive, PO Box 12014,
Research Triangle Park, North Carolina 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 and Methamidophos
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 August 21, 2009. 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 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
Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the cancellation action.
In any order issued in response to these requests for cancellation of disulfoton and methamidophos product registrations, EPA proposes to include the following provisions for the treatment of any existing stocks of the products identified or referenced in Table 1 or 2 in Unit
FOR FURTHER INFORMATION CONTACT
Office location Product Manager Pesticide for mail and Telephone Number Email Address Special Courier Eric Olson Methamidophos Special Review and (703) 3088067 firstname.lastname@example.org Registration Division, Office of Pesticide Programs, Environmental Protection Agency 1200 Pennsylvania Ave., NW.,. Washington, DC 204600001. Eric Miederhoff Disulfoton Special Review and (703) 3478028 miederhoff.eric@ep Registration a.gov Division, Office of Pesticide Programs, Environmental Protection Agency 1200 Pennsylvania Ave., NW.,. Washington, DC 204600001.