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]

NOTICE: NOTICES

DOCID: fr22jy09-67

ACTION: Receipt of Requests for Label Amendments:

DOCUMENT ACTION: Notice.

SUBJECT CATEGORY:

Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations

DATES: Comments must be received on or before August 21, 2009.

DOCUMENT 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 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.

SUMMARY:

Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations

SUPPLEMENTAL 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 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 Registration Number Product Name 264723 DiSyston 15% 264725 Disulfoton 264729 Monitor 4 264734 Disulfoton 8 264741 Monitor Technical 264744 Monitor 60% 2641020 Monitor 4 Spray 2641021 Valent Monitor 4321286 Systemic 2 in 1 54818989 Terraclor SuperX 7215549 Flower Rose and AR970004 Monitor 4 CA050010 Di Syston 8 CA780163 Monitor 4 CA810044 Di Syston 8 CA840192 Di Syston 8 CA980013 Monitor 4 DE910002 Monitor 4 FL800046 Monitor 4 FL900003 Monitor 4 GA900001 Monitor 4 IN790001 Monitor 4 LA040011 Monitor 4 Liquid MD910009 Monitor 4 MI060002 Di Syston 8 NC860005 Di Syston 8 NC880001 DiSyston 15% NC890007 Monitor 4 NC920011 DiSyston 15% NJ960010 Monitor 4 OH790008 Monitor 4 OR040030 Di Syston 8 OR050024 DiSyston SC780007 Monitor 4 Liquid TN060002 Monitor 4 Liquid TX910016 Monitor 4 VA910005 Monitor 4 TX860007 DiSyston 8 WA040015 DiSyston 8 WA040028 DiSyston 15% WA920026 DiSyston 8 Product Registrations with Pending Requests for Cancellation
Active Ingredient Disulfoton Granular
Disulfoton Technical
Methamidophos Disulfoton Emulsifiable
Systemic
Insecticide
Methamidophos Methamidophos Concentrate
Methamidophos Methamidophos Technical
Disulfoton Rose Care 1010
10 Rose Food with
Insecticide
Disulfoton Soil Fungicide
With DiSyston
Disulfoton Shrub Care
Methamidophos Disulfoton Emulsifiable
Systemic
Insecticide
Methamidophos Disulfoton Emulsifiable
Systemic
Insecticide
Disulfoton Emulsifiable
Systemic
Insecticide
Methamidophos Methamidophos Methamidophos Methamidophos Methamidophos Methamidophos Methamidophos Insecticide
Methamidophos Disulfoton Emulsifiable
Systemic
Insecticide
Disulfoton Emulsifiable
Systemic
Insecticide
Disulfoton Granular
Methamidophos Disulfoton Granular
[[Page 36207]]
Methamidophos Methamidophos Disulfoton Emulsifiable
Systemic
Disulfoton
Insecticide
Disulfoton Disulfoton 8
Emulsifiable
Systemic
Insecticide
Methamidophos Insecticide
Methamidophos Insecticide
Methamidophos Methamidophos Disulfoton Emulsifiable
Systemic
Insecticide
Disulfoton Emulsifiable
Systemic
Insecticide
Disulfoton Granular
Disulfoton Emulsifiable
Systemic

Insecticide

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 olson.eric@epa.gov 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.

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