PMEP Home Page --> Pesticide Active Ingredient Information --> Insecticides and Miticides --> DDT to famphur (Warbex) --> disulfoton (Di-Syston) --> disulfoton (Di-Syston) Receipt of Requests for Voluntary Cancellation 1/02

disulfoton (Di-Syston) Receipt of Requests for Voluntary Cancellation 1/02

  

ENVIRONMENTAL PROTECTION AGENCY

[OPP-34165C; FRL-6817-3]


Disulfoton and Naled Receipt of Requests for Voluntary
Cancellation of Products and Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with section 6(f)(1)(A) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is
issuing a notice of receipt of requests from the registrants Bayer
Corporation; Value Garden Supply, LLC; and Sergeant's Pet Products,
Inc. to cancel some products and/or delete uses for products containing
disulfoton, [O,O-diethyl S-(2-(ethylthio)ethyl) phosphorodithioate];
and naled, [1,2-dibromo-2,2-dichloro-ethyl dimethyl phosphate]. EPA
received these requests for voluntary cancellation and use deletion in
response to future reregistration eligibility decisions for these
individual pesticides.

DATES: Comments on the requested registration cancellations and use
deletions must be submitted to the address provided below and
identified by docket control number OPP-34165C. Comments must be
received on or before February 11, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided under SUPPLEMENTARY INFORMATION. To ensure proper receipt by
EPA, you must identify docket control number OPP-34165C in the subject
line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: For information concerning disulfoton
contact: Christina Scheltema, Special Review and Reregistration
Division (7508C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
telephone number: (703) 308-2201; fax number: (703) 308-8041; e-mail
address: scheltema.christina@epa.gov.
    For information concerning naled contact: Tom Myers, Special Review
and Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, telephone number: (703) 308-8589; fax number:
(703) 308-8041; e-mail address: myers.tom@epa.gov.

SUPPLEMENTARY INFORMATION: This announcement consists of three parts.
The first part contains general information. The second part addresses
the registrants' requests for registration cancellations and amendments
to delete uses. The third part proposes existing stock provisions that
will be set forth in the cancellation order the Agency intends to issue
at the close of the comment period for this announcement, absent
adverse comments.

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. You may be
potentially affected by this action if you manufacture, sell,
distribute or use disulfoton or naled products. The Congressional
Review Act, 5 U.S.C. 801 et seq., as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, does not apply because
this action is not a rule, for purposes of 5 U.S.C. 804(3). Since other
entities may also 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 or persons listed under FOR
FURTHER INFORMATION CONTACT.

B. How Can I Obtain Additional Information, Including Copies of this
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page select ``Laws and
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the
entry for this document under the Federal Register--Environmental
Documents.'' You can also go directly to the Federal Register listing
at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for
this action under docket control number OPP-34165C. The official record
consists of the documents specifically referenced in this action, any
public comments received during an applicable comment period, and other
information related to this action, including any information claimed
as Confidential Business Information (CBI). This official record
includes the documents that are physically located in the docket, as
well as the documents that are referenced in those documents. The
public version of the official record does not include any information
claimed as CBI. The public version of the official record, which
includes printed, paper versions of any electronic comments submitted
during an applicable comment period, is available for inspection in the
Public Information and Record Integrity Branch (PIRIB), Rm. 119,
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
PIRIB telephone number is (703) 305-5805.

C. How and When Do I Submit Comments?

    You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is imperative that
you identify a docket control number OPP-34165C in the subject line on
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records
Integrity Branch (PIRIB), Information Resources and Services Division
(7502C), Office of Pesticide Programs (OPP), U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Information Resources
and Services Division (7502C), Office of Pesticide Programs (OPP), U.S.
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by
e-mail to: opp-docket@epa.gov, or you can submit a computer disk as
described above. Do not submit any information electronically that you
consider to be CBI. Avoid the use of special characters and any form of
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be
identified by docket control number OPP-34165C. Electronic comments may
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to
be CBI. You may claim information that you submit to EPA in response to
this document as CBI by marking any part or all of the information as
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. In addition to one complete
version of the comment that includes any 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 version of the
official record. Information not marked confidential will be included
in the public version of the official record without prior notice. If
you have any questions about CBI or the procedures for claiming CBI,
please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection
activity.
    7. Make sure to submit your comments by the deadline in this
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket
control number assigned to this action in the subject line on the first
page of your response. You may also provide the name, date, and Federal
Register citation.

II. Receipt of Requests to Cancel and Amend Registrations to Delete
Uses.

A. Background

    EPA is publishing a single notice in response to registrants'
requests to cancel products and/or delete product uses for disulfoton
and naled from their labels. (See the table below for specific
information regarding the cancellation or deletion requests).
    Registration Eligibility Decision (RED) documents summarize the
findings of EPA's reregistration process for individual chemical cases,
and reflect the Agency's decisions on risk assessment and risk
management for uses of individual pesticides. Naled and disulfoton
belong to a group of pesticides known collectively as organophosphates
(OPs). EPA will issue Interim Reregistration Eligibility Decisions
assessing the risks of exposure from individual organophosphates in the
near future. EPA will also consider the cumulative risks from all
organophosphates, as they all share a common mechanism of toxicity
affecting the nervous system by inhibiting cholinesterase.
    Disulfoton is an insecticide first registered in 1961, to control a
variety of pests affecting domestic indoor and outdoor potted plants
and ornamentals, including herbaceous plants, flowers, woody shrubs and
trees. Naled is an insecticide and acaricide first registered in the
United States in 1959, primarily used to control mosquitos (70% of its
use). As part of the reregistration process, Value Garden Supply, LLC
and Bayer Corporation have elected to voluntarily cancel certain
products and/or delete product uses from their product labels rather
than develop the data necessary to support reregistration. Sergeant's
Pet Products has requested voluntary cancellation of certain end-use
product registrations.
    EPA will consider any comments received within 30 days of
publication of this notice in the Federal Register prior to cancelling
affected uses.

B. Requests for Voluntary Amendments to Delete Uses From the
Registrations of End-Use and Technical Product Labels

    Pursuant to section 6(f)(1)(A) of FIFRA, the following companies
have submitted a request to amend some of their technical and/or end-
use registrations of pesticide products containing disulfoton and
naled, deleting the listed product(s) bearing such use. The
registrations, for which amendments to delete products and/or uses were
requested, are identified in the following table:

                                                  Notice for Voluntary Cancellation of Registered Uses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Products Affected
              Chemical                       PC Code Company Address        Nature of Action         (EPA Reg. #) Uses Deleted
--------------------------------------------------------------------------------------------------------------------------------------------------------
Disulfoton                           032501                  Bayer Corporation       Use deletions          Di-Syston Technical    Dry beans, peas and
                                                             8400 Hawthorn Road....                         (3125-183)........... lentils, poplars
                                                             P.O. Box 4913.........                         Di-Syston 68% Con-...   grown for
                                                             Kansas City, MO.......                         centrate (3125-158).. pulpwood, sorghum,
64120-0013............                         Di-Syston 15% (3125- soy-
172).                 beans, tobacco,
Di-Syston 8 (3125-      triticale
307).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Disulfoton                           032501                  Value Garden Supply,    Product cancellations  Rigo Insyst-D (70-
                                                              LLC ...................   236)
                                                             Rt. 2 Box 956.........                         Pratt Noculate
                                                             New Castle, VA 24127..                          Systemic.
....................                         Insecticide Granule..
(769-850)............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Naled                                034401 Sergeant's Pet          Product cancellations  Sergeant's Sentry IV
Products, Inc.........                         Flea and Tick Collar
                                                             P.O. Box 18993........                          for.
                                                             Memphis, TN 3818......                         Dogs (2517-43).......
Sergeant's Sentry IV
for.
Cats (2517-44).......
Sergeant's Sentry V
Flea.
and Tick Collar for
Dogs.
(2517-45)............
Sergeant's Sentry V..
Tick Collar for Cats.
(2517-46)............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be amended to delete one or
more pesticide uses or request a voluntary cancellation of a product
registration. The aforementioned companies have requested to amend
their registrations and that EPA waive any applicable 180-day comment
period that applies to cancellation and/or deletion of minor
agricultural uses. In light of this request, EPA is granting the
request to waive the 180-day comment period and is providing a 30-day
public comment period before taking action on the requested amendments
to delete uses or cancel product registrations. EPA intends to grant
the requested amendments to delete uses or cancel
product registrations at the close of the comment period for this
announcement.

III. Proposed Existing Stocks Provisions

    The registrants have requested voluntary cancellation for the
disulfoton and naled registrations identified in the table. EPA intends
to grant the requests for voluntary cancellations and use deletions.
For purposes of the cancellation order that the Agency intends to issue
at the close of the comment period for this announcement, the term
``existing stocks'' will be defined, as prescribed in the Federal
Register of June 26, 1991 (56 FR 29362) (FRL-3846-4), as those stocks
of a registered pesticide product which are currently used in the
United States and which have been packaged, labeled, and released for
shipment prior to the effective date of the cancellation or amendment.
For disulfoton products, EPA intends to permit registrants of these
products to distribute and sell existing stocks of cancelled products
or products bearing deleted uses for 12 months from the effective date
of cancellation. In the case of naled, the registrant has requested the
effective date of cancellation to be March 1, 2002, as well as a
provision for the sale or distribution of existing stocks until
December 31, 2002. EPA intends to grant this request. The Agency also
intends to permit all persons other than the registrant to sell,
distribute, or use disulfoton or naled products until supplies are
exhausted. Any distribution, sale, or use of existing stocks that is
not consistent with the terms of that order will be considered a
violation of section 12(a)(2)(K) and/or 12(a)(1)(A) of FIFRA.

List of Subjects

    Environmental protection, disulfoton, naled, use terminations/
deletions, administrative practice and procedure, agricultural
commodities, pesticides and pests.

    Dated: January 2, 2002.
  Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 02-629 Filed 1-9-02; 8:45 am]