[Federal Register: September 6, 2002 (Volume 67, Number 173)]
[Notices]               
[Page 57007-57009]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se02-64]                         

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0135; FRL-7197-1]

 
Notice of Receipt of Request To Voluntarily Cancel Certain 
Pesticide Registrations for Disulfoton

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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 a request by a registrant to voluntarily cancel 
certain pesticide registrations for disulfoton, or O,O-diethyl S-[2-
(ethylthio)ethyl]phosphorodithioate.

[[Page 57008]]

 The registrant has elected to voluntarily cancel certain disulfoton 
products rather than develop the data necessary to evaluate the human 
health risks associated with these products.

DATES: Unless EPA receives comments within the public comment period 
that would merit the Agency's further review of this request, EPA will 
issue an order canceling all of these registrations effective December 
31, 2003. EPA is accepting comments on this Notice until October 7, 
2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPP-2002-0135 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION 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) 308-8005; e-mail address: scheltema.christina@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This action is directed to the public in general. You may be 
affected by this action if you manufacture, sell, distribute, or use 
disulfoton products. 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 
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get 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 at http://www.epa.gov/. 
To access this document, on the 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 listings 
at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-2002-0135. 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 Records 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 to Whom 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 docket control number OPP-2002-0135 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), 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), 
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-2002-0135. 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 that 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. Background

A. What Action Is the Agency Taking?

    EPA has received a request from Adams Technology, the authorized

[[Page 57009]]

agent for the registrant, Easy Gardener Inc., to cancel four pesticide 
products containing the active ingredient O,O-diethyl S-[2-
(ethylthio)ethyl]phosphorodithioate (disulfoton) registered under 
section 3 of FIFRA effective as of December 31, 2003. EPA completed an 
Interim Reregistration Eligibility Decision (IRED) for disulfoton on 
March 30, 2002, and issued the IRED document on July 17, 2002. As part 
of the reregistration process, Easy Gardener Inc. has elected to 
voluntarily cancel certain disulfoton products rather than develop the 
data necessary to support reregistration. The registrations with 
pending requests for voluntary cancellation are listed in the following 
table.

      Table 1.--Disulfoton Registrations with Pending Requests for
                              Cancellation
------------------------------------------------------------------------
           EPA Registration No.                     Product Name
------------------------------------------------------------------------
46260-2                                     Jobe's Spikes Systemic
                                             Insecticide with Fertilizer
                                             for Roses
------------------------------------------------------------------------
46260-12                                    Jobe's Spikes Systemic
                                             Insecticide with Fertilizer
                                             for Beautiful Trees
------------------------------------------------------------------------
46260-35                                    Jobe's Spikes Systemic
                                             Insecticide with Fertilizer
                                             for Houseplants
------------------------------------------------------------------------
46260-36                                    Ross Systemic Root Feeder
                                             Cartridge
------------------------------------------------------------------------

    FIFRA section 6(f)(1)(B) requires that EPA provide a 30-day comment 
period in which the public may comment before the Agency may act on the 
request for voluntary cancellation. EPA intends to grant the request 
for voluntary cancellation, unless during the comment period EPA 
receives substantive comments that would merit the Agency's further 
review of this request. For purposes of the cancellation order that the 
Agency intends to issue at the close of the comment period for this 
notice, EPA intends to include certain provisions governing the sale, 
distribution and use of existing stocks. The term ``existing stocks'' 
as defined in EPA's existing stocks policy in the Federal Register of 
June 26, 1991 (56 FR 29362) (FRL-3846-4), means those stocks of a 
registered pesticide product 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. EPA intends to permit sale 
and distribution of the existing stocks by the registrant until 
December 31, 2004, and by persons other than the registrant until the 
existing stocks are exhausted. EPA also intends to permit use of 
existing stocks until they are exhausted, provided that such further 
use is in accordance with the EPA-approved label and labeling of the 
affected product.

B. 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 voluntary cancellation of any of its 
pesticide registrations. The Act further provides that, before acting 
on the request, EPA must publish a notice of receipt of any such 
request in the Federal Register. Thereafter, the EPA Administrator may 
approve such a request.

List of Subjects

    Environmental protection, Disulfoton, Pesticides, Reregistration, 
Voluntary cancellation.


    Dated: August 28, 2002.
Susan Lewis,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 02-22729 Filed 9-5-02; 8:45 am]
BILLING CODE 6560-50-S