Ethyl Parathion; Proposal Not to Initiate the Special Review and Tributyltin Antifoulants; Proposal to Terminate Special Review, 44516-44518 [E7-15110]
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44516
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Notices
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: July 26, 2007.
Peter Caulkins,
Acting Director, Special Review and
Reregistration Division, Office of Pesticide
Programs.
[FR Doc. E7–15248 Filed 8–7–07; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2007–0435; FRL–8133–7]
Ethyl Parathion; Proposal Not to
Initiate the Special Review and
Tributyltin Antifoulants; Proposal to
Terminate Special Review
Environmental Protection
Agency (EPA).
ACTION: Notice.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: This notice announces the
Agency’s intention not to initiate a
Special Review of Ethyl Parathion and
its proposal to terminate the Special
Review of Tributyltin (TBT) used in
antifouling paints. The Agency is
proposing these actions because all
pesticide registrations of ethyl parathion
and all TBT antifouling paints are
canceled.
DATES: Comments must be received on
or before September 7, 2007.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2007–0435, by
one of the following methods:
• Federal eRulemaking Portal: https://
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’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
VerDate Aug<31>2005
19:14 Aug 07, 2007
Jkt 211001
deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2007–
0435. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
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 email. The Federal 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 email 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 of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the docket index available
in regulations.gov. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
web site to view the docket index or
access available documents. 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 https://
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
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
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:
Richard P. Dumas, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 308–
8015; fax number: (703) 308–8005; email address: dumas.richard@epa.gov.
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:
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
E:\FR\FM\08AUN1.SGM
08AUN1
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Notices
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
sroberts on PROD1PC70 with NOTICES
A. What Action is the Agency Taking?
1. Ethyl Parathion: On May 16, 1986,
as required by 40 CFR 154.21, EPA
provided the registrants a preliminary
notification that EPA was considering
initiating a Special Review of Ethyl
Parathion. The basis for the concern was
acute toxicity to humans from oral and
dermal exposure and to birds from
dietary and dermal exposures. In 1991,
to address the human health concerns,
the registrants voluntarily canceled
many uses of ethyl parathion and
imposed several mitigation measures for
the remaining nine uses.
In 2002, all products being
manufactured for sale in the U.S. were
voluntarily canceled. However, four
ethyl parathion product registrations
held by Drexel Chemical Company that
had not been manufactured for several
years were not included in the 2002
cancellation actions. On March 16,
2005, Drexel Chemical Company
requested voluntary cancellation for the
four registrations. The cancellation of
the four remaining ethyl parathion
product registrations was effective on
December 13, 2006.
Under 40 CFR 154.23, the
Administrator must provide his
rationale for not initiating a Special
Review and provide an opportunity for
comment. Because there are no
remaining product registrations, and
thus the risk concerns have been
mitigated, EPA is proposing not to
initiate a Special Review for Ethyl
Parathion. The public will have until
September 7, 2007 to comment on this
proposal. Once comments are reviewed,
EPA will issue a notice in the Federal
Register with its final determination as
to whether or not to initiate a Special
Review for Ethyl Parathion.
VerDate Aug<31>2005
19:14 Aug 07, 2007
Jkt 211001
2. Tribuyltin Antifoulants: The
Special Review of Tribuyltin
Antifoulants was initiated on January 8,
1986. Studies indicated toxicity to nontarget marine and fresh water organisms
at low levels, in some cases, at the parts
per trillion level. On October 4, 1988,
EPA partially concluded the Special
Review for Tributyltin Antifoulants (53
FR 390222-41). The Special Review was
concluded except for the issue of the
release rates of TBT from antifoulant
paints into the environment. Since that
time, all antifouling paint products
containing TBT have been voluntarily
canceled. The last cancellation was
effective on December 1, 2005. Under 40
CFR 154.31, the Administrator must
provide his rationale for terminating a
Special Review and provide an
opportunity for comment. Because there
are no remaining pesticide registrations
for the antifouling paint use, EPA is
proposing to terminate the Special
Review of Tributytin Anitfoulants. The
public will have until September 7,
2007 to comment on this proposal. Once
comments are reviewed, EPA will issue
a notice in the Federal Register with its
final determination as to whether or not
to terminate the Special Review of
Tributytin Antifoulants.
B. What is the Agency’s Authority for
Taking this Action?
A pesticide product may be sold or
distributed in the United States only if
it is registered or exempt from
registration under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA) as amended (7 U.S.C. 136
et seq.). Before a product can be
registered it must be shown that it can
be used without causing ‘‘unreasonable
adverse effects on the environment,’’
FIFRA section 3(c)(5). The term
‘‘unreasonable adverse effects on the
environment’’ is defined in FIFRA
section 2(bb) as ‘‘any unreasonable risk
to man or the environment, taking into
account the economic, social, and
environmental costs and benefits of the
use of any pesticide.’’ The burden of
proving that a pesticide meets this
standard for registration is, at all times,
on the proponent of initial or continued
registration. If at any time the Agency
determines that a pesticide no longer
meets this standard, the Administrator
may cancel this registration under
section 6 of FIFRA.
The Special Review process provides
a mechanism to permit public
participation in EPA’s deliberations
prior to issuance of any Notice of Final
Determination describing the regulatory
action which the Administrator has
selected. The Special Review process,
which was previously called the
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
44517
Rebuttable Presumption Against
Registration (RPAR) process, is
described in 40 CFR part 154, published
in the Federal Register of November 25,
1985 (50 FR 49015). The purpose of this
process is to determine whether some or
all registrations of a particular active
ingredient or ingredients meet the
FIFRA standard for registration, or
whether amendment of the terms and
conditions of registration or cancellation
of portions or all of the registrations is
appropriate.
Prior to formal initiation of a Special
Review, a preliminary notification is
sent to registrants and applicants for
registration pursuant to 40 CFR part
154.21 announcing that the Agency is
considering commencing a Special
Review. Registrants and applicants for
registration are allowed 30 days from
receipt of the notification to comment
on the Agency’s proposal to commence
a Special Review.
If the Agency determines, after
issuance of a notification pursuant to 40
CFR 154.21, that it will not conduct a
Special Review, it is required under 40
CFR 154.23(b) to issue a proposed
decision to be published in the Federal
Register. The portion of this Notice
concerning ethyl parathion is being
issued pursuant to 40 CFR 154.23(b).
That regulation requires that a period of
not less than 30 days be provided for
public comment on the Proposed
Decision Not to Initiate a Special
Review. Subsequent to receipt and
evaluation of comments on the
Proposed Decision Not to Initiate a
Special Review, pursuant to 40 CFR
154.25 the Administrator must publish
in the Federal Register his final
decision regarding whether or not to
initiate a Special Review.
If the Agency determines, after
issuance of a notification pursuant to 40
CFR 154.21, that it will initiate a Special
Review, 40 CFR 154.23(c) requires the
Administrator to publish a Notice of
Special Review in the Federal Register.
To conclude the Special Review after a
Special Review has been initiated, 40
CFR 154.31 requires the Administrator
to first publish a Notice of Preliminary
Determination in the Federal Register.
The portion of this Notice concerning
the Tributylin Antifoulants is being
issued pursuant to 40 CFR 154.31. That
regulation requires the Administrator to
respond to all significant comments
received on the Notice of Special
Review and, among other things, make
a preliminary determination of whether
any of the applicable risk criteria have
been satisfied. Finally, after receipt and
evaluation of comments on the Notice of
Preliminary Determination, 40 CFR
154.33 requires that the Administrator
E:\FR\FM\08AUN1.SGM
08AUN1
44518
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Notices
publish in the Federal Register a Notice
of Final Determination, including the
reasons for the determination.
List of Subjects
Environmental protection, Pesticides,
Pests.
Dated: July 30, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention,
Pesticides and Toxic Substances.
[FR Doc. E7–15110 Filed 8–7–07; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2007–0436; FRL–8133–8]
Oxydemeton-Methyl; Proposal to
Terminate Special Review
Environmental Protection
Agency (EPA).
ACTION: Notice.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: This notice announces EPA’s
proposed determination to terminate the
Special Review of oxydemeton-methyl
(ODM). On October 5, 1987, in the
Federal Register, EPA initiated a
Special Review of ODM because of its
potential to adversely affect
reproduction of workers who mix, load,
and apply products containing ODM.
Since the initiation of the Special
Review, additional data and more
comprehensive reviews of potential
risks associated with ODM exposure
have been completed, including those
described in the 2002 Interim
Reregistration Eligibility Decision
(IRED) for ODM. During the
reregistration process EPA conducted a
public, intensive review of ODM risks.
In the 2002 IRED and subsequent label
amendments, the Agency addressed the
occupational risk concerns, including
risks associated with potential
reproductive effects. There continues to
be evidence of reproductive effects;
however, there is no evidence that these
effects inhibit the ability of organisms to
reproduce. Similarly, further data and
analysis have addressed the concern for
heritable effects. With the label
amendments that have been made since
the initiation of Special Review, ODM
exposure is expected to be below the
levels where any reproductive effects
occur. Because the risks that were the
basis of the Special Review are no
longer of concern, the Agency is
proposing to terminate the Special
Review of ODM.
DATES: Comments must be received on
or before September 7, 2007.
VerDate Aug<31>2005
19:14 Aug 07, 2007
Jkt 211001
Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2007–0436, by
one of the following methods:
• Federal eRulemaking Portal: https://
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’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 number EPA–HQ–OPP–2007–
0436. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
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 email. The Federal 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 email 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 of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the docket index available
in regulations.gov. To access the
electronic docket, go to https://
ADDRESSES:
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
web site to view the docket index or
access available documents. 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 https://
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:
Richard P. Dumas, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 308–
8015; fax number: (703) 308–8005; email address: dumas.richard@epa.gov.
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
E:\FR\FM\08AUN1.SGM
08AUN1
Agencies
[Federal Register Volume 72, Number 152 (Wednesday, August 8, 2007)]
[Notices]
[Pages 44516-44518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15110]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-0435; FRL-8133-7]
Ethyl Parathion; Proposal Not to Initiate the Special Review and
Tributyltin Antifoulants; Proposal to Terminate Special Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the Agency's intention not to initiate a
Special Review of Ethyl Parathion and its proposal to terminate the
Special Review of Tributyltin (TBT) used in antifouling paints. The
Agency is proposing these actions because all pesticide registrations
of ethyl parathion and all TBT antifouling paints are canceled.
DATES: Comments must be received on or before September 7, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0435, by one of the following methods:
Federal eRulemaking Portal: https://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'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 number EPA-HQ-OPP-
2007-0435. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
https://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 Federal 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 of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
https://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. 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 https://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: Richard P. Dumas, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8015; fax
number: (703) 308-8005; e-mail address: dumas.richard@epa.gov.
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:
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
[[Page 44517]]
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?
1. Ethyl Parathion: On May 16, 1986, as required by 40 CFR 154.21,
EPA provided the registrants a preliminary notification that EPA was
considering initiating a Special Review of Ethyl Parathion. The basis
for the concern was acute toxicity to humans from oral and dermal
exposure and to birds from dietary and dermal exposures. In 1991, to
address the human health concerns, the registrants voluntarily canceled
many uses of ethyl parathion and imposed several mitigation measures
for the remaining nine uses.
In 2002, all products being manufactured for sale in the U.S. were
voluntarily canceled. However, four ethyl parathion product
registrations held by Drexel Chemical Company that had not been
manufactured for several years were not included in the 2002
cancellation actions. On March 16, 2005, Drexel Chemical Company
requested voluntary cancellation for the four registrations. The
cancellation of the four remaining ethyl parathion product
registrations was effective on December 13, 2006.
Under 40 CFR 154.23, the Administrator must provide his rationale
for not initiating a Special Review and provide an opportunity for
comment. Because there are no remaining product registrations, and thus
the risk concerns have been mitigated, EPA is proposing not to initiate
a Special Review for Ethyl Parathion. The public will have until
September 7, 2007 to comment on this proposal. Once comments are
reviewed, EPA will issue a notice in the Federal Register with its
final determination as to whether or not to initiate a Special Review
for Ethyl Parathion.
2. Tribuyltin Antifoulants: The Special Review of Tribuyltin
Antifoulants was initiated on January 8, 1986. Studies indicated
toxicity to non-target marine and fresh water organisms at low levels,
in some cases, at the parts per trillion level. On October 4, 1988, EPA
partially concluded the Special Review for Tributyltin Antifoulants (53
FR 390222-41). The Special Review was concluded except for the issue of
the release rates of TBT from antifoulant paints into the environment.
Since that time, all antifouling paint products containing TBT have
been voluntarily canceled. The last cancellation was effective on
December 1, 2005. Under 40 CFR 154.31, the Administrator must provide
his rationale for terminating a Special Review and provide an
opportunity for comment. Because there are no remaining pesticide
registrations for the antifouling paint use, EPA is proposing to
terminate the Special Review of Tributytin Anitfoulants. The public
will have until September 7, 2007 to comment on this proposal. Once
comments are reviewed, EPA will issue a notice in the Federal Register
with its final determination as to whether or not to terminate the
Special Review of Tributytin Antifoulants.
B. What is the Agency's Authority for Taking this Action?
A pesticide product may be sold or distributed in the United States
only if it is registered or exempt from registration under the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA) as amended (7 U.S.C.
136 et seq.). Before a product can be registered it must be shown that
it can be used without causing ``unreasonable adverse effects on the
environment,'' FIFRA section 3(c)(5). The term ``unreasonable adverse
effects on the environment'' is defined in FIFRA section 2(bb) as ``any
unreasonable risk to man or the environment, taking into account the
economic, social, and environmental costs and benefits of the use of
any pesticide.'' The burden of proving that a pesticide meets this
standard for registration is, at all times, on the proponent of initial
or continued registration. If at any time the Agency determines that a
pesticide no longer meets this standard, the Administrator may cancel
this registration under section 6 of FIFRA.
The Special Review process provides a mechanism to permit public
participation in EPA's deliberations prior to issuance of any Notice of
Final Determination describing the regulatory action which the
Administrator has selected. The Special Review process, which was
previously called the Rebuttable Presumption Against Registration
(RPAR) process, is described in 40 CFR part 154, published in the
Federal Register of November 25, 1985 (50 FR 49015). The purpose of
this process is to determine whether some or all registrations of a
particular active ingredient or ingredients meet the FIFRA standard for
registration, or whether amendment of the terms and conditions of
registration or cancellation of portions or all of the registrations is
appropriate.
Prior to formal initiation of a Special Review, a preliminary
notification is sent to registrants and applicants for registration
pursuant to 40 CFR part 154.21 announcing that the Agency is
considering commencing a Special Review. Registrants and applicants for
registration are allowed 30 days from receipt of the notification to
comment on the Agency's proposal to commence a Special Review.
If the Agency determines, after issuance of a notification pursuant
to 40 CFR 154.21, that it will not conduct a Special Review, it is
required under 40 CFR 154.23(b) to issue a proposed decision to be
published in the Federal Register. The portion of this Notice
concerning ethyl parathion is being issued pursuant to 40 CFR
154.23(b). That regulation requires that a period of not less than 30
days be provided for public comment on the Proposed Decision Not to
Initiate a Special Review. Subsequent to receipt and evaluation of
comments on the Proposed Decision Not to Initiate a Special Review,
pursuant to 40 CFR 154.25 the Administrator must publish in the Federal
Register his final decision regarding whether or not to initiate a
Special Review.
If the Agency determines, after issuance of a notification pursuant
to 40 CFR 154.21, that it will initiate a Special Review, 40 CFR
154.23(c) requires the Administrator to publish a Notice of Special
Review in the Federal Register. To conclude the Special Review after a
Special Review has been initiated, 40 CFR 154.31 requires the
Administrator to first publish a Notice of Preliminary Determination in
the Federal Register. The portion of this Notice concerning the
Tributylin Antifoulants is being issued pursuant to 40 CFR 154.31. That
regulation requires the Administrator to respond to all significant
comments received on the Notice of Special Review and, among other
things, make a preliminary determination of whether any of the
applicable risk criteria have been satisfied. Finally, after receipt
and evaluation of comments on the Notice of Preliminary Determination,
40 CFR 154.33 requires that the Administrator
[[Page 44518]]
publish in the Federal Register a Notice of Final Determination,
including the reasons for the determination.
List of Subjects
Environmental protection, Pesticides, Pests.
Dated: July 30, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E7-15110 Filed 8-7-07; 8:45 am]
BILLING CODE 6560-50-S