Ethyl Parathion; Final Determination Not to Initiate Special Review and Tributyltin Antifoulants; Final Determination to Terminate Special Review, 64621-64623 [E7-22374]

Download as PDF mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Notices concerns regarding reproductive effects were based primarily on the results of a two-generation rat reproduction study and interim progress reports from an ongoing male rat reproductive toxicity study. Observed reproductive effects were decreased parental body weight, parental testes weight and fertility index, vacuolation of the corpus epididymus, decreased litter size, decreased pup weight and increased pup mortality. 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. In addition, during the reregistration process EPA conducted an intensive and public review of whether or not ODM registrations meet the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) standard for registration. In the 2002 IRED and subsequent label amendments, the Agency addressed the occupational risk concerns, including risk 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. The final risk management decision regarding the risk to workers exposed to ODM was completed with the 2002 IRED. A detailed description of the rationale and supporting documents can be found in http://www.regulations.gov under EPA–HQ–OPP–2005–0281. As described above and in the 2002 IRED, concerns regarding reproductive effects were addressed under FIFRA and no further action is required at this time. As such, on August 8, 2007, EPA announced its proposed decision to terminate the Special Review of ODM. The Agency received one comment to that notice. The commenter offered no substantive information to alter EPA’s understanding of ODM risks. This notice announces EPA’s final determination to terminate the Special Review of ODM. VerDate Aug<31>2005 21:48 Nov 15, 2007 Jkt 214001 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), 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 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 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 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 64621 CFR 154.31 requires the Administrator to first publish a Notice of Preliminary Determination in the Federal Register. 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 publish in the Federal Register a Notice of Final Determination, including the reasons for the determination. This Notice is being issued pursuant to 40 CFR 154.33. List of Subjects Environmental protection, Pesticides, Pests. Dated: November 8, 2007. James Jones, Acting Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. E7–22362 Filed 11–15–07; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2007–0435; FRL–8151–3] Ethyl Parathion; Final Determination Not to Initiate Special Review and Tributyltin Antifoulants; Final Determination to Terminate Special Review Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: This notice announces the Agency’s decision not to initiate a Special Review of Ethyl Parathion and its decision to terminate the Special Review of Tributyltin (TBT) used in antifouling paints. The Agency has taken these actions because all pesticide registrations of ethyl parathion and all TBT antifouling paints are canceled. These decisions were proposed in the Federal Register on August 8, 2007 and the Agency received no comments in response to these proposed decisions. 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: E:\FR\FM\16NON1.SGM 16NON1 64622 Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Notices I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you as a member of the general public or a stakeholder such as 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. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. 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 Copies of this Document and Other Related Information? 1. Docket. EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2007–0435. Publicly available docket materials are available either in the electronic docket at http:// www.regulations.gov, or, if only available in hard copy, at the Office of Pesticide Programs (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. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at http://www.epa.gov/fedrgstr. II. Background mstockstill on PROD1PC66 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 VerDate Aug<31>2005 21:48 Nov 15, 2007 Jkt 214001 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. On August 8, 2007, EPA proposed its decision not to initiate a Special Review of Ethyl Parathion. The proposal was made because there are no longer any pesticide products registered containing ethyl parathion, and thus the risk concerns have been mitigated. The public was provided an opportunity to comment on the proposal and no comments were received. Pursuant to 40 CFR 154.25, this notice announces the Agency’s final determination not to initiate a Special Review of 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 of Tributyltin Antifoulants (53 FR 39022). 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. On August 8, 2007 EPA proposed to terminate the Special Review of Tributytin Anitfoulants because there are no remaining pesticide registrations for the antifouling paint use. The Agency received no comments in response to this proposal. Pursuant to 40 CFR 154.33, this notice announces the Agency’s final determination 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,’’ PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 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 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. 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. 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. The portion of this Notice concerning ethyl parathion is being issued pursuant to 40 CFR 154.25. E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Notices 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. 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 publish in the Federal Register a Notice of Final Determination, including the reasons for the determination. The portion of this Notice concerning the tributylin antifoulants is being issued pursuant to 40 CFR 154.33. List of Subjects Environmental protection, Pesticides and pests. Dated: November 8, 2007. James Jones, Acting Assistant Administrator, Office of Prevention, Pesticides, and Toxic Substances. [FR Doc. E7–22374 Filed 11–15–07; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2007–0944; FRL–8156–3] Petition Requesting EPA to Issue a Notice of Intent to Cancel the Registrations of M-44 Sodium Cyanide Capsules and Sodium Fluoroacetate Environmental Protection Agency (EPA). ACTION: Notice. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: EPA is seeking public comment on a January 24, 2007 petition and its addendums dated March 20, 2007 and July 27, 2007 from Sinapu, Public Employees for Environmental Responsibility (PEER), Beyond Pesticides, Forest Guardians, Predator Defense, Western Wildlife Conservancy, Sierra Club, The Rewilding Institute, Animal Defense League of Arizona, and Animal Welfare Institute, available in docket number EPA–HQ–OPP–2007– 0944, requesting that the Agency issue a Notice of Intent to Cancel the registration of M-44 sodium cyanide VerDate Aug<31>2005 21:48 Nov 15, 2007 Jkt 214001 capsules and sodium fluoroacetate (commonly known as ‘‘compound 1080’’). The Petitioners request this action to obtain what they believe would be proper application of the safety standards of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The petition, its addendums, and the sodium cyanide and sodium fluoroacetate reregistration eligibility decisions (REDs) are available in the electronic docket at http:// www.regulations.gov in docket number EPA–HQ–OPP–2007–0944 or at http:// www.epa.gov/pesticides/reregistration/ status.htm. DATES: Comments must be received on or before January 15, 2008. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2007–0944, by one of the following methods: • Federal eRulemaking Portal: http:// 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– 0944. EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line at http:// 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 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 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 64623 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 http:// 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 website 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 http:// 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: Joy Schnackenbeck, 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– 8072; fax number: (703) 308–8005; email address: schnackenbeck.joy@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 the use of pesticides. Since others also may be interested, the E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Notices]
[Pages 64621-64623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22374]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0435; FRL-8151-3]


Ethyl Parathion; Final Determination Not to Initiate Special 
Review and Tributyltin Antifoulants; Final Determination to Terminate 
Special Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the Agency's decision not to initiate a 
Special Review of Ethyl Parathion and its decision to terminate the 
Special Review of Tributyltin (TBT) used in antifouling paints. The 
Agency has taken these actions because all pesticide registrations of 
ethyl parathion and all TBT antifouling paints are canceled. These 
decisions were proposed in the Federal Register on August 8, 2007 and 
the Agency received no comments in response to these proposed 
decisions.

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:

[[Page 64622]]

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you as a member 
of the general public or a stakeholder such as 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. This listing is not intended to be exhaustive, 
but rather provides a guide for readers regarding entities likely to be 
affected by this action. Other types of entities not listed in this 
unit could also be affected. 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 Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under 
docket identification (ID) number EPA-HQ-OPP-2007-0435. Publicly 
available docket materials are available either in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the Office of Pesticide Programs (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.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr.

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.
    On August 8, 2007, EPA proposed its decision not to initiate a 
Special Review of Ethyl Parathion. The proposal was made because there 
are no longer any pesticide products registered containing ethyl 
parathion, and thus the risk concerns have been mitigated. The public 
was provided an opportunity to comment on the proposal and no comments 
were received. Pursuant to 40 CFR 154.25, this notice announces the 
Agency's final determination not to initiate a Special Review of 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 of Tributyltin Antifoulants (53 
FR 39022). 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. On August 8, 2007 EPA proposed to terminate 
the Special Review of Tributytin Anitfoulants because there are no 
remaining pesticide registrations for the antifouling paint use. The 
Agency received no comments in response to this proposal. Pursuant to 
40 CFR 154.33, this notice announces the Agency's final determination 
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 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. 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. 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. The portion of this Notice concerning ethyl 
parathion is being issued pursuant to 40 CFR 154.25.

[[Page 64623]]

    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. 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 publish in the Federal Register a Notice of Final 
Determination, including the reasons for the determination. The portion 
of this Notice concerning the tributylin antifoulants is being issued 
pursuant to 40 CFR 154.33.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: November 8, 2007.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides, and 
Toxic Substances.
[FR Doc. E7-22374 Filed 11-15-07; 8:45 am]
BILLING CODE 6560-50-S