Dichlorvos (DDVP); Final Determination to Terminate Special Review, 72709-72710 [E7-24739]

Download as PDF mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices Agency (EPA) is giving notice of a meeting of the Total Coliform Rule Distribution System Advisory Committee (TCRDSAC). The purpose of this meeting is to discuss the Total Coliform Rule (TCR) revision and information about distribution systems issues that may impact water quality. The TCRDSAC advises and makes recommendations to the Agency on revisions to the TCR, and on what information should be collected, research conducted, and/or risk management strategies evaluated to better inform distribution system contaminant occurrence and associated public health risks. Topics to be discussed in the meeting include the research and information collection needs regarding how distribution system issues impact water quality and continued evaluation of TCR approaches. The discussion on distribution system issues includes topics such as: Potential health effects and exposure; contamination events; viability of potential risk mitigation; and link to infrastructure deterioration. DATES: The public meeting will be held on Wednesday, January 16, 2008 (8:30 a.m. to 6 p.m., Eastern Time (ET)) and Thursday, January 17, 2008 (8 a.m. to 3 p.m., ET). Attendees should register for the meeting by calling Kate Zimmer at (202) 965–6387 or by e-mail to kzimmer@resolv.org no later than January 14, 2008. ADDRESSES: The meeting will be held at RESOLVE, 1255 Twenty-Third St., NW., Suite 275, Washington DC 20037. FOR FURTHER INFORMATION CONTACT: For general information, contact Kate Zimmer of RESOLVE at (202) 965–6387. For technical inquiries, contact Ken Rotert (rotert.kenneth@epa.gov, (202) 564–5280), Standards and Risk Management Division, Office of Ground Water and Drinking Water (MC 4607M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; FAX number: (202) 564– 3767. SUPPLEMENTARY INFORMATION: The meeting is open to the public. The Committee encourages the public’s input and will take public comment starting at 5:30 p.m. on January 16, 2008, for this purpose. It is preferred that only one person present the statement on behalf of a group or organization. To ensure adequate time for public involvement, individuals interested in presenting an oral statement may notify Crystal RodgersJenkins, the Designated Federal Officer, by telephone at 202–564–5275, no later than January 14, 2008. Any person who wishes to file a written statement can do VerDate Aug<31>2005 18:37 Dec 20, 2007 Jkt 214001 so before or after a Committee meeting. Written statements received by January 14, 2008, will be distributed to all members before any final discussion or vote is completed. Any statements received on January 15, 2008, or after the meeting will become part of the permanent meeting file and will be forwarded to the members for their information. Special Accommodations For information on access or accommodations for individuals with disabilities, please contact Crystal Rodgers-Jenkins at 202–564–5275 or by e-mail at rodgers-jenkins.crystal@ epa.gov. Please allow at least 10 days prior to the meeting to give EPA as much time to process your request. Dated: December 18, 2007. Cynthia C. Dougherty, Director, Office of Ground Water and Drinking Water. [FR Doc. E7–24858 Filed 12–20–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2006–0396; FRL–8341–1] Dichlorvos (DDVP); Final Determination to Terminate Special Review Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: On September 26, 2007, EPA issued in the Federal Register, a notice proposing to terminate the Special Review of dichlorvos (DDVP) because the risks that were the basis of the Special Review are no longer of concern. The Agency offered an opportunity to provide comment on the proposal. The Agency received no substantive comments in response to the proposal and EPA is announcing its final determination to terminate the Special Review of DDVP. FOR FURTHER INFORMATION CONTACT: Susan Bartow, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (703) 6030065; fax number: (703) 308-8005; email address: bartow.susan@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are a member of the PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 72709 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–2006–0396. 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 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 https://www.epa.gov/fedrgstr. II. Background A. What Action is the Agency Taking? On February 24, 1988, the Agency published a Notice of Special Review Position Document 1 (PD 1) for pesticide products containing DDVP based on concerns for cancer, cholinesterase inhibition, and liver effects (53 FR 5542). On September 28, 1995, the Agency published a Notice of Preliminary Determination to Cancel Certain Registrations and a Draft Notice of Intent to Cancel (PD 2/3) (60 FR 50337). In the 1995 PD 2/3, the Agency determined that exposure to DDVP from the registered uses posed a carcinogenic risk of concern as well as risks of concern for cholinesterase inhibition. However, with respect to liver effects, the Agency determined that this E:\FR\FM\21DEN1.SGM 21DEN1 72710 Federal Register / Vol. 72, No. 245 / Friday, December 21, 2007 / Notices mstockstill on PROD1PC66 with NOTICES endpoint was no longer of regulatory concern. Since the initiation of Special Review and publication of the PD 2/3, additional data have become available. Based in part on these data, the Agency has changed its assessment of some of the risks associated with DDVP, and modified the terms and conditions of DDVP registrations, accordingly. Moreover, during the recently concluded reregistration process for DDVP, EPA conducted an intensive and public review of whether DDVP registrations meet the FIFRA standard for registration, culminating in the Agency’s 2006 Reregistration Eligibility Decision (RED) for DDVP. Through the reregistration processes the Agency resolved remaining concerns regarding cancer and cholinesterase effects. Accordingly, EPA has revised its assessment of DDVP since the time when the PD 1 and the PD 2/3 were published, respectively. Based on the RED, requested label amendments, and the voluntary cancellation of uses by the registrant pursuant to section 6(f) of FIFRA, EPA has determined that the risks that were the basis of the Special Review are no longer of concern. Therefore, on September 26, 2007, EPA announced its preliminary determination to terminate the Special Review of DDVP. The Agency did not receive any comments in response to its preliminary determination. This notice announces EPA’s final determination to terminate the Special Review of DDVP. To the extent that the Agency further revises its assessment of DDVP, it will do so outside of the Special Review context. 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 VerDate Aug<31>2005 18:37 Dec 20, 2007 Jkt 214001 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 154.25(c) requires the Administrator to publish a Notice of Special Review in the Federal Register. To conclude a 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. This Notice is being issued pursuant to 40 CFR 154.33. List of Subjects Environmental protection, Pesticides, Pests. PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 Dated: December 14, 2007. James Jones, Acting Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. E7–24739 Filed 12–20–07; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2007–1019; FRL–8341–8] Nicotine, 4-Aminopyridine, and Fenoxycarb; Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing this notice of receipt of requests by the registrants to voluntarily cancel their registrations of certain products containing the pesticides nicotine, 4aminopyridine, and fenoxycarb. The requests from Bonide, Inc. would terminate nicotine use in or on lawns and outdoor ornamentals; this request would not cancel the last nicotine product registered for use in the United States. The requests from Avitrol Corporation would terminate 4aminopyridine products formulated as powder; this request would not cancel the last 4-aminopyridine product registered for use in the United States. The requests from SC Johnson & Son, Inc. would terminate fenoxycarb use in indoor residential areas; this request would not cancel the last fenoxycarb product registered for use in the United States. The requests from Syngenta would terminate fenoxycarb use by residential handlers; this request would not cancel the last fenoxycarb product registered for use in the United States. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw their requests within this period. Upon acceptance of these requests, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order. DATES: Comments must be received on or before January 22, 2008. ADDRESSES: Submit your comments, identified by docket identification (ID) E:\FR\FM\21DEN1.SGM 21DEN1

Agencies

[Federal Register Volume 72, Number 245 (Friday, December 21, 2007)]
[Notices]
[Pages 72709-72710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24739]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0396; FRL-8341-1]


Dichlorvos (DDVP); Final Determination to Terminate Special 
Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: On September 26, 2007, EPA issued in the Federal Register, a 
notice proposing to terminate the Special Review of dichlorvos (DDVP) 
because the risks that were the basis of the Special Review are no 
longer of concern. The Agency offered an opportunity to provide comment 
on the proposal. The Agency received no substantive comments in 
response to the proposal and EPA is announcing its final determination 
to terminate the Special Review of DDVP.

FOR FURTHER INFORMATION CONTACT: Susan Bartow, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 603-0065; fax 
number: (703) 308-8005; e-mail address: bartow.susan@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are 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-2006-0396. 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 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 https://www.epa.gov/fedrgstr.

II. Background

A. What Action is the Agency Taking?

    On February 24, 1988, the Agency published a Notice of Special 
Review Position Document 1 (PD 1) for pesticide products containing 
DDVP based on concerns for cancer, cholinesterase inhibition, and liver 
effects (53 FR 5542). On September 28, 1995, the Agency published a 
Notice of Preliminary Determination to Cancel Certain Registrations and 
a Draft Notice of Intent to Cancel (PD 2/3) (60 FR 50337). In the 1995 
PD 2/3, the Agency determined that exposure to DDVP from the registered 
uses posed a carcinogenic risk of concern as well as risks of concern 
for cholinesterase inhibition. However, with respect to liver effects, 
the Agency determined that this

[[Page 72710]]

endpoint was no longer of regulatory concern. Since the initiation of 
Special Review and publication of the PD 2/3, additional data have 
become available. Based in part on these data, the Agency has changed 
its assessment of some of the risks associated with DDVP, and modified 
the terms and conditions of DDVP registrations, accordingly. Moreover, 
during the recently concluded reregistration process for DDVP, EPA 
conducted an intensive and public review of whether DDVP registrations 
meet the FIFRA standard for registration, culminating in the Agency's 
2006 Reregistration Eligibility Decision (RED) for DDVP. Through the 
reregistration processes the Agency resolved remaining concerns 
regarding cancer and cholinesterase effects. Accordingly, EPA has 
revised its assessment of DDVP since the time when the PD 1 and the PD 
2/3 were published, respectively. Based on the RED, requested label 
amendments, and the voluntary cancellation of uses by the registrant 
pursuant to section 6(f) of FIFRA, EPA has determined that the risks 
that were the basis of the Special Review are no longer of concern. 
Therefore, on September 26, 2007, EPA announced its preliminary 
determination to terminate the Special Review of DDVP. The Agency did 
not receive any comments in response to its preliminary determination. 
This notice announces EPA's final determination to terminate the 
Special Review of DDVP. To the extent that the Agency further revises 
its assessment of DDVP, it will do so outside of the Special Review 
context.

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 
154.25(c) requires the Administrator to publish a Notice of Special 
Review in the Federal Register. To conclude a 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. This Notice is being issued pursuant to 
40 CFR 154.33.

List of Subjects

    Environmental protection, Pesticides, Pests.


    Dated: December 14, 2007.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
[FR Doc. E7-24739 Filed 12-20-07; 8:45 am]
BILLING CODE 6560-50-S
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