Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Notices 75061

ENVIRONMENTAL PROTECTION 

AGENCY

[OPP–2004–0340; FRL–7689–8]

Disulfoton (Di-Syston 15G); Notice of 

Receipt of Request to Voluntarily 

Terminate Certain Uses

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

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 the 

registrant to voluntarily terminate the 

following uses of the 15% granular 

formulation of disulfoton (DiSyston 

15G): Beans, Brussels sprouts, cabbage, 

cauliflower, cotton, peanuts, peppers, 

radish grown for seed, and clover grown 

for seed. The registrant will retain use 

of Di-Syston 15G on Fraser fir Christmas 

trees in North Carolina and coffee trees 

in Puerto Rico, provided that it is used 

with a new closed system applicator. 

DiSyston 15G is not the last disulfoton 

product registered for agricultural use in 

the United States. The registrant will 

retain the registration of DiSyston 8E, 

the liquid emulsifiable concentrate, 

which must also be used with closed 

systems. However, EPA intends to grant 

this request to terminate these uses 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 this request, or unless 

the registrant withdraws their request 

within this period. Upon acceptance of 

this request, 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, identified by docket 

ID number OPP–2004–0340, must be 

received on or before June 13, 2005.

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in 

Unit I. of the SUPPLEMENTARY

INFORMATION.

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 20460–0001; 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, 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. How Can I Get Copies of this 

Document and Other Related 

Information?

1. Docket. EPA has established an 

official public docket for this action 

under docket identification (ID) number 

OPP–2004–0340. The official public 

docket consists of the documents 

specifically referenced in this action, 

any public comments received, and 

other information related to this action. 

Although a part of the official docket, 

the public docket does not include 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. The official public 

docket is the collection of materials that 

is available for public viewing at the 

Public Information and Records 

Integrity Branch (PIRIB), Rm. 119, 

Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket 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/.

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Once in the system, select ‘‘search,’’

then key in the appropriate docket ID 

number.

Certain types of information will not 

be placed in the EPA Dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA’s 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. To the extent feasible, publicly 

available docket materials will be made 

available in EPA’s electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA’s electronic public docket. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. EPA 

intends to work towards providing 

electronic access to all of the publicly 

available docket materials through 

EPA’s electronic public docket.

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket.

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in EPA’s electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff.

C. How and to Whom Do I Submit 

Comments?

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket ID number in the subject line on 

the first page of your comment. Please 

ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

75062 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Notices 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. If you 

wish to submit CBI or information that 

is otherwise protected by statute, please 

follow the instructions in Unit I.D. Do 

not use EPA Dockets or e-mail to submit 

CBI or information protected by statute.

1. Electronically. If you submit an 

electronic comment as prescribed in this 

unit, EPA recommends that you include 

your name, mailing address, and an email address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. This ensures that you can be 

identified as the submitter of the 

comment and allows EPA to contact you 

in case EPA cannot read your comment 

due to technical difficulties or needs 

further information on the substance of 

your comment. EPA’s policy is that EPA 

will not edit your comment, and any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. 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.

i. EPA Dockets. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EPA Dockets 

at http://www.epa.gov/edocket/, and 

follow the online instructions for 

submitting comments. Once in the 

system, select ‘‘search,’’ and then key in 

docket ID number OPP–2004–0340. The 

system is an ‘‘anonymous access’’

system, which means EPA will not 

know your identity, e-mail address, or 

other contact information unless you 

provide it in the body of your comment.

ii. E-mail. Comments may be sent by 

e-mail to opp-docket@epa.gov, 

Attention: Docket ID Number OPP–

2004–0340. In contrast to EPA’s 

electronic public docket, EPA’s e-mail 

system is not an ‘‘anonymous access’’

system. If you send an e-mail comment 

directly to the docket without going 

through EPA’s electronic public docket, 

EPA’s e-mail system automatically 

captures your e-mail address. E-mail 

addresses that are automatically 

captured by EPA’s e-mail system are 

included as part of the comment that is 

placed in the official public docket, and 

made available in EPA’s electronic 

public docket.

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in Unit I.C.2. These electronic 

submissions will be accepted in 

WordPerfect or ASCII file format. Avoid 

the use of special characters and any 

form of encryption.

2. By mail. Send your comments to: 

Public Information and Records 

Integrity Branch (PIRIB) (7502C), Office 

of Pesticide Programs (OPP), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001, Attention: Docket ID 

Number OPP–2004–0340.

3. By hand delivery or courier. Deliver 

your comments to: Public Information 

and Records Integrity Branch (PIRIB), 

Office of Pesticide Programs (OPP), 

Environmental Protection Agency, Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA, Attention: Docket ID 

Number OPP–2004–0340. Such 

deliveries are only accepted during the 

docket’s normal hours of operation as 

identified in Unit I.B.1.

D. How Should I Submit CBI to the 

Agency?

Do not submit information that you 

consider to be CBI electronically 

through EPA’s electronic public docket 

or by e-mail. You may claim 

information that you submit to EPA as 

CBI by marking any part or all of that 

information as CBI (if you submit CBI 

on disk or CD ROM, 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 

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 

docket and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on disk or CD ROM, 

mark the outside of the disk or CD ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket 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 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 your 

estimate.

5. Provide specific examples to 

illustrate your concerns.

6. Offer alternatives.

7. Make sure to submit your 

comments by the comment period 

deadline identified.

8. To ensure proper receipt by EPA, 

identify the appropriate docket ID 

number in the subject line on the first 

page of your response. It would also be 

helpful if you provided the name, date, 

and Federal Register citation related to 

your comments.

II. Background on the Receipt of 

Request to Terminate Uses

This notice announces receipt by EPA 

of a request from Bayer CropSciences to 

amend the product registration for 

DiSyston 15G to terminate most 

agricultural uses. In a letter dated 

September 30, 2004, Bayer 

CropSciences requested that EPA cancel 

all agricultural uses of DiSyston 15G 

except for use on Fraser firs in North 

Carolina and coffee trees in Puerto Rico 

where this product will be applied 

using a closed-system hand applicator. 

In an earlier letter dated May 20, 2004, 

Bayer CropSciences indicated that they 

would voluntarily cancel these uses 

rather than develop the necessary 

exposure monitoring data specified in 

the Interim Reregistration Eligibility 

Decision (IRED).

DiSyston 15G (EPA Reg. Nos. 3125–

172 and 264–723), the 15% granular 

formulation of disulfoton, is currently 

registered for use on beans, Brussels 

sprouts, cabbage, cauliflower, coffee 

trees, cotton, peanuts, peppers, radish 

grown for seed, clover grown for seed, 

and Christmas trees. These uses were 

determined to be eligible for 

reregistration in the Agency’s 2002 IRED 

for disulfoton provided that certain 

conditions were met, including 

implementation of closed systems and 

development of confirmatory exposure 

monitoring data. Because disulfoton is 

an organophosphate (OP), the final 

reregistration eligiblity decision is 

pending consideration of the OP 

cumulative risk assessment.

III. What Action is the Agency Taking?

This notice announces receipt by EPA 

of a request from a registrant to 

terminate uses of disulfoton product 

registrations. The affected products and 

Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Notices 75063

the registrants making the request are 

identified in Tables 1 and 2 of this unit.

Under section 6(f)(1)(A) of FIFRA, 

registrants may request, at any time, that 

their pesticide registrations be canceled 

or amended to terminate one or more 

pesticide uses. Section 6(f)(1)(B) of 

FIFRA requires that before acting on a 

request for voluntary cancellation, EPA 

must provide a 30–day public comment 

period on the request for voluntary 

cancellation or use termination. In 

addition, section 6(f)(1)(C) of FIFRA 

requires that EPA provide a 180–day 

comment period on a request for 

voluntary cancellation or termination of 

any minor agricultural use before 

granting the request, unless:

1. The registrants request a waiver of 

the comment period, or

2. The Administrator determines that 

continued use of the pesticide would 

pose an unreasonable adverse effect on 

the environment.

Unless a request is withdrawn by the 

registrant within 180 days of 

publication of this notice, or if the 

Agency determines that there are 

substantive comments that warrant 

further review of this request, an order 

will be issued amending the affected 

registrations.

TABLE 1.—DISULFOTON PRODUCT

REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT

EPA Registration 

No. 

Product Name Company 

3125–172 DiSyston 15G Bayer 

CropSciences

264–723 DiSyston 15G Bayer 

CropSciences

Table 2 of this unit includes the name 

and address of record for the registrant 

of the products listed in Table 1 of this 

unit.

TABLE 2.—REGISTRANT REQUESTING

VOLUNTARY CANCELLATION AND/OR

AMENDMENTS

EPA Company No. Company Name and Address 

264 (formerly 

3125)

Bayer CropSciences, 2 

T.W. Alexander Drive, 

Research Triangle Park, 

NC 277709

IV. 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 that any of its 

pesticide registrations be canceled or 

amended to terminate one or more uses. 

FIFRA further provides that, before 

acting on the request, EPA must publish 

a notice of receipt of any such request 

in the Federal Register. Thereafter, 

following the public comment period, 

the Administrator may approve such a 

request.

V. Procedures for Withdrawal of 

Request and Considerations for 

Reregistration of Disulfoton

Registrants who choose to withdraw a 

request for cancellation must submit 

such withdrawal in writing to the 

person listed under FOR FURTHER

INFORMATION CONTACT, postmarked 

before June 13, 2005. This written 

withdrawal of the request for 

cancellation will apply only to the 

applicable FIFRA section 6(f)(1) request 

listed in this notice. If the products(s) 

have been subject to a previous 

cancellation action, the effective date of 

cancellation and all other provisions of 

any earlier cancellation action are 

controlling.

VI. Provisions for Disposition of 

Existing Stocks

Existing stocks are those stocks of 

registered pesticide products which are 

currently in the United States and 

which were packaged, labeled, and 

released for shipment prior to the 

effective date of the cancellation action. 

If the request for use termination is 

granted, the Agency intends to issue a 

cancellation order that will allow 

persons other than the registrant to 

continue to sell and/or use existing 

stocks of cancelled products until such 

stocks are exhausted, provided that such 

use is consistent with the terms of the 

previously approved labeling on, or that 

accompanied, the cancelled product. 

The order will specifically prohibit any 

use of existing stocks that is not 

consistent with such previously 

approved labeling. If, as the Agency 

currently intends, the final cancellation 

order contains the existing stocks 

provision just described, the order will 

be sent only to the affected registrants 

of the cancelled products. If the Agency 

determines that the final cancellation 

order should contain existing stocks 

provisions different than the ones just 

described, the Agency will publish the 

cancellation order in the Federal 

Register.

List of Subjects

Environmental protection, Pesticides 

and pests.

Dated: December 6, 2004.

Debra Edwards,

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs.

[FR Doc. 04–27366 Filed 12–14–04; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY

[OPP–2004–0389; FRL–7687–7]

Pesticide Product; Registration 

Applications

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces receipt 

of applications to register pesticide 

products containing new active 

ingredients not included in any 

previously registered products pursuant 

to the provisions of section 3(c)(4) of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), as amended.

DATES: Written comments, identified by 

the docket identification (ID) number 

OPP–2004–0389, must be received on or 

before January 14, 2005.

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in 

Unit I. of the SUPPLEMENTARY

INFORMATION.

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Action Leader, Biopesticides 

and Pollution Prevention Division 

(7511C), listed in the table in this unit: