[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Pages 11944-11946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6140]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0416; FRL-8383-5]


Diiodomethyl p-tolyl sulfone (Amical 48), Busan 77, Organic 
Esters of Phosphoric Acid Reregistration Eligibility Decisions; Notice 
of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Reregistration 
Eligibility Decision (RED) for the pesticides Diiodomethyl p-tolyl 
sulfone (Amical 48), Busan 77, and Organic Esters of Phosphoric Acid, 
and opens a public comment period on these documents. The Agency's risk 
assessments and other related documents also are available in the 
Diiodomethyl p-tolyl sulfone (Amical 48), Busan 77, and Organic Esters 
of Phosphoric Acid Dockets. Diiodomethyl p-tolyl sulfone is used as an 
algaecide, bactericide, and fungicide for materials and wood 
preservation. Busan 77 is used to control of algae in swimming pools, 
hot tubs, whirlpools and fountains without fish. It is also registered 
to control growth of algae, bacteria, and fungi in recirculating 
cooling towers, industrial air washing systems, and as a materials 
preservative in metal cutting fluids. Organic Esters of Phosphoric Acid 
is used primarily as a fungicide and bacteriostat, with the main use 
site being a material preservative for carpet backings. Some other use 
sites include paint, textiles, vinyl products, polymeric laminates, and 
epoxy flooring and tile. EPA has reviewed Diiodomethyl p-tolyl sulfone 
(Amical 48), Busan 77, and Organic Esters of Phosphoric Acid through 
the public participation process that the Agency uses to involve the 
public in developing pesticide reregistration and tolerance 
reassessment decisions. Through these programs, EPA is ensuring that 
all pesticides meet current health and safety standards.

DATES: Comments must be received on or before May 19, 2009.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number for Diiodomethyl p-tolyl sulfone, EPA-HQ-OPP-2007-1151; for 
Busan 77, EPA-HQ-OPP-2007-0834; and for Organic Esters of Phosphoric 
Acid, EPA-HQ-OPP-2007-1166 by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
    <bullet> 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

[[Page 11945]]

Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number for 
Diiodomethyl p-tolyl sulfone, EPA-HQ-OPP-2007-1151; for Busan 77, EPA-
HQ-OPP-2007-0834; and for Organic Esters of Phosphoric Acid, EPA-HQ-
OPP-2007-1166. 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 e-
mail. 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 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: For Diiodomethyl p-tolyl sulfone 
(Amical 48), contact: Kathryn Avivah Jakob, Antimicrobials Division 
(7510P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 305-1328; fax number: (703) 308-8481; e-mail address: 
<a href="/cdn-cgi/l/email-protection#f79d969c9895d99c96839f858e99b7928796d9909881"><span class="__cf_email__" data-cfemail="c6aca7ada9a4e8ada7b2aeb4bfa886a3b6a7e8a1a9b0">[email protected]</span></a>.
    For Busan 77, contact: ShaRon Carlisle, Antimicrobials Division 
(7510P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-6427; fax number: (703) 308-8481; e-mail address: 
<a href="/cdn-cgi/l/email-protection#dbb8baa9b7b2a8b7bef5a8b3baa9b4b59bbeabbaf5bcb4ad"><span class="__cf_email__" data-cfemail="ed8e8c9f81849e8188c39e858c9f8283ad889d8cc38a829b">[email protected]</span></a>.
    For Organic Esters of Phosphoric Acid, contact: Heather Garvie, 
Antimicrobials Division (7510P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0034; fax 
number: (703) 308-8481; e-mail address: <a href="/cdn-cgi/l/email-protection#a1c6c0d3d7c8c48fc9c4c0d5c9c4d3e1c4d1c08fc6ced7"><span class="__cf_email__" data-cfemail="46212734302f23682e2327322e23340623362768212930">[email protected]</span></a>.

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 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?

    Under section 4 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to 
ensure that they meet current scientific and regulatory standards. EPA 
has completed a REDs for the pesticides, Diiodomethyl p-tolyl sulfone 
(Amical 48), Busan 77, and Organic Esters of Phosphoric Acid under 
section 4(g)(2)(A) of FIFRA. Diiodomethyl p-tolyl sulfone (Amical 48) 
is used as a materials preservative. The following materials contain 
Diiodomethyl p-tolyl sulfone (Amical 48) as a materials preservative: 
Paints, air duct coatings, fire-retardant coatings, pigment 
dispersions, inks, emulsions and extender slurries, adhesives, caulks, 
sealants, rubbers and plastics, textiles, leather, pulp and paper 
slurries, paper/paperboard, and wetlap. Diiodomethyl p-tolyl sulfone 
(Amical 48) is also used for the preservation of wood. Busan 77 is used 
to control of algae in swimming

[[Page 11946]]

pools, hot tubs, whirlpools and fountains without fish. It is also 
registered to control growth of algae, bacteria, and fungi in 
recirculating cooling towers, industrial air washing systems, and as a 
materials preservative in metal cutting fluids. Organic Esters of 
Phosphoric Acid is used primarily as a fungicide and bacteriostat, with 
the main use site being a material preservative for carpet backings. 
Some other use sites include paint, textiles, vinyl products, polymeric 
laminates, and epoxy flooring and tile. EPA has determined that the 
data base to support reregistration is substantially complete and that 
products containing Diiodomethyl p-tolyl sulfone (Amical 48), Busan 77, 
and Organic Esters of Phosphoric Acid are eligible for reregistration, 
provided the risks are mitigated either in the manner described in the 
REDs or by another means that achieves equivalent risk reduction. Upon 
submission of any required product specific data under section 
4(g)(2)(B) of FIFRA and any necessary changes to the registration and 
labeling (either to address concerns identified in the REDs or as a 
result of product specific data), EPA will make a final reregistration 
decision under section 4(g)(2)(C) of FIFRA for products containing 
Diiodomethyl p-tolyl sulfone (Amical 48), Busan 77, and Organic Esters 
of Phosphoric Acid.
    EPA is applying the principles of public participation to all 
pesticides undergoing reregistration and tolerance reassessment. The 
Agency's Pesticide Tolerance Reassessment and Reregistration; Public 
Participation Process, published in the Federal Register on May 14, 
2004, (69 FR 26819) (FRL-7357-9) explains that in conducting these 
programs, EPA is tailoring its public participation process to be 
commensurate with the level of risk, extent of use, complexity of 
issues, and degree of public concern associated with each pesticide. 
Due to its uses, risks, and other factors, Diiodomethyl p-tolyl sulfone 
(Amical 48), Busan 77, and Organic Esters of Phosphoric Acid were 
reviewed through the modified 4-Phase process. Through this process, 
EPA worked extensively with stakeholders and the public to reach the 
regulatory decisions for Diiodomethyl p-tolyl sulfone (Amical 48), 
Busan 77, and Organic Esters of Phosphoric Acid.
    The reregistration program is being conducted under congressionally 
mandated time frames, and EPA recognizes the need both to make timely 
decisions and to involve the public. The Agency is issuing the 
Diiodomethyl p-tolyl sulfone (Amical 48), Busan 77, and Organic Esters 
of Phosphoric Acid REDs for public comment. This comment period is 
intended to provide an additional opportunity for public input and a 
mechanism for initiating any necessary amendments to the RED. All 
comments should be submitted using the methods in ADDRESSES, and must 
be received by EPA on or before the closing date. These comments will 
become part of the Agency Dockets for Diiodomethyl p-tolyl sulfone 
(Amical 48), Busan 77, and Organic Esters of Phosphoric Acid. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.
    The Agency will carefully consider all comments received by the 
closing date and will provide a Response to Comments Memorandum in the 
Docket and regulations.gov. If any comment significantly affects the 
document, EPA also will publish an amendment to the RED in the Federal 
Register. In the absence of substantive comments requiring changes, the 
Diiodomethyl p-tolyl sulfone (Amical 48), Busan 77, and Organic Esters 
of Phosphoric Acid REDs will be implemented as it is now presented.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA, as amended, directs that, after 
submission of all data concerning a pesticide active ingredient, 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, Antimicrobials, 
Diiodomethyl p-tolyl sulfone (Amical 48), Busan 77, Organic Esters of 
Phosphoric Acid.


    Dated: January 5, 2009.
Joan Harrigan-Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E9-6140 Filed 3-19-09; 8:45 am]
BILLING CODE 6560-50-S


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