

[Federal Register: August 9, 2006 (Volume 71, Number 153)]
[Notices]               
[Page 45554-45555]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au06-81]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0201; FRL-8085-9]

 
Organic Arsenical Herbicides (MSMA, DSMA, CAMA, and Cacodylic 
Acid), Reregistration Eligibility Decision; 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 organic arsenical herbicides MSMA, 
DSMA, CAMA, and cacodylic acid, and opens a public comment period on 
this document. The Agency has determined that all products containing 
MSMA, DSMA, CAMA, and cacodylic acid are not eligible for 
reregistration. The Agency's risk assessments and other related 
documents also are available in the organic arsenical herbicides 
docket. MSMA, DSMA, CAMA, and cacodylic acid are collectively referred 
to as the ``organic arsenical herbicides.'' The organic arsenic 
herbicides are used primarily on cotton and turf, including golf 
courses, home lawns, recreational areas such as school yards and 
athletic fields, and rights-of-way. Overall, use in the United States 
appears to be declining. While EPA has identified some risk associated 
with the direct use of these herbicides, the Agency's primary concern 
is the potential for applied organic arsenical products to transform to 
a more toxic inorganic form of arsenic in soil with subsequent 
transport to drinking water. EPA has reviewed the organic arsenical 
herbicides 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 October 10, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0201, 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-
2006-0201, 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 http://www.regulations.gov or E-mail. The Federal http://www.regulations.gov 

Web site 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 http://www.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. 
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: Lance Wormell, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 603-0523; fax 
number: (703) 308-7070; E-mail address: wormell.lance@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 
http://www.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:

[[Page 45555]]

    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 RED for the pesticides MSMA, DSMA, CAMA, and cacodylic 
acid under section 4(g)(2)(A) of FIFRA. MSMA, DSMA, CAMA, and cacodylic 
acid were first registered in the United States for use as herbicides 
in the 1950s (DSMA) and 1960s (MSMA, CAMA, and cacodylic acid). MSMA 
and DSMA are herbicides registered for weed control on cotton, for turf 
grass and lawns, and under trees, vines, and shrubs. CAMA is an 
herbicide registered for post-emergent weed control on lawns. Cacodylic 
acid is a defoliant and herbicide registered for weed control under 
non-bearing citrus trees, around buildings and sidewalks, and for lawn 
renovation. EPA has determined that the database to support 
reregistration is substantially complete and that all products 
containing MSMA, DSMA, CAMA, and cacodylic acid are not eligible for 
reregistration.
    EPA must review tolerances and tolerance exemptions that were in 
effect when the Food Quality Protection Act (FQPA) was enacted in 
August 1996, to ensure that these existing pesticide residue limits for 
food and feed commodities meet the safety standard established by the 
new law. Tolerances are considered reassessed once the safety finding 
has been made or a revocation occurs. EPA has reviewed and cannot make 
the requisite safety finding for the MSMA, DSMA, and cacodylic acid 
tolerances.
    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, the organic arsenical 
herbicides 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 MSMA, DSMA, CAMA, and cacodylic 
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 MSMA, 
DSMA, CAMA, and cacodylic acid RED for public comment. This comment 
period is intended to provide an additional opportunity for public 
input. 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 Docket for the organic 
arsenical herbicides. 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 any significant comments will be addressed and 
communicated through a Response to Comments Memorandum in the Docket 
and http://www.regulations.gov. If any comment significantly affects 

the decision, EPA also will publish an amendment to the RED in the 
Federal Register. In the absence of substantive comments requiring 
changes, the MSMA, DSMA, CAMA, and cacodylic acid RED 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.''
    Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for 
pesticide residues in effect as of August 2, 1996, to determine whether 
the tolerance or exemption meets the requirements of section 408(b)(2) 
or (c)(2) of FFDCA. This review is to be completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: August 1, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E6-12905 Filed 8-8-06; 8:45 am]

BILLING CODE 6560-50-S
