

[Federal Register: August 8, 2007 (Volume 72, Number 152)]
[Notices]               
[Page 44516-44518]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au07-63]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0435; FRL-8133-7]

 
Ethyl Parathion; Proposal Not to Initiate the Special Review and 
Tributyltin Antifoulants; Proposal to Terminate Special Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the Agency's intention not to initiate a 
Special Review of Ethyl Parathion and its proposal to terminate the 
Special Review of Tributyltin (TBT) used in antifouling paints. The 
Agency is proposing these actions because all pesticide registrations 
of ethyl parathion and all TBT antifouling paints are canceled.

DATES: Comments must be received on or before September 7, 2007.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2007-0435, 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-
2007-0435. 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 Federal 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 web 
site 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: 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:

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

[[Page 44517]]

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?

    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.
    Under 40 CFR 154.23, the Administrator must provide his rationale 
for not initiating a Special Review and provide an opportunity for 
comment. Because there are no remaining product registrations, and thus 
the risk concerns have been mitigated, EPA is proposing not to initiate 
a Special Review for Ethyl Parathion. The public will have until 
September 7, 2007 to comment on this proposal. Once comments are 
reviewed, EPA will issue a notice in the Federal Register with its 
final determination as to whether or not to initiate a Special Review 
for 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 for Tributyltin Antifoulants (53 
FR 390222-41). 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. Because there are no remaining pesticide 
registrations for the antifouling paint use, EPA is proposing to 
terminate the Special Review of Tributytin Anitfoulants. The public 
will have until September 7, 2007 to comment on this proposal. Once 
comments are reviewed, EPA will issue a notice in the Federal Register 
with its final determination as to whether or not 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 part 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. The portion of this Notice 
concerning ethyl parathion is being issued pursuant to 40 CFR 
154.23(b). 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. 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.
    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. The portion of this Notice concerning the 
Tributylin Antifoulants is being issued pursuant to 40 CFR 154.31. 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

[[Page 44518]]

publish in the Federal Register a Notice of Final Determination, 
including the reasons for the determination.

List of Subjects

    Environmental protection, Pesticides, Pests.

    Dated: July 30, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.
[FR Doc. E7-15110 Filed 8-7-07; 8:45 am]

BILLING CODE 6560-50-S
