E9-22921. Disulfoton and Methamidophos; Product Cancellation Order

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice.

SUMMARY:

This notice announces EPA’s order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of pesticide products containing disulfoton or methamidophos, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a July 22, 2009 Federal Register Notice of Receipt Requests (FRL-8427-2) from the disulfoton and methamidophos registrants to voluntarily cancel their product registrations. These are the last disulfoton and methamidophos products registered for use in the United States. In the July 22, 2009 Notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 30 day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests within this period. The Agency did not receive any comments on the notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this Notice a cancellation order granting the requested cancellations. Any distribution, sale or use of disulfoton and methamidophos products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stock provisions.

DATES:

This order is effective on September 23, 2009.

FOR FURTHER INFORMATION CONTACT:

Chemical Review Manager	Pesticide	Office location for Mail and Special Courier	Telephone Number	e-mail address
Joy Schnackenbeck	Methamidophos	Pesticide Re-evaluation Division, (7508P) Environmental Protection Agency 1200 Pennsylvania Ave., NW. Washington, DC 20460-0001	[phone]	[e-mail]
Eric Miederhoff	Disulfoton	Pesticide Re-evaluation Division Office of Pesticide Programs Environmental Protection Agency 1200 Pennsylvania Ave., NW. Washington, DC 20460-0001	[phone]	[e-mail]

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 a docket for these actions under docket identification (ID) number EPA-HQ-OPP-2009-0503. Additional information regarding these pesticide active ingredients is available in: Docket ID number EPA-HQ-OPP-2009-0054 for disulfoton and docket ID number EPA-HQ-OPP-2009-0842 for methamidophos. 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 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 [phone].

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.

II. What Action is the Agency Taking?

This notice announces the cancellations, as requested by registrants, of all disulfoton and methamidophos products registered under sections 3 and 24(c) of FIFRA. These registrations are listed in sequence by registration number in Table 1 of this Unit.

Table 1.—Disulfoton and Methamidophos Products Subject to this Cancellation Order

Registration Number	Product Name	Active Ingredient
264-723	Di-Syston 15% Granular	Disulfoton
264-725	Disulfoton Technical	Disulfoton
264-729	Monitor 4	Methamidophos
264-734	Disulfoton 8 Emulsifiable Systemic Insecticide	Disulfoton
264-741	Monitor Technical	Methamidophos
264-744	Monitor 60% Concentrate	Methamidophos
264-1020	Monitor 4 Spray	Methamidophos
264-1021	Valent Monitor Technical	Methamidophos
432-1286	Systemic 2 in 1 Rose Care 10-10-10 Rose Food with Insecticide	Disulfoton
5481-8989	Terraclor Super-X Soil Fungicide With Di-Syston	Disulfoton
72155-49	Flower Rose and Shrub Care	Disulfoton
AR970004	Monitor 4	Methamidophos
CA050010	Di- Syston 8 Emulsifiable Systemic Insecticide	Disulfoton
CA780163	Monitor 4	Methamidophos
CA810044	Di- Syston 8 Emulsifiable Systemic Insecticide	Disulfoton
CA840192	Di- Syston 8 Emulsifiable Systemic Insecticide	Disulfoton
CA980013	Monitor 4	Methamidophos
DE910002	Monitor 4	Methamidophos
FL800046	Monitor 4	Methamidophos
FL900003	Monitor 4	Methamidophos
GA900001	Monitor 4	Methamidophos
IN790001	Monitor 4	Methamidophos
LA040011	Monitor 4 Liquid Insecticide	Methamidophos
MD910009	Monitor 4	Methamidophos
MI060002	Di- Syston 8 Emulsifiable Systemic Insecticide	Disulfoton
NC860005	Di- Syston 8 Emulsifiable Systemic Insecticide	Disulfoton
NC880001	Di- Syston 15% Granular	Disulfoton
NC890007	Monitor 4	Methamidophos
NC920011	Di- Syston 15% Granular	Disulfoton
NJ960010	Monitor 4	Methamidophos
OH790008	Monitor 4	Methamidophos
OR040030	Di- Syston 8 Emulsifiable Systemic Disulfoton Insecticide	Disulfoton
OR050024	Di- Syston Disulfoton 8 Emulsifiable Systemic Insecticide	Disulfoton
SC780007	Monitor 4 Liquid Insecticide	Methamidophos
TN060002	Monitor 4 Liquid Insecticide	Methamidophos
TX860007	Di- Syston 8 Emulsifiable Systemic Insecticide	Disulfoton
TX910016	Monitor 4	Methamidophos
VA910005	Monitor 4	Methamidophos
WA040015	Di- Syston 8 Emulsifiable Systemic Insecticide	Disulfoton
WA040028	Di-Syston 15% Granular	Disulfoton
WA920026	Di- Syston 8 Emulsifiable Systemic Insecticide	Disulfoton

Table 2 of this unit includes the names and addresses of record, in sequence by EPA company number, for all registrants of the products in Table 1.

Table 2.—Registrants of Cancelled Products

EPA Company Number	Company Name and Address
264	Bayer CropScience 2 T.W. Alexander Drive Research Triangle Park, North Carolina 27709
432	Bayer Environmental Science 2 T.W. Alexander Drive PO Box 12014 Research Triangle Park, North Carolina 27709
5481	Amvac Corporation 4695 Macarthur Court, Suite 1250 Newport Beach, California 92660-1706
72155	Bayer Advanced 2 T.W. Alexander Drive PO Box 12014 Research Triangle Park, North Carolina 27709

III. Summary of Public Comments Received and Agency Response to Comments

The Agency did not receive any comments on the Notice, published on July 22, 2009, that announced receipt of the requests for voluntary cancellation and opened a 30-day public comment period that ended on August 21, 2009.

IV. Cancellation Order

Pursuant to FIFRA section 6(f), EPA hereby approves the requested cancellations of registrations identified in Table 1 of Unit II. Accordingly, the Agency orders that the disulfoton and methamidophos product registrations identified in Table 1 of Unit II are to be canceled on their designated effective dates. For disulfoton FIFRA Section 3 products, the cancellations for EPA Reg. Nos. 264-723, 264-734, 5481-8989, and 432-1286 are effective December 31, 2009. Cancellations for EPA Reg. Nos. 264-725 and 72155-49 are effective December 31, 2010. For all methamidophos products, cancellations are effective December 31, 2009. For both disulfoton and methamidophos, the effective cancellation dates for all FIFRA 24(c) Special Local Need registrations is December 31, 2009.

Any distribution, sale or use of existing stock of the products identified in Table I of Unit II in a manner inconsistent with any of the Provisions for Disposition of Existing Stocks set forth in Unit VI will be considered a violation of FIFRA.

V. 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.

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. The cancellation order issued in this notice includes the following existing stock provisions. Bayer (Bayer CropScience, Bayer Environmental Science, and Bayer Advanced) may sell and distribute existing stocks of EPA Reg. Nos. 264-725, 264-729, 264-734, 264-741, 264-744, 264-1020, 264-1021, and 432-1286 until December 31, 2010. Bayer may sell and distribute existing stocks of EPA Reg. Nos. 264-723 and 72155-49 until June 30, 2011. Amvac Chemical Corp. may sell and distribute existing stocks of EPA Reg. No. 5481-8989 until December 31, 2010. For both methamidophos and disulfoton, Bayer and Amvac may sell and distribute existing stocks of State-registered products until December 31, 2010. For all affected methamidophos and disulfoton products, persons other than Bayer and AMVAC may sell and distribute existing stocks until exhausted. Use of the products canceled by this Notice may continue until existing stocks are exhausted, provided that such use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products. The foregoing applies to all products in Table 1, both State-registered and federally-registered products.

List of Subject

• Environmental protection
• Pesticides and pests

Dated: September 16, 2009.

Richard P. Keigwin, Jr.,

Director, Pesticide Re-evaluation Division, Office of Pesticide Programs.