[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Pages 25340-25342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10560]



[EPA-HQ-OPP-2011-0381 FRL-8872-1]

Fenoxycarb, Sodium Tetrathiocarbonate, and Temephos; Registration 
Review Proposed Decisions; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: This notice announces the availability of EPA's proposed 
registration review decisions for the pesticides listed in the table in 
Unit II.A. and opens a public comment period on the proposed decisions. 
Registration review is EPA's periodic review of pesticide registrations 
to ensure that each pesticide continues to satisfy the statutory 
standard for registration, that is, that the pesticide can perform its 
intended function without unreasonable adverse effects on human health 
or the environment. Through this program, EPA is ensuring that each 
pesticide's registration is based on current scientific and other 
knowledge, including its effects on human health and the environment.

DATES: Comments must be received on or before July 5, 2011.

ADDRESSES: Submit your comments, identified by the docket 
identification (ID) number for the specific pesticide of interest 
provided in the table in Unit II.A., 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 Facility'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.

[[Page 25341]]

    Instructions: Direct your comments to the docket ID number for the 
specific pesticide of interest provided in the table in Unit II.A. 
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 -mail. The 
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 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 at http://www.regulations.gov. 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 pesticide specific information, 
contact: The Chemical Review Manager (CRM) for the pesticide of 
interest identified in the table in Unit II.A.
    For general information on the registration review program, 
contact: Kevin Costello, Pesticide Re-evaluation Division (7508P), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(703) 305-5026; fax number: (703) 308-8090; e-mail address: 


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, farm worker, 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, 

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 
    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?

    In accordance with 40 CFR 155.58, this notice announces the 
availability of EPA's proposed registration review decisions for the 
pesticides shown in the following table, and opens a 60-day public 
comment period on the proposed decisions.
    Fenoxycarb is an O-ethyl carbamate derivative insecticide used to 
control fire ants and big-headed ants on turf, home lawns, agricultural 
areas, non-agricultural areas, horse farms, and ornamental nursery 
stock, among other areas. Fenoxycarb is also used to control a variety 
of insects in greenhouses in a total release fogger product.
    Sodium tetrathiocarbonate is a soil fumigant used for the 
management of nematodes and phytophthora root rot, oak root fungus, and 
phylloxera. It is registered for use on grapes, citrus, almonds, 
peaches, prunes, and plums only in the states of Arizona, California, 
Oregon, and Washington.
    Temephos is a non-systemic organophosphate insecticide which is 
applied to standing water, shallow ponds, lakes, woodland pools, tidal 
waters, marshes, swamps, waters high in organic content, highly 
polluted water, catch basins (and similar areas where mosquitoes may 
breed), stream margins, and intertidal zones of sandy beaches. Target 
pests include aquatic larvae of mosquitoes, midges, gnats, punkies, and 

[[Page 25342]]

           Table--Registration Review Proposed Final Decisions
                                                    CRM name, telephone
 Registration review case name   Pesticide docket     number,  e-mail
          and number                  ID No.              address
Fenoxycarb, Case No. 7401.....  EPA-HQ-OPP-2006-0  Dana Friedman, (703)
                                 111.               347-8827,
Sodium Tetrathiocarbonate,      EPA-HQ-OPP-2007-1  Katherine St. Clair,
 Case No. 7009.                  084.               (703) 347-8778,
Temephos, Case No. 0006.......  EPA-HQ-OPP-2008-0  Katherine St. Clair,
                                 444.               (703) 347-8778,

    The registration review docket for a pesticide includes earlier 
documents related to the registration review of the case. For example, 
the review opened with the posting of a Summary Document, containing a 
Preliminary Work Plan, for public comment. A Final Work Plan was posted 
to the docket following public comment on the initial docket.
    As stated in the fenoxycarb, sodium tetrathiocarbonate, and 
temephos Preliminary Work Plans and Final Work Plans for registration 
review, the Agency had intended to revise the existing risk 
assessments. However, after the publication of the Final Work Plans, 
pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), as amended, the Agency announced receipt of 
requests to voluntarily cancel all fenoxycarb, sodium 
tetrathiocarbonate, and temephos product registrations from the 
registrants of these pesticides. After a 30-day comment period, the EPA 
granted the voluntary cancellation requests, establishing effective 
cancellation dates for all of the products registered for use in the 
United States containing the active ingredient, fenoxycarb on December 
31, 2012 (December 30, 2010, 75 FR 82387) (FRL-8854-8), sodium 
tetrathiocarbonate on February 25, 2011 (February 25, 2011, 76 FR 
10587) (FRL-8863-4), and temephos on December 31, 2015 (February 25, 
2011, 76 FR 10587) (FRL-8863-4).
    Following public comment, the Agency will issue final registration 
review decisions for products containing the pesticides listed in the 
table in Unit II.A.
    The registration review program is being conducted under 
congressionally mandated time frames, and EPA recognizes the need both 
to make timely decisions and to involve the public. Section 3(g) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as 
amended, required EPA to establish by regulation procedures for 
reviewing pesticide registrations, originally with a goal of reviewing 
each pesticide's registration every 15 years to ensure that a pesticide 
continues to meet the FIFRA standard for registration. The Agency's 
final rule to implement this program was issued in August 2006 and 
became effective in October 2006, and appears at 40 CFR part 155, 
subpart C. The Pesticide Registration Improvement Act of 2003 (PRIA) 
was amended and extended in September 2007. FIFRA, as amended by PRIA 
in 2007, requires EPA to complete registration review decisions by 
October 1, 2022, for all pesticides registered as of October 1, 2007.
    The registration review final rule at 40 CFR 155.58(a) provides for 
a minimum 60-day public comment period on all proposed registration 
review decisions. This comment period is intended to provide an 
opportunity for public input and a mechanism for initiating any 
necessary amendments to the proposed decision. 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 
docket for the pesticides included in the table in Unit II.A. 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. The final registration review decision will explain the 
effect that any comments had on the decision and provide the Agency's 
response to significant comments.
    Background on the registration review program is provided at: 
http://www.epa.gov/oppsrrd1/registration_review. Links to earlier 
documents related to the registration review of these pesticides are 
provided at: http://www.epa.gov/oppsrrd1/registration_review/reg_review_status.htm.

B. What is the Agency's authority for taking this action?

    Section 3(g) of FIFRA and 40 CFR part 155, subpart C, provide 
authority for this action.

List of Subjects

    Environmental protection, Administrative practice and procedure, 
Pesticides and pests.

    Dated: April 22, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
[FR Doc. 2011-10560 Filed 5-3-11; 8:45 am]