[Federal Register: July 11, 2003 (Volume 68, Number 133)]
[Notices]
[Page 41343-41345]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy03-54]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2003-0183; FRL-7315-5]
Notice of Receipt of Requests to Voluntarily Cancel Certain
Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of requests by Sumitomo Chemical Company, Limited and
Bayer Environmental Science to voluntarily cancel the registrations for
all of their products containing 4-chloro-alpha-(1-
methylethyl)benzeneacetic acid, cyano(3-phenoxyphenyl)methyl ester
(fenvalerate). At the close of the comment period, EPA intends to issue
an order granting these cancellation requests, unless the Agency
receives substantive comments within the comment period that would
merit its further review of these requests, or the requests have been
withdrawn.
DATES: Comments must be received by August 11, 2003. Unless the Agency
receives any substantive comments within the comment period that would
merit its further review of these requests, or the requests have been
withdrawn by August 11, 2003, EPA intends to issue orders canceling
these registrations at the close of the comment period.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Please follow the detailed instructions
for each method as provided in Unit I.C. of the SUPPLEMENTARY
INFORMATION. To ensure proper receipt by EPA, it is imperative that you
identify docket ID number OPP-2003-0183 in the subject line on the
first page of your response.
FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review
and Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8025, e-mail
address: livingston.wilhelmena@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general. Although this
action may be of particular interest to persons who produce or use
pesticides, 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 information in this notice, 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 an official public docket for this
action under docket identification (ID) number OPP-2003-0183. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket telephone number is (703) 305-5805.
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/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/. You may use EPA docket
to submit or view public comments, access the index listing of the
contents of the official public docket, and to access those documents
in the public docket that are available electronically. Although not
all docket materials may be available electronically, you may still
access any of the publicly available docket materials through the
docket facility identified in Unit I.B.1. Once in the system, select
``search,'' then key in the appropriate docket ID number.
C. How and to Whom Do I Submit Comments?
You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is imperative that
you identify docket ID number OPP-2003-0183 in the subject line on the
first page of your response.
1. By mail. Submit your comments to: Public Information and Records
Integrity Branch (PIRIB), Information Resources and Services Division
(7502C), Office of Pesticide Programs (OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
2. In person or by courier. Deliver your comments to Public
Information and Records Integrity Branch (PIRIB), Information Resources
and Services Division (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1921
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB
telephone number is (703) 305-5805.
3. Electronically. You may submit your comments electronically by
e-mail to: opp-docket@epa.gov, or you can submit a computer disk as
describe above. Do not submit any information electronically that you
consider to be CBI. Avoid the use of special characters and any form of
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be
identified by docket ID number OPP-2003-0183. Electronic comments also
may be filed online at many Federal Depository Libraries.
D. How Should I Handle CBI that I Want to Submit to the Agency?
Do not submit any information electronically that you consider to
be CBI. You may claim information that you submit to EPA in response to
this document as CBI by marking any part or all of that information as
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2.
[[Page 41344]]
In addition to one complete version of the comment that includes any
information claimed as CBI, a copy that does not contain the
information claimed as CBI must be submitted for inclusion in the
public version of the official record. Information not marked
confidential will be included in the public version of the official
record without prior notice. If you have any questions about CBI or the
procedures for claiming CBI, please consult the person listed under for
FOR FURTHER INFORMATION CONTACT.
II. What Action is the Agency Taking?
This notice announces receipt by the Agency of requests from
Sumitomo Chemical Company, Limited and Bayer Environmental Science to
cancel the registrations of three pesticide products registered under
section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA). These three registrations constitute all registrations held by
Sumitomo Chemical Company, Limited and Bayer Environmental Science of
products containing 4-chloro-alpha-(1-methylethyl)benzeneacetic acid,
cyano(3-phenoxyphenyl)methyl ester (fenvalerate). These requests are
submitted pursuant to section 6(f) of FIFRA.
Fenvalerate is a synthetic pyrethroid insecticide which is used to
control insects and related organisms, molluscs, fouling organisms and
miscellaneous invertebrates on agricultural, pet care, domestic home
and garden (domestic), and commercial/industrial/food and non-food/
mosquito abatement (commercial) sites. On April 10, 2003, Sumitomo
Chemical Company, Limited and on April 22, 2003, Bayer Environmental
Science requested that EPA waive the 180-day period that typically has
been allowed before requests for voluntary cancellation are approved or
denied.
These registrations are listed in sequence by registration number
in Table 1 of this unit:
Table 1.--Registrations with Pending Requests for Cancellation
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Registration No. Product Name Chemical Name
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432-766 Technical Fenvalerate
Fenvalerate
Insecticide
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432-767 Gold Crest Fenvalerate
TributeTermitici
de/Insecticide
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10308-13 Technical Fenvalerate
Sumicidin
Insecticide
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At the close of the comment period, EPA intends to issue an order
granting these cancellation requests, unless the Agency receives any
substantive comments within the comment period that would merit its
further review of these requests, or the requests have been withdrawn.
Users of these pesticides or anyone else desiring the retention of a
registration should send in their comments to EPA. In addition, they
may wish to contact the applicable registrant directly.
Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number:
Table 2.-- Registrants Requesting Voluntary Cancellation
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EPA
Company Company Name and Address
No.
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432 Bayer Environmental Science, 95 Chestnut Ridge Road, Montvale,
NJ 07645
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10308 Sumitomo Chemical Company, Limited, 5-33 Kitahama 4-Chome,
Chuo-ku Osaka, 541, Japan
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III. 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. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register and provide a 30-day period in which the public may comment
before the Agency may act on the request for voluntary cancellation. In
the case of minor agricultural uses, section 6(f)(1)(c) of FIFRA
provides for a 180-day comment period under certain circumstances. In
this case, Bayer Environmental Science, and Sumitomo Chemical Company,
Limited have requested that EPA waive the 180-day comment period.
Accordingly, pursuant to section 6(f)(1)(c)(ii) of FIFRA. EPA is
waiving the 180-day comment period and will provide interested parties
30 days to comment on the action.
IV. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before August 11, 2003. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) request listed in this notice. If
the product(s) have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling. The withdrawal request must also
include a commitment to pay any reregistration fees due, and to fulfill
any applicable unsatisfied data requirements. Any person, including the
registrant, who wishes to support the continued registration of
fenvalerate, must fulfil all outstanding data gaps. In addition, EPA
must find that fenvalerate is eligible for reregistration.
V. Provisions for Disposition of Existing Stocks
The effective date of cancellation will be the date of the
cancellation order. The orders effecting these requested cancellations
will generally permit a registrant to sell or distribute existing
stocks for 1 year after the date the cancellation is requested. This
policy is in accordance with the Agency's statement of policy as
prescribed in the Federal Register of June 26, 1991 (56 FR 29362) (FRL-
3846-4). Exceptions to this general rule will be made if a product
poses a risk concern, or is in noncompliance with reregistration
requirements, or is subject to a Data Call-In. In all cases, product-
specific disposition dates will be given in the cancellation orders. In
this case, the Agency does not see a need to deviate from the Existing
Stocks Policy. Unless the Agency receives substantive comments during
the comment period that would merit its further review of this matter,
the Agency intends to permit the registrants to sell and distribute the
existing stocks for 1 year
[[Page 41345]]
after the effective date of the cancellation. Although in its original
voluntary cancellation letter, Bayer requested 18 months to address any
remaining stocks, in subsequent communication with the Agency, Bayer
accepted a 12-month period for sale and distribution of the existing
stocks.
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which have been packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. Unless the provisions of an earlier order apply,
existing stocks already in the hands of dealers or users can be
distributed, sold, or used legally until they are exhausted, provided
that such further sale and use comply with the EPA-approved label and
labeling of the affected product. Exception to these general rules will
be made in specific cases when more stringent restrictions on sale,
distribution, or use of the products or their ingredients have already
been imposed, as in a Special Review action, or where the Agency has
identified significant potential risk concerns associated with a
particular chemical. In this case, the Agency does not see a need to
deviate from these general rules. Unless the Agency receives
substantive comments during the comment period that would merit further
review of this matter, the Agency intends to permit existing stocks
already in the hands of dealers or users to be distributed, sold, or
used until they are exhausted, provided that such further sale and use
comply with the EPA-approved label and labeling of the affected
product.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: June 30, 2003.
Richard P. Keigwin, Jr.,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 03-17509 Filed 7-10-03; 8:45 am]
BILLING CODE 6560-50-S