[Federal Register: March 19, 2003 (Volume 68, Number 53)]
[Notices]
[Page 13307-13308]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr03-84]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2002-0354; FRL-7287-1]
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 request by registrants to voluntarily cancel
certain pesticide registrations.
DATES: Unless a request is withdrawn by the registrant before September
15, 2003, the Agency will approve these cancellations and the
cancellations will become effective on September 15, 2003.
FOR FURTHER INFORMATION CONTACT: Diane Isbell, Special Review and
Reregistration Division 7508C, Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8154; e-mail
address: isbell.diane@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-2002-0354. 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/ to submit or view public
use EPA Dockets at http://www.epa.gov/edocket/ 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.
[[Page 13308]]
II. What Action is the Agency Taking?
This notice announces receipt by the Agency of applications from
registrants to cancel three pesticide products registered under section
3 of FIFRA. These registrations are listed in sequence by registration
number in Table 1 of this unit.
Table 1.--Phosmet Registrations with Pending Requests for Cancellation
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Registration No. Product name
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2724-169 Vet-Kem Kemolate
Emulsifiable Liquid
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10163-167 Imidan 50-WP Garden and Home
Insecticide
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28293-15 Unicorn Phosmet Insecticidal
Dust for Dogs
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Unless a request is withdrawn by the registrant within 180 days of
publication of this notice, orders will be issued canceling all of
these registrations. Users of these pesticides or anyone else desiring
the retention of a registration should contact the applicable
registrant directly during this 180-day period.
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 No. Company name and address
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2724 Wellmark International
1100 East Woodfield Road,
Suite 500
Schaumburg, IL 60173
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10163 Gowan Company
370 S. Main Street
Yuma, AZ 85364
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28293 Unicorn Laboratories
12385 Automobile Blvd.
Clearwater, FL 33762
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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. Thereafter, the Administrator may approve such a request.
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 September 15, 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.
V. Provisions for Disposition of Existing Stocks
In accordance with the Phosmet Interim Reregistration Eligibility
Decision (IRED) document, dated October 30, 2001, and the Memorandum of
Agreement signed by Gowan Company on October 20, 2001, the following
two products, as identified in Table 1, are prohibited from sale: EPA
Reg. Nos. 10163-167 and 28293-15. In addition, Wellmark International
is prohibited from selling or distributing existing stocks of phosmet
product EPA Reg. No. 2724-169, after March 30, 2003.
Wellmark International signed an Agreement where the signatory, and
non-signatory registrants agreed to: Stop formulating phosmet product
(EPA Reg. No. 2724-169) for the dog use on August 30, 2002; and stop
sales of the product on March 30, 2003. Sales of the subject product at
the retail level can continue until supplies are exhausted; and
existing stocks of phosmet technical not formulated into the dog use
product will be used to formulate livestock use products.
This 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 will be made if EPA determines that 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.
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.
List of Subjects
Environmental protection, organophosphate, pesticides and pests.
Dated: March 4, 2003.
Lois A. Rossi,
Director, Information Resources Services Division, Office of Pesticide
Programs.
[FR Doc. 03-6236 Filed 3-18-03; 8:45 am]
BILLING CODE 6560-50-S