[Federal Register: August 25, 2004 (Volume 69, Number 164)]
[Notices]
[Page 52261-52262]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au04-70]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0162; FRL-7370-9]
Napropamide; Notice of Receipt of Requests to Voluntarily Cancel
a Certain Pesticide Registration
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 United Phosphorous, Inc., to
voluntarily cancel one pesticide registration.
DATES: Unless a request is withdrawn by September 24, 2004 for EPA
Registration Number: 70506-30, orders will be issued canceling this
registration. The Agency will consider withdrawal requests postmarked
no later than September 24, 2004.
FOR FURTHER INFORMATION CONTACT: Demson Fuller, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8062; e-mail
address: fuller.demson@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-2004-0162. 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,
1801 S. Bell St., 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
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.
II. What Action is the Agency Taking?
This notice announces receipt by the Agency of an application from
the registrant to cancel 70506-30, a pesticide product registered under
section 3 of FIFRA. This registration is listed 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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70506-30 DEVRINOL 10-G Napropamide
Ornamental
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Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation. In addition, section 6(f)(1)(C) of FIFRA
requires that EPA provide a 180-day comment period on a request for
voluntary termination of any minor agricultural use before granting the
request, unless (1) the registrants request a waiver of the comment
period, or (2) the Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
The registrants have requested that EPA waive the 180-day comment
period. EPA is granting the registrants' request to waive the 180-day
comment period. Therefore, EPA will provide a 30-day comment period on
the proposed requests. EPA anticipates granting the cancellation
request shortly after the end of the 30-day comment period for this
notice. The registration for which a cancellation was requested is
identified (above) in Table 1.
Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, orders will be issued canceling all of this
registration. Users of these pesticides or anyone else desiring the
retention of a registration should contact the applicable registrant
directly during this 30-day period.
Table 2 of this unit includes the name and address of record for
the registrant of the product in Table 1 of this unit, by EPA company
number:
[[Page 52262]]
Table 2.--Registrants Requesting Voluntary Cancellation
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EPA Company No. Company Name and Address
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70506 United Phosphorus, Inc. 423
Riverview Plaza Trenton, NJ
08611
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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 24, 2004. 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
The effective date of cancellation will be the date of the
cancellation order. For purposes of the cancellation order, the term
``existing stocks'' is defined, pursuant to EPA's existing stocks
policy (56 FR 29362, June 26, 1991), as 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. The existing stocks
provisions of the forthcoming cancellation order will be as follows:
i. Distribution or sale. It is unlawful for any person to
distribute or sell existing stocks of any product identified in Table
1.
ii. The registrant identified in Table 2 may sell and distribute
existing stocks of their own products until 1 year from the effective
date of the cancellation order.
iii. Any person may ship such existing stocks for the purpose of
export consistent with FIFRA section 17 or for proper disposal in
accordance with applicable law.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: August 4, 2004.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 04-19031 Filed 8-24-04; 8:45 am]
BILLING CODE 6560-50-S