[Federal Register: April 7, 2004 (Volume 69, Number 67)]
[Notices]
[Page 18368-18370]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap04-50]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2003-0397; FRL-7350-9]
Molinate; Cancellation Order
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, the Agency is
issuing a cancellation order announcing its approval of the requests
submitted by Syngenta Crop Protection Inc., and Helm Agro U.S. Inc., to
amend and voluntarily cancel the registrations of all of their products
containing S-ethyl hexahydro-1H-azepine-1-carbothioate (molinate)
effective June 30, 2008. Any distribution, sale or use of the products
subject to this cancellation order is only permitted in accordance with
the terms of the existing stocks provisions of this cancellation order.
FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review
[[Page 18369]]
and Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8025; fax
number: (703) 308-8041; 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-2003-0397. 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), Room 119, Crystal Mall 2,
1921 Jefferson Davis Highway, Arlington, VA 22202-4501. 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, 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 that EPA is approving the cancellation order
requests, from Syngenta Crop Protection Inc., and Helm Agro U.S. Inc.,
to cancel the registration of 14 pesticide products registered under
section 3 or 24(c) of FIFRA. These 14 registrations constitute all
registrations held by Syngenta Crop Protection Inc., and Helm Agro U.S.
Inc., of products containing S-ethyl hexahydro-1H-azepine-1-
carbothioate (molinate). These requests are submitted pursuant to
section 6(f) of FIFRA. In addition, EPA is approving requests from
Syngenta Crop Protection Inc., and Helm Agro U.S. to amend the
registrations for these products for the time period prior to their
cancellation.
On June 2, 2003, Syngenta Crop Protection Inc., and on August 7,
2003, Helm Agro U.S. Inc., submitted a letter to EPA requesting
cancellation, effective June 30, 2008, of the registrations of all
their molinate products, and to modify the terms and conditions of its
molinate registration until the cancellation is effective. This order
follows up a Federal Register notice of September 17, 2003 (68 FR
54451) (FRL-7324-7), announcing receipt of written requests by Syngenta
Crop Protection Inc., and Helm Agro U.S., Inc., to voluntarily cancel
their molinate product registrations. Syngenta and Helm also requested
that the Administrator waive the 180-day waiting period under FIFRA
section 6(f)(1)(C)(ii).
Molinate is a thiocarbamate herbicide registered for use primarily
for the control of water grass in rice. Rice is grown in California and
the south central/south eastern states of Arkansas, Louisiana,
Missouri, Tennessee, and Texas. The registrations subject to the
requests for cancellation are listed by registration number in Table 1
of this unit.
After considering comments received, EPA has decided to accept the
voluntary cancellation requests. Accordingly, the Agency is issuing an
Order in this Notice canceling the 14 registrations identified in Table
1.
Table 1.--Approved Registration Cancellations
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Registration Number Product Name Chemical
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100-981 Riceco Molinate Molinate
Technical
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100-982 Riceco Touche Molinate
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100-983 Molinate 15G Molinate
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100-1021 Ordram 8-E An Molinate
Emulsufiable
Liquid Herbicide
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100-1036 Arrosolo 3-3E Molinate
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100-1039 Ordram 15-G Molinate
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100-1040 Ordram Technical Molinate
Herbicide
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100-1102 Ordram 15-GM Rice Molinate
Herbicide
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74530-7 Molinate Technical Molinate
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CA77015900 Ordram 8-E An Molinate
Emulsufiable
Liquid Herbicide
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CA84017200 Ordram 8-E An Molinate
Emulsufiable
Liquid Herbicide
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CA85005300 Ordram 8-E An Molinate
Emulsufiable
Liquid Herbicide
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TX81002600 Ordram 8-E Molinate
Emulsufiable
Liquid Herbicide
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TN93000700 Ordram 15-G Molinate
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Table 2 of this unit includes the name and address of record for
the registrants of the products in Table 1 of this unit, in sequence by
EPA company number:
[[Page 18370]]
Table 2.--Registrants Requesting Voluntary Cancellation
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Company Number Company Name and Address
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100 Syngenta Crop Protection,
Inc.
P.O. Box 18300
Greensboro, NC 27419-8300
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74530 Helm Agro U.S., Inc.
Nordkanalstrasse 28
D-20097 Hamburg, Germany
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III. Cancellation Order
Pursuant to section 6(f) of FIFRA, EPA hereby approves the
requested cancellations of molinate product registrations identified in
Table 1 of this notice. Accordingly, the Agency orders that the
molinate product registrations identified in Table 1 are hereby
canceled as of June 30, 2008.
IV. Modification of the Terms and Conditions of the Molinate
Registrations
The 2002 sales level of the molinate active ingredient will be the
maximum amount that Syngenta and Helm will sell or distribute in 2004,
2005, and 2006. Syngenta and Helm may not sell or distribute any more
than 75% of the 2002 sales levels in the year 2007, and sell or
distribute more than 50% of the 2002 sales levels in the year 2008.
Syngenta and Helm will provide annual production/sales reports to
the Agency beginning in the year 2004 through 2009. Syngenta and Helm
will also provide inventory reports for the years 2007, 2008, and 2009.
These reports will be submitted by September 30 of each year to the
Agency's Chemical Review Manager for molinate.
Failure by either registrant to comply with the sale or
distribution limits contained in the molinate registration constitutes
grounds for immediate cancellation of the registration without
opportunity for a hearing.
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
registration 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.
VI. What Comments Did the Agency Receive?
EPA received two sets of comments on the voluntary cancellation
requests for molinate products during the comment period. The
commenters, Pesticide Action Network North America (PANNA) and Natural
Resource and Defense Council (NRDC) strongly support the cancellation
of molinate, but are concerned that the proposed phase-out is too long
and will permit ongoing environmental and human health harm for many
years. Further, they were concerned that the Agency is not requiring
risk mitigation during the phase-out period to address exposure to
molinate in ambient air.
EPA believes the voluntary agreement achieves more timely risk
mitigation then would have been achieved through a regulatory process.
In addition, under FIFRA, where the Agency must look at risks and
benefits of a pesticide, it is not certain that the result of
reregistration would have been cancellation. EPA's detailed responses
to PANNA and NRDC comments may be found in the docket listed in Unit
I.B1.
VII. Provisions for Disposition of Existing Stocks
For purposes of this 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 a registered pesticide
product 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 order. The existing stocks provisions of this
cancellation order are as follows:
The cancellation of these registrations has an effective date of
June 30, 2008. After that date, Syngenta Crop Protection Inc., and Helm
Agro U.S. Inc., may not sell or distribute any molinate products except
as detailed in the cancellation order. Syngenta Crop Protection Inc.,
and Helm Agro U.S. Inc., will be permitted to distribute the molinate
active ingredient in 2009 for the purposes of facilitating usage by
August 31, 2009. No use of products containing molinate is permitted
after the 2009 growing season (August 31, 2009).
List of Subjects
Environmental protection, Pesticides and pests.
Dated: March 26, 2004.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 04-7868 Filed 4-6-04; 8:45 am]
BILLING CODE 6560-50-S