Pesticide registration, cancellation, etc.: Bayer CropScience,

[Federal Register: July 7, 2004 (Volume 69, Number 129)]

[Notices]

[Page 40905-40906]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr07jy04-87]

ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0127; FRL-7363-2]

Desmedipham and Phenmedipham; Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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 the Bayer Cropscience, to voluntarily cancel certain pesticide registrations, containing Desmedipham and Phenmedipham

DATES: Unless a request is withdrawn by August 6, 2004, for EPA Registration Numbers: 264-628 and 264-629, orders will be issued canceling these registrations. The Agency will consider withdrawal requests postmarked no later than August 6, 2004.

FOR FURTHER INFORMATION CONTACT: Demson Fuller, Information Resources Services 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:

1. General Information

   1. 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.

   2. 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-2004-0127. 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

      [[Page 40906]]

      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.

2. What Action is the Agency Taking?

   This notice announces receipt by the Agency of an application from the registrant to cancel two pesticide products registered under section 3 or 24(c) of FIFRA. These registrations are listed in sequence by registration number (or company number and 24(c) number) in Table 1 of this unit:

   Table 1.--Registrations with Pending Requests for Cancellation

   Registration Number

   Product Name

   Chemical Name

   264-628, previously 45639-155 BETANEX 70 WP Desmedipham Herbicide

   264-629, previously 45639-156 BETAMIX 70 WP Desmedipham and phenmedipham

   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.

   Unless a request is withdrawn by the registrant within 30 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 30-day period.

   Table 2 of this unit includes the name and address of record for the registrant of the products in Table 1 of this unit.

   Table 2.--Registrant Requesting Voluntary Cancellation

   EPA Company Number

   Company Name and Address

   264

   Bayer CropScience 2 T.W. Alexander Drive Research Triangle, NC 27709

3. 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.

4. 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 6, 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.

5. 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. See the Federal Register of June 26, 1991 (56 FR 29362). The existing stocks provisions of the forthcoming cancellation order will be as follows:

   Distribution or sale. It is unlawful for any person to distribute or sell existing stocks of any product identified in Table 1.

   i. Registrants 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.

   ii. 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: June 17, 2004. Debra Edwards, Director, Special Review and Reregistration Division, Office of Pesticide Programs.

   [FR Doc. 04-15350 Filed 7-6-04; 8:45 am]

   BILLING CODE 6560-50-S