[Federal Register Volume 59, Number 177 (Wednesday, September 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22583]
[[Page Unknown]]
[Federal Register: September 14, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-64024; FRL 4902-3]
Cancellation of Pesticides for Non-Payment of 1994 Registration
Maintenance Fees
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: Since the amendments of October, 1988, the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) has required
payment of an annual maintenance fee to keep pesticide registrations in
effect. The fee due last January 15 has gone unpaid for about 1,480
registrations. Section 4(i)(5)(D) of FIFRA provides that the
Administrator may cancel these registrations by order and without a
hearing; orders to cancel all but a few of them have been issued within
the past few days. The Agency is deferring cancellation for certain of
these registrations, however, to permit time for affected users to
explore alternatives to cancellation directly with the registrants.
DATES: Reports of agreements to support continued registration or
transfer of the registrations for which cancellation is being deferred
must be received by December 13, 1994.
FOR FURTHER INFORMATION CONTACT: To report agreements to support
continued registration of any of the products for which cancellation
has been deferred, for instructions on payment of delinquent
maintenance fees for these products, or for further information on the
maintenance fee program in general, contact by mail: John Jamula,
Office of Pesticide Programs (7504C), Environmental Protection Agency,
401 M St., SW, Washington, DC 20460. Office location and telephone
number: Room 226, Crystal Mall No. 2, 1921 Jefferson Davis Highway
South, Arlington, VA 22202, (703) 305-6426.
SUPPLEMENTARY INFORMATION:
I. Introduction
Section 4(i)(5) of FIFRA as amended in October, 1988, and again in
December, 1991 requires that all pesticide registrants pay an annual
registration maintenance fee, due by January 15 of each year, to keep
their registrations in effect. This requirement applies to all
registrations granted under section 3 as well as those granted under
section 24(c) to meet special local needs. Registrations for which the
fee is not paid are subject to cancellation by order and without a
hearing.
The 1990 Farm Bill amended FIFRA to allow the Administrator to
reduce or waive maintenance fees for minor agricultural use pesticides
when she determines that the fee would be likely to cause significant
impact on the availability of the pesticide for the use. The Agency has
waived the fee for 42 minor agricultural use registrations at the
request of the registrants. The Agency has identified 11 other
registrations for which the maintenance fee was not paid and for which
no waiver was requested that fall into this category, and is deferring
cancellation of these registrations for a period of 90 days. Section
III contains a list of these registrations and their vulnerable minor
uses, along with instructions for preventing their cancellation.
In late November, 1993, all holders of either section 3
registrations or section 24(c) registrations were sent lists of their
active registrations, along with forms and instructions for responding.
They were asked to identify which of their registrations they wished to
maintain in effect, and to calculate and remit the appropriate
maintenance fees. Most responses were received by the statutory
deadline of January 15. A notice of intent to cancel was sent in mid-
March to companies who did not respond and to companies who responded,
but paid for less than all of their registrations. Late payments of the
fees were accepted until April 15, when the actual process of
cancellation was begun.
Since mailing the notices, EPA has maintained a toll-free inquiry
number through which the questions of affected registrants have been
answered.
Maintenance fees have been paid for about 16,925 section 3
registrations, or about 94 percent of the registrations on file in
December. Fees have been paid for about 2,400 section 24(c)
registrations, or about 84 percent of the total on file in November.
Cancellations for non-payment of the maintenance fee affect about 1000
section 3 registrations and about 480 section 24(c) registrations.
II. Product Cancellations Not Affecting Status of Active Ingredient
Our analyses indicate that many of these cancellations are simple
housekeeping transactions, unlikely to affect pesticide markets or
users. For example, more than 80 percent of the section 3 registrations
for which no fee was paid are no longer in production, and their
disappearance from the market will cause no adverse impact.
Although we do not have comparable production data for them, we
believe that most of the canceled 24(c) registrations for special local
needs are similarly obsolete. Over 60 percent of them were originally
issued before 1988--most for a finite period which has long since
expired. We also know that a large proportion have been made obsolete
by subsequent section 3 registrations for the same uses.
The remaining registrations, 276 section 3 registrations and 158
section 24(c) registrations issued in the past 5 years, have been the
principal focus of our further impact analyses. In all cases but five
section 3 registrations discussed in section III below, the active
ingredients will remain available in other registered products. We
anticipate two types of impact for the bulk of these cancellations.
First, some of these disappearing registrations will be survived in the
market by substantially identical registrations. These substantially
identical products may not, however, be readily available wherever a
disappearing product was sold, so there may be local or regional
disruptions while distribution patterns are adjusted. We expect these
disruptions to be minor and temporary.
The cancellation orders generally permit registrants to continue to
sell and distribute existing stocks of the canceled products until the
due date for the next annual registration maintenance fee, January 15,
1995. Existing stocks already in the hands of dealers or users,
however, can generally be distributed, sold or used legally until they
are exhausted. Existing stocks are defined 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 action.
The exceptions to these general rules are cases where more
stringent restrictions on sale, distribution, or use of the products
have already been imposed, through Special Reviews or other Agency
actions. These general provisions for disposition of stocks should
serve in most cases to cushion the impact of these cancellations while
the market adjusts.
Second, in some cases unique non-agricultural uses will disappear,
although the active ingredients will remain available for different
uses in other products. When this situation occurs, there may be more
serious impacts on users of the canceled products. Once again, existing
stocks of the canceled products already in channels of trade will be
usable to mitigate these impacts in the short term. For the longer term
the mechanisms of section 3 amendments and 24(c) registrations will
remain available to obtain replacement registrations.
Neither of these types of impact leaves users without the means to
replace lost registrations; neither is considered to justify further
deferral of cancellations for non-payment of the maintenance fee. Thus
all these registrations for which the active ingredient will remain in
other products have been canceled.
III. Cancellations Leading to Disappearance of Minor Agricultural
Uses
A third type of impact arises in cases where unique agricultural
uses would disappear. The 1990 Farm Bill amended FIFRA to allow the
Administrator to reduce or waive maintenance fees for minor
agricultural uses when she determines that the fee would be likely to
cause significant impact on the availability of the pesticide for the
use. The Agency waived the fee for 42 registrations at the request of
the registrants. The Agency has also identified 11 more registrations
for minor agricultural uses for which the maintenance fee was not paid
and for which no waiver was requested, and will defer cancellation of
these registrations for 90 days to permit affected users to explore
alternatives to cancellation. If the Agency is notified within 90 days
of this notice at the address given above either (1) that the
registrant will continue to support the registration, or (2) that an
agreement has been reached to transfer the registration to another
party, we will waive the 1994 maintenance fee and retain the
registration in full active status. It should be emphasized, however,
that any such registrations would still be subject to all requirements
for reregistration, including reregistration fees (except as they may
be reduced through the statutory provisions for small businesses or low
volume uses).
The 11 registrations containing a disappearing minor agricultural
use are grouped by active ingredient in the following Table 1:
Table 1. -- Products Registered for a Disappearing Minor Agricultural Use which are Pending Cancellation for Non-
Payment of 1994 Registration Maintenance Fee
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Chemical Name Registration No. Product Name Site
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Acetic acid, (2,4- 010292-00032 Venus Selective Weed Killer Barley (spring) (foliar
dichlorophenoxy)-, 2- treatment)
ethylhexyl ester.
Wheat (winter) (foliar
Treatment)
Aliphatic petroleum 005967-00128 Dormant Emulsion Almonds (dormant
hydrocarbons. application)
Apples (dormant)
Pears (delayed dormant
application)
Apricots (dormant
application)
Cherries (dormant
application)
Nectarines (dormant
application)
Peaches (dormant)
Plums (dormant application)
Prunes (dormant
application)
005967-00155 Superior 993 Oil Spray Almonds (delayed dormant
application)
Apples (foliar treatment)
Pears (foliar treatment)
Apricots (delayed dormant
application)
Nectarines (delayed dormant
application)
Peaches (delayed dormant
application)
Plums (delayed dormant
application)
Prunes (delayed dormant
treatment)
049074-00003 Michlin ``MA-2'' Soybeans (forage) (foliar
Methoxychlor Elm Tree Spray treatment)
Insecticide.
2,2-Dichlorovinyl dimethyl 005602-00171 Lethalaire A-50 Peanut Storage Areas
phosphate.
O,O-Diethyl O-(2-isopropyl-6- 000550-00136 NAMCO Diazinon 4e Citron (citrus) (bark
methyl-4-pyrimidinyl) treatment)
phosphorothioate.
Grapefruit (bark treatment)
Kumquat (basal bark
treatment)
Lemons (bark treatment)
Limes (bark treatment)
Oranges (bark treatment)
Tangelos (bark treatment)
Tangerines (bark treatment)
Cherries (sweet)
(postharvest)
014775-00018 Diazinon AG 50 Insecticide Beans (forage-fodder)
(foliar treatment)
O,O-Dimethyl 011773-00006 Cornbelt Malathion 57 Blackberries (foliar
phosphorodithioate of Treatment)
diethyl mercaptosuccinate.
Boysenberries (foliar
Treatment)
Dewberries (foliar
Treatment)
Loganberries (foliar
Treatment)
Raspberries (foliar
Treatment)
Walnuts (bait application)
Methoxychlor (2,2-bis(p- 049074-00003 Michlin ``MA-2'' Soybeans (forage) (foliar
methoxyphenyl)-1,1,1- Methoxychlor Elm Tree Spray treatment)
trichloroethane ). Insecticide.
1-Naphthyl-N-methylcarbamate 000299-00220 C.J. Martin Dipel and Sevin Beets, Garden (leafy
for Insect Control In vegetable)
Garden
Sodium dichloro-s- 063287-00001 Mr.O's Sanitizing Tablets Bushberries (foliar
triazinetrione. Treatment)
Strawberries (foliar
treatment)
Citrus (dormant
application)
Nectarines (foliar
treatment)
Peaches (foliar treatment)
Alfalfa (seed treatment)
cis-N-Trichloromethylthio-4- 000407-00290 Imperial Captan 50W Pears (foliar treatment)
cyclohexene-1,2-
dicarboximide.
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We encourage individual users or user groups who are concerned
about the potential loss of these active ingredients to work directly
with registrants identified by the first six digits of the Reg. No. in
Table 1 to persuade them to continue to support the ingredient, or to
identify third parties who would be willing to support the ingredient
if the registrations were transferred to them. The full names and
addresses of the current registrants appear in Table 3 below.
IV. Cancellations Leading to Disappearance of Active Ingredients
A final type of impact arises if an active ingredient that is now
or has recently been available in the marketplace disappears. The
Agency believes there are eight registered active ingredients in this
category. No production has been reported for three of these active
ingredients during the past three years; after deleting these three
from the list of eight, five active ingred ients remain. Of the five
active ingredients--none subject to prior regulatory action, and all
likely to disappear as a consequence of these cancellations--two are
used in agriculture; one is a rodenticide; one is used for turf grass,
and one is used on ornamental plants. If the last section 3
registration for an ingredient disappears, the section 24(c)
registration process is unlikely to be able to compensate for the loss.
These five ingredients, grouped by these same general categories of
use patterns, are listed along with the EPA Company Number of their
registrants in the following Table 2.
Table 2. -- Active Ingrdients With Recent Production Pending
Cancellation of All Products for Non-payment of 1994 Registration
Maintenance Fees, In Sequence by Broad Use Pattern
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Chemical Name Registration No. Product Name
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A. Agricultural Uses:..
Kerosene............. 005967-00153 Maxipreme
Dinitor-N,N- 062719-00104 PAARLAN EC
dipropylcumidene.
B. Rodenticide:........
Isovaleryl-1,3 000769-00746 TRAC Anticoagulant
indandione, calcium Tracking Powder Kills
salt. Rats and Mice
C. Turf Grass:.........
Isooctyl(2-octyl) 2,4- 039335-00051 Lo-Vol 2D/2DP Turf
dichlorophenoxy- Care Herbicide
acetate.
D. Ornamental Plants:..
Cyclododecyl-2,6 058185-00012 MILBAN
dimethylmorpholine
acetate.
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Because these active ingredients are likely to disappear with their
product registration, the Agency has deferred for 90 days the
cancellation of these five registrations. During that time those
registrants or other affected persons may make arrangements to continue
the registration.
We encourage individual users or user groups who are concerned
about the potential loss of these active ingredients to work directly
with the registrant identified by the first six digits of the Reg. No.
in Table 2 to persuade them to continue to support the ingredient, or
to identify third parties who would be willing to support the
ingredient if the registration were transferred to them. The full names
and addresses of current registrants appear in Table 3 below. We also
encourage users to consult with the Cooperative Extension Service or
other local sources to identify alternatives to these active
ingredients.
If the Agency is notified within 90 days of this notice at the
address given above either (1) that the registrant will continue to
support the registration, or (2) that an agreement has been reached to
transfer the registration to another party, we will retain the
registration in full active status as soon as the delinquent
maintenance fee payment is received. It should be emphasized, however,
that any such registrations would still be subject to all requirements
for reregistration, including reregistration fees (except as they may
be reduced through the statutory provisions for small businesses or low
volume uses).
Table 3. -- Registrants of Selected Registrations Cancellation for Non-
Payment of 1993 Registration Maintenance Fee
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EPA
Company Registrant Name and Address
Number
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000299.. C.J. Martin Co, Box 630009, Nacogdoches, TX 75963.
000407.. Imperial Inc., Box 98, Shenandoah, IA 51601.
000550.. Van Waters & Rogers, Inc., Subsidiary of Univar, Box 34325,
Seattle, WA 98104.
000769.. H.R. Mclane, Inc., Agent For: Sureco, Inc., 7210 Red Rd.,
Suite 206, Miami, FL 33143.
005602.. Hub States Corp., 8455 Keystone Crossing Suite 150,
Indianapolis, IN 46240.
005967.. Moyer Products, Inc., Box 5434, Fresno, CA 93755.
010292.. Venus Laboratories, Inc., 855 Lively Blvd, Wood Dale, IL
60191.
011773.. Van Diest Supply Co., Box 610, Webster City, IA 50595.
014775.. Asgrow Florida Co, 4144 Hwy 39 N, Plant City, FL 33565.
039335.. Maxus Agri Chem'l, 717 N. Harwood St. 3300, Dallas,
TX 75201.
049074.. Michlin Diazo Products Corp., 10501 Haggerty St., Dearborn, MI
48126.
058185.. Grace-Sierra Crop Protection Co, Regulatory Affairs Dept, 1001
Yosemite Dr, Milpitas, CA 95035.
062719.. DOWELANCO, 9330 Zionsville Rd, Indianapolis, IN 46268.
063287.. Olde Tyme Products Inc., Subsidiary of Carroll Co, 2900 W.
Kingsley Rd, Garland, TX 75041.
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In addition to publishing this notice in the Federal Register, we
are sending it directly to the States, to the U.S. Department of
Agriculture, and to other parties who have previously expressed concern
for minor uses. They should be receiving the notice at approximately
the same time it is published. We hope that this extraordinary
notification effort, and the deferral of cancellations for the most
sensitive registrations, will serve to prevent any avoidable loss of
critical minor use pesticides.
Because so many registrations are involved, it would be impractical
to list those which have been canceled in this notice. Complete lists
of registrations canceled for non-payment of the maintenance fee will,
however, be available for reference during normal business hours in the
OPP Public Docket, Room 1128, Crystal Mall 2, 1921 Jefferson Davis
Highway South, Arlington VA, and at each EPA Regional Office. Product-
specific status inquiries may be made by telephone by calling toll-free
1-800-444-7255.
List of Subjects
Environmental protection, Agricultural commodities, Pesticides and
pests.
Dated: August 31, 1994.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 94-22583 Filed 9-13-94; 8:45 am]
BILLING CODE 6560-50-F