[Federal Register Volume 60, Number 172 (Wednesday, September 6, 1995)]
[Notices]
[Pages 46279-46280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21944]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-64028; FRL 4972-6]


Notice of Receipt of Voluntary Cancellation Request of 
Registration of VAPAM-B Foaming Fumigant Containing the Active 
Ingredient Metam-Sodium

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This Notice, issued pursuant to section 6(f)(1) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), announces EPA's 
receipt of a request from Zeneca Ag Products to cancel the registration 
for VAPAM-B Foaming Fumigant (EPA Registration Number 10182-185).

DATES: Written comments must be submitted on or before October 6, 1995.

    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect in 5.1 file format or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number [OPP-64028]. No Confidential Business Information 
(CBI) should be submitted through e-mail. Electronic comments on this 
notice may be filed online at many Federal Depository Libraries. 
Additional information on electronic submissions can be found below in 
this document.

FOR FURTHER INFORMATION CONTACT: By mail: Wilhelmena Livingston, 
Special Review Branch, Special Review and Reregistration Division 
(7508W), Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: Special Review Branch, 
3rd floor, 2800 Crystal Drive, Arlington, VA. (703) 308-8025; e-mail: 
livingston [email protected].

SUPPLEMENTARY INFORMATION: This Notice announces the receipt of a 
request from Zeneca Ag Products to cancel its registration of VAPAM-B 
Foaming Fumigant.

I. Background

    Pursuant to section 6(b) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), the Administrator may seek cancellation of a 
product if a pesticide or its labeling or other material required to be 
submitted for registration does not comply with the provisions of this 
act. The Agency issued a letter to Zeneca Ag Products (Zeneca) on March 
15, 1995, notifying the registrant that a Confidential Statement of 
Formula (CSF) was not on file with the Agency for VAPAM-B Foaming 
Fumigant, a product that contains metam-sodium. The letter indicated 
that an up-to-date CSF or a request for voluntary cancellation must be 
received by the Agency within 30 days of receipt of the March 15, 1995 
letter.

II. Request for Voluntary Cancellation

    On March 28, 1995, Zeneca Ag Products submitted a letter to EPA 
requesting voluntary cancellation of the registration for VAPAM-B 
Foaming Fumigant (EPA registration number 10182-185), pursuant to FIFRA 
section 6(f)(1). Zeneca indicated in the letter that the subject 
product has not been manufactured or distributed in many years, 
therefore, Zeneca requests voluntary cancellation of the registration 
for VAPAM-B Foaming Fumigant. EPA intends to approve the proposed 
voluntary cancellation unless Zeneca withdraws or amends its request 
before the end of the comment period.

III. Procedures for Withdrawal of Request

    If Zeneca chooses to withdraw its request for cancellation, it must 
submit such withdrawal in writing to Wilhelmena Livingston, Special 
Review Branch, Special Review and Reregistration Division (7508W), 
Environmental Protection Agency, 401 M St., S.W., Washington, DC 20460, 
postmarked on or before October 6, 1995. This written withdrawal of the 
request for cancellation must include a current CSF for the product, 
and a commitment to pay any reregistration or registration maintenance 
fees due, as well as to fulfill any applicable unsatisfied data 
requirements.

IV. Provisions for Existing Stocks

    Under the authority of FIFRA section 6(a)(1), EPA will establish 
certain limitations on the distribution and use of exiting stocks of 
VAPAM-B Foaming Fumigant subject to any final cancellation notice. EPA 
defines the term ``existing stock'' to mean any quantity of VAPAM-B 
Foaming Fumigant in the United States on the effective date of the 
cancellation of a registration granted by the Agency. Such existing 
stocks include VAPAM-B Foaming Fumigant that have been formulated, 
packaged, and labeled and are being held for shipment or release or 
have been shipped or released into commerce.
    Consistent with the Agency's established policy for determinations 
concerning existing stocks (56 FR 29362), the Agency will permit Zeneca 
to sell and distribute existing stocks of this product for up to 1 year 
after the effective date of this cancellation. Any sale or distribution 
of the product by Zeneca after that 1 year period will be a violation 
of federal law. Any existing stocks remaining in the possession of all 
other persons after 1 year may continue to be sold, distributed, and 
used until such existing stocks are exhausted.

V. Comments

    Persons interested in commenting on the proposed cancellation are 
invited to submit their written comments on or before October 6, 1995 
to the address given above. 

[[Page 46280]]


VI. Public Docket

     A record has been established for this notice under docket number 
``[OPP-64028]'' (including comments and data submitted electronically 
as described below). A public version of this record, including 
printed, paper versions of electronic comments, which does not include 
any information claimed as CBI, is available for inspection from 8 a.m. 
to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
public record is located in Room 1132 of the Public Response and 
Program Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, Crystal Mall #2, 
1921 Jefferson Davis Highway, Arlington, VA.
    Electronic comments can be sent directly to EPA at:
    [email protected]


    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this notice, as well as the public version, 
as described above will be kept in paper form. Accordingly, EPA will 
transfer all comments received electronically into printed, paper form 
as they are received and will place the paper copies in the official 
record which will also include all comments submitted directly in 
writing. The official record is the paper record maintained at the 
address in ``ADDRESSES'' at the beginning of this document.

List of Subjects

    Environmental protection, Agricultural commodities, Pesticides and 
pests.

    Dated: August 22, 1995.
Lois Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 95-21944 Filed 9-5-95; 8:45 am]
BILLING CODE 6560-50-F