[Federal Register Volume 64, Number 51 (Wednesday, March 17, 1999)]
[Notices]
[Page 13191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6182]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-66265; FRL-6067-8]


Oxythioquinox; Voluntary Termination of Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of receipt of request to terminate uses.

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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 requests by Bayer Corporation to voluntarily 
cancel products containing oxythioquinox (Morestan), 6-methyl-1,3-
dithiolo [4,5-b] quinoxalin-2-one or chinomethionate, to terminate 
uses.

DATES: Unless the request is withdrawn by September 13, 1999, orders 
will be issued canceling these registrations.

FOR FURTHER INFORMATION CONTACT: By mail: Jamil Mixon, Reregistration 
Branch I, (7508C), Special Review and Reregistration Division, Office 
of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20046. Office location for commercial courier, 
Reregistration Branch I, 3rd floor, 2800 Crystal Drive, Arlington, VA; 
telephone number: (703) 308-8032.

SUPPLEMENTARY INFORMATION:

I. Background Information

    Oxythioquinox (trade name Morestan) is an insecticide/miticide/
fungicide first registered in 1968, to control mites, mite eggs on 
ornamental plants in green houses, nurseries and landscapes. On October 
17, 1996, Bayer requested voluntary cancellation of all food uses but 
citrus. Bayer also requested cancellation of all but two of the 24(c) 
registrations (California and Louisiana). Subsequently, on June 4, 
1997, the Agency received a request from Bayer to cancel registration 
of the remaining food-use products: Morestan 25WP (3125-117) and 
Morestan Solupak 25 WP 9 (3125-302). These cancellations were announced 
in the Federal Register of August 27, 1997 (62 FR 45416) (FRL-5737-4), 
and became final March 9, 1998. Initiation of the exiting stocks period 
began when the Agency received the request for cancellations and ran 
for 18 months. On February 1, 1999, Bayer requested cancellation of its 
remaining oxythioquinox registrations. After cancellation orders for 
these products are issued, there will be no remaining registered 
products containing oxythioquinox.

II. Terminations Pursuant to Voluntary Requests

    Under section 6(f)(1) of FIFRA, registrants may request at any time 
that ``a pesticide registration of the registrant be canceled or 
amended to terminate one or more pesticide uses.'' (7 U.S.C. 
136d(f)(1)). Consistent with 6(f)(1) of FIFRA, EPA is issuing a notice 
of receipt of the request.

III. Termination Intent to Cancel

    This notice announces receipt of request for voluntary cancellation 
of EPA registrations listed in Table 1 below. Unless this request is 
withdrawn, oxythioquinox (Morestan) will no longer appear in any 
registered products.

            Table 1.--6(F) Notice for Voluntary Cancellation
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               Product Name                    EPA Registration Number
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Morestan 4 Ornamental Miticide              3125-381
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Morestan 4 Nursery Miticide                 3125-437
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Morestan 4 Technical                        3125-205
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IV. Procedures for Withdrawal of Request

    For Bayer to withdraw a request for use termination the company 
must submit such withdrawal in writing to Jamil Mixon, at the address 
given above, postmarked before September 13, 1999. This written 
withdrawal of the request for use termination will apply only to the 
applicable 6(f)(1) request listed in this notice. The notice must 
include a commitment to pay any maintenance fees and to fulfill any 
unsatisfied data requirements.

V. Existing Stocks Provision

    EPA proposes to accept the registrants' request for amendment to 
terminate all products listed in Table 1 in Unit III. of this notice. 
It is EPA's general practice to accept registrant's requests for 
cancellation of registrations or specific registered uses.
    Notice of the request for cancellation is published primarily for 
the purpose of alerting affected parties so that they may either 
attempt to convince the registrant to maintain the registration or 
apply to register the product themselves. EPA proposes to approve these 
cancellations expeditiously after the close of the comment period 
unless the registrant withdraws its request or a compelling reason 
opposing termination is presented in public comments. If the requests 
are granted, any use of the above mentioned chemicals would be 
permitted only if the products are used in accordance with the terms 
and conditions specified on the label.
    EPA also proposes to accept the registrants' requests for existing 
stocks provisions. Under FIFRA section 6(a)(1), EPA may permit the 
continued sale and use of a canceled pesticide if such sale or use ``is 
not inconsistent with the purposes of this Act.'' For each of the 
chemicals listed in this notice: Morestan 4 Ornamental Miticide, 
Morestan 4 Nursery Miticide, and Morestan Technical, the Agency has 
concluded that the limited short-term continued use of these 
pesticides, when used in accordance with the label, will not result in 
unreasonable risk or adverse effects to human health or the 
environment.
    If EPA grants any or all of the requested cancellations, it is 
likely that the Agency will establish an existing stocks provision 
consistent with the following schedule. The distributors of products 
containing the active ingredients, as listed in Table 1 in Unit III. of 
this notice, have requested an 18-month existing stocks provision from 
the effective date of cancellation as a condition of its termination, 
so that existing supplies of oxythioquinox (Morestan) can be exhausted. 
EPA agrees to registrant's request and will permit sale and 
distribution of these products for 18 months after the effective date 
of cancellation. The end-users will then be allowed an additional year 
(for a total of 2 years beyond the registrant requested date) for the 
use of existing stocks for each of these chemicals.

    Dated: March 3, 1999.
Jack E. Housenger,
Acting Director, Special Review and Reregistration, Office of Pesticide 
Programs.

[FR Doc. 99-6182 Filed 3-16-99; 8:45 am]
BILLING CODE 6560-50-F