[Federal Register Volume 64, Number 101 (Wednesday, May 26, 1999)]
[Notices]
[Pages 28471-28472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13376]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-64041; FRL-6082-9]


Notice of Cancellation of All Registrations of the 
Organophosphate Isofenphos

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Notice.

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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 its response to requests for voluntary cancellation of 
registrations for all products containing isofenphos by Bayer 
Corporation, the sole U.S. registrant of the insecticide.
DATES: These terminations and cancellations become effective according 
to the timetable specified under ``Background'' subject to the existing 
stocks provision specified herein.
FOR FURTHER INFORMATION CONTACT: By mail: Philip Poli, Special Review 
and Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location, telephone number and e-mail: Reregistration Branch 3, 
Crystal Mall #2, 6th floor, 1921 Jefferson Davis Highway, Arlington, 
VA; (703) 308-8038; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:

I. Introduction

    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 or amended. 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 EPA 
Administrator may approve or deny the request consistent with the 
provisions established pursuant to section 6(f)(1).
    Accordingly, the Agency is proceeding with the cancellation of all 
isofenphos products as specified in the January 15, 1999 Federal 
Register. That notice announced receipt of these requests for 
termination/cancellation and provided for disposition of existing 
stocks.

II. Background

    Isofenphos is the common name for an insecticide of the 
organophosphate class; its trade name is Oftanol. The chemical name for 
isofenphos is 1-methylethyl 2-[[ethoxy[(1-methylethyl)amino] 
phosphinothioyl]oxy]benzoate. Bayer Corporation is the sole technical 
manufacturer of isofenphos and manufactures the technical material 
overseas. Isofenphos was registered in the United States for use on 
turf and ornamentals for control of white grubs and molecrickets, 
although only the turf use products were being sold at the time of the 
request for voluntary cancellation.
    In the Federal Register of January 15, 1999 (64 FR 2642) (FRL 6056-
5), EPA issued a notice announcing receipt of the isofenphos 
registrants' request to terminate uses and cancel registrations under 
section 3 of FIFRA, and provided notice of EPA's intent to accept those 
requests. According to the timetable specified in the January 15, 1999 
Federal Register notice, cancellation of Bayer Corporation's isofenphos 
registrations will be accomplished in three steps. First, the following 
product registrations are canceled effective May 26, 1999. 
    \ Oftanol 5% Granular Turf and Ornamental Insecticide, EPA Reg. No. 
3125-435
    \ Oftanol 5% Granular Insecticide, EPA Reg. No. 3125-330
    \ Oftanol 1.5% Granular Insecticide, EPA Reg. No. 3125-331
    \ Lawn Food and Insecticide, EPA Reg. No. 3125-350
    EPA will continue to permit the sale, distribution and use of 
existing stocks of these product registrations already in the hands of 
dealers or users.
    Second, Bayer's product Oftanol 2 Insecticide (EPA Reg. No. 3125-
342) will be canceled on September 30, 1999. The Agency has authorized 
a 1-year existing stocks provision, whereby Bayer Corporation may sell 
and/or distribute all remaining inventory of this product, under the 
previously approved labeling, until September 30, 2000. Third, the 
cancellation of Oftanol technical will become effective on December 31, 
1999. Bayer Corporation will discontinue any further sales and/or 
distribution of Oftanol technical as of this date.
    Further, because sales of isofenphos have been steadily declining 
since 1994, Bayer has agreed to limit the sale of Oftanol technical in 
1999 to the level of 1998 sales. Finally, Bayer also stated in its 
December 11, 1998 letter to the Agency requesting voluntary 
cancellation, that they will notify formulator customers of the 
schedule for discontinuance of their isofenphos product registration 
``to give them adequate transition time to develop or identify 
alternative products.''

[[Page 28472]]

 III. Cancellation Order and Existing Stocks Provision

    The Agency hereby grants all of the requested cancellations, 
consistent with the schedule Bayer Corporation requested in its 
December 11, 1999 voluntary cancellation letter to the Agency. Bayer 
Corporation requested in its December 11, 1999 letter a l-year existing 
stocks provision for its end-use product Oftanol 2 Insecticide (EPA 
Reg. No. 3125-342). The Agency has determined that the effective date 
of cancellation for this product will be September 30, 1999. The Bayer 
Corporation, and any supplemental distributors, may sell or distribute 
existing stocks of this product, bearing the previously-approved 
labeling, until September 30, 2000. In addition, EPA will continue to 
permit, after September 30, 2000 (EPA Reg. No. 3125-342) and December 
31, 1999 (EPA Reg. No. 3125-326), the sale, distribution, and use of 
existing stocks of product containing isofenphos already in the 
channels of distribution by persons other than the registrant and/or 
supplemental registrants, (i.e., stocks already in the hands of dealers 
and users).
    Cancellation of the following isofenphos product registrations will 
become effective on May 26, 1999. EPA will continue to permit the sale, 
distribution and use of existing stocks of the following product 
registrations already in the hands of any person other than the 
registrant and/or supplemental distributors:
    \ Oftanol 5% Granular Turf and Ornamental Insecticide, EPA Reg. No. 
3125-435
    \ Oftanol 5% Granular Insecticide, EPA Reg. No. 3125-330
    \ Oftanol 1.5% Granular Insecticide, EPA Reg. No. 3125-331
    \ Lawn Food and Insecticide, EPA Reg. No. 3125-350
    All sale or distribution of existing stocks permitted by this 
cancellation order is permitted only to the extent that the product 
being sold or distributed bears the previously-approved label that was 
required to be on the product on the date of cancellation. All use of 
existing stocks of any product canceled pursuant to this cancellation 
order must be consistent with the previously-approved labeling on or 
accompanying the product. In addition, dealers and users should be 
aware that the Agency reserves the right to amend the existing stocks 
portion of this order if conditions warrant that existing stocks are 
not exhausted in a reasonable time.

Lists of Subjects:

    Environmental protection, Agricultural commodities, Pesticides and 
pests, Product registrations

    Dated: May 18, 1999.

Lois A. Rossi,

Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 99-13376 Filed 5-25-99; 8:45 am]
BILLING CODE 6560-50-F