[Federal Register Volume 65, Number 22 (Wednesday, February 2, 2000)]
[Notices]
[Pages 4969-4972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2283]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-66275; FRL-6487-5]


Notice of Receipt of Requests To Voluntarily Cancel Certain 
Pesticide Registrations

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  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 receipt of request by registrants to voluntarily 
cancel certain pesticide registrations. The companies that hold the 
pesticide registrations of pesticide products containing bendiocarb 
(2,2-dimethyl-1,3-benzodioxol-4-yl methylcarbamate) have asked EPA to 
cancel their registrations for these products. EPA has identified 
certain potential risks associated with some of the current uses of 
bendiocarb as well as many data gaps. Following publication of this 
Notice and a 30-day public comment period, EPA intends to carry out 
cancellation in four steps over a period of 24-months, with the 
residential uses posing the greatest potential exposure to children 
being phased out earlier than uses that present less exposure. The 
proposed existing stocks provisions are outlined below.

DATES:  Comments must be received on or before March 3, 2000. Following 
public comment, EPA intends to make the cancellations effective 
according to the following schedule: June 30, 2000 for bendiocarb 
technical; October 31, 2000 for end-use products labeled for use in and 
around homes; and December 31, 2001 for all other products containing 
bendiocarb.

FOR FURTHER INFORMATION CONTACT:  By mail: Diane Isbell, Special Review 
and Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; 
telephone number: 703-308-8154; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This action is directed to the public in general. You may 
potentially be affected by this action if you manufacture, sell, 
distribute, or use pesticide products containing the active ingredient 
bendiocarb. Bendiocarb is the common name for an insecticide of the 
carbamate class; its trade names are Ficam and Turcam. The chemical 
name for bendiocarb is 2,2-dimethyl-1,3-benzodioxol-4-yl 
methylcarbamate. AgrEvo Environmental Health and AgrEvo USA Company are 
the sole technical manufacturers of bendiocarb. Bendiocarb is presently 
registered in the United States and is used to control household, turf 
and ornamental plant insects, mosquitoes and fire ants. Specific uses 
include: household or domestic dwellings (indoor and outdoor), 
residential and ornamental turf, outdoor recreation areas, 
nonagricultural buildings and structures, eating establishments, food 
processing plants, hospitals, warehouses, greenhouses, ornamental 
plants, aircraft and buses. There are no current registered uses on 
food crops in the United States; however, there are tolerances for 
bendiocarb use on spot and/or crack and crevice treatment in food and 
feed handling establishments (40 CFR 180.530).
    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.

B. How Can I Get Additional Information, Including Copies of This 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/. A 
copy of the bendiocarb reregistration Fact Sheet is available at http://www.epa.gov/oppsrrd1/REDs/factsheets/0409fact.pdf.
    2. Fax on Demand. You may request to receive a faxed copy of this 
document and any available information by using a faxphone to call 
(202) 401-0527 and selecting item number [insert item number].
    3. In person. The Agency has established an official record for 
this action under docket control number [OPP-66275]. The official 
record consists of the documents specifically referenced in this 
action, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as confidential business information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Highway, 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is 703-305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number [OPP-66275] in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1921 
Jefferson Davis Highway, Arlington, VA. The PIRIB is open from 8 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is 703-305-5805.
    3. Electronically. You may submit your comments electronically by 
E-mail to: ``[email protected],'' or you can

[[Page 4970]]

submit a computer disk as described above. Do not submit any 
information electronically that you consider to be CBI. Avoid the use 
of special characters and any form of encryption. Electronic 
submissions will be accepted in Wordperfect 6.1/8.0 or ASCII file 
format. All comments in electronic form must be identified by the 
docket control number [OPP-66275]. Electronic comments may also be 
filed online at many Federal Depository Libraries.

D. How Should I Handle CBI That I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person identified under FOR FURTHER INFORMATION 
CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
     Explain your views/interests as clearly as possible.
     Describe any assumptions that you used.
     Provide copies of any technical information and/or data 
you used that support your views.
     Make sure to submit your comments by the deadline in this 
notice.
     To ensure proper receipt by EPA, be sure to identify the 
docket control number assigned to this action in the subject line on 
the first page of your response. You may also provide the name, date, 
and Federal Register citation.

II. What Action Is the Agency Taking?

    This notice announces receipt by the Agency of applications from 
registrants to cancel 23 pesticide products registered under section 3 
of FIFRA. These registrations are listed in sequence by registration 
number in Table 1, below. The Agency will proceed with the cancellation 
of the bendiocarb products listed in Table 1, according to the 
scheduled dates unless the request for voluntary cancellation is 
withdrawn by AgrEvo Environmental Health and AgrEvo USA Company, a 
registration is transferred (under the conditions explained below), or 
substantive comments are received from the public which cause the 
Agency to reconsider its approach to canceling the AgrEvo bendiocarb 
registrations. Once an active ingredient is canceled, any person 
wishing to bring the pesticide back on the market would need to apply 
to EPA for a ``new chemical'' registration. Such a registration cannot 
be approved until all applicable data requirements are satisfied.

      Table 1.--Bendiocarb Registrations with Pending Requests for
                              Cancellation
------------------------------------------------------------------------
                                                     Intended Effective
       Registration No.            Product name    Date for Cancellation
------------------------------------------------------------------------
10370-182                        Bendiocarb 20%    Immediately following
                                 Wettable Powder    comment period
10370-183                        Bendiocarb 76%    Immediately following
                                 Wettable Powder    comment period
10370-185                       Bendiocarb         Immediately following
                                 Technical 95%      comment period
10370-304                       Turcam 2.5G        Immediately following
                                 Insect Control     comment period
4816-703                        Wasp and Hornet    10/31/2000
                                 Killer No. 3
4816-704                        Pyrenone           10/31/2000
                                 Bendiocarb;
                                 Roach & Ant
                                 Spray
4816-711                        Bendiocarb 2.4;    10/31/2000
                                 Butacide 12.0
                                 Manufacturing
                                 Concentrate
45639-1                         Ficam W            10/31/2000
45639-2                         Bendiocarb         10/31/2000
                                 Wettable Powder
45639-3                         Ficam D            10/31/2000
45639-6                         Bendiocarb         6/30/2000
                                 Technical
45639-9                         Bendiocarb 1%      10/31/2000
                                 Dust
45639-10                        Bendiocarb 1%      10/31/2000
                                 Homeowner Dust
45639-59                        Turcam             12/31/2001
                                 Insecitcide
45639-64                        Bendiocarb 20%     10/31/2000
                                 Homeowner
                                 Wettable Powder
45639-66                        Ficam Plus         10/31/2000
45639-100                       Turcam 2\1/2\ G    12/31/2001
45639-102                       Ficam ULV          12/31/2001
                                 Solution
45639-139                       Bendiocarb 1\1/2\  10/31/2000
                                 G
45639-148                       Turcam Fertilizer  12/31/2001
45639-150                       Ficam 2\1/2\ G     10/31/2000
45639-151                       Turcam Fertilizer  12/31/2001
                                 GC
45639-152                       Ficam Plus R/S      10/31/2000
------------------------------------------------------------------------


[[Page 4971]]

    The following Table 2 includes the names and addresses of record 
for all registrants of the products in Table 1, in sequence by EPA 
company number:

        Table 2.-- Registrants Requesting Voluntary Cancellation
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            EPA Company No.                  Company name and address
------------------------------------------------------------------------
4816                                      AgrEvo Environmental Health,
                                          95 Chestnut Ridge Road,
                                          Montvale, NJ 07645
10370                                    AgrEvo Environmental Health, 95
                                          Chestnut Ridge Road Montvale,
                                          NJ 07645
45639                                    AgrEvo USA Company, Little
                                          Falls Centre One, 2711
                                          Centerville Road, Wilmington,
                                          DE 19808
------------------------------------------------------------------------

    The Agency is providing a 30-day comment period, during which the 
public may submit comments concerning this action. If any person 
notifies the Agency during the 30-day comment period of an agreement 
with AgrEvo to transfer one or more of AgrEvo's registrations, EPA will 
not issue the cancellation order for the affected product(s) provided 
that the following conditions are met. Within 30 days of notifying the 
Agency of its intention to transfer a registration, a request for 
transfer of registration must be submitted to the Agency in accordance 
with 40 CFR 152.135. If the Agency approves the transfer, the 
transferee will be regarded as the registrant for all purposes under 
FIFRA. The new registrant or transferee would be responsible for 
ensuring all data requirements are satisfied including all outstanding 
requirements consistent with established deadlines (some of which are 
approaching the required due date). It should be noted that completion 
of outstanding data does not in itself guarantee eligibility for 
reregistration. EPA must also make the relevant regulatory findings 
required by FIFRA.

III. What is the Agency's Authority for Taking This Action?

    Section 6(f)(1)(A) 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 .
    Section 6(f)(1)(B) of FIFRA requires that EPA provide a 30-day 
period in which the public may comment before the Agency may act on the 
request for voluntary cancellation. In the case of minor agricultural 
uses, Section 6(f)(1)(C) of FIFRA provides for a 180-day comment period 
under certain circumstances. The registrants of bendiocarb have 
requested that EPA provide 30-day's comment on this request. 
Accordingly, pursuant to section 6(f)(1)(C)(ii) of FIFRA, EPA is 
waiving the 180-day comment period, to the extent it applies to this 
action, and will provide interested parties 30 days to comment on the 
action.
    On August 18, 1999, AgrEvo Environmental Health transmitted a 
letter to the Agency requesting a phased cancellation of all their 
bendiocarb product registrations. This letter was in response to the 
Agency's work on the Reregistration Eligibility Decision for 
bendiocarb, during which the Agency examined potential risk concerns 
and identified additional data requirements. The registrant decided to 
voluntarily cancel bendiocarb products rather than generate the 
additional data that would be required to reregister their bendiocarb 
products. The registrant has agreed to limit the production of 
bendiocarb technical for the year 2000 (i.e., from January 1-June 30, 
2000) to 95,000 pounds of active ingredient. This limit is based on the 
average annual production for the last 5 years.

IV. 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 March 3, 2000. 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.

V. Provisions for Disposition of Existing Stocks

    The effective date of cancellation will be the date of the 
cancellation orders for the individual products subject to this action. 
In all cases, product-specific disposition dates will be given in the 
cancellation orders.
    Existing stocks are 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.
    AgrEvo has requested, and EPA intends to approve the following 
proposal for disposition of existing stocks of bendiocarb products 
unless the provisions of an earlier order apply:
    1. Four product registrations will be canceled immediately 
following the comment period, because these products have not been 
marketed in several years. These are:
     Bendiocarb 20% Wettable Powder, EPA Reg. No. 10370-182;
     Bendiocarb 76% Wettable Powder, EPA Reg. No. 10370-183;
     Bendiocarb Technical 95%, EPA Reg. No. 10370-185
     Turcam 2.5G Insect Control, EPA Reg. No. 10370-304.
    The registrants may not sell or distribute stocks of this product 
after the date specified.
    2. Bendiocarb technical, EPA Reg. No. 45639-6, will be canceled on 
June 30, 2000. The registrants may not sell or distribute stocks of 
this product after the date specified.
    3. Bendiocarb end-use products for homeowner and pest control 
operator use, labeled for indoor or outdoor residential uses (see Table 
1) can be sold or distributed by the registrant until October 31, 2000. 
Pursuant to this proposal, after October 31, 2000, the registrants will 
not be permitted to sell any of these products.
    4. All other bendiocarb end-use products, i.e., those with only 
non-residential uses (see Table 1), can be sold or distributed by the 
registrant until December 31, 2001. All bendiocarb products will be 
canceled as of December 31, 2001.
    Persons other than the registrants may distribute, sell or use 
existing stocks of canceled products listed in paragraphs 1 through 4 
above until stocks are depleted. All use of existing stocks of canceled 
pesticides must be consistent with all EPA-approved labeling for the 
product.
    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 bendiocarb, the Agency has 
concluded that the limited short-term continued use of this pesticide, 
as outlined in this notice, is the most efficient means of addressing 
both potential risk concerns and providing for the orderly disposition 
of existing stocks. The Agency's conclusion is based in part on the 
fact that AgrEvo has agreed to cancel the bendiocarb products used in 
and around the home (and thus posing the greatest

[[Page 4972]]

exposure to children) relatively soon, i.e. by October 31, 2000.

VI. Notification of Intent To Revoke Tolerances

    This Notice also announces that the Agency intends to propose 
revocation of the related tolerances following the cancellation of the 
uses listed in this Notice unless there is a request to modify or 
maintain it as an import tolerance. There are no current registered 
uses for bendiocarb on food crops in the United States; however, there 
are non-numerical tolerances for its use on spot and/or crack and 
crevice treatment in food and feed handling establishments (40 CFR 
180.530). EPA's reregistration eligibility assessment indicated that 
substantial additional data would be required to support continued use 
of bendiocarb on all types of food- and feed-handling establishments, 
except the food service category of food handling establishments--the 
only use supported by current data. Also, finite (numerical) tolerances 
would have to be proposed.
    The Agency is willing to consider requests to modify or maintain a 
tolerance following the cancellation of the accompanying registration. 
Such request should be sent to the person listed in the FOR FURTHER 
INFORMATION CONTACT above. If EPA receives a request to modify or 
maintain a tolerance in response to this Notice, the Agency will issue 
a notice under section 408(f) of FFDCA informing the public of the data 
required to support the tolerance and stating the time period for 
submitting the required data. Regardless of whether a tolerance applies 
solely to domestic food uses or solely to imported foods, the same 
technical chemistry and toxicology data are required to support 
tolerances under FFDCA section 408. For pesticide chemicals used in or 
on food, EPA requires residue chemistry data that are representative of 
growing conditions in exporting countries in the same manner that the 
EPA requires representative residue chemistry data from different U.S. 
regions to support domestic use of the pesticide and the tolerance. 
Persons supporting the maintenance or modification of tolerances to 
cover residues in or on imported food have the burden of demonstrating 
the relevance of any existing domestic data to foreign growing or usage 
conditions.
    If EPA does not receive any indication of a need to retain a 
tolerance following the cancellation of the registered food use, the 
Agency will publish in the Federal Register a notice proposing to 
revoke the tolerance. That notice will again give interested parties 
the opportunity to come forward to support the maintenance of the 
tolerance.

List of Subjects

    Environmental protection, Administrative practice and procedure, 
Pesticides and pests.

    Dated: January 17, 2000.
Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 00-2283 Filed 2-1-00; 8:45 am]
BILLING CODE 6560-50-F