[Federal Register Volume 65, Number 183 (Wednesday, September 20, 2000)]
[Notices]
[Pages 56894-56895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23941]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-64051; FRL-6744-2]


Vinclozolin; Receipt of Request For Amendments to Delete Uses

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 BASF Corporation to amend its 
registrations for products containing 3-(3,5- dichlorophenyl)-5-
ethenyl-5-methyl-2,4-oxazolidinedione), or vinclozolin, to terminate 
certain uses. The requests to cancel certain uses from the 
registrations are intended to mitigate dietary and aggregate risks 
which exceed the Agency's level of concern. EPA will decide whether to 
approve the requests after consideration of public comment.

DATES: Comments on the requested amendments to delete uses must be 
submitted to the address provided below by October 20, 2000.

FOR FURTHER INFORMATION CONTACT: By mail: Deanna Scher, Special Review 
and Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 308-7043; e-mail address: 
scher. [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. 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?

    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,'' ``Regulations and Proposed Rules,'' 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/.

II. BASF Request to Amend Registrations

 A. Background Information

    Vinclozolin (trade names Curalan, Ronilan, Vorlan, and Touche) is a 
fungicide first registered in 1981 to control various types of rot 
cause by Botrytis spp., Sclerotinia spp, and other types of mold and 
blight causing organisms on lettuce, onions, raspberries, succulent 
beans, canola, kiwi, chicory grown for endive, and turf on golf 
courses, commercial sites, and industrial sites. Vinclozolin is also 
registered for use on ornamental plants in greenhouses and nurseries.
    BASF, the sole registrant of vinclozolin, petitioned EPA to 
establish tolerances for residues of the fungicide vinclozolin and its 
metabolites containing the 3,5-dichloroanaline moiety in or on canola 
and succulent beans (65 FR 21427, April 21, 2000) (FRL-6555-6). 
Concomitantly, BASF also proposed amendments under section 3 of FIFRA 
to the label for Ronilan fungicide (EPA Reg. No. 7969-85) to add the 
use of these crops. However, EPA was unable to make the ``reasonable 
certainty of no harm'' finding mandated by section 408(b)(2) of the 
Federal Food, Drug, and Cosmetic Act (FFDCA) for succulent beans and 
canola use and associated tolerances if all existing uses remained in 
place.
    In addition to the action on the tolerance petition, EPA has been 
working to make a reregistration decision under FIFRA concerning 
vinclozolin and plans to release a Reregistration Eligibility Decision 
shortly. As part of the reregistration process, the Agency has recently 
identified risk concerns for occupational workers in the ornamental 
industry in part due to the potential for long-term exposure. The 
Agency also identified a risk of concern for children playing on 
transplanted sod previously treated on a sod farm.

B. Request for Voluntary Cancellation

    To reduce the risk posed by exposure to vinclozolin, and thereby 
enable the Agency to make a ``reasonable certainty of no harm'' finding 
for succulent beans and canola and the related tolerances, BASF 
requested the immediate voluntary cancellation of some registered uses. 
In addition, BASF requested a phase-out over the next 4 years of all 
domestic food uses of vinclozolin except for the use on canola, and the 
revocation of all import tolerances except for wine grapes to permit 
the importation of treated wine. BASF also requested that EPA delete 
the use of vinclozolin on ornamentals and modify use of vinclozolin on 
turf.
    On May 31, 2000, BASF submitted a written request to EPA seeking to 
amend the registrations for vinclozolin. Specifically, BASF requested 
that EPA immediately amend registration number 7969-85 (Ronilan, 
Curalan, Touche) to terminate the use of vinclozolin on onions, 
raspberries, and ornamental plants. The product Vorlan (sold under EPA 
registration number 7969-85) would no longer be available, as this 
product is for use on ornamentals only. BASF made clear that the 
proposed use terminations were conditioned on EPA reestablishing the 
expired tolerance for vinclozolin use on succulent beans and granting a 
new tolerance associated with a canola registration. The cancellations 
were also conditioned on EPA accepting certain existing stock 
provisions. BASF requested that EPA waive the 180-day waiting period 
for EPA action on its use termination requests.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be amended to delete one or 
more pesticide uses. Section 6(f)(1)(B) of FIFRA requires that EPA 
provide a 30-day comment period on the request for voluntary 
cancellation. In addition, section

[[Page 56895]]

6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period 
on a request for voluntary termination of any minor agricultural use 
before granting the request, unless the registrants request a waiver of 
the comment period, or the Administrator determines that continued use 
of the pesticide would pose an unreasonable adverse effect on the 
environment. The registrant has requested that EPA waive the 180-day 
comment period. In light of this request, EPA is granting the request 
to waive the 180-day comment period.
    The following Table 1 specifies the time frame for the immediate 
cancellation and phase-out of several uses as requested by BASF. 
Commodities legally treated will be allowed in the channels of trade 
past the last date of legal use in accordance with FFDCA section 
408(l)(5).

               Table 1. -- Time Frame for Use Cancellation and Proposed Existing Stocks Provision
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                                                                Last Date for Sale and
              Commodity                     Date of Use            Distribution of       Last Date for Legal Use
                                        Cancellation Request       Existing Stocks
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 Onions                               July 15, 2000            January 1, 2001          September 30, 2001
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Raspberries                           July 15, 2000            January 1, 2001          September 30, 2001
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Ornamentals                           July 15, 2000            July 15, 2001            September 1, 2001
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Kiwi 24(c)                            December 31, 2001*       December 31, 2002        November 30, 2003
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Chicory 24(c)                         December 31, 2001*       December 31, 2002        November 30, 2003
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Lettuce                               July 15, 2004            July 15, 2005            September 30, 2005
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Succulent beans                       July 15, 2004            July 15, 2005            September 30, 2005
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* BASF will inform the State of California that it can no longer support the 24(c) registrations by this date.

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

    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. 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 Administrator may approve such a request.

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 October 20, 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. Proposed Existing Stocks Provision

    Pursuant to section 6(f) of FIFRA, EPA proposes to grant the 
requests for voluntary amendment and cancellation during the 
appropriate time frames identified in Table 1. For purposes of the 
cancellation order that the Agency proposes to issue at the close of 
the comment period for this announcement, the term ``existing stocks'' 
will be defined, pursuant to EPA's existing stocks policy at (56 FR 
29362, June 26, 1991) (FRL 3846-4), 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 amendment or cancellation. Any distribution, 
sale, or use of existing stocks after the effective date of the 
cancellation order that the Agency intends to issue that is not 
consistent with the terms of that order will be considered a violation 
of section 12(a)(2)(K) and/or 12(a)(1)(A) of FIFRA.

A. Distribution or Sale by Registrants

    If the requested use deletions are approved, the distribution or 
sale of such stocks by registrants will not be lawful under FIFRA after 
the sale and distribution dates listed in Table 1, except for the 
purposes of returns and relabeling, shipping such stocks for export 
consistent with the requirements of section 17 of FIFRA, or for proper 
disposal.

B. Distribution, Sale and Use by Other Persons

    If the requested use deletions are approved, retailers, 
distributors, and end-users may sell, distribute, or use products with 
previously approved labeling which have been released for shipment 
until such supplies are exhausted or the last legal use date presented 
in Table 1.

List of Subjects

    Environmental protection, Agricultural commodities, Pesticides and 
pests.


    Dated: September 7, 2000.

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

[FR Doc. 00-23941 Filed 9-19-00]
BILLING CODE 6560-50-S