[Federal Register Volume 66, Number 100 (Wednesday, May 23, 2001)]
[Notices]
[Pages 28466-28468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12905]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-66287; FRL-6784-3]


Benomyl; Receipt of Request for Registration Cancellations

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 E.I. duPont de Nemours and Company 
(DuPont) to cancel the registrations for all of their products 
containing methyl 1-(butylcarbamoyl)-2-benzimidazole carbamate 
(benomyl). EPA will decide whether to approve the request after 
consideration of public comment.

DATES: Comments on the requested cancellation of product and use 
registrations must be submitted to the address provided below by June 
22, 2001.

FOR FURTHER INFORMATION CONTACT: Demson Fuller, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 308-8062; fax number: 
(703) 308-7042; 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. 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 
theFederal Register--Environmental Documents.'' You can also go 
directly to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-66287. 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 Hwy., 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-66287 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, 1200 Pennsylvania Ave., NW., 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 Hwy., Arlington, VA. The PIRIB is open from 8:30 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 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 docket control number OPP-66287. 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

[[Page 28467]]

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 listed 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:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. 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 request from E.I. 
duPont de Nemours and Company to cancel eight pesticide products 
registered under sections 3 and 24(c) of FIFRA. These registrations are 
listed in Table 1.

A. Background Information

    Benomyl is a benzimidazole carbamate and systemic foliar fungicide 
registered for use on almonds, apples, anise, apricots, asparagus, 
avocado, banana, barley, bean vine, blueberries, brassica (broccoli, 
Brussels sprouts, cabbage, chicory, chinese cabbage, cauliflower, 
collards, kale, kohlrabi, mustard greens, rutabagas, and turnips), 
caneberries (dewberries, blackberries, boysenberries, loganberries, and 
raspberries), cardoon, carrots, celery, cherries, citrus, conifers, 
corn, cucurbits (cucumber, melons, pumpkins, and squash), currants, 
dandelions, dill, figs, grapes, macadamia nuts, mangoes, mushrooms, 
nectarines, onions, oats, papayas, peaches, peanuts, pears, peas, 
pecans, peppers, pineapple, pistachio, plums, prunes, rape, rice, rye, 
soybeans, spinach, strawberry, sugar beets, tomatoes, wheat, and yams.
    Dupont met with the Agency on April 18, 2001, and requested a 
voluntary cancellation of all their registrations for products 
containing benomyl, to be effective December 31, 2001. Dupont stated 
that this decision was based on business reasons. They submitted this 
request in writing in a letter dated April 18, 2001.
    On May 1, 2001, Dupont submitted a second letter requesting that 
the effective date of cancellation be moved from December 31, 2001, to 
May 1, 2001. Under 6(f)(1(C), a registrant can waive the 180-day 
comment period for minor uses, however 6(f)(1)(B) requires that the 
Agency provide for a 30-day comment period before acting on any 6(f) 
request. Therefore, EPA notes that it cannot grant a cancellation 
request until the requisite public comment period expires and EPA has 
considered all public comments received.

B. Requests for Voluntary Cancellation

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be canceled or amended to 
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA 
requires that before acting on a request for voluntary cancellation, 
EPA must provide a 30-day public comment period on the request for 
voluntary cancellation. In addition, section 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 (1) the registrants request a waiver of the comment 
period, or (2) 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. 
EPA is granting the registrants' request to waive the 180-day comment 
period. EPA anticipates granting the cancellation request shortly after 
the end of the 30-day comment period for this notice. The registrations 
for which cancellations were requested are identified in the following 
table.

     Table 1.--Registrations with Pending Requests for Cancellation
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             Company                    Reg. No             Product
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E.I. duPont deNemours and         352-354             Dupont
 Company                                               Benlate
                                                       Fungicide
                                  352-377             Benomyl Technical
                                  352-385             Dupont
                                                       Benlate
                                                       OD Fungicide
                                  352-564             Dupont
                                                       Benlate
                                                       SP Fungicide
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    Additionally, cancellation is requested for the following DuPont 
Special Local Need (SLN) Registrations:

                       Table 2.--SLN Registrations with Pending Requests for Cancellation
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              SLN Number                         Crop                   Reg. No                  Product
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AZ-930015                              Onions                   352-354                  Dupont
                                                                                          Benlate
                                                                                          Fungicide
VT-770005                              Apples                   352-354                  Dupont
                                                                                          Benlate
                                                                                          Fungicide
WA-000009                              Asparagus Crowns         352-564                  Dupont
                                                                                          Benlate SP
                                                                                          Fungicide
WA-770040                              Asparagus Crowns         352-354                  Dupont
                                                                                          Benlate
                                                                                          Fungicide
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[[Page 28468]]

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 section 6(f)(1) further provides that, before acting 
on the request, EPA must publish a notice of receipt of any such 
request in the Federal Register, make reasonable efforts to inform 
persons who rely on the pesticide for minor agricultural uses, and 
provide a 30-day period in which the public may comment. 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. 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 order. The orders effecting these requested cancellations 
will generally permit a registrant to sell or distribute existing 
stocks for 1-year after the date the cancellation request was received. 
This policy is in accordance with the Agency's statement of policy as 
prescribed in the Federal Register of June 26, 1991 (56 FR 29362) (FRL-
3846-4). Exceptions to this general rule will be made if a product 
poses a risk concern, or is in noncompliance with reregistration 
requirements, or is subject to a Data Call-In. 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. Unless the provisions of an earlier order apply, 
existing stocks already in the hands of dealers or users can be 
distributed, sold, or used legally until they are exhausted, provided 
that such further sale and use comply with the EPA-approved label and 
labeling of the affected product. Exception to these general rules will 
be made in specific cases when more stringent restrictions on sale, 
distribution, or use of the products or their ingredients have already 
been imposed, as in a Special Review action, or where the Agency has 
identified significant potential risk concerns associated with a 
particular chemical.
    Dupont stated in their April 18, 2001 letter, that it would not 
sell or distribute any of the canceled products following the date of 
cancellation and requested that EPA permit sale of existing stocks of 
products in the channels of trade until December 31, 2002, as permitted 
under FIFRA section 6(a)(1). In their May 1, 2001 letter, Dupont 
proposed that they be permitted to sell and distribute stocks of 
canceled products until June 30, 2001. Dupont did not request a change 
in date of December 31, 2002, for existing stocks of products in the 
channels of trade. EPA anticipates granting these requests.

VI. Future Tolerance Revocations.

    EPA anticipates drafting a future Federal Register notice proposing 
revocation of tolerances on commodities on which there has been no 
registered uses of benomyl. With this notice, EPA seeks comment as to 
whether any individuals or groups want to support continuation of these 
tolerances.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: May 10, 2001.
Jack E. Housenger,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 01-12905 Filed 5-22-01; 8:45 am]
BILLING CODE 6560-50-S