[Federal Register Volume 66, Number 158 (Wednesday, August 15, 2001)]
[Notices]
[Pages 42854-42856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20219]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-66291; FRL-6796-4]


Oxadixyl; 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 Syngenta Crop Protection, Inc., and 
Gustafson LLC to cancel the registrations for all of their products 
containing [2-methoxy-N-(2-oxo-1,3-oxazolidin-3-yl)-acet-2',6'-
xylidide] (oxadixyl). No other registrants hold registrations for 
oxadixyl. EPA will decide whether to approve the requests after 
consideration of public comment.

DATES: Comments on the requested cancellation of product and use

[[Page 42855]]

registrations must be submitted to the address provided below by 
September 14, 2001.

FOR FURTHER INFORMATION CONTACT: John W. Pates, Jr., Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 308-8195; 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'' ``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/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-66291. 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-66291 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-66291. 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 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 requests from 
Syngenta Crop Protection, Inc., and Gustafson LLC to cancel three 
pesticide products registered under section 3 of FIFRA. These 
registrations are listed in Table 1.

A. Background Information

    Oxadixyl is a systemic fungicide for seed treatment, which is 
registered for use on alfalfa, barley, beans, beets (garden), broccoli, 
Brussels sprouts, buckwheat, cabbage, carrot (including tops), 
cauliflower, celery, clover, collards, corn (field corn, pop corn, 
sweet corn), cotton, cucumber, eggplant, gourds, grass forage/fodder/
hay, kale, kohlrabi, lespedeza, lettuce, lupine, melons (water melons, 
cantaloupe), millet (proso- broomcorn), mustard, oats, parsley, 
parsnip, peas, pepper (chili type), pimento, pumpkin, radish, rape, 
rhubarb, rutabaga, rye, sorghum, soybeans, spinach, squash (summer, 
winter), sugar beet, sunflower, tomato, trefoil, triticale, turnip, 
vetch, golf course turf, and residential lawns.
    On April 23, 2001, and on May 11, 2001, the Agency received letters 
from

[[Page 42856]]

Gustafson LLC (end-use product registrant) and Syngenta Crop 
Protection, Inc. (technical and end-use product registrant), 
respectively, requesting voluntary cancellation of all their products 
containing oxadixyl. Over the years, the market for these products has 
declined.
    In their June 1, 2001 letter, Syngenta stated that the last known 
production of oxadixyl was prior to January 1, 1997, from which time no 
sales of the products have occurred. Syngenta is not aware of any 
stocks of the products in the channels of trade. Likewise, in their 
June 1, 2001, letter, Gustafson noted that the last date of manufacture 
was January 6, 1993, and the last remaining product which they had on 
hand was disposed of on April 4, 2001.

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 registrants have 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. 
Therefore, EPA will provide a 30-day comment period on the proposed 
requests. The registrations for which cancellations were requested are 
identified (below) in Table 1.

     Table 1.--Registrations with Pending Requests for Cancellation
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             Company               Registration No.         Product
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Syngenta Crop Protection, Inc.    100-857             Oxadixyl Technical
                                                       Fungicide
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Syngenta Crop Protection, Inc.    100-858             Sandofan 31F
                                                       Fungicide
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Gustafson LLC                     7501-97             Anchor Flowable
                                                       Fungicide
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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.

VI. Future Tolerance Revocations.

    EPA anticipates drafting a future Federal Register notice proposing 
revocation of tolerances on commodities, which no longer have 
registered uses of oxadixyl. With this present proposal, 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: August 2, 2001.
Robert McNally,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 01-20219 Filed 8-14-01; 8:45 am]
BILLING CODE 6560-50-S