[Federal Register Volume 66, Number 183 (Thursday, September 20, 2001)]
[Notices]
[Pages 48459-48461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23459]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-66292; FRL-6800-3]


Fenamiphos and Metolachlor, Receipt of Requests for Voluntary 
Cancellation of 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 requests from the registrants Bayer Corporation 
and Syngenta Crop Protection, Inc. to amend their registrations to 
delete some uses for the products containing fenamiphos, ethyl 3-
methyl-4-(methylthio)phenyl (1-methylethyl) phosphoramidate) and 
metolachlor, (2-chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1-
methylethyl) acetamide), respectively.

[[Page 48460]]

 The EPA received these requests for voluntary cancellation in response 
to the reregistration eligibility evaluation of these individual 
pesticides.

DATES: Comments, identified by docket control number OPP-66292, must be 
received on or before October 22, 2001.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in the Unit I. of the SUPPLEMENTARY INFORMATION. To ensure 
proper receipt by EPA, you must identify docket control number OPP-
66292 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Tawanda Spears, telephone number: 
(703) 308-8050; e-mail address: [email protected] (Fenamiphos) and 
Anne Overstreet, telephone number: (703) 308-8068; e-mail address: 
[email protected] (Metolachlor), Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.

SUPPLEMENTARY INFORMATION: This announcement consists of three parts. 
The first part contains general information. The second part addresses 
the registrants' requests for registration cancellations and amendments 
to delete uses. The third part proposes existing stock provisions that 
will be set forth in the cancellation order the Agency intends to issue 
at the close of the comment period for this announcement, absent 
adverse comments.

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. You may be 
potentially affected by this action if you manufacture, sell, 
distribute, or use fenamiphos or metolachlor products. The 
Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small 
Business Regulatory Enforcement Fairness Act of 1996, does not apply 
because this action is not a rule, for purposes of 5 U.S.C. 804(3). 
Since other entities may also be interested, 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 applicability of 
this action to a particular entity, consult the person or persons 
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 homepage at http://www.epa.gov/. 
To access this document, on the homepage 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-66292. 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-66292 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-66292. 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.

[[Page 48461]]

    6. Offer alternative ways to improve the notice.
    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. Receipt of Requests to Cancel and Amend Registrations to Delete 
Uses.

A. Background

    The EPA is publishing a single notice in response to registrant's 
requests to delete some uses for fenamiphos and metolachlor from their 
labels. (See the table in this unit for specific information regarding 
the cancellation requests.)
    Reregistration Eligibility Decision (RED) documents summarize the 
findings of EPA's reregistration review process for individual chemical 
cases, and reflect the Agency's decisions on risk assessment and risk 
management for uses of individual pesticides. The metolachlor RED was 
issued in April of 1995. However, since the Federal Food, Drug, and 
Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act 
(FQPA) of 1996, the Agency is required to reconsider metolachlor 
tolerances consistent with the provisions of the Act. This tolerance 
reassessment decision is scheduled to be completed in 2002. In defining 
the scope of this review, Syngenta, the metolachlor registrant, has 
elected to voluntarily drop certain uses from their technical label.
    For fenamiphos, an organophosphate, a RED has not been issued. 
Although the Agency has not yet completed its cumulative risk 
assessment for a RED, the Agency is issuing an interim reregistration 
eligibility decision (IRED) to identify risk reduction measures that 
are necessary to support the continued use of fenamiphos. As part of 
this process, Bayer has elected to delete certain uses from its product 
labels rather than develop the data necessary to support 
reregistration.
    The EPA will consider any comments received during the 30-day 
public comment period prior to canceling affected uses.

B. Requests for Voluntary Amendments to Delete Uses From the 
Registrations of End-Use and Technical Product Labels

    Pursuant to section 6(f)(1)(A) of FIFRA, the following companies 
have submitted a request to amend their end-use and technical 
registrations of pesticide products containing fenamiphos and 
metolachlor, respectively, to delete the listed uses from the listed 
product(s) bearing such use. The registrations, for which amendments to 
delete uses were requested, are identified in the following table.

                                                  Notice for Voluntary Cancellation of Registered Uses
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              Chemical                       PC code            Company # Address       Nature of action      Products affected           Comments
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Fenamiphos                           100601                  Bayer Corp., 8400       Cotton and pineapple   3EC1                   Cancel 3EC and 15G on
                                                              Hawthorne Rd., P.O.     use deletion          3125-283.............   cotton and 15G on
                                                              Box 4913, Kansas                                ...................   pineapple.
                                                              City, MO 64120-0013                           15G2.................
                                                                                                            3125-236.............
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Metolachlor                          108801                  Syngenta Crop           Stone fruits and       100-587
                                                              Protection, Inc.,       almond use deletion
                                                              P.O. Box 18300
                                                              Greensboro, NC 27419-
                                                              8300
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13EC: Nemacur 3 (emulsifiable concentrate--3 lb active ingredient/gal)
2 15G: Nemacur 15% (granular formulation--15% active ingredient/gal)

    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. The aforementioned companies have requested to 
amend their registrations and 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 and is providing a 30-day public comment 
period before taking action on the requested amendments to delete uses. 
Because of risk concerns posed by certain uses of fenamiphos and 
metolachlor, EPA intends to grant the requested amendments to delete 
uses at the close of the comment period for this announcement.

III. Proposed Existing Stocks Provisions

    The registrants have requested voluntary cancellation of the 
fenamiphos and metolachlor registrations identified in the table. EPA 
intends to grant the requests for voluntary cancellations. For purposes 
of the cancellation order that the Agency intends 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 
published in the Federal Register of (June 26, 1991, 56 FR 29362) (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 
cancellation or amendment. Registrants may generally distribute and 
sell products bearing old labels/labeling for 12 months from the 
effective date of cancellation. Persons other than the registrant may 
generally distribute or sell such products for 24 months from the 
effective date of 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.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: September 7, 2001.

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

[FR Doc. 01-23459 Filed 9-19-01; 8:45 am]
BILLING CODE 6560-50-S