[Federal Register Volume 66, Number 187 (Wednesday, September 26, 2001)]
[Notices]
[Pages 49238-49239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24060]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00742; FRL-6805-5]


Ethion; 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 Cheminova AGRO A/S, FMC Corporation and 
Micro-Flo Corporation to cancel the registrations for all of their 
products containing O,O,O,O-tetaethyl S,S-methylene 
bis(phosphorodithioate) (ethion). 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 
October 26, 2001.

FOR FURTHER INFORMATION CONTACT: Richard Dumas, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 308-8015; fax number: 
(703) 308-8041; 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 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-00742. 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-00742 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-00742. 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 49239]]

    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 EPA of requests from Cheminova A/
S, FMC Corporation, and Micro-Flo Corporation to cancel five pesticide 
products registered under section 3 of FIFRA. These registrations are 
listed in Table 1.

A. Background Information

    Ethion is an organophosphate insecticide registered for use on 
citrus in Florida and Texas, and cattle in eartags.
    On August 24, August 29, and August 31, 2001, Micro-Flo 
Corporation, FMC Corporation, and Cheminova A/S, respectively, signed a 
Memorandum of Agreement with EPA requesting voluntary cancellation 
pursuant of 6(f) of FIFRA of all their registrations for products 
containing ethion. The effective cancellation dates are intended to be 
no earlier than October 1, 2003, for manufacturing use products and 
December 31, 2003, for end-use products.

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 
considering the comments recieved during the 30-day comment period for 
this notice. The registrations for which cancellations were requested 
are identified in Table 1.

     Table 1.--Registrations with Pending Requests for Cancellation
------------------------------------------------------------------------
                                     Registration
             Company                    Number              Product
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Cheminova A/S                     4787-10             Cheminova Ethion
                                                       Technical
------------------------------------------------------------------------
FMC Corporation                   279-2280            Ethion Technical
                                                       Insecticide
                                  279-1254            Ethion 4 Miscible
------------------------------------------------------------------------
Micro-Flo Corporation             51036-89            Ethion 4 EC
                                  51036-90            Ethion 8 EC
------------------------------------------------------------------------

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. A withdrawal shall have no effect on any 
cancellation that has already been ordered; the effective date of such 
cancellation and all other provisions of any earlier cancellation 
action shall remain in effect. 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 Agency intends to prohibit the sale and distribution of 
existing stocks of ethion manufacturing products on October 1, 2003, 
and to prohibit the use of manufacturing use products on December 31, 
2003. The Agency intends to prohibit the sale and distribution of end-
use product on October 1, 2004, and to prohibit the use of end-use 
product on December 31, 2004. This 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 will be made if EPA 
determines that 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 on which there has been no 
registered uses of ethion. 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: September 17, 2001.
Lois A. Rossi,
Director, Special Review and Reregistration Division, Office 
ofPesticide Programs.
[FR Doc. 01-24060 Filed 9-25-01; 8:45 am]
BILLING CODE 6560-50-S