[Federal Register Volume 66, Number 198 (Friday, October 12, 2001)]
[Notices]
[Pages 52132-52135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25742]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-66295; FRL-6805-3]


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 American Mushroom Institute, Amvac 
Chemical Corp., Pursell Industries, Inc., the Scotts Company, Value 
Garden Supply LLC, and Voluntary Purchasing Groups, Inc., to cancel the 
registrations for all of their products containing methyl 1-
(butylcarbamoyl)-2-benzimidazole carbamate, or benomyl. No other 
registrants hold registrations for benomyl. Prior to acting on these 
request, EPA is providing a 30-day period for public comment.

DATES: Comments on the requested cancellation of product and use 
registrations must be submitted to the address provided below by 
November 13, 2001.

FOR FURTHER INFORMATION CONTACT: By mail: 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.

[[Page 52133]]

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 listing 
at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-66295. 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-66295 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-66295. 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 the 
American Mushroom Institute, Amvac Chemical Corp., Pursell Industries 
Inc., the Scotts Company, Value Garden Supply LLC, and Voluntary 
Purchasing Groups Inc., to cancel all pesticide products registered 
under sections 3 and 24(c) of FIFRA. These registrations are listed in 
the following table.

A. Background Information

    Benomyl, is a benzimidazole carbamate and systemic foliar fungicide 
registered for use on apples, apricots, bean vine, blueberries, 
caneberries (raspberries, blackberries, boysenberries, loganberries, 
and dewberries), celery, cherries, citrus, cucurbits (cucumber, melons, 
pumpkins, and squash) mangoes, mushrooms, nectarines, peaches, and 
tomatoes.
    The technical registrant, E.I. du Pont de Nemours & Company 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. The 6(f)(1) comment period 
announcing the request for voluntary cancellation of Dupont benomyl 
registrations opened on May 23, 2001 and ended on June 22, 2001. Seven 
public comments were received and addressed. The cancellation order was 
published in the Federal Register and became effective on August 8, 
2001.
    The Agency has also received letters from the following registrants 
requesting voluntary cancellation of all their products containing 
benomyl: American Mushroom Institute, Amvac Chemical Corp., Pursell 
Industries, Inc., the Scotts Company, Value Garden Supply LLC, and 
Voluntary Purchasing Groups, Inc.
    In their letters, Pursell and Amvac stated that they no longer 
manufactured or distributed end-use products that contained benomyl and 
therefore, no end-use products should be in the channels of trade. 
Likewise, in their letter, Value Garden Supply noted that their end-use 
products that contain

[[Page 52134]]

benomyl are no longer being sold. Value Garden Supply is not aware of 
any stocks of the products in the channels of trade. The American 
Mushroom Institute requested cancellation of its 24(c) registration. 
The reason was due to the effective cancellation of all Dupont 
registrations that contain benomyl on August 8, 2001. The Scotts 
Company and Voluntary Purchasing Group had end-use products that were 
suspended on April 13, 1994 and May 20, 1998, respectively. Both 
registrants failed to comply with a data call-in that was issued on 
June 16, 1992. The Agency, contacted both Scotts and Voluntary 
Purchasing to notify them that Dupont canceled all registrations for 
benomyl. Both registrants submitted letters stating that they would 
voluntarily cancel their registrations.

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 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 
registrants have requested that EPA waive the 180-day comment period. 
EPA is granting the registrants' request to waive the 180-day comment 
period. Therefore, EPA will provide a 30-day comment period on the 
proposed requests. 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 
below.

          Registrations with Pending Requests for Cancellation
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            Company                   Reg. No.             Product
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Pursell Industries Inc.          8660-75             VertaGreen Systemic
                                                      Disease Control
 
Voluntary Purchasing Groups      7401-225            Fertilome
 Inc.                                                 Systemic Fungicide
                                                      with Benomyl
 
Voluntary Purchasing Groups      7401-407            American
 Inc.                                                 Brand
                                                      Benomyl Systemic
                                                      Fungicide
 
 Amvac Chemical Corp.            5481-138            ALCO
                                                      Systemic Fungicide
 
The Scotts Company               538-66              Scotts Proturf 28-0-
                                                      7 Fertilizer Plus
                                                      Fungicide DSB
 
The Scotts Company               538-132             Scotts Proturf DSB
                                                      Fungicide
 
Value Garden Supply LLC          769-874             Pratt Benomyl 50W
                                                      Systemic Fungicide
 
Value Garden Supply LLC          769-921             Science Benomyl 50W
                                                      Systemic Fungicide
 
 American Mushroom Institute      PA-97000200        Dupont
                                                      Benlate
                                                      SP 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, 
the Agency intends to permit existing stocks already in the hands of 
dealers or users to 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 benomyl. In this notice, EPA seeks comment as to 
whether any individuals or groups want to support continuation of these 
tolerances.

[[Page 52135]]

List of Subjects

    Environmental protection, Agricultural commodities, Pesticides and 
pests.

    Dated: October 2, 2001.
Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 01-25742 Filed 10-11-01; 8:45 am]
BILLING CODE 6560-50-S