[Federal Register Volume 66, Number 212 (Thursday, November 1, 2001)]
[Notices]
[Pages 55158-55159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27468]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 212 / Thursday, November 1, 2001 / 
Notices  

[[Page 55158]]



ENVIRONMENTAL PROTECTION AGENCY

[OPP-66296 FRL-6808-4]


Oxadixyl; Cancellation Order

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

-----------------------------------------------------------------------

SUMMARY:  This notice announces a cancellation order that was signed 
September 27, 2001, ordering cancellations as requested by Syngenta 
Crop Protection, Inc., and Gustafson LLC for registrations of pesticide 
products containing 2-methoxy-N-(2-oxo-1,3-oxazolidin-3-yl)-acet-2',6'-
xylidide (oxadixyl) and accepted by EPA, pursuant to section 6(f) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This 
order follows up an August 15, 2001, notice of receipt of requests for 
registration cancellations. In that notice, EPA requested comments on 
the proposed cancellations and indicated that it would issue an order 
confirming the voluntary registration cancellations. Any distribution, 
sale, or use of canceled oxadixyl products is only permitted in 
accordance with the terms of the existing stocks provisions of this 
cancellation order.

DATES:  The cancellations were effective September 27, 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. You may be 
potentially affected by this action if you manufacture, sell, 
distribute, or use oxadixyl 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 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/. A fact sheet on oxadixyl and the 
voluntary cancellation decision is also available on EPA's website at 
http://www.epa.gov/pesticides/reregistration/status.htm.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-66296. 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.

II. Receipt of Request to Cancel Registrations

A. Background

    Oxadixyl is a member of the phenylamide family and 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 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.
    Pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA), EPA announced receipt of this request from 
Syngenta Crop Protection, Inc. and Gustafson LLC in a Federal Register 
Notice published on August 15, 2001 (66 FR 42854) (FRL-6796-4). 
Relative to the notice, EPA provided a 30-day period. Both registrants 
requested that the Administrator waive the 180-day comment period 
provided under FIFRA section 6(f)(1)(c), and EPA granted these 
requests.
    No public comments were received during the 30-day comment period.

B. Requests for Voluntary Cancellation of Products

    Pursuant to FIFRA section 6(f)(1)(A), the registrants submitted 
requests for

[[Page 55159]]

voluntary cancellation of registrations for their products containing 
oxadixyl. The registrations for which cancellations were requested are 
identified in the following Table 1.

          Table 1.--Product Registration Cancellation Requests
------------------------------------------------------------------------
                                     Registration
             Company                    Number              Product
------------------------------------------------------------------------
Syngenta Crop Protection, Inc...  100-857...........  Oxadixyl Technical
                                                       Fungicide
  ..............................  100-858...........  Sandofan 31F
                                                       Fungicide
------------------------------------------------------------------------
Gustafson LLC...................  7501-97...........  Anchor Flowable
                                                       Fungicide
------------------------------------------------------------------------

III. Cancellation Order

    Pursuant to section 6(f)(1)(A) of FIFRA, EPA has approved the 
requested registration cancellations. Accordingly, the Agency orders 
that the registrations identified in Table 1 are canceled. Any 
distribution, sale, or use of existing stocks of the products 
identified in Table 1 in a manner inconsistent with the terms of this 
Order or the Existing Stock Provisions in Unit IV. of this Federal 
Register Notice will be considered a violation of section 12(a)(2)(K) 
of FIFRA and/or section 12(a)(1)(A) of FIFRA.

IV. Existing Stocks Provisions

    For purposes of this Order, the term ``existing stocks'' is 
defined, pursuant to EPA's existing stocks policy 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 
cancellation.

 A. Sale and distribution

    All sale and distribution of the existing stocks shall be unlawful 
as of 1 year from the effective date of the cancellation order, except 
for the purposes of shipping such stocks for export consistent with 
section 17 of FIFRA or for proper disposal.

B. Use of the Existing Stocks by Persons Other Than the Registrants 
Shall Be Legal Until Such Stocks Are Exhausted.

V. Notification of Intent to Revoke Tolerances

    This Notice also serves as an advance notification that the Agency 
intends to revoke the related tolerance listed in 40 CFR, for the 
canceled registrations listed in this notice, unless there is a request 
from the public to support the tolerance for import purposes.
    It is EPA's general practice to propose revocation of tolerances 
for residues of pesticide active ingredients for which FIFRA 
registrations no longer exist, to protect the food supply of the U.S. 
and to discourage the misuse of pesticides within the United States. In 
many cases the cancellation of a food use in the U.S. indicates that 
there are insufficient domestic residue data or other information to 
support the continuation of the tolerance and an uncertain amount of 
relevant data concerning residues on imported food. In the absence of 
relevant data, EPA is unable to make a safety finding regarding the 
treated food entering the U.S. Upon request, EPA will provide 
interested parties with its import tolerance policy and data 
requirements, explaining how an interested party should go about 
seeking to retain a tolerance for import purposes.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: October 25, 2001.

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

[FR Doc. 01-27468 Filed 10-31-01; 8:45 am]
BILLING CODE 6560-50-S