[Federal Register Volume 67, Number 79 (Wednesday, April 24, 2002)]
[Notices]
[Pages 20118-20121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9654]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0025; FRL-6773-1]


Chlorpyrifos-methyl; Receipt of Request for Registration 
Cancellation

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 Dow

[[Page 20119]]

AgroSciences LLC, and Gustafson LLC to voluntarily cancel certain 
pesticide registrations of products containing the active ingredient 
chlorpyrifos-methyl. The voluntary cancellations were received from Dow 
AgroSciences LLC on January 31, 2001 and Gustafson LLC on February 13, 
2001. EPA will decide whether to approve the request after 
consideration of public comments.

DATES: Comments on the requested cancellation of product and use 
registrations must be submitted to the address provided below by May 
24, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPP-2002-0025 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: By mail: Jacqueline Mosby, Special 
Review and Reregistration Division (7508C), Office of Pesticide 
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 305-6792; 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-66284. 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-66284 in the subject line on the 
first page of your response.
    1. 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-66284. Electronic comments may 
also be filed online at many Federal Depository Libraries.
    2. 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.
    3. 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.

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?

A. Background

    EPA is publishing this notice in response to registrants' requests 
to cancel three pesticide products containing chlorpyrifos-methyl. (See 
the

[[Page 20120]]

table below for specific information regarding the cancellation 
requests).
    Reregistration Eligibility Decision (RED) documents summarize the 
findings of EPA's reregistration process for individual chemical cases, 
and reflect the Agency's decision on risk assessment and risk 
management for uses of individual pesticides. Chlorpyrifos-methyl 
belongs to a group of pesticides known as organophosphates (OPs). EPA 
has issued a Report on FQPA Tolerance Reassessment Progress and Risk 
Management Decision (TRED) assessing the risks of exposure from 
chlorpyrifos-methyl. EPA will also consider the cumulative risks from 
all organophosphates, as they all share a common mechanism of toxicity 
affecting the nervous system by inhibiting cholinesterase.
    In letters received by EPA on January 31, 2001 and February 13, 
2001, the registrants of products containing chlorpyrifos-methyl agreed 
to several voluntary measures to cancel all products with this active 
ingredient. The registrants are requesting cancellation of these 
products after determining that they would not be generating or 
submitting data required by EPA under section 3(c)(2)(B) of FIFRA to 
support continued registration of chlorpyrifos methyl products.
    As part of the Agreement, the signatory, and non-signatory 
registrants, among other things, agreed to cancel their manufacturing 
use product (EPA Reg. No. 62719-42) and the liquid formulations (EPA 
Reg. No. 7501-41 and 62719-43) and will not sell nor distribute the 
products after December 31, 2003. All sales, distribution, and use of 
existing stocks of the manufacturing use product and liquid 
formulations will be allowed until December 31, 2004.
    EPA will consider any comments received within 180 days of 
publication of this notice in the Federal Register prior to cancelling 
affected uses.

B. Request for Voluntary Cancellation of Manufacturing Use, and Liquid 
Formulation Products

    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. 
EPA anticipates granting the cancellation request shortly after 
considering the comments received during the 30-day comment period for 
this notice.
    Pursuant to section 6(f)(1)(A) of FIFRA, the following companies 
have submitted a request to cancel three pesticide products uses 
registered under section 3 or 24(c) of FIFRA containing chlorpyrifos-
methyl. These registrations for which cancellations were requested are 
in Table 1.

                          Table 1.--Registrations with Pending Request for Cancellation
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                                                                                    Intended Effective Date for
           Registration No.                            Product Name                         Cancellation
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7501-41                                 Gustafson Reldan 4E (43.%) Insecticide     December 31, 2004
62719-42                                Reldan F Insecticidal (97.%)               December 31, 2004
62719-43                                Reldan 4E (43.2%)                          December 31, 2004
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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 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, 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, postmarked before May 24, 2002. 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 permit persons other than the registrant to sell, distribute, or 
use existing stocks for 1 year after December 31, 2003. 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. Registrants would not sell or distribute products 
bearing old labeling after the stamped approval date of new labels, 
i.e., labels that conform to the provisions of this document. The 
following are the existing stocks provisions for the three products 
being canceled.

Liquid Formulations and Manufacturing Use Product (7501-41, 62719-43, 
and 62719-42)

    Liquid formulation and manufacturing use products bearing the EPA 
approved amended labels shall not be sold or distributed by registrants 
after December 31, 2003. Persons other than registrants may not sell, 
distribute, or use existing stocks after December 31, 2004. In lieu of 
putting end use dates on the label, registrants have agreed to

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notify their distributors of the last use date and the rationale for 
it.
    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.

List of Subjects

    Environmental protection, Chlorpyrifos-methyl, Pesticides and 
pests, Stored grain.

    Dated: April 2, 2002.
  Lois A. Rossi,
Director, Information Resources Services Division, Office of Pesticide 
Programs.
[FR Doc. 02-9654 Filed 4-23-02; 8:45 am]
BILLING CODE 6560-50-S