[Federal Register Volume 67, Number 174 (Monday, September 9, 2002)]
[Notices]
[Pages 57226-57228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22935]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0198; FRL-7197-5]


Benomyl; 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 Hi-Yield Chemical Company to cancel the 
registration for their product containing methyl 1-(butylcarbamoyl)-2-
benzimidazole carbamate, or benomyl. No other registrants hold 
registrations for benomyl. Prior to acting on this 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 by October 9, 2002.

FOR FURTHER INFORMATION CONTACT: 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:

[[Page 57227]]

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,'' ``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 ID number OPP-2002-0198. 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 ID number OPP-2002-0198 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 ID number OPP-2002-0198. 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 
ID 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 a request from Hi-
Yield Chemical Company to cancel its pesticide product registered under 
sections 3 and 24(c) of FIFRA. This registration is listed in Table 1.

A. Background Information

    Benomyl is a benzimidazole carbamate and systemic foliar fungicide 
that was registered for use on a variety of crops. All registered 
sources of benomyl have been canceled and all tolerances have been 
revoked.
    The technical registrant, E.I. du Pont de Nemours and Company met 
with the Agency on April 18, 2001, and requested a voluntary 
cancellation of all their registrations for products containing 
benomyl. The cancellation order was published in the Federal Register 
of August 8, 2001 (66 FR 41589) (FRL-6794-9).
    In addition to Hi-Yield Chemical Company, the Agency has previously 
received letters from the following registrants requesting voluntary 
cancellation of all their products containing benomyl: American 
Mushroom Institute, Amvac, Pursell Industries, Inc., the Scotts 
Company, Value Garden Supply, and Voluntary Purchasing Groups, Inc. The 
cancellation order for these products was published in the Federal 
Register of January 15, 2002 (67 FR 1976) (FRL-6817-7).
    In their letter dated July 31, 2002, Hi-Yield (represented by their 
agent, Brazos

[[Page 57228]]

Associates Inc.) stated that they no longer manufacture or distribute 
the end use product that contained benomyl and there are no inventories 
of remaining stocks.

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 registrant's request to waive the 180-day comment 
period. Therefore, EPA will provide a 30-day comment period on the 
proposed request. EPA anticipates granting the cancellation request 
shortly after the end of the 30-day comment period for this notice. The 
registration for which the cancellation was requested is identified 
below in Table 1.

     Table 1.--Registrations with Pending Requests for Cancellation
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             Company               Registration No.         Product
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Hi-Yield Chemical Company.......  34911-27..........  Hi-Yield Benomyl
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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.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 28, 2002.
Susan Lewis,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 02-22935 Filed 9-5-02; 2:54 pm]
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