[Federal Register Volume 68, Number 53 (Wednesday, March 19, 2003)]
[Notices]
[Pages 13307-13308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6236]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0354; FRL-7287-1]


Notice of Receipt of Requests to Voluntarily Cancel Certain 
Pesticide Registrations

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 registrants to voluntarily cancel 
certain pesticide registrations.

DATES: Unless a request is withdrawn by the registrant before September 
15, 2003, the Agency will approve these cancellations and the 
cancellations will become effective on September 15, 2003.

FOR FURTHER INFORMATION CONTACT: Diane Isbell, Special Review and 
Reregistration Division 7508C, Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8154; 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 Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2002-0354. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The docket telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.

[[Page 13308]]

II. What Action is the Agency Taking?

    This notice announces receipt by the Agency of applications from 
registrants to cancel three pesticide products registered under section 
3 of FIFRA. These registrations are listed in sequence by registration 
number in Table 1 of this unit.

 Table 1.--Phosmet Registrations with Pending Requests for Cancellation
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             Registration No.                       Product name
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2724-169                                    Vet-Kem Kemolate
                                             Emulsifiable Liquid
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10163-167                                   Imidan 50-WP Garden and Home
                                             Insecticide
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28293-15                                    Unicorn Phosmet Insecticidal
                                             Dust for Dogs
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    Unless a request is withdrawn by the registrant within 180 days of 
publication of this notice, orders will be issued canceling all of 
these registrations. Users of these pesticides or anyone else desiring 
the retention of a registration should contact the applicable 
registrant directly during this 180-day period.
    Table 2 of this unit includes the names and addresses of record for 
all registrants of the products in Table 1 of this unit, in sequence by 
EPA company number:

         Table 2.--Registrants Requesting Voluntary Cancellation
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              EPA Company No.                 Company name and address
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2724                                        Wellmark International
                                            1100 East Woodfield Road,
                                             Suite 500
                                            Schaumburg, IL 60173
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10163                                       Gowan Company
                                            370 S. Main Street
                                            Yuma, AZ 85364
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28293                                       Unicorn Laboratories
                                            12385 Automobile Blvd.
                                            Clearwater, FL 33762
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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. 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 September 15, 2003. 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

    In accordance with the Phosmet Interim Reregistration Eligibility 
Decision (IRED) document, dated October 30, 2001, and the Memorandum of 
Agreement signed by Gowan Company on October 20, 2001, the following 
two products, as identified in Table 1, are prohibited from sale: EPA 
Reg. Nos. 10163-167 and 28293-15. In addition, Wellmark International 
is prohibited from selling or distributing existing stocks of phosmet 
product EPA Reg. No. 2724-169, after March 30, 2003.
    Wellmark International signed an Agreement where the signatory, and 
non-signatory registrants agreed to: Stop formulating phosmet product 
(EPA Reg. No. 2724-169) for the dog use on August 30, 2002; and stop 
sales of the product on March 30, 2003. Sales of the subject product at 
the retail level can continue until supplies are exhausted; and 
existing stocks of phosmet technical not formulated into the dog use 
product will be used to formulate livestock use products.
    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.

List of Subjects

    Environmental protection, organophosphate, pesticides and pests.

    Dated: March 4, 2003.
Lois A. Rossi,
Director, Information Resources Services Division, Office of Pesticide 
Programs.
[FR Doc. 03-6236 Filed 3-18-03; 8:45 am]
BILLING CODE 6560-50-S