[Federal Register Volume 68, Number 104 (Friday, May 30, 2003)]
[Notices]
[Pages 32495-32497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13561]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0122; FRL-7304-6]


Fenthion; Notice of Receipt of Request 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 Bayer Environmental Science to 
voluntarily cancel the registrations for all of their products 
containing O,O-dimethyl O-(4-methylthio)-m-tolyl)phosphorothioate 
(fenthion). EPA intends to grant this request by issuing a cancellation 
order at the close of the comment period for this announcement unless 
the Agency receives substantive comments within the comment period that 
would merit its further review of this request. It is EPA's intent that 
the effective date of the cancellation order, as requested by Bayer, 
will be June 30, 2004. Upon the effective date of the cancellation 
order, any distribution or sale of products listed in this notice will 
be prohibited as of June 30, 2004, except for return of unused portions 
to Bayer or for proper disposal. EPA expects use of products listed in 
this notice will be permitted until November 30, 2004. Any such use 
must be in accordance with the label. Bayer has submitted, and EPA 
intends to approve, label amendments intended to further mitigate the 
risks of fenthion. Because Bayer has requested cancellation of the 
registrations of all of its fenthion products, Bayer is not required to 
satisfy the data requirements in any of the Agency's Data Call-Ins, 
including the Developmental Neurotoxicity Data Call-In.

DATES: Comments on the requested registration cancellations must be 
submitted to the address provided below and identified by docket ID 
number OPP-2003-0122. Comments must be received on or before July 29, 
2003.

ADDRESSES: Comments may be submitted electronically, by mail, or by 
hand delivery or courier. Please follow the detailed instructions for 
each method as provided in Unit I.C. of the SUPPLEMENTARY INFORMATION. 
To ensure proper receipt by EPA, it is imperative that you identify 
docket ID number OPP-2003-0122 in the subject line on the first page of 
your response.

FOR FURTHER INFORMATION CONTACT: Susan Jennings, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (706) 355-8574; 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-2003-0122. 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. EPA also established two dockets containing documents in 
support of the fenthion IRED. They are dockets OPP-34145 and OPP-
34145A. 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

[[Page 32496]]

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.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPP-2003-0122. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPP-2003-0122. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2003-0122.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket 
ID Number OPP-2003-0122. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is 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 docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket 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. Make sure to submit your comments by the deadline in this 
notice.
    7. 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 Bayer 
Environmental Science to cancel two pesticide products registered under 
section 3 of FIFRA. These registrations are listed by registration 
number in Table 1. Additionally, there are four section 24(c) 
registrations, which the Agency intends to address in a separate 
action.

A. Background Information

    Fenthion is an organophosphorous insecticide used to control adult 
mosquitos in Florida.
    In a letter dated March 31, 2003, Bayer Environmental Science 
requested a voluntary cancellation of all their registrations for 
products containing fenthion, to be effective June 30, 2004. Bayer 
stated that this decision was based on the fact that the market for 
this product is very limited, in addition to the expected costs for 
generating data to meet the requirements mandated by the FIFRA 
reregistration process.
    Bayer has requested that distribution and sale of fenthion be 
prohibited after

[[Page 32497]]

June 30, 2004. The Agency intends to announce this in a cancellation 
order following the comment period, unless substantive comments warrant 
the Agency's further review of this request. Use of fenthion will be 
prohibited after November 30, 2004. All unopened material may be 
returned to Bayer Environmental Science until December 31, 2004.

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 60-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 registant has requested a waiver of the comment period. The Agency 
will therefore apply a 60-day comment period.

     Table 1.--Registrations with Pending Requests for Cancellation
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       Registration No.            Product Name           Company
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432-1285                        Baytex Liquid      Bayer Environmental
                                 Concentrate        Science
                                 Insecticide
432-1290                        Baytex Technical   Bayer Environmental
                                 Insecticide        Science
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    Unless a request is withdrawn by the registrant within 60 days of 
publication of this notice, or if the Agency determines that there are 
substantive comments that warrant further review of this request, an 
order will be issued canceling all of these registrations.
    Table 2 of this unit includes the name and address of record for 
the registrant of the products in Table 1 of this unit.

         Table 2.--Registrants Requesting Voluntary Cancellation
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            EPA Company No.                  Company Name and Address
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432                                      Bayer Environmental Science, 95
                                          Chestnut Ridge Road, Montvale,
                                          NJ 07645
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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 and must accept public comment for a specified time. 
Thereafter, the Administrator may approve such a request.

IV. Procedures for Withdrawal of Request and Considerations for 
Reregistration of Fenthion

    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 July 29, 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.
    Any person, including the registrant, who wishes to support the 
continued registration of fenthion, must fulfill all outstanding data 
gaps. In addition, EPA must find that fenthion is eligible for 
reregistration. Finally, EPA may have to consult with the U.S. Fish and 
Wildlife Service under the Endangered Species Act.

V. Provisions for Disposition of Existing Stocks

    The Agency intends to issue a cancellation order following 
consideration of all comments received during the comment period, 
unless the comments warrant further review of this request. Any 
cancellation order issued in response to this request will have an 
expected effective date of June 30, 2004.
    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. The Agency intends to grant the request of Bayer 
that there be no distribution and sale of existing stocks as of the 
effective date of the cancellation order, June 30, 2004, except for the 
return to Bayer of unused product or for proper disposal until December 
31, 2004. The Agency also intends to grant Bayer's request that the use 
of fenthion be prohibited as of November 30, 2004. All use of fenthion 
must be in accordance with the terms and conditions of the product's 
labeling.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 29, 2003.
Lois Ann Rossi,
Director, Special Review and Reregistration Division
[FR Doc. 03-13561 Filed 5-29-03; 8:45 am]
BILLING CODE 6560-50-S