[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Notices]
[Pages 38328-38331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16331]



[[Page 38328]]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0069; FRL-7310-6]


Propanil; Receipt of Requests to Amend or Voluntarily Cancel 
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 written requests by Agriliance, LLC, Dow 
AgroSciences, LLC, and RiceCo, LLC to voluntarily cancel/amend several 
registrations to terminate small grain uses (spring (hard red) wheat, 
oats, spring barley and durum wheat) of certain end-use and technical 
products for the active ingredient propanil. The Agency requests public 
comment on the voluntary cancellation and use deletion requests, and is 
providing a 30-day comment period. Agriliance, LLC, Dow AgroSciences, 
LLC and RiceCo, LLC have requested that the Administrator waive the 
180-day comment period provided under FIFRA section 6(f)(1)(C). EPA 
will decide whether to approve the request after consideration of 
public comment.

DATES: Unless a request is withdrawn, the Agency will approve these 
product and use cancellations/amendments and they will become effective 
on July 28, 2003.

FOR FURTHER INFORMATION CONTACT: Carmen Rodia, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460-0001; telephone number: (703) 306-0327; fax 
number: (703) 308-8041; 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. This action may 
however, be of interest to persons who are or may be required to 
conduct testing of chemical substances under FIFRA or the Federal Food, 
Drug, and Cosmetic Act (FFDCA); environmental, human health and 
agricultural advocates; pesticide users; and members of the public 
interested in the use of pesticides. Since other entities may also be 
interested, the Agency has not attempted to describe all of 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 or if there are any technical questions related to the propanil 
RED, please consult the Chemical Review manager 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-2003-0069. 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), Room 119, Crystal Mall 2, 
1921 Jefferson Davis Highway, Arlington, VA 22202-4501. 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/. To access RED documents 
electronically, go directly to the Office of Pesticide Program's Home 
Page at http://cfpub.epa.gov/oppref/rereg/status.cfm?show=rereg.
    An electronic version of the official public docket is available 
through EPA's electronic public docket and comment system, EPA Dockets, 
at http://cascade.epa.gov/RightSite/dk_public_home.htm. You may use 
EPA Dockets 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.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
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. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or on paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

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

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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 if additional information is needed regarding the substance of your 
comment. EPA's policy is that EPA will not edit your comment. 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://cascade.epa.gov/RightSite/dk_public_home.htm, and follow the online 
instructions for submitting comments. Once in the system, select 
``search,'' and then key in docket ID number OPP-2003-0069. This 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-2003-0069. 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), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460-0001, 
Attention: Docket ID Number OPP-2003-0069.
    3. By hand delivery or 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, Room 119, Crystal Mall 2, 
1921 Jefferson Davis Highway, Arlington, VA 22202-4501, Attention: 
Docket ID Number OPP-2003-0069. 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 technical 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. Receipt of Requests to Cancel Registrations

A. What Action is the Agency Taking?

    This Notice announces receipt by the Agency of requests from 
Agriliance, LLC, Dow AgroSciences, LLC, and RiceCo, LLC to cancel/amend 
10 pesticide products registered under section 3 of FIFRA, effective 
July 28, 2003. These registrations are listed in Unit II.C.

B. Background

    Propanil is a selective post-emergent general use acetanilide 
herbicide registered to control broadleaf and grass weeds on rice, 
small grains, and turf.
    On March 27, 2002, Dow AgroSciences, LLC requested voluntary 
cancellation pursuant to section 6(f) of FIFRA of their registrations 
for the products STAMPEDE CM (EPA Registration No. 62719-404) and 
STAMPEDE 80 EDF (Alternate Brand) (EPA Registration No. 62719-413). In 
addition, Dow AgroSciences, LLC also requested voluntary cancellation 
of propanil use on the small grains for STAM 80 EDF (EPA Registration 
No. 62719-413).
    On March 28, 2002, Dow AgroSciences, LLC requested voluntary 
cancellation pursuant to section 6(f) of FIFRA of their registration 
for the product STAMPEDE 3E (Alternate Brand) (EPA Registration No. 
62719-386). In addition, Dow AgroSciences, LLC also requested voluntary 
cancellation of propanil use on the

[[Page 38330]]

small grains for STAM F-34 (EPA Registration No. 62719-386).
    On March 29, 2002, Dow AgroSciences, LLC requested voluntary 
cancellation pursuant to section 6(f) of FIFRA of propanil use on the 
small grains for STAM TECHNICAL 98% DCA (EPA Registration No. 62719-
403).
    On March 17, 2003, RiceCo, LLC requested voluntary cancellation 
pursuant to section 6(f) of FIFRA of propanil use on the small grains 
for PROPANIL 60 DF (EPA Registration No. 71085-22).
    On April 29, 2003, Agriliance, LLC requested voluntary cancellation 
pursuant to section 6(f) of FIFRA of propanil use on the small grains 
or PROPANIL 80 EDF (EPA Registration No. 9779-338).
    On May 6, 2003, RiceCo, LLC requested voluntary cancellation 
pursuant to section 6(f) of FIFRA of propanil use on the small grains 
for the products RICECO PROPANIL TECHNICAL (EPA Registration No. 71085-
1) and RICECO PROPANIL TECHNICAL (EPA Registration No. 71085-21).

C. Request for Voluntary Cancellation of Propanil Products

    Pursuant to section 6(f)(1)(A) of FIFRA, Agriliance, LLC, Dow 
AgroSciences, LLC, and RiceCo, LLC have submitted a request to cancel/
amend 10 pesticide product uses registered under section 3 of FIFRA 
containing propanil as listed in the following Table 1:

     Table 1.--Registrations with Pending Requests for Amendments or
                              Cancellation
------------------------------------------------------------------------
                                                      Intended Effective
     EPA Registration Number         Product Name          Date for
                                                         Cancellation
------------------------------------------------------------------------
9779-338                          PROPANIL 80 EDF     July 28, 2003
                                   (Amend label to
                                   delete use on
                                   spring (hard red)
                                   wheat, spring
                                   barley, and durum
                                   wheat)
------------------------------------------------------
62719-386                         STAMPEDE 3E         July 28, 2003
                                   (Alternate Brand)
                                   (Product
                                   cancellation)
                                  STAM F-34 (Amend
                                   label to delete
                                   use on spring
                                   (hard red) wheat,
                                   oats, spring
                                   barley, and durum
                                   wheat).
------------------------------------------------------
62719-403                         STAM TECHNICAL 98%  July 28, 2003
                                   DCA (Amend label
                                   to delete use on
                                   spring (hard red)
                                   wheat, oats,
                                   spring barley
                                   and, durum wheat)
------------------------------------------------------
62719-404                         STAMPEDE CM         July 28, 2003
                                   (Product
                                   cancellation)
------------------------------------------------------
62719-413                         STAMPEDE 80 EDF     July 28, 2003
                                   (Alternate Brand)
                                   (Product
                                   cancellation)
                                  STAM 80 EDF (Amend
                                   label to delete
                                   use on spring
                                   (hard red) wheat,
                                   oats, spring
                                   barley, and durum
                                   wheat).
------------------------------------------------------
71085-1                           RICECO PROPANIL     July 28, 2003
                                   TECHNICAL (Amend
                                   label to delete
                                   use on spring
                                   (hard red) wheat,
                                   spring barley,
                                   and durum wheat)
------------------------------------------------------
71085-21                          RICECO PROPANIL     July 28, 2003
                                   TECHNICAL (Amend
                                   label to delete
                                   use on spring
                                   (hard red) wheat,
                                   spring barley,
                                   and durum wheat)
------------------------------------------------------
71085-22                          PROPANIL 60 DF      July 28, 2003
                                   (Amend label to
                                   delete use on
                                   spring (hard red)
                                   wheat, spring
                                   barley, and durum
                                   wheat)
------------------------------------------------------------------------

III. What is the Agency's Authority for Taking this Action?

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that EPA cancel any of their pesticide registrations. Section 
6(f)(1)(B) of FIFRA requires that the Agency provide a 30-day period in 
which the public may comment before EPA may act 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(s) 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 registrants have requested that EPA waive the 180-day 
comment period. In light of this request, the Agency is granting the 
request to waive the 180-day comment period and is providing a 30-day 
public comment period before taking action on the requested 
cancellations. If the Agency does not receive any comments specific to 
these cancellations, EPA intends to grant the requested cancellations 
at the close of the 30-day public comment period for this Notice on 
July 28, 2003.

A. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for voluntary 
cancellation must submit such withdrawal in writing to the person 
listed under FOR FURTHER INFORMATION CONTACT, postmarked before July 
28, 2003. This written withdrawal of the request for voluntary 
cancellation will apply only to the applicable FIFRA section 6(f)(1) 
requests listed in Table 1 of 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

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withdrawal request must also include a commitment to pay any 
reregistration fees due and to fulfill any applicable unsatisfied data 
requirements.
    Table 2 of this unit includes the names and addresses of the 
registrants of the products in Table 1 of this unit:

         Table 2.--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
           EPA Company Number                Company Name and Address
------------------------------------------------------------------------
9779                                     Agriliance, LLC, 5600 Cenex
                                          Drive, Inver Grove Heights, MN
                                          55077-1723
------------------------------------------------------------------------
62719                                    Dow AgroSciences, LLC, 9330
                                          Zionsville Road, Indianapolis,
                                          IN 46268-1054
------------------------------------------------------------------------
71085                                    RiceCo, LLC, 5100 Poplar
                                          Avenue, Suite 2428, Memphis,
                                          TN 38137-2428
------------------------------------------------------------------------

B. Provisions for Disposition of Existing Stocks

    The Agency intends to prohibit the sale and distribution of 
existing stocks of the affected propanil products (EPA Registration 
Nos. 9779-338, 62719-386, 62719-403, 62719-404, 62719-413, and 71085-
22) 12 months after publication of this Notice on June 28, 2004.
    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 data 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, Propanil, Pesticides and pests.

    Dated: June 16, 2003.
Richard P. Keigwin, Jr.,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 03-16331 Filed 6-26-03; 8:45 am]
BILLING CODE 6560-50-S