[Federal Register Volume 68, Number 133 (Friday, July 11, 2003)]
[Notices]
[Pages 41343-41345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17509]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0183; FRL-7315-5]


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 requests by Sumitomo Chemical Company, Limited and 
Bayer Environmental Science to voluntarily cancel the registrations for 
all of their products containing 4-chloro-alpha-(1-
methylethyl)benzeneacetic acid, cyano(3-phenoxyphenyl)methyl ester 
(fenvalerate). At the close of the comment period, EPA intends to issue 
an order granting these cancellation requests, unless the Agency 
receives substantive comments within the comment period that would 
merit its further review of these requests, or the requests have been 
withdrawn.

DATES: Comments must be received by August 11, 2003. Unless the Agency 
receives any substantive comments within the comment period that would 
merit its further review of these requests, or the requests have been 
withdrawn by August 11, 2003, EPA intends to issue orders canceling 
these registrations at the close of the comment period.

ADDRESSES:  Comments may be submitted electronically, by mail, or 
through hand delivery/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-2003-0183 in the subject line on the 
first page of your response.

FOR FURTHER INFORMATION CONTACT:  Wilhelmena Livingston, Special Review 
and Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8025, 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-2003-0183. 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/. You may use EPA docket 
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.

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-2003-0183 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 20460-0001.
    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 
describe 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-2003-0183. Electronic comments also 
may 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.

[[Page 41344]]

 In addition to one complete version of the comment that includes any 
information claimed as CBI, a copy 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 
FOR FURTHER INFORMATION CONTACT.

II. What Action is the Agency Taking?

    This notice announces receipt by the Agency of requests from 
Sumitomo Chemical Company, Limited and Bayer Environmental Science to 
cancel the registrations of three pesticide products registered under 
section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA). These three registrations constitute all registrations held by 
Sumitomo Chemical Company, Limited and Bayer Environmental Science of 
products containing 4-chloro-alpha-(1-methylethyl)benzeneacetic acid, 
cyano(3-phenoxyphenyl)methyl ester (fenvalerate). These requests are 
submitted pursuant to section 6(f) of FIFRA.
    Fenvalerate is a synthetic pyrethroid insecticide which is used to 
control insects and related organisms, molluscs, fouling organisms and 
miscellaneous invertebrates on agricultural, pet care, domestic home 
and garden (domestic), and commercial/industrial/food and non-food/
mosquito abatement (commercial) sites. On April 10, 2003, Sumitomo 
Chemical Company, Limited and on April 22, 2003, Bayer Environmental 
Science requested that EPA waive the 180-day period that typically has 
been allowed before requests for voluntary cancellation are approved or 
denied.
    These registrations are listed in sequence by registration number 
in Table 1 of this unit:

     Table 1.--Registrations with Pending Requests for Cancellation
------------------------------------------------------------------------
       Registration No.            Product Name        Chemical Name
------------------------------------------------------------------------
432-766                         Technical          Fenvalerate
                                 Fenvalerate
                                 Insecticide
---------------------------------------------------
432-767                         Gold Crest         Fenvalerate
                                 TributeTermitici
                                 de/Insecticide
---------------------------------------------------
10308-13                        Technical          Fenvalerate
                                 Sumicidin
                                 Insecticide
------------------------------------------------------------------------

    At the close of the comment period, EPA intends to issue an order 
granting these cancellation requests, unless the Agency receives any 
substantive comments within the comment period that would merit its 
further review of these requests, or the requests have been withdrawn. 
Users of these pesticides or anyone else desiring the retention of a 
registration should send in their comments to EPA. In addition, they 
may wish to contact the applicable registrant directly.
    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                     Company Name and Address
   No.
------------------------------------------------------------------------
     432  Bayer Environmental Science, 95 Chestnut Ridge Road, Montvale,
           NJ 07645
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   10308  Sumitomo Chemical Company, Limited, 5-33 Kitahama 4-Chome,
           Chuo-ku Osaka, 541, Japan
------------------------------------------------------------------------

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 provide a 30-day period in which the public may comment 
before the Agency may act on the request for voluntary cancellation. In 
the case of minor agricultural uses, section 6(f)(1)(c) of FIFRA 
provides for a 180-day comment period under certain circumstances. In 
this case, Bayer Environmental Science, and Sumitomo Chemical Company, 
Limited have requested that EPA waive the 180-day comment period. 
Accordingly, pursuant to section 6(f)(1)(c)(ii) of FIFRA. EPA is 
waiving the 180-day comment period and will provide interested parties 
30 days to comment on the action.

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 August 11, 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. Any person, including the 
registrant, who wishes to support the continued registration of 
fenvalerate, must fulfil all outstanding data gaps. In addition, EPA 
must find that fenvalerate is eligible for reregistration.

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 generally permit a registrant to sell or distribute existing 
stocks for 1 year after the date the cancellation is requested. 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. In 
this case, the Agency does not see a need to deviate from the Existing 
Stocks Policy. Unless the Agency receives substantive comments during 
the comment period that would merit its further review of this matter, 
the Agency intends to permit the registrants to sell and distribute the 
existing stocks for 1 year

[[Page 41345]]

after the effective date of the cancellation. Although in its original 
voluntary cancellation letter, Bayer requested 18 months to address any 
remaining stocks, in subsequent communication with the Agency, Bayer 
accepted a 12-month period for sale and distribution of the existing 
stocks.
    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. In this case, the Agency does not see a need to 
deviate from these general rules. Unless the Agency receives 
substantive comments during the comment period that would merit further 
review of this matter, the Agency intends to permit existing stocks 
already in the hands of dealers or users to be distributed, sold, or 
used until they are exhausted, provided that such further sale and use 
comply with the EPA-approved label and labeling of the affected 
product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 30, 2003.
Richard P. Keigwin, Jr.,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 03-17509 Filed 7-10-03; 8:45 am]
BILLING CODE 6560-50-S