[Federal Register Volume 68, Number 143 (Friday, July 25, 2003)]
[Notices]
[Pages 44081-44082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19007]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0231; FRL-7315-6]


Notice of Receipt of Requests to Voluntarily Cancel Fenridazone 
Potassium Pesticide Registration

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 a registrant to voluntarily cancel a 
certain pesticide registration.

DATES: Unless the Agency receives any substantive comments within the 
comment period that would merit its further review of this request, or 
the request has been withdrawn by August 25, 2003, EPA intends to issue 
an order canceling the registration at the close of the comment period.

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 20460-0001; telephone number: (703) 308-8062; e-mail 
address: [email protected]..gov.

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-2003-0231. 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.

II. What Action is the Agency Taking?

    This notice announces receipt by the Agency of a request from the 
registrant to cancel its EPA Registration for the pesticide product 
containing the active ingredient, fennridazone potassium. The technical 
registrant, Monsanto Company submitted a letter to the Agency on May 
20, 2003, requesting a voluntary cancellation of their only 
registration for the product containing fenridazone potassium. This 
registration is listed in the following Table 1.

     Table 1.--Registrations with Pending Requests for Cancellation
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        Registration No.             Product Name        Chemical Name
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524-453                           Hybrex 2LC          Fenridazone
                                   Chemical            potassium
                                  Hybridizing Agent.
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    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 registrants' request to waive the 180-day comment 
period. Therefore, EPA will provide a 30-day comment period on the 
proposed requests. EPA anticipates granting the cancellation request 
shortly after the end of the 30-day comment period for this notice

[[Page 44082]]

unless the Agency receives substantive comments within the comment 
period that would merit further review of the request. The registration 
for which cancellation was requested is identified in Table 1. of this 
unit.
    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, orders will be issued canceling this 
registration. Users of this pesticide or anyone else desiring the 
retention of a registration should contact the applicable registrant 
directly during this 30-day period.
    Table 2 of this unit includes the name and address of record for 
the registrant of the product 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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524                                         Monsanto Company
                                            600 13th Street, NW
                                            Suite 600
                                            Washington, DC 20005
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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 August 25, 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

    The effective date of cancellation will be the date of the 
cancellation order. The order effecting this requested cancellation 
will generally permit a registrant to sell or distribute existing 
stocks for 1 year after the date the cancellation request was received. 
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.
    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 the letter the Agency received from the registrant on May 20, 
2003, the registrant stated that the Hybrex 2LC Chemical Hybridizing 
product has not been sold since 1989 nor has the chemical ever been 
distributed. Therefore, no products should be in the channels of trade.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: July 18, 2003.
Richard P. Keigwin, Jr.,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 03-19007 Filed 7-24-03; 8:45 am]
BILLING CODE 6560-50-S