[Federal Register Volume 68, Number 180 (Wednesday, September 17, 2003)]
[Notices]
[Pages 54451-54454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23430]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0184; FRL-7324-7]


Molinate; 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 from Syngenta Crop Protection, Inc. and 
Helm Agro US, Inc. to voluntarily cancel the registrations for all of 
their products containing S-ethyl hexahydro-1H-azepine-1-carbothioate 
(molinate). 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further review of these requests, or the requests have been withdrawn.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 October 17, 2003. 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withdrawn by October 17, 2003, EPA intends to issue an order canceling 
these registrations at the close of the comment period.

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-2003-0184. 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

[[Page 54452]]

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. Once in the system, select ``search,'' 
then key in the appropriate docket ID number.
    Certain types of information will not be placed in EPA's Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statue, 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. EPA intends to work towards 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic 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 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 statue.
    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 Docket. 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-
0184. 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-2003-0184. 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-2003-0184.
    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-2003-0184. 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 any 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 as CBI 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

[[Page 54453]]

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.

II. Background

What Action is the Agency Taking?

    This notice announces receipt by the Agency of requests from 
Syngenta Protection Crop, Inc. and Helm Agro US, Inc. to cancel the 
registration of 14 pesticide products registered under section 3 or 
24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA). The 14 registrations constitute all registrations held by 
Syngenta Crop Protection, Incorporated and Helm Agro US, Incorporated 
of products containing S-ethyl hexahydro-1H-azepine-1-carbothioate 
(molinate). These requests are submitted pursuant to section 6(f) of 
FIFRA.
    On June 2, 2003, Syngenta Crop Protection, Inc., and on August 7, 
2003, Helm Agro US, Inc. submitted a letter to EPA requesting 
cancellation, effective June 30, 2008, of the registrations of all 
their molinate products, and to modify the terms and conditions of its 
molinate registration until the cancellation is effective. Syngenta and 
Helm also requested that the Administrator waive the 180-day waiting 
period under FIFRA section 6(f)(1)(C)(ii).
    Molinate (S-ethyl hexahydro-1H-azepine-1-carbothiate) is a 
thiocarbamate herbicide registered for use primarily for the control of 
water grass in rice. Rice is grown in California and the south central/
south eastern states of Arkansas, Louisiana, Missouri, Texas, and 
Tennessee. The registrations subject to the requests for cancellation 
are listed in Table 1 of this unit:

     Table 1.--Registrations with Pending Requests for Cancellation
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       Registration number           Product name        Chemical name
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100-981                           Riceco Molinate     Molinate
                                   Technical
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100-982                           Riceco Touche       Molinate
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100-983                           Molinate 15G        Molinate
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100-1021                          Ordram 8-E An       Molinate
                                   Emulsufiable
                                   Liquid Herbicide
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100-1036                          Arrosolo 3-3E       Molinate
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100-1039                          Ordram 15-G         Molinate
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100-1040                          Ordram Techncial    Molinate
                                   Herbicide
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100-1102                          Ordram 15-GM Rice   Molinate
                                   Herbicide
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74530-7                           Molinate Technical  Molinate
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CA77015900                        Ordram 8-E An       Molinate
                                   Emulsufiable
                                   Liquid Herbicide
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CA84017200                        Ordram 8-E An       Molinate
                                   Emulsufiable
                                   Liquid Herbicide
------------------------------------------------------------------------
CA85005300                        Ordram 8-E An       Molinate
                                   Emulsufiable
                                   Liquid Herbicide
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TX81002600                        Ordram 8-E An       Molinate
                                   Emulsufiable
                                   Liquid Herbicide
------------------------------------------------------------------------
TN93000700                        Ordram 15-G         Molinate
 
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    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. 
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 name and address of record for 
the registrants of the products in Table 1 of this unit:

        Table 2. --Registrants Requesting Voluntary Cancellation
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            EPA Company number                Company name and address
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100                                         Syngenta Crop Protection,
                                             Inc., P.O. Box 18300,
                                             Greensboro, NC 27419-8300
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74530                                       Helm Agro US, Inc.,
                                             Nordkanalstrasse 28 D-
                                             20097, Hamburg, Germany
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A. Modification of the Terms and Conditions of the Molinate 
Registrations

    The 2002 sales level of the molinate active ingredient will be the 
maximum amount that Syngenta and Helm will sell or distribute in 2004, 
2005, and 2006. Syngenta and Helm may not sell or distribute any more 
than 75% of the 2002 sales levels in the year 2007, and sell or 
distribute more than 50% of the 2002 sales levels in the year 2008.
    Syngenta and Helm will provide annual production/sales reports to 
the Agency beginning in the year 2004 through 2009. Syngenta and Helm 
will also provide inventory reports for the years 2007, 2008, and 2009. 
These

[[Page 54454]]

reports will be submitted by September 30 of each year to the Chemical 
Review Manager for molinate.
    Failure by either registrant to comply with the sale or 
distribution limits contained in the molinate registration constitutes 
grounds for immediate cancellation of the registration without 
opportunity for a hearing.

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, both molinate registrants 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 October 17, 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 wants to support the continued registration of 
molinate, must fulfill all outstanding data gaps. In addition, EPA must 
find that molinate is eligible for reregistration.

V. Provisions for Disposition of Existing Stocks

    The Agency intends to issue a cancellation order following the 
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, 2008.
    After that date, Syngenta and Helm may not sell or distribute any 
molinate products except as detailed in the cancellation order as 
follows. Syngenta and Helm will be permitted to distribute the molinate 
active ingredient in 2009 for the purposes of facilitating usage by 
August 31, 2009. No use of products containing molinate will be 
permitted after the 2009 growing season (August 31, 2009).

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 4, 2003.
 Betty Shackleford,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 03-23430 Filed 9-16-03; 8:45 am]
BILLING CODE 6560-50-S