[Federal Register Volume 68, Number 187 (Friday, September 26, 2003)]
[Notices]
[Pages 55609-55611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24535]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0333; FRL-7324-2]


Fenthion; Product Registrations Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is issuing a cancellation order for the cancellations, as 
requested by Bayer Environmental Science, of all of Bayer's 
registrations for products containing O,O-dimethyl O-(4-(methylthio)-m-
tolyl)phosphorothioate (fenthion) and accepted by EPA, pursuant to 
section 6(f) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA). This order follows up a May 30, 2003 notice of receipt of 
requests from Bayer for cancellations of all of Bayer's fenthion 
product registrations. In the May 30, 2003 notice, EPA indicated that 
it would issue an order granting the voluntary product registration 
cancellations, unless the Agency received any substantive comments 
within the comment period that would merit its further review of these 
requests. After reviewing the comments received, EPA decided to approve 
the voluntary cancellation request. Accordingly, EPA hereby issues this 
notice of a cancellation order granting the requested cancellations. 
Any distribution, sale, or use of the products subject to this 
cancellation order is only permitted in accordance with the terms of 
the existing stocks provisions of this cancellation order.

DATES: This cancellation order will be effective June 30, 2004.

FOR FURTHER INFORMATION CONTACT: Susan Jennings, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental

[[Page 55610]]

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 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 cancellation, as requested by the pesticide 
registrant, Bayer, of its fenthion products registered under section 3 
of FIFRA. These registrations are listed in sequence by registration 
number in Table 1 of this unit. Additionally, there are four FIFRA 
section 24(c) registrations, which the Agency intends to address in a 
separate action.
    Fenthion is an organophosphorous insecticide used to control adult 
mosquitos in two counties in Florida. In a letter dated March 31, 2003, 
Bayer Environmental Science requested a voluntary cancellation of all 
its 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.

     Table 1.--Registrations with Pending Requests for Cancellation
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       Registration number           Product name        Chemical name
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432-1285                          Baytex Liquid       Fenthion
                                   Concentrate
                                   Insecticide
432-1290                          Baytex Technical    Fenthion
                                   Insectide
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    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 nunber                Company name and address
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432                                         Bayer Environmental Science,
                                             95 Chestnut Ridge Road,
                                             Montvale, NJ 07645
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III. Cancellation Order

    Pursuant to section 6(f) of FIFRA, EPA hereby approves the 
requested cancellations of fenthion product registrations identified in 
Table 1 of this notice. Accordingly, the Agency orders that the 
fenthion product registrations identified in Table 1 are hereby 
canceled as of June 30, 2004. After June 30, 2004, it will be unlawful 
for any person to distribute or sell any fenthion product, except as 
provided in Unit VI. Use of any fenthion products before November 30, 
2004, including canceled products, must be in accordance with label 
directions and restrictions. Use of any fenthion products after 
November 30, 2004, is unlawful.

IV. 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.

V. What Comments did the Agency Receive?

    EPA received three sets of comments on the voluntary cancellation 
request for fenthion products during the comment period. The 
commenters, American Bird Conservancy, Defenders of Wildlife, and 
Florida Wildlife Federation, as well as two private citizens, all 
supported the granting of the volunatary cancellation request.
    EPA also received one comment from the Lee County Mosquito Control 
District (LCMCD) after the close of the comment period. Although EPA is 
not obligated to consider untimely comments, the Agency did review the 
comment. EPA does not believe the issues raised by LCMCD merit further 
review or a denial of the voluntary cancellation request. EPA's 
detailed response to the LCMCD comment may be found in the docket 
listed in Unit I.B.1.

VI. Provisions for Disposition of 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. Sale and distribution of fenthion products will 
not be permitted after June 30, 2004, except for the return to Bayer of 
unused product or for proper disposal until December 31, 2004. Use of 
any fenthion products will not be lawful under FIFRA after November 30, 
2004. Use of fenthion products, including canceled products prior to 
November 30, 2004, must be in

[[Page 55611]]

accordance with the label directions and restrictions.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 15, 2003.
 Betty Shackleford,
Acting Director, Information Resources Services Division, Office of 
Pesticide Programs.
[FR Doc. 03-24535 Filed 9-25-03; 8:45 am]
BILLING CODE 6560-50-S