[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Notices]
[Pages 12658-12659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-558]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0048; FRL-7348-3]


Notice of Receipt of Request to Voluntarily Cancel Certain 
Pesticide Registrations for Amitraz

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 Bayer CropScience to voluntarily cancel 
certain pesticide registrations containing amitraz.

DATES: Unless a request is withdrawn by April 16, 2004, for EPA 
Registration Numbers: 264-625 and 264-636, orders will be issued 
canceling these registrations.

FOR FURTHER INFORMATION CONTACT: John W. Pates, Jr., Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8195; 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-2004-0048. 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 an application from 
Bayer CropScience to cancel two pesticide products registered under 
section 3 of FIFRA. The registrant has requested that EPA waive the 
180-day comment period. EPA is granting the registrant's request to 
waive the 180-day comment period. EPA anticipates granting the 
cancellation request shortly after the end of the 30-day comment period 
for this notice. Therefore, EPA will provide a 30-day comment period on 
the proposed requests. These registrations are listed by registration 
number in Table 1 of this unit:

     Table 1.--Registrations with Pending Requests for Cancellation
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        Registration No.             Product Name        Chemical Name
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264-625                           Ovasyn              Amitraz
                                  Insecticide/
                                   Miticide.
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264-636                           Mitac               Amitraz
                                  W Insecticide.....
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    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, orders will be issued canceling all of 
these registrations. Users of these pesticides or anyone else desiring 
the retention of a registration should contact the applicable 
registrant directly during this 30-day comment period.
    Table 2 of this unit lists the name and address of record for the 
only registrant of the products 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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264                                       Bayer CropScience, 2 T.W.
                                           Alexander Drive, Research
                                           Triangle Park, NC 27709
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[[Page 12659]]

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, by [insert date 30 days after date of 
publication in the Federal Register]. 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 products 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 orders effecting these requested cancellations 
will generally permit a registrant to sell or distribute existing 
stocks for 1 year after the date the cancellation order publishes. 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.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 3, 2004.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. E4-558 Filed 3-16 -04; 8:45 am]
BILLING CODE 6560-50-S