[Federal Register Volume 69, Number 67 (Wednesday, April 7, 2004)]
[Notices]
[Pages 18368-18370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7868]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0397; FRL-7350-9]


Molinate; Cancellation Order

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, the Agency is 
issuing a cancellation order announcing its approval of the requests 
submitted by Syngenta Crop Protection Inc., and Helm Agro U.S. Inc., to 
amend and voluntarily cancel the registrations of all of their products 
containing S-ethyl hexahydro-1H-azepine-1-carbothioate (molinate) 
effective June 30, 2008. 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.

FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review

[[Page 18369]]

and Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8025; fax 
number: (703) 308-8041; 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-2003-0397. 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), Room 119, Crystal Mall 2, 
1921 Jefferson Davis Highway, Arlington, VA 22202-4501. 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, 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 that EPA is approving the cancellation order 
requests, from Syngenta Crop Protection Inc., and Helm Agro U.S. Inc., 
to cancel the registration of 14 pesticide products registered under 
section 3 or 24(c) of FIFRA. These 14 registrations constitute all 
registrations held by Syngenta Crop Protection Inc., and Helm Agro U.S. 
Inc., of products containing S-ethyl hexahydro-1H-azepine-1-
carbothioate (molinate). These requests are submitted pursuant to 
section 6(f) of FIFRA. In addition, EPA is approving requests from 
Syngenta Crop Protection Inc., and Helm Agro U.S. to amend the 
registrations for these products for the time period prior to their 
cancellation.
    On June 2, 2003, Syngenta Crop Protection Inc., and on August 7, 
2003, Helm Agro U.S. 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. This order 
follows up a Federal Register notice of September 17, 2003 (68 FR 
54451) (FRL-7324-7), announcing receipt of written requests by Syngenta 
Crop Protection Inc., and Helm Agro U.S., Inc., to voluntarily cancel 
their molinate product registrations. Syngenta and Helm also requested 
that the Administrator waive the 180-day waiting period under FIFRA 
section 6(f)(1)(C)(ii).
    Molinate 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, Tennessee, and Texas. The registrations subject to the 
requests for cancellation are listed by registration number in Table 1 
of this unit.
    After considering comments received, EPA has decided to accept the 
voluntary cancellation requests. Accordingly, the Agency is issuing an 
Order in this Notice canceling the 14 registrations identified in Table 
1.

              Table 1.--Approved Registration Cancellations
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       Registration Number           Product Name          Chemical
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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 Technical    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
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CA85005300                        Ordram 8-E An       Molinate
                                   Emulsufiable
                                   Liquid Herbicide
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TX81002600                        Ordram 8-E          Molinate
                                   Emulsufiable
                                   Liquid Herbicide
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TN93000700                        Ordram 15-G         Molinate
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    Table 2 of this unit includes the name and address of record for 
the registrants of the products in Table 1 of this unit, in sequence by 
EPA company number:

[[Page 18370]]



         Table 2.--Registrants Requesting Voluntary Cancellation
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              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 U.S., Inc.
                                            Nordkanalstrasse 28
                                            D-20097 Hamburg, Germany
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III. Cancellation Order

    Pursuant to section 6(f) of FIFRA, EPA hereby approves the 
requested cancellations of molinate product registrations identified in 
Table 1 of this notice. Accordingly, the Agency orders that the 
molinate product registrations identified in Table 1 are hereby 
canceled as of June 30, 2008.

IV. 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 reports will be submitted by September 30 of each year to the 
Agency's 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.

V. 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 
registration 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.

VI. What Comments Did the Agency Receive?

    EPA received two sets of comments on the voluntary cancellation 
requests for molinate products during the comment period. The 
commenters, Pesticide Action Network North America (PANNA) and Natural 
Resource and Defense Council (NRDC) strongly support the cancellation 
of molinate, but are concerned that the proposed phase-out is too long 
and will permit ongoing environmental and human health harm for many 
years. Further, they were concerned that the Agency is not requiring 
risk mitigation during the phase-out period to address exposure to 
molinate in ambient air.
    EPA believes the voluntary agreement achieves more timely risk 
mitigation then would have been achieved through a regulatory process. 
In addition, under FIFRA, where the Agency must look at risks and 
benefits of a pesticide, it is not certain that the result of 
reregistration would have been cancellation. EPA's detailed responses 
to PANNA and NRDC comments may be found in the docket listed in Unit 
I.B1.

VII. Provisions for Disposition of Existing Stocks

    For purposes of this Cancellation Order, the term ``existing 
stocks'' is defined, pursuant to EPA's existing stocks policy (56 FR 
29362, June 26, 1991), as those stocks of a registered pesticide 
product 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 order. The existing stocks provisions of this 
cancellation order are as follows:
    The cancellation of these registrations has an effective date of 
June 30, 2008. After that date, Syngenta Crop Protection Inc., and Helm 
Agro U.S. Inc., may not sell or distribute any molinate products except 
as detailed in the cancellation order. Syngenta Crop Protection Inc., 
and Helm Agro U.S. Inc., 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 is permitted 
after the 2009 growing season (August 31, 2009).

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 26, 2004.
 Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 04-7868 Filed 4-6-04; 8:45 am]
BILLING CODE 6560-50-S