[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Notices]
[Pages 39927-39928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15047]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0208; FRL-7368-2]


Fipronil; Cancellation Order for Certain Product 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 
cancellation orders announcing its approval of the requests submitted 
by Bayer CropScience to voluntarily cancel the registrations of certain 
pesticide products containing fipronil for use on rice or rice seed. 
This cancellation order is effective July 1, 2004. 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 provision 
of this cancellation order.

FOR FURTHER INFORMATION CONTACT:  Ann Sibold, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 305-6502; 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 order, 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-2004-0208. 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, 
1801 Bell St., 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?

    EPA is issuing cancellation orders approving the requests submitted 
by Bayer CropScience to voluntarily cancel the registrations of three 
pesticide products registered under section 3 of

[[Page 39928]]

FIFRA. These registrations constitute all registrations held by Bayer 
Crop Science containing fipronil for use on rice or rice seed. In a 
letter dated April 20, 2004, Bayer CropScience requested voluntary 
cancellation of these product registrations. Notice of receipt of this 
request was published in the Federal Register on May 7, 2004 (69 FR 
25577) (FRL-7358-1). One comment, submitted by the USA Rice Federation, 
requested an extension of the public notice period to July 1, 2004, so 
that they could continue discussions with Bayer CropScience to withdraw 
the request for voluntary cancellation. As the Icon registrations were 
time limited, with an expiration date of July 1, 2004, the Agency 
determined that an extension to the expiration date of July 1, 2004 
would make the extension meaningless. In a notice published in the 
Federal Register on June 9, 2004 (69 FR 32345) (FRL-7363-7), the Agency 
agreed to extend the comment period to June 21, 2004 so that any 
comments could be considered before the expiration date.
    After considering the comments received, EPA has decided to accept 
the voluntary cancellation requests. Accordingly, the Agency is issuing 
an Order canceling the three registrations identified in Table 1. This 
cancellation order is effective July 1, 2004. 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 provision 
of this cancellation order. These registrations are listed in sequence 
by registration number in Table 1 of this unit:

             Table 1.-- Approved Registration Cancellations
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        Registration No.             Product name        Chemical name
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264-576                           Icon 80WG           fipronil
264-577                           Icon 6.2FS          fipronil
264-580                           Icon 6.2SC          fipronil
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    Table 2 of this unit includes the names and addresses of record for 
all registrants of the products in Table 1 of this unit, in sequence by 
EPA company number:

         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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III. Cancellation Order

    Pursuant to Section 6(f) of FIFRA, EPA hereby approves the 
requested cancellations of the fipronil product registrations 
identified in Table 1 of this order. Accordingly, the Agency orders 
that the fipronil product registrations identified in Table 1 are 
hereby canceled as of July 1, 2004.

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?

    In response to the Federal Register Notice of June 9, 2004 (69 FR 
32345), Bayer CropScience submitted a comment that they had sent a 
letter to the USA Rice Federation informing them that Bayer CropScience 
was not interested in selling or licensing Icon, and that the Agency 
should continue with cancellation of the Icon registrations. In 
addition, the USA Rice Federation submitted a comment dated June 21, 
2004 stating that they had received a final negative response from 
Bayer CropScience. No other timely substantive comments were received.

VI. Provisions for Disposition of Existing Stocks

    The registrant is permitted to sell or distribute existing stocks 
for 1 year after the date the cancellation request was received, until 
April 21, 2005. 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). 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 order, July 1, 2004. 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.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 25, 2004.
Deborah McCall,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 04-15047 Filed 6-30-04; 8:45 am]
BILLING CODE 6560-50-S