[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Notices]
[Pages 40906-40909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15209]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0043; FRL-7363-9]


Chlorpyrifos-methyl; Amendment to the Tolerance Reassessment and 
Risk Management Decision and Notice of Receipt of Request for 
Registration Cancellation

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 modifying 
the terms of the voluntary cancellation notice published in the Federal 
Register on April 24, 2002 (FR 67 20118) (FRL-

[[Page 40907]]

6773-1), for three pesticide products containing the active ingredient 
chlorpyrifos-methyl based on data received from the registrants and 
comments and information received from the United States Department of 
Agriculture (USDA). EPA proposes to extend the effective cancellation 
for two products (Gustafson Reldan 4E Insecticide, registration number 
7501-41; and Reldan 4E, registration number 62719-43) to December 31, 
2004. The technical registration Reldan F Insecticidal, registration 
number 62719-42 will be maintained.

DATES:  The cancellations are effective on December 31, 2004, unless 
the Agency receives a written withdrawal request on or before January 
3, 2005. The Agency will consider withdrawal requests postmarked no 
later than January 3, 2005.
    Users of these products who desire continued use should contact the 
applicable registrant on or before January 3, 2005.

ADDRESSES: Written withdrawal requests may be submitted electronically, 
by mail, or through hand delivery/courier. Follow the detailed 
instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION. 
To ensure proper receipt by EPA, it is imperative that you identify 
docket identification (ID) number OPP-2004-0043 in the subject line on 
the first page of your response.

FOR FURTHER INFORMATION CONTACT: Katie Hall, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0166; 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 applicability of this action to a particular entity, 
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 ID number OPP-2004-0043. 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 S. 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. Once in the system, select ``search,'' 
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, 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.1. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the 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.

II. How Can I Respond to this Action?

A. 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 statute.
    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

[[Page 40908]]

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 Dockets. 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-2004-0043. 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-2004-0043. 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-2004-0043.
    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, 1801 S. Bell St., Arlington, VA, Attention: Docket ID 
Number OPP-2004-0043. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

III. What Action is the Agency Taking?

    This notice amends the notice of receipt that was published on 
April 24, 2002 (FR 67 20118) (FRL-6773-1), for three pesticide products 
containing chlorpyrifos-methyl based on comments and information 
received from USDA and stakeholders.

A. Background

    The Agency's 2001 Tolerace Reassessment and Risk Management 
Decision (TRED) on chlorpyrifos-methyl provided a phase-out of 
chlorpyrifos-methyl containing products. Under the phase-out schedule, 
the registrants could sell and distribute this product through December 
31, 2003, and the last use date was expected to be December 31, 2004. 
The Agency recognized the importance of chlorpyrifos-methyl for grain 
storage, and allowed for a phase-out in order to transition to 
alternative means of pest control. As a condition of the phase-out, EPA 
required additional studies to better characterize risk associated with 
chlorpyrifos-methyl, and the registrants provided an acute delayed 
neurotoxicity study, and a 2-generation rat reproduction study.
    The Agency has reconsidered the toxicity data gaps identified in 
the chlorpyrifos-methyl toxicology chapter of the TRED dated April 17, 
2000. The Agency considered the use of data from a related chemical, 
chlorpyrifos-ethyl, to address data gaps for chlorpyrifos-methyl. EPA 
concluded that chlorpyrifos-methyl is likely to be less toxic than 
chlorpyrifos-ethyl based on a side-by-side comparison of cholinesterase 
inhibition levels in existing studies. EPA has also concluded that 
given the structural similarities between the two chemicals, toxicity 
data using chlorpyrifos-ethyl could be used to address data gaps for 
chlorpyrifos-methyl.
    The Agency will extend the phase-out of chlorpyrifos-methyl 
containing end use products through December 2004. Accordingly, the 
last date for sales and distribution of chlorpyrifos-methyl containing 
end use products by registrants is December 31, 2004, and the last date 
for sales and distribution by distributors and dealers of chlorpyrifos-
methyl containing end use products is December 31, 2005.
    The amended registration cancellations are listed in Table 1 of 
this unit by registration number, product name/active ingredient, 
intended sales and distribution end date.

     Table 1.--Registrations With Requests for Amendments to Product Cancellation Dates in Certain Pesticide
                                                  Registrations
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                                                                                             Intended Product
         EPA Registration No.                Product Name          Active Ingredient        Cancellation Date
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7501-41                                Gustafson Reldan 4E      Chlorpyrifos-methyl      December 31, 2004
                                        (43.2%) Insecticide
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62719-42                               Reldan F Insecticidal    Chlorpyrifos-methyl      Not Applicable
                                        (97.0%)
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62719-43                               Reldan 4E (43.2%)        Chlorpyrifos-methyl      December 31, 2004
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[[Page 40909]]

    Users of these products who desire continued use should contact the 
applicable registrant before January 3, 2005, to discuss withdrawal of 
the application for amendment. This 180-day period will also permit 
interested members of the public to intercede with registrants prior to 
the Agency's approval of the deletion.
    Table 2 of this unit includes the names and addresses of record for 
all registrants of the products in Table 1 of this unit.

  Table 2.--Registrants Requesting Amendments to Delete Uses in Certain
                         Pesticide Registrations
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              EPA Company No.                 Company Name and Address
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7501                                        Gustafson, LLC
                                            1400 Preston Road, Suite
                                             400, Plano, TX 75093
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62719                                       Dow Agrosciences, LLC
                                            9330 Zionsville Road,
                                             Indianapolis, IN 46268
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IV. What is the Agency 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 amended to delete one or more uses. The Act 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. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for use deletion must 
submit the withdrawal in writing to Katie Hall using the instructions 
listed under FOR FURTHER INFORMATION CONTACT. The Agency will consider 
written withdrawal requests postmarked no later than January 3, 2005.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
which are currently labeled in the United States and which have been 
packaged, labeled, and released for shipment prior to the effective 
date of the cancellation action.
    The Agency intends to authorize the registrants to sell or 
distribute product under the previously approved labeling through 
December 31, 2004, after approval of the revision, unless other 
restrictions have been imposed, as in special review actions. Stocks in 
the hands of dealers and distributors other than the registrants could 
be sold or distributed until December 31, 2005. The Agency anticipates 
that use of the products proposed for cancellation will end December 
31, 2006. Any future tolerance modifications would be calculated from 
the December 31, 2006, date. EPA will issue a Federal Register notice 
with the cancellation order and final existing stock provisions.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 18, 2004.
 Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 04-15209 Filed 7-6-04; 8:45 am]
BILLING CODE 6560-50-S