[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Notices]
[Pages 40905-40906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15350]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0127; FRL-7363-2]


Desmedipham and Phenmedipham; Notice of Receipt of Requests to 
Voluntarily Cancel Certain Pesticide 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 a 
notice of receipt of request by the Bayer Cropscience, to voluntarily 
cancel certain pesticide registrations, containing Desmedipham and 
Phenmedipham

DATES: Unless a request is withdrawn by August 6, 2004, for EPA 
Registration Numbers: 264-628 and 264-629, orders will be issued 
canceling these registrations. The Agency will consider withdrawal 
requests postmarked no later than August 6, 2004.

FOR FURTHER INFORMATION CONTACT: Demson Fuller, Information Resources 
Services Division (7508C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-8062; 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-2004-0127. 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

[[Page 40906]]

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 
the registrant to cancel two pesticide products registered under 
section 3 or 24(c) of FIFRA. These registrations are listed in sequence 
by registration number (or company number and 24(c) number) in Table 1 
of this unit:

     Table 1.--Registrations with Pending Requests for Cancellation
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       Registration Number           Product Name        Chemical Name
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264-628, previously 45639-155     BETANEX 70 WP       Desmedipham
                                   Herbicide
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264-629, previously 45639-156     BETAMIX 70 WP       Desmedipham and
                                                       phenmedipham
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    Section 6(f)(1)(B) of FIFRA requires that before acting on a 
request for voluntary cancellation, EPA must provide a 30-day public 
comment period on the request for voluntary cancellation. In addition, 
section 6(f)(1)(C) of FIFRA requires that EPA provide a 180- day 
comment period on a request for voluntary termination of any minor 
agricultural use before granting the request, unless (1) the 
registrants request a waiver of the comment period, or (2) the 
Administrator determines that continued use of the pesticide would pose 
an unreasonable adverse effect on the environment. The registrants have 
requested that EPA waive the 180-day comment period. EPA is granting 
the registrants' request to waive the 180-day comment period. 
Therefore, EPA will provide a 30-day comment period on the proposed 
requests. EPA anticipates granting the cancellation request shortly 
after the end of the 30-day comment period for this notice.
    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 period.
    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.--Registrant Requesting Voluntary Cancellation
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            EPA Company Number                Company Name and Address
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264                                         Bayer CropScience
                                            2 T.W. Alexander Drive
                                            Research Triangle, NC 27709
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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, postmarked before August 6, 2004. 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 product(s) 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. For purposes of the 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 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. See the Federal Register of 
June 26, 1991 (56 FR 29362). The existing stocks provisions of the 
forthcoming cancellation order will be as follows:
    Distribution or sale. It is unlawful for any person to distribute 
or sell existing stocks of any product identified in Table 1.
    i. Registrants identified in Table 2 may sell and distribute 
existing stocks of their own products until 1-year from the effective 
date of the cancellation order.
    ii. Any person may ship such existing stocks for the purpose of 
export consistent with FIFRA section 17 or for proper disposal in 
accordance with applicable law.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 17, 2004.
 Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 04-15350 Filed 7-6-04; 8:45 am]
BILLING CODE 6560-50-S