[Federal Register Volume 69, Number 164 (Wednesday, August 25, 2004)]
[Notices]
[Pages 52261-52262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19031]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0162; FRL-7370-9]


Napropamide; Notice of Receipt of Requests to Voluntarily Cancel 
a Certain Pesticide Registration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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 United Phosphorous, Inc., to 
voluntarily cancel one pesticide registration.

DATES: Unless a request is withdrawn by September 24, 2004 for EPA 
Registration Number: 70506-30, orders will be issued canceling this 
registration. The Agency will consider withdrawal requests postmarked 
no later than September 24, 2004.

FOR FURTHER INFORMATION CONTACT:  Demson Fuller, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8062; 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-2004-0162. 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. 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 70506-30, a pesticide product registered under 
section 3 of FIFRA. This registration is listed by registration number 
in Table 1 of this unit:

     Table 1.--Registrations with Pending Requests for Cancellation
------------------------------------------------------------------------
        Registration No.             Product Name        Chemical Name
------------------------------------------------------------------------
70506-30                          DEVRINOL 10-G       Napropamide
                                   Ornamental
------------------------------------------------------------------------

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be canceled or amended to 
terminate one or more pesticide uses. 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. The registration for which a cancellation was requested is 
identified (above) in Table 1.
    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, orders will be issued canceling all of this 
registration. 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 product in Table 1 of this unit, by EPA company 
number:

[[Page 52262]]



         Table 2.--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
             EPA Company No.                  Company Name and Address
------------------------------------------------------------------------
70506                                      United Phosphorus, Inc. 423
                                            Riverview Plaza Trenton, NJ
                                            08611
------------------------------------------------------------------------

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 September 24, 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. The existing stocks 
provisions of the forthcoming cancellation order will be as follows:
    i. Distribution or sale. It is unlawful for any person to 
distribute or sell existing stocks of any product identified in Table 
1.
    ii. The registrant 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.
    iii. 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: August 4, 2004.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 04-19031 Filed 8-24-04; 8:45 am]
BILLING CODE 6560-50-S