[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Notices]
[Pages 21763-21765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8383]


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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0019; FRL-7709-4]


Ethoprop; Products Cancellation Order

AGENCY: Environmental Protection Agency (EPA)

ACTION: Notice.

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

SUMMARY: This notice announces EPA's order for the cancellations, 
voluntarily requested by the registrant and accepted by the Agency, of 
the following products containing the pesticide ethoprop, pursuant to 
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA), as amended. This cancellation order follows a February 5, 
2003 Federal Register Notice of Receipt of Requests to voluntarily 
cancel certain Pesticide Registrations. In the February 5, 2003 Federal 
Register Notice, EPA indicated that it would issue an order 
implementing the cancellations, unless the Agency received substantive 
comments within the 180-day comment period that would merit its further 
review of these requests, or unless the registrant withdrew their 
request within the period. The Agency did not receive any comments on 
the Notice. Further, the registrant did not withdraw their request. 
Accordingly, EPA hereby issues in this notice a cancellation order 
granting the requested cancellations. Any distribution, sale, or use of 
the ethoprop products subject to this cancellation order is permitted 
only in accordance with the terms of this order, including any existing 
stocks provisions.

DATES: The cancellations are effective April 27, 2005.

[[Page 21764]]


FOR FURTHER INFORMATION CONTACT: Jacqueline Guerry, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-0024; fax 
number: (703) 308-8005; 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, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may be interested, 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 identification (ID) number OPP-2003-0019. 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 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 the cancellations, as requested by the 
registrant, of certain ethoprop products registered under section 3 of 
FIFRA. These registrations are listed by registration number in Table 1 
of this unit.

                Table 1.--Ethoprop Product Cancellations
------------------------------------------------------------------------
           EPA Registration No.                     Product Name
------------------------------------------------------------------------
264-456                                     Ethoprop Technical
------------------------------------------------------------------------
264-465                                     MOCAP 10% Granular
                                             Nematicide-Insecticide
------------------------------------------------------------------------
264 FL-85-0001                              MOCAP 10% Granular
                                             Nematicide-Insecticide
------------------------------------------------------------------------
264 ME-93-0003                              MOCAP 10% Granular
                                             Nematicide-Insecticide
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of the 
registrant of the products in Table 1 of this unit.

           Table 2.--Registrant of Canceled Ethoprop Products
------------------------------------------------------------------------
              EPA Company No.                 Company Name and Address
------------------------------------------------------------------------
264                                         Bayer Crop Science (formerly
                                             Aventis Crop Science) USA,
                                             L.P.
                                            2 T.W. Alexander Drive
                                            P.O. Box 12014
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------

III. Summary of Public Comments Received

     During the public comment period provided, EPA received no 
comments in response to the February 5, 2003Federal Register Notice 
announcing the Agency's receipt of the requests for the respective 
voluntary cancellations of ethoprop.

IV. Cancellation Order

     Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellations of ethoprop registrations identified in Table 1 of Unit 
II. Accordingly, the Agency orders that the ethoprop product 
registrations identified in Table 1 of Unit II. are hereby canceled. 
Any distribution, sale, or use of existing stocks of the products 
identified in Table 1 of Unit II. in a manner inconsistent with any of 
the provisions for disposition of existing stocks set forth below in 
Unit VI. will be considered a violation of FIFRA.

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 registrations 
be canceled or amended to terminate one or more uses. 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, 
following the public comment period, the Administrator may approve such 
a request.

VI. Provisions for Disposition of Existing Stocks

     Existing stocks are those stocks of registered pesticide products 
which are currently in the United States and which were packaged, 
labeled, and released for shipment prior to the effective date of the 
cancellation action. The effective date of cancellation is April 27, 
2005. The Provisions for Disposition of Existing Stocks from the 
February 5, 2003 Federal Register Notice indicated that the registrant 
was permitted to sell or distribute existing stocks for 1 year after 
the date the cancellation request was received. The request to 
voluntarily cancel the ethoprop product registration identified in 
Table 1 of Unit II. was received by the Agency on October 8, 2002. 
Therefore, the registrant was allowed to sell and distribute existing 
stocks until October 8, 2003. Existing stocks already in the possession 
of dealers or users can be distributed, sold, or used legally until 
stocks are exhausted, provided that such further sale and use comply 
with the EPA-approved labels and labeling of the affected products.

List of Subjects

    Environmental protection, Pesticides and pests.



[[Page 21765]]


    Dated: April 19, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 05-8383 Filed 4-26-05; 8:45 am]
BILLING CODE 6560-50-S