[Federal Register: July 1, 2004 (Volume 69, Number 126)]
[Notices]
[Page 39927-39928]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy04-82]
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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: sibold.ann@epa.gov.
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