[Federal Register: June 27, 2003 (Volume 68, Number 124)]
[Notices]
[Page 38328-38331]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn03-68]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2003-0069; FRL-7310-6]
Propanil; Receipt of Requests to Amend or Voluntarily Cancel
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 written requests by Agriliance, LLC, Dow
AgroSciences, LLC, and RiceCo, LLC to voluntarily cancel/amend several
registrations to terminate small grain uses (spring (hard red) wheat,
oats, spring barley and durum wheat) of certain end-use and technical
products for the active ingredient propanil. The Agency requests public
comment on the voluntary cancellation and use deletion requests, and is
providing a 30-day comment period. Agriliance, LLC, Dow AgroSciences,
LLC and RiceCo, LLC have requested that the Administrator waive the
180-day comment period provided under FIFRA section 6(f)(1)(C). EPA
will decide whether to approve the request after consideration of
public comment.
DATES: Unless a request is withdrawn, the Agency will approve these
product and use cancellations/amendments and they will become effective
on July 28, 2003.
FOR FURTHER INFORMATION CONTACT: Carmen Rodia, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460-0001; telephone number: (703) 306-0327; fax
number: (703) 308-8041; e-mail address: rodia.carmen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general. This action may
however, be of interest to persons who are or may be required to
conduct testing of chemical substances under FIFRA or the Federal Food,
Drug, and Cosmetic Act (FFDCA); environmental, human health and
agricultural advocates; pesticide users; and members of the public
interested in the use of pesticides. Since other entities may also be
interested, the Agency has not attempted to describe all of 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 or if there are any technical questions related to the propanil
RED, please consult the Chemical Review manager 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-2003-0069. 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), Room 119, Crystal Mall 2,
1921 Jefferson Davis Highway, Arlington, VA 22202-4501. 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/. To access RED documents
electronically, go directly to the Office of Pesticide Program's Home
Page at http://cfpub.epa.gov/oppref/rereg/status.cfm?show=rereg.
An electronic version of the official public docket is available
through EPA's electronic public docket and comment system, EPA Dockets,
at http://cascade.epa.gov/RightSite/dk_public_home.htm. You may use
EPA Dockets 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.
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 on 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.
C. 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
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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 if additional information is needed regarding the substance of your
comment. EPA's policy is that EPA will not edit your comment. 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://cascade.epa.gov/RightSite/dk_public_home.htm
, and follow the online
instructions for submitting comments. Once in the system, select
``search,'' and then key in docket ID number OPP-2003-0069. This 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 opp-docket@epa.gov,
Attention: Docket ID Number OPP-2003-0069. 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), Information Resources and Services Division
(7502C), Office of Pesticide Programs (OPP), Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460-0001,
Attention: Docket ID Number OPP-2003-0069.
3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Information Resources
and Services Division (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Room 119, Crystal Mall 2,
1921 Jefferson Davis Highway, Arlington, VA 22202-4501, Attention:
Docket ID Number OPP-2003-0069. Such deliveries are only accepted
during the docket's normal hours of operation as identified in Unit
I.B.1.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the technical person listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the notice or collection
activity.
7. Make sure to submit your comments by the deadline in this
notice.
8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
II. Receipt of Requests to Cancel Registrations
A. What Action is the Agency Taking?
This Notice announces receipt by the Agency of requests from
Agriliance, LLC, Dow AgroSciences, LLC, and RiceCo, LLC to cancel/amend
10 pesticide products registered under section 3 of FIFRA, effective
July 28, 2003. These registrations are listed in Unit II.C.
B. Background
Propanil is a selective post-emergent general use acetanilide
herbicide registered to control broadleaf and grass weeds on rice,
small grains, and turf.
On March 27, 2002, Dow AgroSciences, LLC requested voluntary
cancellation pursuant to section 6(f) of FIFRA of their registrations
for the products STAMPEDE CM (EPA Registration No. 62719-404) and
STAMPEDE 80 EDF (Alternate Brand) (EPA Registration No. 62719-413). In
addition, Dow AgroSciences, LLC also requested voluntary cancellation
of propanil use on the small grains for STAM 80 EDF (EPA Registration
No. 62719-413).
On March 28, 2002, Dow AgroSciences, LLC requested voluntary
cancellation pursuant to section 6(f) of FIFRA of their registration
for the product STAMPEDE 3E (Alternate Brand) (EPA Registration No.
62719-386). In addition, Dow AgroSciences, LLC also requested voluntary
cancellation of propanil use on the
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small grains for STAM F-34 (EPA Registration No. 62719-386).
On March 29, 2002, Dow AgroSciences, LLC requested voluntary
cancellation pursuant to section 6(f) of FIFRA of propanil use on the
small grains for STAM TECHNICAL 98% DCA (EPA Registration No. 62719-
403).
On March 17, 2003, RiceCo, LLC requested voluntary cancellation
pursuant to section 6(f) of FIFRA of propanil use on the small grains
for PROPANIL 60 DF (EPA Registration No. 71085-22).
On April 29, 2003, Agriliance, LLC requested voluntary cancellation
pursuant to section 6(f) of FIFRA of propanil use on the small grains
or PROPANIL 80 EDF (EPA Registration No. 9779-338).
On May 6, 2003, RiceCo, LLC requested voluntary cancellation
pursuant to section 6(f) of FIFRA of propanil use on the small grains
for the products RICECO PROPANIL TECHNICAL (EPA Registration No. 71085-
1) and RICECO PROPANIL TECHNICAL (EPA Registration No. 71085-21).
C. Request for Voluntary Cancellation of Propanil Products
Pursuant to section 6(f)(1)(A) of FIFRA, Agriliance, LLC, Dow
AgroSciences, LLC, and RiceCo, LLC have submitted a request to cancel/
amend 10 pesticide product uses registered under section 3 of FIFRA
containing propanil as listed in the following Table 1:
Table 1.--Registrations with Pending Requests for Amendments or
Cancellation
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Intended Effective
EPA Registration Number Product Name Date for
Cancellation
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9779-338 PROPANIL 80 EDF July 28, 2003
(Amend label to
delete use on
spring (hard red)
wheat, spring
barley, and durum
wheat)
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62719-386 STAMPEDE 3E July 28, 2003
(Alternate Brand)
(Product
cancellation)
STAM F-34 (Amend
label to delete
use on spring
(hard red) wheat,
oats, spring
barley, and durum
wheat).
------------------------------------------------------
62719-403 STAM TECHNICAL 98% July 28, 2003
DCA (Amend label
to delete use on
spring (hard red)
wheat, oats,
spring barley
and, durum wheat)
------------------------------------------------------
62719-404 STAMPEDE CM July 28, 2003
(Product
cancellation)
------------------------------------------------------
62719-413 STAMPEDE 80 EDF July 28, 2003
(Alternate Brand)
(Product
cancellation)
STAM 80 EDF (Amend
label to delete
use on spring
(hard red) wheat,
oats, spring
barley, and durum
wheat).
------------------------------------------------------
71085-1 RICECO PROPANIL July 28, 2003
TECHNICAL (Amend
label to delete
use on spring
(hard red) wheat,
spring barley,
and durum wheat)
------------------------------------------------------
71085-21 RICECO PROPANIL July 28, 2003
TECHNICAL (Amend
label to delete
use on spring
(hard red) wheat,
spring barley,
and durum wheat)
------------------------------------------------------
71085-22 PROPANIL 60 DF July 28, 2003
(Amend label to
delete use on
spring (hard red)
wheat, spring
barley, and durum
wheat)
------------------------------------------------------------------------
III. What is the Agency's Authority for Taking this Action?
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that EPA cancel any of their pesticide registrations. Section
6(f)(1)(B) of FIFRA requires that the Agency provide a 30-day period in
which the public may comment before EPA may act 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(s) 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. In light of this request, the Agency is granting the
request to waive the 180-day comment period and is providing a 30-day
public comment period before taking action on the requested
cancellations. If the Agency does not receive any comments specific to
these cancellations, EPA intends to grant the requested cancellations
at the close of the 30-day public comment period for this Notice on
July 28, 2003.
A. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for voluntary
cancellation must submit such withdrawal in writing to the person
listed under FOR FURTHER INFORMATION CONTACT, postmarked before July
28, 2003. This written withdrawal of the request for voluntary
cancellation will apply only to the applicable FIFRA section 6(f)(1)
requests listed in Table 1 of 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
[[Page 38331]]
withdrawal request must also include a commitment to pay any
reregistration fees due and to fulfill any applicable unsatisfied data
requirements.
Table 2 of this unit includes the names and addresses of the
registrants of the products in Table 1 of this unit:
Table 2.--Registrants Requesting Voluntary Cancellation
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EPA Company Number Company Name and Address
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9779 Agriliance, LLC, 5600 Cenex
Drive, Inver Grove Heights, MN
55077-1723
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62719 Dow AgroSciences, LLC, 9330
Zionsville Road, Indianapolis,
IN 46268-1054
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71085 RiceCo, LLC, 5100 Poplar
Avenue, Suite 2428, Memphis,
TN 38137-2428
------------------------------------------------------------------------
B. Provisions for Disposition of Existing Stocks
The Agency intends to prohibit the sale and distribution of
existing stocks of the affected propanil products (EPA Registration
Nos. 9779-338, 62719-386, 62719-403, 62719-404, 62719-413, and 71085-
22) 12 months after publication of this Notice on June 28, 2004.
This 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).
Exceptions will be made if EPA determines that a product poses a
risk concern, or is in noncompliance with reregistration requirements,
or is subject to a Data Call-In. In all cases, product-specific
disposition dates will be given in the cancellation orders.
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 data of the
cancellation action. Unless the provisions of an earlier order apply,
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. Exception to these general rules will
be made in specific cases when more stringent restrictions on sale,
distribution, or use of the products or their ingredients have already
been imposed, as in a Special Review action, or where the Agency has
identified significant potential risk concerns associated with a
particular chemical.
List of Subjects
Environmental protection, Propanil, Pesticides and pests.
Dated: June 16, 2003.
Richard P. Keigwin, Jr.,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 03-16331 Filed 6-26-03; 8:45 am]
BILLING CODE 6560-50-S