[Federal Register: May 30, 2003 (Volume 68, Number 104)]
[Notices]
[Page 32495-32497]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my03-66]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2003-0122; FRL-7304-6]
Fenthion; Notice of Receipt of Request 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 Bayer Environmental Science to
voluntarily cancel the registrations for all of their products
containing O,O-dimethyl O-(4-methylthio)-m-tolyl)phosphorothioate
(fenthion). EPA intends to grant this request by issuing a cancellation
order at the close of the comment period for this announcement unless
the Agency receives substantive comments within the comment period that
would merit its further review of this request. It is EPA's intent that
the effective date of the cancellation order, as requested by Bayer,
will be June 30, 2004. Upon the effective date of the cancellation
order, any distribution or sale of products listed in this notice will
be prohibited as of June 30, 2004, except for return of unused portions
to Bayer or for proper disposal. EPA expects use of products listed in
this notice will be permitted until November 30, 2004. Any such use
must be in accordance with the label. Bayer has submitted, and EPA
intends to approve, label amendments intended to further mitigate the
risks of fenthion. Because Bayer has requested cancellation of the
registrations of all of its fenthion products, Bayer is not required to
satisfy the data requirements in any of the Agency's Data Call-Ins,
including the Developmental Neurotoxicity Data Call-In.
DATES: Comments on the requested registration cancellations must be
submitted to the address provided below and identified by docket ID
number OPP-2003-0122. Comments must be received on or before July 29,
2003.
ADDRESSES: Comments may be submitted electronically, by mail, or by
hand delivery or courier. Please follow the detailed instructions for
each method as provided in Unit I.C. of the SUPPLEMENTARY INFORMATION.
To ensure proper receipt by EPA, it is imperative that you identify
docket ID number OPP-2003-0122 in the subject line on the first page of
your response.
FOR FURTHER INFORMATION CONTACT: Susan Jennings, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (706) 355-8574; e-mail
address: jennings.susan@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 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-2003-0122. 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. EPA also established two dockets containing documents in
support of the fenthion IRED. They are dockets OPP-34145 and OPP-
34145A. 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 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
[[Page 32496]]
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.
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 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 needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and 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://www.epa.gov/edocket
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPP-2003-0122. The 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-2003-0122. 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) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2003-0122.
3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket
ID Number OPP-2003-0122. 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 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. Make sure to submit your comments by the deadline in this
notice.
7. 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. What Action is the Agency Taking?
This notice announces receipt by the Agency of a request from Bayer
Environmental Science to cancel two pesticide products registered under
section 3 of FIFRA. These registrations are listed by registration
number in Table 1. Additionally, there are four section 24(c)
registrations, which the Agency intends to address in a separate
action.
A. Background Information
Fenthion is an organophosphorous insecticide used to control adult
mosquitos in Florida.
In a letter dated March 31, 2003, Bayer Environmental Science
requested a voluntary cancellation of all their registrations for
products containing fenthion, to be effective June 30, 2004. Bayer
stated that this decision was based on the fact that the market for
this product is very limited, in addition to the expected costs for
generating data to meet the requirements mandated by the FIFRA
reregistration process.
Bayer has requested that distribution and sale of fenthion be
prohibited after
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June 30, 2004. The Agency intends to announce this in a cancellation
order following the comment period, unless substantive comments warrant
the Agency's further review of this request. Use of fenthion will be
prohibited after November 30, 2004. All unopened material may be
returned to Bayer Environmental Science until December 31, 2004.
B. Requests for Voluntary Cancellation
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 60-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 registant has requested a waiver of the comment period. The Agency
will therefore apply a 60-day comment period.
Table 1.--Registrations with Pending Requests for Cancellation
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Registration No. Product Name Company
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432-1285 Baytex Liquid Bayer Environmental
Concentrate Science
Insecticide
432-1290 Baytex Technical Bayer Environmental
Insecticide Science
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Unless a request is withdrawn by the registrant within 60 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling all of these registrations.
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.--Registrants Requesting Voluntary Cancellation
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EPA Company No. Company Name and Address
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432 Bayer Environmental Science, 95
Chestnut Ridge Road, Montvale,
NJ 07645
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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 and must accept public comment for a specified time.
Thereafter, the Administrator may approve such a request.
IV. Procedures for Withdrawal of Request and Considerations for
Reregistration of Fenthion
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 July 29, 2003. 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.
Any person, including the registrant, who wishes to support the
continued registration of fenthion, must fulfill all outstanding data
gaps. In addition, EPA must find that fenthion is eligible for
reregistration. Finally, EPA may have to consult with the U.S. Fish and
Wildlife Service under the Endangered Species Act.
V. Provisions for Disposition of Existing Stocks
The Agency intends to issue a cancellation order following
consideration of all comments received during the comment period,
unless the comments warrant further review of this request. Any
cancellation order issued in response to this request will have an
expected effective date of June 30, 2004.
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 action. The Agency intends to grant the request of Bayer
that there be no distribution and sale of existing stocks as of the
effective date of the cancellation order, June 30, 2004, except for the
return to Bayer of unused product or for proper disposal until December
31, 2004. The Agency also intends to grant Bayer's request that the use
of fenthion be prohibited as of November 30, 2004. All use of fenthion
must be in accordance with the terms and conditions of the product's
labeling.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: April 29, 2003.
Lois Ann Rossi,
Director, Special Review and Reregistration Division
[FR Doc. 03-13561 Filed 5-29-03; 8:45 am]
BILLING CODE 6560-50-S