[Federal Register: May 27, 2005 (Volume 70, Number 102)]
[Notices]
[Page 30719-30723]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my05-64]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2002-0262; FRL-7714-9]
Endosulfan; Notice of Receipt of Requests to Voluntarily Cancel
Uses of 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 requests by the endosulfan registrant(s)
to voluntarily amend their registrations to terminate use of certain
products on succulent beans, succulent beans, spinach, grapes,
[[Page 30720]]
and pecans. The requests would not terminate the last endosulfan
product(s) registered for use in the U.S. EPA intends to grant these
requests 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 the request(s), or unless
the registrants withdraw their requests within this period. Upon
acceptance of these requests, any sale, distribution, or use of
products listed in this notice will be permitted only if such sale,
distribution, or use is consistent with the terms as described in the
final order.
DATES: Comments, identified by docket ID number OPP-2002-0262, must be
received on or before June 27, 2005.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Meghan French, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8004; fax
number: (703) 308-8005; e-mail address: french.meghan@epa.gov.
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-2002-0262. 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. 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 in 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 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
[[Page 30721]]
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-2002-0262. 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-2002-0262. 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-2002-0262.
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, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
Number OPP-2002-0262. 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 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 your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful if you provided the name, date, and Federal
Register citation related to your comments.
II. Background on the Receipt of Requests to Cancel and/or Amend
Registrations to Delete Uses
This notice announces receipt by EPA of requests from registrants
Bayer Crop Science, Makhteshim North America, Fuller Systems, and
Drexel Chemicals to amend to terminate uses of 13 endosulfan product
registrations. Endosulfan is a broad spectrum contact insecticide used
on a variety of foods (vegetables, fruits and some grains) and non-food
use crops (cotton and nursery stock).
EPA received requests to amend registrations to terminate uses of
pesticide product registrations identified in this notice (Table 1)
from Bayer Crop Science, Makhteshim North America, Fuller Systems, and
Drexel Chemicals. Specifically, registrants requested the termination
of use on succulent beans and peas, grapes, pecans and spinach and will
remove these uses from all endosulfan products registered in the United
States, or the last pesticide products registered in the United States
for these uses.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of requests from Bayer Crop
Science, Makhteshim-Agan North America, Fuller System, Inc., and Drexel
Chemicals to terminate uses of endosulfan product registrations. The
affected products and the registrants making the requests are
identified in Table 1 of this unit.
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 or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or 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.
In this case, endosulfan registrants requested that EPA waive the
180-day comment period. EPA will therefore provide a 30-day comment
period on the proposed requests.
Unless a request is withdrawn by the registrant within 30-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 amending the affected registrations.
[[Page 30722]]
Table 1.--Endosulfan Product Registrations with Pending Requests for
Cancellation
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Registration No. Product name Company
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264-637 Thiodan Technical Bayer Crop Science
LP
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264-638 Phaser 3EC Bayer Crop Science
LP
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264-656 Phaser 50 WP/WSB Bayer Crop Science
LP
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264-658 Phaser 3EC Bayer Crop Science
LP
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264-659 Phaser 50 WP/WSB Bayer Crop Science
LP
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11678-5 Thionex Technical Makhteshim Chemical
Works
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11678-25 Thionex 35 EC Makhteshim Chemical
Works
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66222-62 Thionex 50W Makhteshim-Agan NA
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66222-63 Thionex 3EC Makhteshim-Agan NA
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66222-64 Thionex Technical Makhteshim-Agan NA
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1327-35 Fulex Thiodan Fuller System, Inc.
Smoke
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19713-99 Drexel Endosulfan Drexel Chemicals
2EC
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19713-319 Drexel Endosulfan Drexel Chemicals
Technical
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19713-399 Drexel Endosulfan Drexel Chemicals
3EC
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Table 2 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 of this unit.
Table 2.--Registrants Requesting Voluntary Cancellation of Uses
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EPA Company No. Company name and address
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264 Bayer CropScience LP
2 T.W. Alexander Drive
Research Triangle Park, North
Carolina 27709
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11678 Makhteshim Chemical Works
551 Fifth Avenue, Suite 1100
New York, New York 10176
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66222 Makhteshim-AGAN of North
America
551 Fifth Avenue, Suite 1100
New York, New York 10176
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19713 Drexel Chemical Company
1700 Channel Avenue, PO Box
13327
Memphis, Tennessee 38113-0327
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1327 Fuller System, Inc.
PO Box 3053
Woburn, Massachusetts 01888
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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 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.
V. Procedures for Withdrawal of Request and Considerations for
Reregistration of Endosulfan
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 30 days after date of
publication in the Federal Register. 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 products(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.
[[Page 30723]]
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.
If the request for voluntary cancellation of uses is granted as
discussed above, the Agency intends to issue a cancellation order that
will allow persons other than the registrant to continue to sell and/or
use existing stocks of cancelled products until such stocks are
exhausted, provided that such use is consistent with the terms of the
previously approved labeling on, or that accompanied, the cancelled
product. The order will specifically prohibit any use of existing
stocks that is not consistent with such previously approved labeling.
If, as the Agency currently intends, the final cancellation order
contains the existing stocks provision just described, the order will
be sent only to the affected registrants of the cancelled products. If
the Agency determines that the final cancellation order should contain
existing stocks provisions different than the ones just described, the
Agency will publish the cancellation order in the Federal Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: May 19, 2005.
Robert McNally,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 05-10679 Filed 5-26-05; 8:45 am]
BILLING CODE 6560-50-S