[Federal Register: May 26, 1999 (Volume 64, Number 101)] [Notices] [Page 28471-28472] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26my99-76] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [OPP-64041; FRL-6082-9] Notice of Cancellation of All Registrations of the Organophosphate Isofenphos AGENCY: Environmental Protection Agency (EPA). ACTION: Final Notice. ----------------------------------------------------------------------- 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 its response to requests for voluntary cancellation of registrations for all products containing isofenphos by Bayer Corporation, the sole U.S. registrant of the insecticide. DATES: These terminations and cancellations become effective according to the timetable specified under ``Background'' subject to the existing stocks provision specified herein. FOR FURTHER INFORMATION CONTACT: By mail: Philip Poli, Special Review and Reregistration Division (7508C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location, telephone number and e-mail: Reregistration Branch 3, Crystal Mall #2, 6th floor, 1921 Jefferson Davis Highway, Arlington, VA; (703) 308-8038; e-mail: poli.philip@epamail.epa.gov. SUPPLEMENTARY INFORMATION: I. Introduction 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. 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 EPA Administrator may approve or deny the request consistent with the provisions established pursuant to section 6(f)(1). Accordingly, the Agency is proceeding with the cancellation of all isofenphos products as specified in the January 15, 1999 Federal Register. That notice announced receipt of these requests for termination/cancellation and provided for disposition of existing stocks. II. Background Isofenphos is the common name for an insecticide of the organophosphate class; its trade name is Oftanol. The chemical name for isofenphos is 1-methylethyl 2-[[ethoxy[(1-methylethyl)amino] phosphinothioyl]oxy]benzoate. Bayer Corporation is the sole technical manufacturer of isofenphos and manufactures the technical material overseas. Isofenphos was registered in the United States for use on turf and ornamentals for control of white grubs and molecrickets, although only the turf use products were being sold at the time of the request for voluntary cancellation. In the Federal Register of January 15, 1999 (64 FR 2642) (FRL 6056- 5), EPA issued a notice announcing receipt of the isofenphos registrants' request to terminate uses and cancel registrations under section 3 of FIFRA, and provided notice of EPA's intent to accept those requests. According to the timetable specified in the January 15, 1999 Federal Register notice, cancellation of Bayer Corporation's isofenphos registrations will be accomplished in three steps. First, the following product registrations are canceled effective May 26, 1999. \ Oftanol 5% Granular Turf and Ornamental Insecticide, EPA Reg. No. 3125-435 \ Oftanol 5% Granular Insecticide, EPA Reg. No. 3125-330 \ Oftanol 1.5% Granular Insecticide, EPA Reg. No. 3125-331 \ Lawn Food and Insecticide, EPA Reg. No. 3125-350 EPA will continue to permit the sale, distribution and use of existing stocks of these product registrations already in the hands of dealers or users. Second, Bayer's product Oftanol 2 Insecticide (EPA Reg. No. 3125- 342) will be canceled on September 30, 1999. The Agency has authorized a 1-year existing stocks provision, whereby Bayer Corporation may sell and/or distribute all remaining inventory of this product, under the previously approved labeling, until September 30, 2000. Third, the cancellation of Oftanol technical will become effective on December 31, 1999. Bayer Corporation will discontinue any further sales and/or distribution of Oftanol technical as of this date. Further, because sales of isofenphos have been steadily declining since 1994, Bayer has agreed to limit the sale of Oftanol technical in 1999 to the level of 1998 sales. Finally, Bayer also stated in its December 11, 1998 letter to the Agency requesting voluntary cancellation, that they will notify formulator customers of the schedule for discontinuance of their isofenphos product registration ``to give them adequate transition time to develop or identify alternative products.'' [[Page 28472]] III. Cancellation Order and Existing Stocks Provision The Agency hereby grants all of the requested cancellations, consistent with the schedule Bayer Corporation requested in its December 11, 1999 voluntary cancellation letter to the Agency. Bayer Corporation requested in its December 11, 1999 letter a l-year existing stocks provision for its end-use product Oftanol 2 Insecticide (EPA Reg. No. 3125-342). The Agency has determined that the effective date of cancellation for this product will be September 30, 1999. The Bayer Corporation, and any supplemental distributors, may sell or distribute existing stocks of this product, bearing the previously-approved labeling, until September 30, 2000. In addition, EPA will continue to permit, after September 30, 2000 (EPA Reg. No. 3125-342) and December 31, 1999 (EPA Reg. No. 3125-326), the sale, distribution, and use of existing stocks of product containing isofenphos already in the channels of distribution by persons other than the registrant and/or supplemental registrants, (i.e., stocks already in the hands of dealers and users). Cancellation of the following isofenphos product registrations will become effective on May 26, 1999. EPA will continue to permit the sale, distribution and use of existing stocks of the following product registrations already in the hands of any person other than the registrant and/or supplemental distributors: \ Oftanol 5% Granular Turf and Ornamental Insecticide, EPA Reg. No. 3125-435 \ Oftanol 5% Granular Insecticide, EPA Reg. No. 3125-330 \ Oftanol 1.5% Granular Insecticide, EPA Reg. No. 3125-331 \ Lawn Food and Insecticide, EPA Reg. No. 3125-350 All sale or distribution of existing stocks permitted by this cancellation order is permitted only to the extent that the product being sold or distributed bears the previously-approved label that was required to be on the product on the date of cancellation. All use of existing stocks of any product canceled pursuant to this cancellation order must be consistent with the previously-approved labeling on or accompanying the product. In addition, dealers and users should be aware that the Agency reserves the right to amend the existing stocks portion of this order if conditions warrant that existing stocks are not exhausted in a reasonable time. Lists of Subjects: Environmental protection, Agricultural commodities, Pesticides and pests, Product registrations Dated: May 18, 1999. Lois A. Rossi, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. 99-13376 Filed 5-25-99; 8:45 am] BILLING CODE 6560-50-F