

[Federal Register: May 24, 2006 (Volume 71, Number 100)]
[Notices]               
[Page 29959-29961]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my06-91]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2002-0269; FRL-8061-8]

 
Ethoprop; Notice of Receipt of Request to Voluntarily Amend to 
Terminate Uses of Pesticide Registration

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 a request by the registrant to 
voluntarily amend its registration to terminate certain uses of a 
pesticide product containing the emulsifiable concentrate (EC) 
formulation of the pesticide ethoprop. The request would terminate the 
EC formulation of ethoprop use in or on banana, cucumber, pineapple, 
and tobacco crops. EPA intends to grant this request 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, or unless the registrant withdraws its 
request within this period. Upon acceptance of this request, 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 must be received on or before June 23, 2006.

ADDRESSES:  Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2002-0269, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.Follow
 the on-line instructions for submitting 

comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Building); 2777 S. Crystal Drive, Arlington, VA. Deliveries are only 
accepted during the Docket's normal hours of operation (8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information. The 
docket telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID numberEPA-HQ-OPP-
2002-0269. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the docket and made 
available on the Internet. If you submit an electronic comment, EPA 
recommends that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index. 
Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available in the electronic docket at http://www.regulations.gov, or, 

if only available in hard copy, at the OPP Regulatory Public Docket in 
Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, 
Arlington, VA. The hours of operation for this Docket Facility are from 
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. 
The docket telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Jacqueline Guerry, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-0024; fax 
number: (703) 308-8005; e-mail address: guerry.jacqueline@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. What Should I Consider as I Prepare My Comments for EPA?

     1.  Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of the 

information that you claim to be CBI. For CBI

[[Page 29960]]

information in a disk or CD ROM that you mail to EPA, 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 claimed as CBI. In 
addition to one complete version of the comment that includes 
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. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2.  Tips for preparing your comments. When submitting comments, 
remember to:
     i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
     iv. Describe any assumptions and provide any technical information 
and/or data that you used.
     v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
     vii. Explain your views as clearly as possible, avoiding the use 
of profanity or personal threats.
     viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background on the Receipt of Requests to Cancel and/or Amend 
Registrations to Delete Uses

    This notice announces receipt by EPA of a request from the 
registrant, Bayer CropScience, to amend to terminate uses of EPA 
Registration Number 264-458, Mocap 6EC, product registration. In a 
letter dated February 17, 2006, Bayer CropScience requested EPA to 
amend to terminate uses of pesticide product registrations identified 
in Table 1 of this notice for use on banana, cucumber, pineapple, and 
tobacco crops. Specifically, the registrant identified that these crops 
had little to no usage of Mocap 6EC, and/or Mocap 6EC could not be 
applied in a manner consistent with the occupational handler 
engineering controls required by the 2001 Ethoprop Interim 
Reregistration Decision (IRED). Mocap 6EC is the only EC formulation of 
ethoprop registered in the United States. However, these uses remain on 
the granular formulation of ethoprop registered in the United States.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from a registrant 
to amend to terminate uses of the EC formulation of ethoprop product 
registrations. The affected products and the registrant making the 
requests are identified in Tables 1 and 2 of this unit, respectively.
    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.
     The ethoprop registrant has requested that EPA waive the 180-day 
comment period. EPA will 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.

   Table 1.-- Ethoprop Product Registrations with Pending Requests for
                                Amendment
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        Registration No.              Product Name          Company
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264-458                           Mocap 6EC           Bayer Crop Science
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    Table 2 of this unit includes the name and address of record for 
the registrant of the product listed in Table 1 of this unit.

         Table 2.-- Registrant Requesting Voluntary Amendments.
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              EPA Company No.                 Company name and address
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264                                         Bayer CropScience
                                            2 T.W. Alexander Drive
                                            P.O. Box 12014
                                            Research Triangle Park, NC
                                             27709
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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 to Amend to Terminate Uses of 
the EC Formulation of Ethoprop Pesticide Products

    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 June 23, 2006. 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 has been subject to a previous cancellation action, the 
effective date of cancellation and all other provisions of any earlier 
cancellation action are controlling.

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 use termination 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

[[Page 29961]]

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 registrant of 
the cancelled product. 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 11, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E6-7932 Filed 5-23-06; 8:45 am]

BILLING CODE 6560-50-S
