32495
Federal
Register
/
Vol.
68,
No.
104
/
Friday,
May
30,
2003
/
Notices
Inc.,
111
Kelser
Mill
Road,
Salem,
VA
24153,
had
submitted
an
application
to
register
the
pesticide
product,
Novozymes
Biofungicide
Green
Releaf
TM
710­
140,
a
biological
fungicide
(
EPA
File
Symbol
70127
 
E),
containing
Bacillus
licheniformis
Strain
SB3086
at
0.14%.
This
product
was
not
previously
registered.
The
application
was
approved
on
February
4,
2003,
as
Novozymes
Biofungicide
Green­
ReleafTM
710­
140
(
EPA
Registration
Number
70127
 
2)
for
fungicidal
treatment
of
ornamental
turf,
lawns,
golf
courses,
ornamental
plants,
conifers
and
tree
seedlings
in
outdoor,
greenhouse,
and
nursery
sites.
The
active
ingredients
registered
for
this
product
are
Bacillus
licheniformis
Strain
SB3086
at
0.14%
and
Indole­
3­
butyric
Acid
at
0.00096%.
3.
EPA
issued
a
notice,
published
in
the
Federal
Register
of
December
31,
2001
(
66
FR
67520)
(
FRL
 
6813
 
7),
which
announced
that
Gustafson
LLC,
1400
Preston
Road,
Suite
400,
Plano,
TX
75093,
had
submitted
applications
to
register
the
following
two
pesticide
products
GB34
Concentrate
Biological
Fungicide,
fungicide
(
EPA
File
Symbol
7501
 
ROR)
and
GB34
Technical
Biological
Fungicide
(
EPA
File
Symbol
7501
 
ROE),
containing
Bacillus
pumilus
GB34
at
0.28%
and
13.8%,
respectively.
These
products
were
not
previously
registered.
The
applications
were
approved
on
March
13,
2003,
as
GB34
Concentrate
Biological
Fungicide
(
EPA
Registration
Number
7501
 
191);
for
use
as
a
treatment
for
soybeans
for
suppression
of
root
diseases
caused
by
Rhizoctonia
and
Fusarium
and
GB34
Technical
Biological
Fungicide
(
EPA
Registration
Number
7501
 
192)
for
reformulating
into
end­
use
fungicide
products.

List
of
Subjects
Environmental
protection,
Chemicals,
Pesticides
and
pests.

Dated:
May
15,
2003.

Phil
Hutton,

Acting
Director,
Biopesticides
and
Pollution
Prevention
Division,
Office
of
Pesticide
Programs.

[
FR
Doc.
03
 
13437
Filed
5
 
29
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
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.

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
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Federal
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/
Vol.
68,
No.
104
/
Friday,
May
30,
2003
/
Notices
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
email
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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/
Vol.
68,
No.
104
/
Friday,
May
30,
2003
/
Notices
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
Registration
No.
Product
Name
Company
432
 
1285
Baytex
Liquid
Concentrate
Insecticide
Bayer
Environmental
Science
432
 
1290
Baytex
Technical
Insecticide
Bayer
Environmental
Science
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
EPA
Company
No.
Company
Name
and
Address
432
Bayer
Environmental
Science,
95
Chestnut
Ridge
Road,
Montvale,
NJ
07645
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
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2003
 
0071;
FRL
 
7295
 
7]

Quinoxyfen;
Notice
of
Filing
a
Pesticide
Petition
to
Establish
a
Tolerance
for
a
Certain
Pesticide
Chemical
in
or
on
Food
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
This
notice
announces
the
initial
filing
of
a
pesticide
petition
proposing
the
establishment
of
regulations
for
residues
of
a
certain
pesticide
chemical
in
or
on
various
food
commodities.
DATES:
Comments,
identified
by
docket
ID
number
OPP
 
2003
 
0071,
must
be
received
on
or
before
June
30,
2003.
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:
Shaja
R.
Brothers,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:

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