41343
Federal
Register
/
Vol.
68,
No.
133
/
Friday,
July
11,
2003
/
Notices
prohibited
after
December
31,
2004,
except
for
purposes
of
product
recovery
pursuant
to
the
2000
MOA,
shipping
such
stocks
for
export
consistent
with
the
requirements
of
FIFRA
section
17,
or
proper
disposal
in
accordance
with
applicable
law.
3.
Use
of
existing
stocks.
Use
of
existing
stocks
may
continue
until
stocks
are
exhausted.
Any
such
use
must
be
in
accordance
with
the
label.

List
of
Subjects
Environmental
protection,
Pesticides
and
pests.

Dated:
June
25,
2003.
Richard
P.
Keigwin,
Jr.,
Director,
Special
Review
and
Reregistration
Division,
Office
of
Pesticide
Programs.
[
FR
Doc.
03
 
17512
Filed
7
 
10
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2003
 
0183;
FRL
 
7315
 
5]

Notice
of
Receipt
of
Requests
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
requests
by
Sumitomo
Chemical
Company,
Limited
and
Bayer
Environmental
Science
to
voluntarily
cancel
the
registrations
for
all
of
their
products
containing
4­
chloro­
alpha­(
1­
methylethyl)
benzeneacetic
acid,
cyano(
3­
phenoxyphenyl)
methyl
ester
(
fenvalerate).
At
the
close
of
the
comment
period,
EPA
intends
to
issue
an
order
granting
these
cancellation
requests,
unless
the
Agency
receives
substantive
comments
within
the
comment
period
that
would
merit
its
further
review
of
these
requests,
or
the
requests
have
been
withdrawn.
DATES:
Comments
must
be
received
by
August
11,
2003.
Unless
the
Agency
receives
any
substantive
comments
within
the
comment
period
that
would
merit
its
further
review
of
these
requests,
or
the
requests
have
been
withdrawn
by
August
11,
2003,
EPA
intends
to
issue
orders
canceling
these
registrations
at
the
close
of
the
comment
period.
ADDRESSES:
Comments
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
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
 
0183
in
the
subject
line
on
the
first
page
of
your
response.
FOR
FURTHER
INFORMATION
CONTACT:
Wilhelmena
Livingston,
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
 
8025,
e­
mail
address:
livingston.
wilhelmena@
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
 
0183.
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,
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/
.
You
may
use
EPA
docket
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.
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
through
the
mail,
in
person,
or
electronically.
To
ensure
proper
receipt
by
EPA,
it
is
imperative
that
you
identify
docket
ID
number
OPP
 
2003
 
0183
in
the
subject
line
on
the
first
page
of
your
response.
1.
By
mail.
Submit
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Information
Resources
and
Services
Division
(
7502C),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001.
2.
In
person
or
by
courier.
Deliver
your
comments
to
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Information
Resources
and
Services
Division
(
7502C),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
The
PIRIB
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
PIRIB
telephone
number
is
(
703)
305
 
5805.
3.
Electronically.
You
may
submit
your
comments
electronically
by
e­
mail
to:
opp­
docket@
epa.
gov,
or
you
can
submit
a
computer
disk
as
describe
above.
Do
not
submit
any
information
electronically
that
you
consider
to
be
CBI.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.
Electronic
submissions
will
be
accepted
in
WordPerfect
6.1/
8.0
or
ASCII
file
format.
All
comments
in
electronic
form
must
be
identified
by
docket
ID
number
OPP
 
2003
 
0183.
Electronic
comments
also
may
be
filed
online
at
many
Federal
Depository
Libraries.

D.
How
Should
I
Handle
CBI
that
I
Want
to
Submit
to
the
Agency?
Do
not
submit
any
information
electronically
that
you
consider
to
be
CBI.
You
may
claim
information
that
you
submit
to
EPA
in
response
to
this
document
as
CBI
by
marking
any
part
or
all
of
that
information
as
CBI.
Information
so
marked
will
not
be
disclosed
except
in
accordance
with
procedures
set
forth
in
40
CFR
part
2.

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41344
Federal
Register
/
Vol.
68,
No.
133
/
Friday,
July
11,
2003
/
Notices
In
addition
to
one
complete
version
of
the
comment
that
includes
any
information
claimed
as
CBI,
a
copy
that
does
not
contain
the
information
claimed
as
CBI
must
be
submitted
for
inclusion
in
the
public
version
of
the
official
record.
Information
not
marked
confidential
will
be
included
in
the
public
version
of
the
official
record
without
prior
notice.
If
you
have
any
questions
about
CBI
or
the
procedures
for
claiming
CBI,
please
consult
the
person
listed
under
for
FOR
FURTHER
INFORMATION
CONTACT.

II.
What
Action
is
the
Agency
Taking?
This
notice
announces
receipt
by
the
Agency
of
requests
from
Sumitomo
Chemical
Company,
Limited
and
Bayer
Environmental
Science
to
cancel
the
registrations
of
three
pesticide
products
registered
under
section
3
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA).
These
three
registrations
constitute
all
registrations
held
by
Sumitomo
Chemical
Company,
Limited
and
Bayer
Environmental
Science
of
products
containing
4­
chloro­
alpha­(
1­
methylethyl)
benzeneacetic
acid,
cyano(
3­
phenoxyphenyl)
methyl
ester
(
fenvalerate).
These
requests
are
submitted
pursuant
to
section
6(
f)
of
FIFRA.
Fenvalerate
is
a
synthetic
pyrethroid
insecticide
which
is
used
to
control
insects
and
related
organisms,
molluscs,
fouling
organisms
and
miscellaneous
invertebrates
on
agricultural,
pet
care,
domestic
home
and
garden
(
domestic),
and
commercial/
industrial/
food
and
non­
food/
mosquito
abatement
(
commercial)
sites.
On
April
10,
2003,
Sumitomo
Chemical
Company,
Limited
and
on
April
22,
2003,
Bayer
Environmental
Science
requested
that
EPA
waive
the
180
 
day
period
that
typically
has
been
allowed
before
requests
for
voluntary
cancellation
are
approved
or
denied.
These
registrations
are
listed
in
sequence
by
registration
number
in
Table
1
of
this
unit:

TABLE
1.
 
REGISTRATIONS
WITH
PENDING
REQUESTS
FOR
CANCELLATION
Registration
No.
Product
Name
Chemical
Name
432
 
766
Technical
Fenvalerate
Insecticide
Fenvalerate
432
 
767
Gold
Crest
TributeTermiticide/
Insecticide
Fenvalerate
10308
 
13
Technical
Sumicidin
Insecticide
Fenvalerate
At
the
close
of
the
comment
period,
EPA
intends
to
issue
an
order
granting
these
cancellation
requests,
unless
the
Agency
receives
any
substantive
comments
within
the
comment
period
that
would
merit
its
further
review
of
these
requests,
or
the
requests
have
been
withdrawn.
Users
of
these
pesticides
or
anyone
else
desiring
the
retention
of
a
registration
should
send
in
their
comments
to
EPA.
In
addition,
they
may
wish
to
contact
the
applicable
registrant
directly.
Table
2
of
this
unit
includes
the
names
and
addresses
of
record
for
all
registrants
of
the
products
in
Table
1
of
this
unit,
in
sequence
by
EPA
company
number:

TABLE
2.
 
REGISTRANTS
REQUESTING
VOLUNTARY
CANCELLATION
EPA
Company
No.
Company
Name
and
Address
432
Bayer
Environmental
Science,
95
Chestnut
Ridge
Road,
Montvale,
NJ
07645
10308
Sumitomo
Chemical
Company,
Limited,
5­
33
Kitahama
4­
Chome,
Chuo­
ku
Osaka,
541,
Japan
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
provide
a
30
 
day
period
in
which
the
public
may
comment
before
the
Agency
may
act
on
the
request
for
voluntary
cancellation.
In
the
case
of
minor
agricultural
uses,
section
6(
f)(
1)(
c)
of
FIFRA
provides
for
a
180
 
day
comment
period
under
certain
circumstances.
In
this
case,
Bayer
Environmental
Science,
and
Sumitomo
Chemical
Company,
Limited
have
requested
that
EPA
waive
the
180
 
day
comment
period.
Accordingly,
pursuant
to
section
6(
f)(
1)(
c)(
ii)
of
FIFRA.
EPA
is
waiving
the
180
 
day
comment
period
and
will
provide
interested
parties
30
days
to
comment
on
the
action.

IV.
Procedures
for
Withdrawal
of
Request
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
August
11,
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.
The
withdrawal
request
must
also
include
a
commitment
to
pay
any
reregistration
fees
due,
and
to
fulfill
any
applicable
unsatisfied
data
requirements.
Any
person,
including
the
registrant,
who
wishes
to
support
the
continued
registration
of
fenvalerate,
must
fulfil
all
outstanding
data
gaps.
In
addition,
EPA
must
find
that
fenvalerate
is
eligible
for
reregistration.

V.
Provisions
for
Disposition
of
Existing
Stocks
The
effective
date
of
cancellation
will
be
the
date
of
the
cancellation
order.
The
orders
effecting
these
requested
cancellations
will
generally
permit
a
registrant
to
sell
or
distribute
existing
stocks
for
1
year
after
the
date
the
cancellation
is
requested.
This
policy
is
in
accordance
with
the
Agency's
statement
of
policy
as
prescribed
in
the
Federal
Register
of
June
26,
1991
(
56
FR
29362)
(
FRL
 
3846
 
4).
Exceptions
to
this
general
rule
will
be
made
if
a
product
poses
a
risk
concern,
or
is
in
noncompliance
with
reregistration
requirements,
or
is
subject
to
a
Data
Call­
In.
In
all
cases,
product­
specific
disposition
dates
will
be
given
in
the
cancellation
orders.
In
this
case,
the
Agency
does
not
see
a
need
to
deviate
from
the
Existing
Stocks
Policy.
Unless
the
Agency
receives
substantive
comments
during
the
comment
period
that
would
merit
its
further
review
of
this
matter,
the
Agency
intends
to
permit
the
registrants
to
sell
and
distribute
the
existing
stocks
for
1
year
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Vol.
68,
No.
133
/
Friday,
July
11,
2003
/
Notices
after
the
effective
date
of
the
cancellation.
Although
in
its
original
voluntary
cancellation
letter,
Bayer
requested
18
months
to
address
any
remaining
stocks,
in
subsequent
communication
with
the
Agency,
Bayer
accepted
a
12
 
month
period
for
sale
and
distribution
of
the
existing
stocks.
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.
Unless
the
provisions
of
an
earlier
order
apply,
existing
stocks
already
in
the
hands
of
dealers
or
users
can
be
distributed,
sold,
or
used
legally
until
they
are
exhausted,
provided
that
such
further
sale
and
use
comply
with
the
EPA­
approved
label
and
labeling
of
the
affected
product.
Exception
to
these
general
rules
will
be
made
in
specific
cases
when
more
stringent
restrictions
on
sale,
distribution,
or
use
of
the
products
or
their
ingredients
have
already
been
imposed,
as
in
a
Special
Review
action,
or
where
the
Agency
has
identified
significant
potential
risk
concerns
associated
with
a
particular
chemical.
In
this
case,
the
Agency
does
not
see
a
need
to
deviate
from
these
general
rules.
Unless
the
Agency
receives
substantive
comments
during
the
comment
period
that
would
merit
further
review
of
this
matter,
the
Agency
intends
to
permit
existing
stocks
already
in
the
hands
of
dealers
or
users
to
be
distributed,
sold,
or
used
until
they
are
exhausted,
provided
that
such
further
sale
and
use
comply
with
the
EPAapproved
label
and
labeling
of
the
affected
product.

List
of
Subjects
Environmental
protection,
Pesticides
and
pests.

Dated:
June
30,
2003.
Richard
P.
Keigwin,
Jr.,
Acting
Director,
Special
Review
and
Reregistration
Division,
Office
of
Pesticide
Programs.

[
FR
Doc.
03
 
17509
Filed
7
 
10
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2003
 
0145;
FRL
 
7314
 
8]

Fenpyroximate;
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
 
0145,
must
be
received
on
or
before
August
11,
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:
(
703)
308
 
3194;
e­
mail
address:
brothers.
shaja@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?

You
may
be
potentially
affected
by
this
action
if
you
are
an
agricultural
producer,
food
manufacturer,
or
pesticide
manufacturer.
Potentially
affected
entities
may
include,
but
are
not
limited
to:
 
Crop
production
(
NAICS
111)
 
Animal
production
(
NAICS
112)
 
Food
manufacturing
(
NAICS
311)
 
Pesticide
manufacturing
(
NAICS
32532)
This
listing
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
for
readers
regarding
entities
likely
to
be
affected
by
this
action.
Other
types
of
entities
not
listed
in
this
unit
could
also
be
affected.
The
North
American
Industrial
Classification
System
(
NAICS)
codes
have
been
provided
to
assist
you
and
others
in
determining
whether
this
action
might
apply
to
certain
entities.
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
 
2003
 
0145.
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,
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
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.
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.
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
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