

[Federal Register: December 5, 2007 (Volume 72, Number 233)]
[Notices]               
[Page 68580-68581]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de07-46]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0043; FRL-8155-5]

 
Chlorpyrifos-methyl; Product Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations, 
voluntarily requested by the registrants and accepted by the Agency, of 
products containing the pesticide chlorpyrifos-methyl, pursuant to 
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA), as amended. This cancellation order follows the July 7, 
2004 Federal Register Notice of Receipt of Requests from the 
chlorpyrifos-methyl registrants to voluntarily cancel their Gustafson 
Reldan 4E Insecticide and Reldan 4E product registrations. These are 
not the last chlorpyrifos-methyl products registered for use in the 
United States. In the July 7, 2004 notice, EPA indicated that it would 
issue an order implementing the cancellations, unless the Agency 
received substantive comments within the 30 day comment period that 
would merit its further review of these requests, or unless the 
registrants withdrew their requests within this period. The Agency 
received comments on the notice that merited its further review of the 
requests. The Agency granted an extension of the existing registration 
of Gustafson Reldan 4E Insecticide and Reldan 4E until the availability 
of an equally effective stored grain product was registered. Storicide 
II, for broad-spectrum control of stored grain insects, was 
conditionally registered on October 27, 2004. EPA hereby issues in this 
notice a cancellation order granting the requested cancellations. Any 
distribution, sale, or use of the chlorpyrifos-methyl products subject 
to this cancellation order is permitted only in accordance with the 
terms of this order, including any existing stocks provisions.

DATES: The cancellations are effective December 5, 2007.

FOR FURTHER INFORMATION CONTACT: Dana L. Friedman, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 347-8827; fax 

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 a docket for this action under 
docket identification (ID) number EPA-HQ-OPP-2004-0043. Publicly 
available docket materials are available either in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 

copy, at the Office of Pesticide Programs (OPP) Regulatory Public 
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S.

[[Page 68581]]

Crystal Dr., Arlington, VA. The hours of operation of this Docket 
Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding 
legal holidays. The Docket Facility 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.


II. What Action is the Agency Taking?

    This notice announces the cancellation, as requested by 
registrants, of certain chlorpyrifos-methyl products registered under 
section 3 of FIFRA. These registrations are listed in sequence by 
registration number in Table 1 of this unit.

           Table 1.--Chlorpyrifos-methyl Product Cancellations
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          EPA Registration Number                   Product Name
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264-934                                     Gustafson Reldan 4E
                                             Insecticide
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62719-43                                    Reldan 4E
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    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. Please note, Gustafson Reldan 4E Insecticide (7501-
41) was transferred to Bayer Cropscience LLP (264-934) in May 2005.

  Table 2.--Registrants of Cancelled and/or Amended Chlorpyrifos-methyl
                                Products
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            EPA Company Number                Company Name and Address
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264                                         Bayer Cropscience LP
                                            2 T.W. Alexander Drive
                                            Research Triangle Park, NC
                                             27709
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62719                                       Dow Agrosciences LLC
                                            9330 Zionsville Rd, 308/2E
                                            Indianapolis, Indiana 46268
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    The Agency received comments on the notice that merited its further 
review of the requests. The Agency granted an extension of the existing 
registration of Gustafson Reldan 4E Insecticide and Reldan 4E until an 
equally effective stored grain product was registered. Storicide II, 
for broad-spectrum control of stored grain insects, was conditionally 
registered on October 27, 2004.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellations of chlorpyrifos-methyl registrations identified in Table 
1 of Unit II. Accordingly, the Agency orders that the chlorpyrifos-
methyl product registrations identified in Table 1 of Unit II. are 
hereby canceled. Any distribution, sale, or use of existing stocks of 
the products identified in Table 1 of Unit II. in a manner inconsistent 
with any of the Provisions for Disposition of Existing Stocks set forth 
in Unit VI will be considered a violation of FIFRA.

V. 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.

VI. Provisions for Disposition of Existing Stocks

    For the purposes of this Order, the term ``existing stocks'' is 
defined as 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. The cancellation order issued in this notice includes the 
following existing stocks provisions.

A. Distribution or Sale

    The distribution or sale of existing stocks will not be lawful 
under FIFRA with the date of this cancellation order except for the 
purposes of returns and relabeling, shipping such stocks for export 
consistent with the requirements of section 17 of FIFRA, or for proper 
disposal.

B. Use of Existing Stocks

    Use of existing stocks will not be lawful after December 7, 2009 in 
the Federal Register provided such use is in accordance with the 
provisions of the existing labeling of the product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 20, 2007.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. E7-23300 Filed 12-4-07; 8:45 am]

BILLING CODE 6560-50-S
