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Oxythioquinox; Voluntary Termination of Uses
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: March 17, 1999 (Volume 64, Number 51)]
[Notices]
[Page 13191]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr99-56]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-66265; FRL-6067-8]
Oxythioquinox; Voluntary Termination of Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of receipt of request to terminate uses.
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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 requests by Bayer Corporation to voluntarily
cancel products containing oxythioquinox (Morestan), 6-methyl-1,3-
dithiolo [4,5-b] quinoxalin-2-one or chinomethionate, to terminate
uses.
DATES: Unless the request is withdrawn by September 13, 1999, orders
will be issued canceling these registrations.
FOR FURTHER INFORMATION CONTACT: By mail: Jamil Mixon, Reregistration
Branch I, (7508C), Special Review and Reregistration Division, Office
of Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20046. Office location for commercial courier,
Reregistration Branch I, 3rd floor, 2800 Crystal Drive, Arlington, VA;
telephone number: (703) 308-8032.
SUPPLEMENTARY INFORMATION:
I. Background Information
Oxythioquinox (trade name Morestan) is an insecticide/miticide/
fungicide first registered in 1968, to control mites, mite eggs on
ornamental plants in green houses, nurseries and landscapes. On October
17, 1996, Bayer requested voluntary cancellation of all food uses but
citrus. Bayer also requested cancellation of all but two of the 24(c)
registrations (California and Louisiana). Subsequently, on June 4,
1997, the Agency received a request from Bayer to cancel registration
of the remaining food-use products: Morestan 25WP (3125-117) and
Morestan Solupak 25 WP 9 (3125-302). These cancellations were announced
in the Federal Register of August 27, 1997 (62 FR 45416) (FRL-5737-4),
and became final March 9, 1998. Initiation of the exiting stocks period
began when the Agency received the request for cancellations and ran
for 18 months. On February 1, 1999, Bayer requested cancellation of its
remaining oxythioquinox registrations. After cancellation orders for
these products are issued, there will be no remaining registered
products containing oxythioquinox.
II. Terminations Pursuant to Voluntary Requests
Under section 6(f)(1) of FIFRA, registrants may request at any time
that ``a pesticide registration of the registrant be canceled or
amended to terminate one or more pesticide uses.'' (7 U.S.C.
136d(f)(1)). Consistent with 6(f)(1) of FIFRA, EPA is issuing a notice
of receipt of the request.
III. Termination Intent to Cancel
This notice announces receipt of request for voluntary cancellation
of EPA registrations listed in Table 1 below. Unless this request is
withdrawn, oxythioquinox (Morestan) will no longer appear in any
registered products.
Table 1.--6(F) Notice for Voluntary Cancellation
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Product Name EPA Registration Number
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Morestan 4 Ornamental Miticide 3125-381
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Morestan 4 Nursery Miticide 3125-437
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Morestan 4 Technical 3125-205
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IV. Procedures for Withdrawal of Request
For Bayer to withdraw a request for use termination the company
must submit such withdrawal in writing to Jamil Mixon, at the address
given above, postmarked before September 13, 1999. This written
withdrawal of the request for use termination will apply only to the
applicable 6(f)(1) request listed in this notice. The notice must
include a commitment to pay any maintenance fees and to fulfill any
unsatisfied data requirements.
V. Existing Stocks Provision
EPA proposes to accept the registrants' request for amendment to
terminate all products listed in Table 1 in Unit III. of this notice.
It is EPA's general practice to accept registrant's requests for
cancellation of registrations or specific registered uses.
Notice of the request for cancellation is published primarily for
the purpose of alerting affected parties so that they may either
attempt to convince the registrant to maintain the registration or
apply to register the product themselves. EPA proposes to approve these
cancellations expeditiously after the close of the comment period
unless the registrant withdraws its request or a compelling reason
opposing termination is presented in public comments. If the requests
are granted, any use of the above mentioned chemicals would be
permitted only if the products are used in accordance with the terms
and conditions specified on the label.
EPA also proposes to accept the registrants' requests for existing
stocks provisions. Under FIFRA section 6(a)(1), EPA may permit the
continued sale and use of a canceled pesticide if such sale or use ``is
not inconsistent with the purposes of this Act.'' For each of the
chemicals listed in this notice: Morestan 4 Ornamental Miticide,
Morestan 4 Nursery Miticide, and Morestan Technical, the Agency has
concluded that the limited short-term continued use of these
pesticides, when used in accordance with the label, will not result in
unreasonable risk or adverse effects to human health or the
environment.
If EPA grants any or all of the requested cancellations, it is
likely that the Agency will establish an existing stocks provision
consistent with the following schedule. The distributors of products
containing the active ingredients, as listed in Table 1 in Unit III. of
this notice, have requested an 18-month existing stocks provision from
the effective date of cancellation as a condition of its termination,
so that existing supplies of oxythioquinox (Morestan) can be exhausted.
EPA agrees to registrant's request and will permit sale and
distribution of these products for 18 months after the effective date
of cancellation. The end-users will then be allowed an additional year
(for a total of 2 years beyond the registrant requested date) for the
use of existing stocks for each of these chemicals.
Dated: March 3, 1999.
Jack E. Housenger,
Acting Director, Special Review and Reregistration, Office of Pesticide
Programs.
[FR Doc. 99-6182 Filed 3-16-99; 8:45 am]
BILLING CODE 6560-50-F