Benomyl; Receipt of Request for Registration Cancellations

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: May 23, 2001 (Volume 66, Number 100)]
[Notices]
[Page 28466-28468]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my01-70]

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ENVIRONMENTAL PROTECTION AGENCY
[OPP-66287; FRL-6784-3]

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 request by E.I. duPont de Nemours and Company
(DuPont) to cancel the registrations for all of their products
containing methyl 1-(butylcarbamoyl)-2-benzimidazole carbamate
(benomyl). EPA will decide whether to approve the request after
consideration of public comment.

DATES: Comments on the requested cancellation of product and use
registrations must be submitted to the address provided below by June
22, 2001.

FOR FURTHER INFORMATION CONTACT: Demson Fuller, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (703) 308-8062; fax number:
(703) 308-7042; e-mail address: fuller.demson@epamail.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 Additional Information, Including Copies of this
Document and Other Related Documents?

1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations'' and then look up the entry for this document under
theFederal Register--Environmental Documents.'' You can also go
directly to the Federal Register listings at http://www.epa.gov/
fedrgstr/.
2. In person. The Agency has established an official record for
this action under docket control number OPP-66287. The official record
consists of the documents specifically referenced in this action, any
public comments received during an applicable comment period, and other
information related to this action, including any information claimed
as Confidential Business Information (CBI). This official record
includes the documents that are physically located in the docket, as
well as the documents that are referenced in those documents. The
public version of the official record does not include any information
claimed as CBI. The public version of the official record, which
includes printed, paper versions of any electronic comments submitted
during an applicable comment period, is available for inspection in the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
PIRIB telephone number is (703) 305-5805.

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 control number OPP-66287 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.
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
described 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 control number OPP-66287. Electronic comments may
also 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

[[Page 28467]]

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. 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 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
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. Offer alternative ways to improve the notice or collection
activity.
7. Make sure to submit your comments by the deadline in this
notice.
8. To ensure proper receipt by EPA, be sure to identify the docket
control 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 request from E.I.
duPont de Nemours and Company to cancel eight pesticide products
registered under sections 3 and 24(c) of FIFRA. These registrations are
listed in Table 1.

A. Background Information

Benomyl is a benzimidazole carbamate and systemic foliar fungicide
registered for use on almonds, apples, anise, apricots, asparagus,
avocado, banana, barley, bean vine, blueberries, brassica (broccoli,
Brussels sprouts, cabbage, chicory, chinese cabbage, cauliflower,
collards, kale, kohlrabi, mustard greens, rutabagas, and turnips),
caneberries (dewberries, blackberries, boysenberries, loganberries, and
raspberries), cardoon, carrots, celery, cherries, citrus, conifers,
corn, cucurbits (cucumber, melons, pumpkins, and squash), currants,
dandelions, dill, figs, grapes, macadamia nuts, mangoes, mushrooms,
nectarines, onions, oats, papayas, peaches, peanuts, pears, peas,
pecans, peppers, pineapple, pistachio, plums, prunes, rape, rice, rye,
soybeans, spinach, strawberry, sugar beets, tomatoes, wheat, and yams.
Dupont met with the Agency on April 18, 2001, and requested a
voluntary cancellation of all their registrations for products
containing benomyl, to be effective December 31, 2001. Dupont stated
that this decision was based on business reasons. They submitted this
request in writing in a letter dated April 18, 2001.
On May 1, 2001, Dupont submitted a second letter requesting that
the effective date of cancellation be moved from December 31, 2001, to
May 1, 2001. Under 6(f)(1(C), a registrant can waive the 180-day
comment period for minor uses, however 6(f)(1)(B) requires that the
Agency provide for a 30-day comment period before acting on any 6(f)
request. Therefore, EPA notes that it cannot grant a cancellation
request until the requisite public comment period expires and EPA has
considered all public comments received.

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 180-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 registrant has requested that EPA waive the 180-day comment period.
EPA is granting the registrants' request to waive the 180-day comment
period. EPA anticipates granting the cancellation request shortly after
the end of the 30-day comment period for this notice. The registrations
for which cancellations were requested are identified in the following
table.

Table 1.--Registrations with Pending Requests for Cancellation
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Company Reg. No Product
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E.I. duPont deNemours and 352-354 Dupont
Company Benlate
Fungicide
352-377 Benomyl Technical
352-385 Dupont
Benlate
OD Fungicide
352-564 Dupont
Benlate
SP Fungicide
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Additionally, cancellation is requested for the following DuPont
Special Local Need (SLN) Registrations:

Table 2.--SLN Registrations with Pending Requests for Cancellation
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SLN Number Crop Reg. No Product
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AZ-930015 Onions 352-354 Dupont
Benlate
Fungicide
VT-770005 Apples 352-354 Dupont
Benlate
Fungicide
WA-000009 Asparagus Crowns 352-564 Dupont
Benlate SP
Fungicide
WA-770040 Asparagus Crowns 352-354 Dupont
Benlate
Fungicide
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[[Page 28468]]

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 section 6(f)(1) further provides that, before acting
on the request, EPA must publish a notice of receipt of any such
request in the Federal Register, make reasonable efforts to inform
persons who rely on the pesticide for minor agricultural uses, and
provide a 30-day period in which the public may comment. Thereafter,
the Administrator may approve such a request.

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. 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.

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 request was received.
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.
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.
Dupont stated in their April 18, 2001 letter, that it would not
sell or distribute any of the canceled products following the date of
cancellation and requested that EPA permit sale of existing stocks of
products in the channels of trade until December 31, 2002, as permitted
under FIFRA section 6(a)(1). In their May 1, 2001 letter, Dupont
proposed that they be permitted to sell and distribute stocks of
canceled products until June 30, 2001. Dupont did not request a change
in date of December 31, 2002, for existing stocks of products in the
channels of trade. EPA anticipates granting these requests.

VI. Future Tolerance Revocations.

EPA anticipates drafting a future Federal Register notice proposing
revocation of tolerances on commodities on which there has been no
registered uses of benomyl. With this notice, EPA seeks comment as to
whether any individuals or groups want to support continuation of these
tolerances.

List of Subjects

Environmental protection, Pesticides and pests.

Dated: May 10, 2001.
Jack E. Housenger,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.

[FR Doc. 01-12905 Filed 5-22-01; 8:45 am]
BILLING CODE 6560-50-S

Benomyl; Receipt of Request for Registration Cancellations

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