![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Ethoprop; Notice of Receipt of Request to Voluntarily Amend to Terminate Uses of Pesticide Registration
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 24, 2006 (Volume 71, Number 100)]
[Notices]
[Page 29959-29961]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my06-91]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2002-0269; FRL-8061-8]
Ethoprop; Notice of Receipt of Request to Voluntarily Amend to
Terminate Uses of Pesticide Registration
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 a request by the registrant to
voluntarily amend its registration to terminate certain uses of a
pesticide product containing the emulsifiable concentrate (EC)
formulation of the pesticide ethoprop. The request would terminate the
EC formulation of ethoprop use in or on banana, cucumber, pineapple,
and tobacco crops. EPA intends to grant this request 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 the request, or unless the registrant withdraws its
request within this period. Upon acceptance of this request, any sale,
distribution, or use of products listed in this notice will be
permitted only if such sale, distribution, or use is consistent with
the terms as described in the final order.
DATES: Comments must be received on or before June 23, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2002-0269, by one of the following methods:
? Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
? Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
? Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building); 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
docket telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID numberEPA-HQ-OPP-
2002-0269. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov,
or, if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive,
Arlington, VA. The hours of operation for this Docket Facility are from
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.
The docket telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Jacqueline Guerry, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 305-0024; fax
number: (703) 308-8005; e-mail address: guerry.jacqueline@epa.gov.
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. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or
all of the information that you claim to be CBI. For CBI
[[Page 29960]]
information in a disk or CD ROM that you mail to EPA, 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 claimed as CBI. In
addition to one complete version of the comment that includes
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. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use
of profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background on the Receipt of Requests to Cancel and/or Amend
Registrations to Delete Uses
This notice announces receipt by EPA of a request from the
registrant, Bayer CropScience, to amend to terminate uses of EPA
Registration Number 264-458, Mocap 6EC, product registration. In a
letter dated February 17, 2006, Bayer CropScience requested EPA to
amend to terminate uses of pesticide product registrations identified
in Table 1 of this notice for use on banana, cucumber, pineapple, and
tobacco crops. Specifically, the registrant identified that these crops
had little to no usage of Mocap 6EC, and/or Mocap 6EC could not be
applied in a manner consistent with the occupational handler
engineering controls required by the 2001 Ethoprop Interim
Reregistration Decision (IRED). Mocap 6EC is the only EC formulation of
ethoprop registered in the United States. However, these uses remain on
the granular formulation of ethoprop registered in the United States.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from a registrant
to amend to terminate uses of the EC formulation of ethoprop product
registrations. The affected products and the registrant making the
requests are identified in Tables 1 and 2 of this unit, respectively.
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 or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or 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 ethoprop registrant has requested that EPA waive the 180-day
comment period. EPA will provide a 30-day comment period on the
proposed requests.
Unless a request is withdrawn by the registrant within 30 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 amending the affected registrations.
Table 1.-- Ethoprop Product Registrations with Pending Requests for
Amendment
------------------------------------------------------------------------
Registration No. Product Name Company
------------------------------------------------------------------------
264-458 Mocap 6EC Bayer Crop Science
------------------------------------------------------------------------
Table 2 of this unit includes the name and address of record for
the registrant of the product listed in Table 1 of this unit.
Table 2.-- Registrant Requesting Voluntary Amendments.
------------------------------------------------------------------------
EPA Company No. Company name and address
------------------------------------------------------------------------
264 Bayer CropScience
2 T.W. Alexander Drive
P.O. Box 12014
Research Triangle Park, NC
27709
------------------------------------------------------------------------
IV. 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.
V. Procedures for Withdrawal of Request to Amend to Terminate Uses of
the EC Formulation of Ethoprop Pesticide Products
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 June 23, 2006. 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 has been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are 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.
If the request for voluntary use termination is granted as
discussed above, the Agency intends to issue a cancellation order that
will allow persons other than the registrant to continue to sell and/or
use existing stocks of cancelled products until such stocks are
exhausted, provided that such use is consistent with the terms of the
previously approved labeling on, or that accompanied, the cancelled
product. The order will specifically prohibit any use of existing
stocks that is not consistent with such previously
[[Page 29961]]
approved labeling. If, as the Agency currently intends, the final
cancellation order contains the existing stocks provision just
described, the order will be sent only to the affected registrant of
the cancelled product. If the Agency determines that the final
cancellation order should contain existing stocks provisions different
than the ones just described, the Agency will publish the cancellation
order in the Federal Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: May 11, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-7932 Filed 5-23-06; 8:45 am]
BILLING CODE 6560-50-S