[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
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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