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bendiocarb (Ficam) Voluntary Cancellation Requests 1/00

  


[Federal Register: February 2, 2000 (Volume 65, Number 22)]
[Notices]
[Page 4969-4972]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe00-71]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-66275; FRL-6487-5]


Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations

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 registrants to voluntarily
cancel certain pesticide registrations. The companies that hold the
pesticide registrations of pesticide products containing bendiocarb
(2,2-dimethyl-1,3-benzodioxol-4-yl methylcarbamate) have asked EPA to
cancel their registrations for these products. EPA has identified
certain potential risks associated with some of the current uses of
bendiocarb as well as many data gaps. Following publication of this
Notice and a 30-day public comment period, EPA intends to carry out
cancellation in four steps over a period of 24-months, with the
residential uses posing the greatest potential exposure to children
being phased out earlier than uses that present less exposure. The
proposed existing stocks provisions are outlined below.

DATES:  Comments must be received on or before March 3, 2000. Following
public comment, EPA intends to make the cancellations effective
according to the following schedule: June 30, 2000 for bendiocarb
technical; October 31, 2000 for end-use products labeled for use in and
around homes; and December 31, 2001 for all other products containing
bendiocarb.

FOR FURTHER INFORMATION CONTACT:  By mail: Diane Isbell, Special Review
and Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460;
telephone number: 703-308-8154; e-mail address: isbell.diane@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This action is directed to the public in general. You may
potentially be affected by this action if you manufacture, sell,
distribute, or use pesticide products containing the active ingredient
bendiocarb. Bendiocarb is the common name for an insecticide of the
carbamate class; its trade names are Ficam and Turcam. The chemical
name for bendiocarb is 2,2-dimethyl-1,3-benzodioxol-4-yl
methylcarbamate. AgrEvo Environmental Health and AgrEvo USA Company are
the sole technical manufacturers of bendiocarb. Bendiocarb is presently
registered in the United States and is used to control household, turf
and ornamental plant insects, mosquitoes and fire ants. Specific uses
include: household or domestic dwellings (indoor and outdoor),
residential and ornamental turf, outdoor recreation areas,
nonagricultural buildings and structures, eating establishments, food
processing plants, hospitals, warehouses, greenhouses, ornamental
plants, aircraft and buses. There are no current registered uses on
food crops in the United States; however, there are tolerances for
bendiocarb use on spot and/or crack and crevice treatment in food and
feed handling establishments (40 CFR 180.530).
    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 the
``Federal Register--Environmental Documents.'' You can also go directly
to the Federal Register listings at http://www.epa.gov/fedrgstr/. A
copy of the bendiocarb reregistration Fact Sheet is available at http:/
/www.epa.gov/oppsrrd1/REDs/factsheets/0409fact.pdf.
    2. Fax on Demand. You may request to receive a faxed copy of this
document and any available information by using a faxphone to call
(202) 401-0527 and selecting item number [insert item number].
    3. In person. The Agency has established an official record for
this action under docket control number [OPP-66275]. 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 Highway,
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-66275] 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, 401 M St., SW., 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 Highway, Arlington, VA. The PIRIB is open from 8 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

[[Page 4970]]

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 the
docket control number [OPP-66275]. 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 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 identified 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:
     Explain your views/interests as clearly as possible.
     Describe any assumptions that you used.
     Provide copies of any technical information and/or data
you used that support your views.
     Make sure to submit your comments by the deadline in this
notice.
     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 applications from
registrants to cancel 23 pesticide products registered under section 3
of FIFRA. These registrations are listed in sequence by registration
number in Table 1, below. The Agency will proceed with the cancellation
of the bendiocarb products listed in Table 1, according to the
scheduled dates unless the request for voluntary cancellation is
withdrawn by AgrEvo Environmental Health and AgrEvo USA Company, a
registration is transferred (under the conditions explained below), or
substantive comments are received from the public which cause the
Agency to reconsider its approach to canceling the AgrEvo bendiocarb
registrations. Once an active ingredient is canceled, any person
wishing to bring the pesticide back on the market would need to apply
to EPA for a ``new chemical'' registration. Such a registration cannot
be approved until all applicable data requirements are satisfied.

      Table 1.--Bendiocarb Registrations with Pending Requests for
                              Cancellation
------------------------------------------------------------------------
                                                     Intended Effective
       Registration No.            Product name    Date for Cancellation
------------------------------------------------------------------------
10370-182                        Bendiocarb 20%    Immediately following
                                 Wettable Powder    comment period
10370-183                        Bendiocarb 76%    Immediately following
                                 Wettable Powder    comment period
10370-185                       Bendiocarb         Immediately following
                                 Technical 95%      comment period
10370-304                       Turcam 2.5G        Immediately following
                                 Insect Control     comment period
4816-703                        Wasp and Hornet    10/31/2000
                                 Killer No. 3
4816-704                        Pyrenone           10/31/2000
                                 Bendiocarb;
                                 Roach & Ant
                                 Spray
4816-711                        Bendiocarb 2.4;    10/31/2000
                                 Butacide 12.0
                                 Manufacturing
                                 Concentrate
45639-1                         Ficam W            10/31/2000
45639-2                         Bendiocarb         10/31/2000
                                 Wettable Powder
45639-3                         Ficam D            10/31/2000
45639-6                         Bendiocarb         6/30/2000
                                 Technical
45639-9                         Bendiocarb 1%      10/31/2000
                                 Dust
45639-10                        Bendiocarb 1%      10/31/2000
                                 Homeowner Dust
45639-59                        Turcam             12/31/2001
                                 Insecitcide
45639-64                        Bendiocarb 20%     10/31/2000
                                 Homeowner
                                 Wettable Powder
45639-66                        Ficam Plus         10/31/2000
45639-100                       Turcam 2\1/2\ G    12/31/2001
45639-102                       Ficam ULV          12/31/2001
                                 Solution
45639-139                       Bendiocarb 1\1/2\  10/31/2000
                                 G
45639-148                       Turcam Fertilizer  12/31/2001
45639-150                       Ficam 2\1/2\ G     10/31/2000
45639-151                       Turcam Fertilizer  12/31/2001
                                 GC
45639-152                       Ficam Plus R/S      10/31/2000
------------------------------------------------------------------------

[[Page 4971]]

    The following Table 2 includes the names and addresses of record
for all registrants of the products in Table 1, in sequence by EPA
company number:

        Table 2.-- Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
            EPA Company No.                  Company name and address
------------------------------------------------------------------------
4816                                      AgrEvo Environmental Health,
                                          95 Chestnut Ridge Road,
                                          Montvale, NJ 07645
10370                                    AgrEvo Environmental Health, 95
                                          Chestnut Ridge Road Montvale,
                                          NJ 07645
45639                                    AgrEvo USA Company, Little
                                          Falls Centre One, 2711
                                          Centerville Road, Wilmington,
                                          DE 19808
------------------------------------------------------------------------

    The Agency is providing a 30-day comment period, during which the
public may submit comments concerning this action. If any person
notifies the Agency during the 30-day comment period of an agreement
with AgrEvo to transfer one or more of AgrEvo's registrations, EPA will
not issue the cancellation order for the affected product(s) provided
that the following conditions are met. Within 30 days of notifying the
Agency of its intention to transfer a registration, a request for
transfer of registration must be submitted to the Agency in accordance
with 40 CFR 152.135. If the Agency approves the transfer, the
transferee will be regarded as the registrant for all purposes under
FIFRA. The new registrant or transferee would be responsible for
ensuring all data requirements are satisfied including all outstanding
requirements consistent with established deadlines (some of which are
approaching the required due date). It should be noted that completion
of outstanding data does not in itself guarantee eligibility for
reregistration. EPA must also make the relevant regulatory findings
required by FIFRA.

III. What is the Agency's Authority for Taking This Action?

    Section 6(f)(1)(A) of FIFRA provides that a registrant of a
pesticide product may at any time request that any of its pesticide
registrations be canceled. FIFRA further provides that, before acting
on the request, EPA must publish a notice of receipt of any such
request in the Federal Register .
    Section 6(f)(1)(B) of FIFRA requires that EPA provide a 30-day
period in which the public may comment before the Agency may act on the
request for voluntary cancellation. In the case of minor agricultural
uses, Section 6(f)(1)(C) of FIFRA provides for a 180-day comment period
under certain circumstances. The registrants of bendiocarb have
requested that EPA provide 30-day's comment on this request.
Accordingly, pursuant to section 6(f)(1)(C)(ii) of FIFRA, EPA is
waiving the 180-day comment period, to the extent it applies to this
action, and will provide interested parties 30 days to comment on the
action.
    On August 18, 1999, AgrEvo Environmental Health transmitted a
letter to the Agency requesting a phased cancellation of all their
bendiocarb product registrations. This letter was in response to the
Agency's work on the Reregistration Eligibility Decision for
bendiocarb, during which the Agency examined potential risk concerns
and identified additional data requirements. The registrant decided to
voluntarily cancel bendiocarb products rather than generate the
additional data that would be required to reregister their bendiocarb
products. The registrant has agreed to limit the production of
bendiocarb technical for the year 2000 (i.e., from January 1-June 30,
2000) to 95,000 pounds of active ingredient. This limit is based on the
average annual production for the last 5 years.

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, postmarked before March 3, 2000. 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 orders for the individual products subject to this action.
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.
    AgrEvo has requested, and EPA intends to approve the following
proposal for disposition of existing stocks of bendiocarb products
unless the provisions of an earlier order apply:
    1. Four product registrations will be canceled immediately
following the comment period, because these products have not been
marketed in several years. These are:
     Bendiocarb 20% Wettable Powder, EPA Reg. No. 10370-182;
     Bendiocarb 76% Wettable Powder, EPA Reg. No. 10370-183;
     Bendiocarb Technical 95%, EPA Reg. No. 10370-185
     Turcam 2.5G Insect Control, EPA Reg. No. 10370-304.
    The registrants may not sell or distribute stocks of this product
after the date specified.
    2. Bendiocarb technical, EPA Reg. No. 45639-6, will be canceled on
June 30, 2000. The registrants may not sell or distribute stocks of
this product after the date specified.
    3. Bendiocarb end-use products for homeowner and pest control
operator use, labeled for indoor or outdoor residential uses (see Table
1) can be sold or distributed by the registrant until October 31, 2000.
Pursuant to this proposal, after October 31, 2000, the registrants will
not be permitted to sell any of these products.
    4. All other bendiocarb end-use products, i.e., those with only
non-residential uses (see Table 1), can be sold or distributed by the
registrant until December 31, 2001. All bendiocarb products will be
canceled as of December 31, 2001.
    Persons other than the registrants may distribute, sell or use
existing stocks of canceled products listed in paragraphs 1 through 4
above until stocks are depleted. All use of existing stocks of canceled
pesticides must be consistent with all EPA-approved labeling for the
product.
    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 bendiocarb, the Agency has
concluded that the limited short-term continued use of this pesticide,
as outlined in this notice, is the most efficient means of addressing
both potential risk concerns and providing for the orderly disposition
of existing stocks. The Agency's conclusion is based in part on the
fact that AgrEvo has agreed to cancel the bendiocarb products used in
and around the home (and thus posing the greatest

[[Page 4972]]

exposure to children) relatively soon, i.e. by October 31, 2000.

VI. Notification of Intent To Revoke Tolerances

    This Notice also announces that the Agency intends to propose
revocation of the related tolerances following the cancellation of the
uses listed in this Notice unless there is a request to modify or
maintain it as an import tolerance. There are no current registered
uses for bendiocarb on food crops in the United States; however, there
are non-numerical tolerances for its use on spot and/or crack and
crevice treatment in food and feed handling establishments (40 CFR
180.530). EPA's reregistration eligibility assessment indicated that
substantial additional data would be required to support continued use
of bendiocarb on all types of food- and feed-handling establishments,
except the food service category of food handling establishments--the
only use supported by current data. Also, finite (numerical) tolerances
would have to be proposed.
    The Agency is willing to consider requests to modify or maintain a
tolerance following the cancellation of the accompanying registration.
Such request should be sent to the person listed in the FOR FURTHER
INFORMATION CONTACT above. If EPA receives a request to modify or
maintain a tolerance in response to this Notice, the Agency will issue
a notice under section 408(f) of FFDCA informing the public of the data
required to support the tolerance and stating the time period for
submitting the required data. Regardless of whether a tolerance applies
solely to domestic food uses or solely to imported foods, the same
technical chemistry and toxicology data are required to support
tolerances under FFDCA section 408. For pesticide chemicals used in or
on food, EPA requires residue chemistry data that are representative of
growing conditions in exporting countries in the same manner that the
EPA requires representative residue chemistry data from different U.S.
regions to support domestic use of the pesticide and the tolerance.
Persons supporting the maintenance or modification of tolerances to
cover residues in or on imported food have the burden of demonstrating
the relevance of any existing domestic data to foreign growing or usage
conditions.
    If EPA does not receive any indication of a need to retain a
tolerance following the cancellation of the registered food use, the
Agency will publish in the Federal Register a notice proposing to
revoke the tolerance. That notice will again give interested parties
the opportunity to come forward to support the maintenance of the
tolerance.

List of Subjects

    Environmental protection, Administrative practice and procedure,
Pesticides and pests.

    Dated: January 17, 2000.
Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 00-2283 Filed 2-1-00; 8:45 am]
BILLING CODE 6560-50-F