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Oxythioquinox - Cancellation Order 9/01

ENVIRONMENTAL PROTECTION AGENCY
[OPP-66293; FRL-6802-4]
Oxythioquinox Products Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's cancellation order for the product
and use cancellations as requested by Bayer Corporation for all
products containing oxythioquinox (Morestan), 6-methyl-1,3-dithiolo
(4,5-b) quinoxalin-2-one or chinomethionate, and accepted by EPA,
pursuant to section 6(f) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). This order follows up a March 17, 1999 notice
of receipt of cancellation request and proposed existing stocks
provisions. The Agency did not receive any substantive comments
opposing the requested cancellation. Accordingly, EPA is issuing an
order granting the cancellation request. Any distribution, sale, or use
of the products subject to this cancellation order is only permitted in
accordance with the terms of the existing stocks provisions of this
cancellation order.

DATES: The cancellations are effective September 19, 2001.

FOR FURTHER INFORMATION CONTACT: Mark Wilhite, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, telephone number: (703) 308-8174; fax number:
(703) 308-8586; e-mail address: wilhite.mark@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 be
potentially affected by this action if you manufacture, sell,
distribute, or use oxythioquinox products. The Congressional Review
Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory
Enforcement Fairness Act of 1996, does not apply because this action is
not a rule, for purposes of 5 U.S.C. 804(3). Since other entities may
also 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 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," "Regulations and Proposed Rules," 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/.
    2. In person. The Agency has established an official record for
this action under docket control number OPP-66293. 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.

II. Receipt of Requests to Cancel Registrations

A. Background

    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. In a Federal Register notice
dated March 17, 1999 (64 FR 13191) (FRL-6067-8), EPA announced its
receipt of Bayer's February 1, 1999 cancellation request. The Agency
did not receive any substantive comments opposing the requested
cancellation and is therefore issuing a cancellation order in today's
notice granting the cancellation request. After canceling these product
registrations, there will be no remaining registered products
containing oxythioquinox.
    In its February 1, 1999 cancellation request, Bayer conditioned its
request on EPA's permitting sale and distribution of the existing
stocks for 18 months, and use for 2 years, after the cancellation
becomes effective. In other words, Bayer intended to stop sale and
distribution sometime in 2001 and asked that EPA provide adequate time
for the end users to exhaust their supplies. However, the cancellation
did not take place in 1999, as both EPA and Bayer contemplated. In
response to EPA's plan to issue a cancellation order now, Bayer
indicated that an existing stocks provision permitting sale and
distribution for 18 months is unnecessary, because Bayer has already
stopped sale and distribution of these products. However, both EPA and
Bayer believe that allowing use until
September 30, 2002, would be necessary to provide adequate notice to
end users and to allow them to exhaust their supplies. Accordingly, EPA
includes in the cancellation order an existing stocks provision
permitting the use of the existing stocks until September 30, 2002. Any
distribution, sale, or use of the products subject to this cancellation
order is only permitted in accordance with the terms of the existing
stocks provisions of this cancellation order.

III. Terminations Pursuant to Voluntary Cancellation 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 the order
of cancellation of EPA registrations listed in Table 1 below.
Oxythioquinox (Morestan) will no longer appear in any registered
products.

              Table 1.--Products Registration Cancellations
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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. Cancellation Order

    Pursuant to section 6(f) of FIFRA, EPA hereby approves the
requested oxythioquinox product registration cancellations, as
identified in Table 1. Any distribution, sale, or use of existing
stocks of the products identified in Table 1 in a manner inconsistent
with the terms of this Order or the Existing Stock Provisions in Unit
V. will be considered a violation of section 12(a)(2)(K) of FIFRA and/
or section 12(a)(1)(A) of FIFRA.

V. Existing Stocks Provision

    Pursuant to section 6(f) of FIFRA, EPA is granting the voluntary
request for the cancellation of the product registrations identified in
Table 1. For purposes of the cancellation order, the term "existing
stocks" will be defined, pursuant to EPA's existing stocks policy of
June 26, 1991 (56 FR 29362) (FRL-3846-4), as those stocks of a
registered pesticide product which are currently in the United States
and which have been packaged, labeled, and released for shipment prior
to the effective date of the amendment or cancellation. Any
distribution, sale, or use of existing stocks after the effective date
of the cancellation order that is not consistent with the terms of that
order will be considered a violation of section 12(a)(2)(K) and/or
12(a)(1)(A) of FIFRA.
    1. Sale and distribution. All sale and distribution of the existing
stocks shall be unlawful as of the effective date of the cancellation
order, except for the purposes of shipping such stocks for export
consistent with section 17 of FIFRA or for proper disposal.
    2. Use. All use of the existing stocks shall be unlawful as of
September 30, 2002.

Lists of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 7, 2001.
Jack E. Housenger,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 01-23224 Filed 9-18-01; 8:45 am]