Molinate; Product Cancellation Order and Amendment to Terminate Uses, 44261-44263 [E8-17475]

Download as PDF mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Notices Seidel, C. 2006. Email Communication from C. Seidel to Brent Ranalli at The Cadmus Group, Inc. [concerning boron data from an AwwaRF-sponsored study, with data in an attached spreadsheet]. Denver, CO: McGuire Malcolm Pirnie; May 19, 2006. USEPA. 1998a. Reregistration Eligibility Decision (RED)—DCPA. EPA Report 738–R–98–005. Washington, DC: Office of Prevention, Pesticides and Toxic Substances. November 1998. Available on the Internet at: https://www.epa.gov/ oppsrrd1/REDs/0270red.pdf. USEPA. 1998b. Reregistration Eligibility Decision (RED)—1,3-Dichloropropene. EPA Report 738–R–98–016. Washington, DC: Office of Prevention, Pesticides and Toxic Substances. December 1998. Available on the Internet at: https:// www.epa.gov/oppsrrd1/REDs/ 0328red.pdf. USEPA. 1998c. Reregistration Eligibility Decision (RED)—Terbacil. EPA Report 738–R–97–011. Washington, DC: Office of Prevention, Pesticides and Toxic Substances. January 1998. Available on the Internet at: https://www.epa.gov/ oppsrrd1/REDs/0039red.pdf. USEPA. 1998d. Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations. Federal Register. Vol. 63, No. 87. p. 25033, May 6, 1998. USEPA. 1999c. Reregistration Eligibility Decision (RED)—EPTC. EPA Report 738– R–99–006. Washington, DC: Office of Prevention, Pesticides and Toxic Substances. December 1999. Available on the Internet at: https://www.epa.gov/ oppsrrd1/REDs/0064red.pdf. USEPA. 1999d. Reregistration Eligibility Decision (RED) Facts—O-Ethyl S-phenyl ethylphosphonodithiolate (Fonofos). EPA Report 738–F–99–019. Washington, DC: Office of Prevention, Pesticides and Toxic Substances. November 1999. Available on the Internet at: https:// www.epa.gov/oppsrrd1/REDs/factsheets/ 0105fact.pdf. USEPA. 2000. Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000). EPA Report EPA–822–B–00–004. Washington, DC: Office of Water. October 2000. Available on the Internet at: https:// www.epa.gov/waterscience/criteria/ humanhealth/method/method.html USEPA. 2007a. Drinking Water: Regulatory Determinations Regarding Contaminants on the Second Drinking Water Contaminant Candidate List— Preliminary Determinations. Notice. Federal Register. Vol. 72, No. 83, p. 24016, May 1, 2007. USEPA. 2008a. Regulatory Determinations Support Document for Selected Contaminants from the Second Drinking Water Contaminant Candidate List (CCL 2). EPA Report 815–R–08–012. June 2008. USEPA. 2008b. The Analysis of Occurrence Data from the First Unregulated Contaminant Monitoring Regulation (UCMR 1) in Support of Regulatory Determinations for the Second Drinking Water Contaminant Candidate List. EPA Report 815–R–08–013. June 2008. VerDate Aug<31>2005 23:06 Jul 29, 2008 Jkt 214001 USEPA. 2008c. The Analysis of Occurrence Data from the Unregulated Contaminant Monitoring (UCM) Program and National Inorganics and Radionuclides Survey (NIRS) in Support of Regulatory Determinations for the Second Drinking Water Contaminant Candidate List. EPA Report 815–R–08–014. June 2008. USEPA. 2008d. Health Effects Support Document for Boron. EPA Report 822–R– 08–002. June 2008. USEPA. 2008e. Health Effects Support Document for Dacthal Degradates: Tetrachloroterephthalic Acid (TPA) and Monomethyl Tetrachloroterephthalic Acid (MTP). EPA Report 822–R–08–005. June 2008. USEPA. 2008f. Health Effects Support Document for 1,1-Dichloro-2,2-bis(pchlorophenyl)ethylene (DDE). EPA Report 822–R–08–003. June 2008. USEPA. 2008g. Health Effects Support Document for S-Ethyl dipropylthiocarbamate (EPTC). EPA Report 822–R–08–006. June 2008. USEPA. 2008h. Health Effects Support Document for Fonofos. EPA Report 822– R–08–009. June 2008. USEPA. 2008i. Health Effects Support Document for Terbacil. EPA Report 822– R–08–004. June 2008. USEPA. 2008j. Health Effects Support Document for 1,3-Dichloropropene. EPA Report 822–R–08–008. June 2008. USEPA. 2008k. Health Effects Support Document for 1,1,2,2-Tetrachloroethane. EPA Report 822–R–08–007. June 2008. USEPA. 2008l. Health Advisory for 2,4- and 2,6-Dinitrotoluene. EPA Report 822–R– 08–010. June 2008. USEPA. 2008m. Comment Response Document for the Regulatory Determinations on the Second Drinking Water Contaminant Candidate List 2 (Categorized Public Comments). June 2008. USGS. 2004. ‘‘Mineral Commodity Summaries, January 2004—Boron.’’ January 2004. Available on the Internet at: https://minerals.usgs.gov/minerals/ pubs/commodity/boron/boronmcs04.pdf. Dated: July 24, 2008. Stephen L. Johnson, Administrator. [FR Doc. E8–17463 Filed 7–29–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2003–0397; FRL–8374–6] Molinate; Product Cancellation Order and Amendment to Terminate Uses Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: This notice announces EPA’s amendment to the order for the termination of uses, voluntarily requested by the registrant and accepted PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 44261 by the Agency, of products containing the pesticide molinate, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This amendment follows an April 7, 2004 Federal Register Notice of Order to Amend Registrations to Terminate Uses of molinate to control water grass in rice grown in California and the south central/south eastern states of Arkansas, Louisiana, Missouri, Tennessee, and Texas. Nothing in today’s action changes the previous stop production date of June 30, 2008, nor does it change the stop use date of August 31, 2009. Today’s action only clarifies the deadline for persons other than the registrant to sell and distribute molinate until July 1, 2009. DATES: The cancellation amendment is effective July 30, 2008. FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–8025; fax number: (703) 308– 8005; e-mail address: livingston.wilhelmena@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. 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–2003–0397. Publicly available docket materials are available either in the electronic docket at https:// 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. Crystal Dr., Arlington, VA. The hours of E:\FR\FM\30JYN1.SGM 30JYN1 44262 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Notices 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 https://www.epa.gov/fedrgstr. TABLE 2—REGISTRANTS OF AMENDED MOLINATE PRODUCTS EPA Company Number Company Name and Address 100 Syngenta Crop Protection, Inc.P.O. Box 18300 Greenboro, NC 27419–8300 74530 Helm Agro U.S., Inc. Nordkanalstrasse 28D– 20097 Hamburg, Germany II. What Action is the Agency Taking? This notice announces the amendment of the April 7, 2004 (69 FR 18368) (FRL–7350–9) order to amend registrations to terminate uses of certain end-use molinate products registered under section 3 of FIFRA. These registrations are listed in sequence by registration number in Table 1 of this unit. TABLE 1—MOLINATE PRODUCTS AFFECTED EPA Registration Number Product Name Riceco Molinate Technical 100–982 Riceco Touche 100–983 Molinate 15–G 100–1021 Ordram 8–E An emulsufiable liquid 100–1036 Arrosolo 3–3E 100–1039 Ordram 15–G 100–1040 Ordram Technical 100–1102 Ordram 15GM Rice Herbicide 74530–7 Molinate Technical CA77015900 Ordram 8–E an emulsufiable liquid CA84017200 Ordram 8–E an emulsufiable liquid CA85005300 Ordram 8–E an emulsufiable liquid TX81002600 Ordram 8–E an emulsufiable liquid TN93000700 mstockstill on PROD1PC66 with NOTICES 100–981 Ordram 15–G Table 2 of this Unit includes the name and address of record for the Registrants of the product in Table 1 of this Unit, in seqence by EPA company number: VerDate Aug<31>2005 23:06 Jul 29, 2008 Jkt 214001 On April 7, 2004, EPA published a Cancellation Order with respect to products containing S-ethyl hexahyfor1H-azepine-1-carbothioate (monlinate) (69 FR 18368). That order provided: ‘‘The cancellation of these registrations has an effective date of June 30, 2008. After that date, Syngenta Crop Protection Inc., and Helm Agro U.S. Inc, may not sell or distribute any molinate products except as detailed in the cancellation order. Syngenta Crop Protection, Inc., and Helm Agro U.S. Inc., will be permitted to distribute the molinate active ingredient in 2009 for the purposes of facilitating usage by August 31, 2009. No use of products containing molinate is permitted after the 2009 growing season (August 31, 2009).’’ Today’s action is intended to clarify that in the case of molinate, the original August 31, 2009 deadline for cessation of use was established to provide a reasonable time for the material to work through the channels of trade following the cessation of sale and distribution of molinate products by the registrants, Syngenta Crop Protection, Inc., and Helm Agro U.S. Inc., on June 30, 2008. Today’s action does not affect the cancellation of the registrations in Table 1 of Unit II. In addition, clarifying that persons other than the registrants (distributors and retailers) may sell and distribute molinate will neither conflict with the Agency’s application of the guidelines outlined in PR Notice 97–7, nor will it introduce more molinate into the pesticide use cycle than had been stipulated by the terms of the five year phase-out. Allowing additional time for distributors and retailers to sell and distribute molinate to end users was contemplated by the original cancellation order by continuing to allow distribution and use. Clarifying this intent will ensure that this product is utilized safely, in accordance with the approved labeling requirements. Thus, today’s action clarifies that persons other than the registrant may sell and distribute molinate until July 1, 2009. After July 1, 2009, all sale and PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 distribution is prohibited, except for the purposes of disposal or export. Today’s action does not change that end users with existing stocks of products containing molinate may continue to use these products until August 31, 2009, provided that the use complies with previously EPA approved product label requirements for the respective products. Thereafter, all use shall be prohibited except that existing stocks held by end users may be transported for purposes of disposal or returning unused product to the manufacturer or point-of-sale. III. Amended Order EPA hereby amends the April 7, 2004 order to clarify the provisions for the disposition of existing stocks. Existing stocks are stocks of 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 cancellation order, which in this case is June 30, 2008. Specifically, persons other than the registrant (distributors and retailers) may sell and distribute products listed in Table 1 of Unit II containing molinate until July 1, 2009. After July 1, 2009, all sale and distribution is prohibited, except for the purposes of disposal or export. End users may continue to use existing stocks until August 31, 2009, provided that the use complies with previously EPA approved product label requirements for the respective products. Thereafter, all use shall be prohibited except that existing stocks held by end users may be transported for purposes of disposal or returning of unused product to the manufacturer or point-of-sale. 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. List of Subjects Environmental protection, Pesticides and pests. E:\FR\FM\30JYN1.SGM 30JYN1 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Notices Dated: July 24, 2008. Steven Bradbury, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E8–17475 Filed 7–29–08] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2004–0340; FRL–8375–7] Disulfoton; Amendment to Terminate Certain Uses of Disulfoton Pesticide Registrations Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: This notice announces EPA’s order for the amendments to terminate certain uses, voluntarily requested by the registrant and accepted by the Agency, of products containing the pesticide disulfoton, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This termination order follows a May 21, 2008 Federal Register Notice of Receipt of Requests from the disulfoton technical registrant to voluntarily amend to terminate certain uses of their disulfoton product registrations. The request included termination of all disulfoton use on barley and wheat. Additionally, the use of the granular formulation of disulfoton, Di-Syston 15G (EPA Reg. No. 264-723), on broccoli and commercial ornamentals is being terminated. This order also terminates the use of DiSyston 15G and the emulsifiable concentrate formulation of disulfoton, Di-Syston 8 EC, (EPA Reg. No. 264-734) on potatoes. This order also amends the disulfoton technical product registration (EPA Reg. No. 264-734) to terminate potato, barley, and wheat uses. These are not the last disulfoton uses or products registered in the United States. In the May 21, 2008 notice, EPA indicated that it would issue an order implementing the amendments to terminate uses, unless the Agency received substantive comments within the 30 day comment period that would merit its further review of these requests, or unless the registrant withdrew their requests within this period. The Agency received comments on the notice but none merited its further review of the requests. The comments received by the Agency are described in Unit III. of this notice. Further, the registrant did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested amendments to mstockstill on PROD1PC66 with NOTICES SUMMARY: VerDate Aug<31>2005 23:06 Jul 29, 2008 Jkt 214001 terminate uses. Any distribution, sale, or use of the disulfoton 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 July 30, 2008. FOR FURTHER INFORMATION CONTACT: Eric Miederhoff, 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– 8028; fax number: (703) 308–7070; email address: miederhoff.eric@epa.gov. SUPPLEMENTARY INFORMATION: of several disulfoton products registered under section 3 of FIFRA. The affected registrations are listed in sequence by registration number in Table 1 of this unit. TABLE 1—DISULFOTON PRODUCT REGISTRATION AMENDMENTS TO TERMINATE USES EPA Registration Number Product Name Delete from Label 264-723 Di-Syston 15G Broccoli, Potato, Wheat, Barley, Ornamentals (commercial uses) 264-725 Di-Syston Technical Potato, Wheat, Barley 264-734 Di-Syston 8 EC Potato, Wheat, Barley 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–2004–0340. Publicly available docket materials are available either in the electronic docket at https:// 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. 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 https://www.epa.gov/fedrgstr. II. What Action is the Agency Taking? This notice announces the amendments to terminate certain uses, as requested by the technical registrant, PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 44263 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. TABLE 2—REGISTRANTS OF AMENDED DISULFOTON PRODUCTS EPA Company Number Company Name and Address 264 Bayer CropSciences, 2 T.W. Alexander Drive, Research Triangle Park, NC 27709 III. Summary of Public Comments Received and Agency Response to Comments Two comments were received during the 30 day comment period established by the May 21, 2008 notice (73 FR 29507; FRL–8364–7). One comment noted the importance of rotating chemicals with different modes of action to help reduce the development of chemical resistance in pest populations. However, this comment did not articulate a specific concern with the actions proposed by the notice. The other comment requested the retention of disulfoton use for control of leafminers in buxus, a family of evergreen shrubs and small trees, often grown for ornamental purposes. The 2002 disulfoton Reregistration Eligibility Decision (RED) examined the risks and benefits of continued use of the granular formulation of disulfoton on commercial ornamentals. Exposure E:\FR\FM\30JYN1.SGM 30JYN1

Agencies

[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Pages 44261-44263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17475]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2003-0397; FRL-8374-6]


Molinate; Product Cancellation Order and Amendment to Terminate 
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces EPA's amendment to the order for the 
termination of uses, voluntarily requested by the registrant and 
accepted by the Agency, of products containing the pesticide molinate, 
pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), as amended. This amendment follows an April 7, 
2004 Federal Register Notice of Order to Amend Registrations to 
Terminate Uses of molinate to control water grass in rice grown in 
California and the south central/south eastern states of Arkansas, 
Louisiana, Missouri, Tennessee, and Texas. Nothing in today's action 
changes the previous stop production date of June 30, 2008, nor does it 
change the stop use date of August 31, 2009. Today's action only 
clarifies the deadline for persons other than the registrant to sell 
and distribute molinate until July 1, 2009.

DATES:  The cancellation amendment is effective July 30, 2008.

FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review 
and Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8025; fax 
number: (703) 308-8005; e-mail address: livingston.wilhelmena@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. 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-2003-0397. Publicly 
available docket materials are available either in the electronic 
docket at https://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. Crystal 
Dr., Arlington, VA. The hours of

[[Page 44262]]

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 https://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    This notice announces the amendment of the April 7, 2004 (69 FR 
18368) (FRL-7350-9) order to amend registrations to terminate uses of 
certain end-use molinate products registered under section 3 of FIFRA. 
These registrations are listed in sequence by registration number in 
Table 1 of this unit.

                   Table 1--Molinate Products Affected
------------------------------------------------------------------------
          EPA Registration Number                   Product Name
------------------------------------------------------------------------
100-981                                     Riceco Molinate Technical
------------------------------------------------------------------------
100-982                                     Riceco Touche
------------------------------------------------------------------------
100-983                                     Molinate 15-G
------------------------------------------------------------------------
100-1021                                    Ordram 8-E An emulsufiable
                                             liquid
------------------------------------------------------------------------
100-1036                                    Arrosolo 3-3E
------------------------------------------------------------------------
100-1039                                    Ordram 15-G
------------------------------------------------------------------------
100-1040                                    Ordram Technical
------------------------------------------------------------------------
100-1102                                    Ordram 15GM Rice Herbicide
------------------------------------------------------------------------
74530-7                                     Molinate Technical
------------------------------------------------------------------------
CA77015900                                  Ordram 8-E an emulsufiable
                                             liquid
------------------------------------------------------------------------
CA84017200                                  Ordram 8-E an emulsufiable
                                             liquid
------------------------------------------------------------------------
CA85005300                                  Ordram 8-E an emulsufiable
                                             liquid
------------------------------------------------------------------------
TX81002600                                  Ordram 8-E an emulsufiable
                                             liquid
------------------------------------------------------------------------
TN93000700                                  Ordram 15-G
------------------------------------------------------------------------


    Table 2 of this Unit includes the name and address of record for 
the Registrants of the product in Table 1 of this Unit, in seqence by 
EPA company number:

            Table 2--Registrants of Amended Molinate Products
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
100                                         Syngenta Crop Protection,
                                             Inc.P.O. Box 18300
                                             Greenboro, NC 27419-8300
------------------------------------------------------------------------
74530                                       Helm Agro U.S., Inc.
                                             Nordkanalstrasse 28D-20097
                                             Hamburg, Germany
------------------------------------------------------------------------

    On April 7, 2004, EPA published a Cancellation Order with respect 
to products containing S-ethyl hexahyfor-1H-azepine-1-carbothioate 
(monlinate) (69 FR 18368). That order provided: ``The cancellation of 
these registrations has an effective date of June 30, 2008. After that 
date, Syngenta Crop Protection Inc., and Helm Agro U.S. Inc, may not 
sell or distribute any molinate products except as detailed in the 
cancellation order. Syngenta Crop Protection, Inc., and Helm Agro U.S. 
Inc., will be permitted to distribute the molinate active ingredient in 
2009 for the purposes of facilitating usage by August 31, 2009. No use 
of products containing molinate is permitted after the 2009 growing 
season (August 31, 2009).''
    Today's action is intended to clarify that in the case of molinate, 
the original August 31, 2009 deadline for cessation of use was 
established to provide a reasonable time for the material to work 
through the channels of trade following the cessation of sale and 
distribution of molinate products by the registrants, Syngenta Crop 
Protection, Inc., and Helm Agro U.S. Inc., on June 30, 2008. Today's 
action does not affect the cancellation of the registrations in Table 1 
of Unit II. In addition, clarifying that persons other than the 
registrants (distributors and retailers) may sell and distribute 
molinate will neither conflict with the Agency's application of the 
guidelines outlined in PR Notice 97-7, nor will it introduce more 
molinate into the pesticide use cycle than had been stipulated by the 
terms of the five year phase-out. Allowing additional time for 
distributors and retailers to sell and distribute molinate to end users 
was contemplated by the original cancellation order by continuing to 
allow distribution and use. Clarifying this intent will ensure that 
this product is utilized safely, in accordance with the approved 
labeling requirements. Thus, today's action clarifies that persons 
other than the registrant may sell and distribute molinate until July 
1, 2009. After July 1, 2009, all sale and distribution is prohibited, 
except for the purposes of disposal or export. Today's action does not 
change that end users with existing stocks of products containing 
molinate may continue to use these products until August 31, 2009, 
provided that the use complies with previously EPA approved product 
label requirements for the respective products. Thereafter, all use 
shall be prohibited except that existing stocks held by end users may 
be transported for purposes of disposal or returning unused product to 
the manufacturer or point-of-sale.

III. Amended Order

    EPA hereby amends the April 7, 2004 order to clarify the provisions 
for the disposition of existing stocks. Existing stocks are stocks of 
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 cancellation order, which in this case is 
June 30, 2008. Specifically, persons other than the registrant 
(distributors and retailers) may sell and distribute products listed in 
Table 1 of Unit II containing molinate until July 1, 2009. After July 
1, 2009, all sale and distribution is prohibited, except for the 
purposes of disposal or export. End users may continue to use existing 
stocks until August 31, 2009, provided that the use complies with 
previously EPA approved product label requirements for the respective 
products. Thereafter, all use shall be prohibited except that existing 
stocks held by end users may be transported for purposes of disposal or 
returning of unused product to the manufacturer or point-of-sale.

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.

List of Subjects

    Environmental protection, Pesticides and pests.



[[Page 44263]]


    Dated: July 24, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E8-17475 Filed 7-29-08]
BILLING CODE 6560-50-S
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