[Federal Register Volume 64, Number 101 (Wednesday, May 26, 1999)]
[Notices]
[Pages 28471-28472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13376]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-64041; FRL-6082-9]
Notice of Cancellation of All Registrations of the
Organophosphate Isofenphos
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final 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 its response to requests for voluntary cancellation of
registrations for all products containing isofenphos by Bayer
Corporation, the sole U.S. registrant of the insecticide.
DATES: These terminations and cancellations become effective according
to the timetable specified under ``Background'' subject to the existing
stocks provision specified herein.
FOR FURTHER INFORMATION CONTACT: By mail: Philip Poli, Special Review
and Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
Office location, telephone number and e-mail: Reregistration Branch 3,
Crystal Mall #2, 6th floor, 1921 Jefferson Davis Highway, Arlington,
VA; (703) 308-8038; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
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. 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, the EPA
Administrator may approve or deny the request consistent with the
provisions established pursuant to section 6(f)(1).
Accordingly, the Agency is proceeding with the cancellation of all
isofenphos products as specified in the January 15, 1999 Federal
Register. That notice announced receipt of these requests for
termination/cancellation and provided for disposition of existing
stocks.
II. Background
Isofenphos is the common name for an insecticide of the
organophosphate class; its trade name is Oftanol. The chemical name for
isofenphos is 1-methylethyl 2-[[ethoxy[(1-methylethyl)amino]
phosphinothioyl]oxy]benzoate. Bayer Corporation is the sole technical
manufacturer of isofenphos and manufactures the technical material
overseas. Isofenphos was registered in the United States for use on
turf and ornamentals for control of white grubs and molecrickets,
although only the turf use products were being sold at the time of the
request for voluntary cancellation.
In the Federal Register of January 15, 1999 (64 FR 2642) (FRL 6056-
5), EPA issued a notice announcing receipt of the isofenphos
registrants' request to terminate uses and cancel registrations under
section 3 of FIFRA, and provided notice of EPA's intent to accept those
requests. According to the timetable specified in the January 15, 1999
Federal Register notice, cancellation of Bayer Corporation's isofenphos
registrations will be accomplished in three steps. First, the following
product registrations are canceled effective May 26, 1999.
\ Oftanol 5% Granular Turf and Ornamental Insecticide, EPA Reg. No.
3125-435
\ Oftanol 5% Granular Insecticide, EPA Reg. No. 3125-330
\ Oftanol 1.5% Granular Insecticide, EPA Reg. No. 3125-331
\ Lawn Food and Insecticide, EPA Reg. No. 3125-350
EPA will continue to permit the sale, distribution and use of
existing stocks of these product registrations already in the hands of
dealers or users.
Second, Bayer's product Oftanol 2 Insecticide (EPA Reg. No. 3125-
342) will be canceled on September 30, 1999. The Agency has authorized
a 1-year existing stocks provision, whereby Bayer Corporation may sell
and/or distribute all remaining inventory of this product, under the
previously approved labeling, until September 30, 2000. Third, the
cancellation of Oftanol technical will become effective on December 31,
1999. Bayer Corporation will discontinue any further sales and/or
distribution of Oftanol technical as of this date.
Further, because sales of isofenphos have been steadily declining
since 1994, Bayer has agreed to limit the sale of Oftanol technical in
1999 to the level of 1998 sales. Finally, Bayer also stated in its
December 11, 1998 letter to the Agency requesting voluntary
cancellation, that they will notify formulator customers of the
schedule for discontinuance of their isofenphos product registration
``to give them adequate transition time to develop or identify
alternative products.''
[[Page 28472]]
III. Cancellation Order and Existing Stocks Provision
The Agency hereby grants all of the requested cancellations,
consistent with the schedule Bayer Corporation requested in its
December 11, 1999 voluntary cancellation letter to the Agency. Bayer
Corporation requested in its December 11, 1999 letter a l-year existing
stocks provision for its end-use product Oftanol 2 Insecticide (EPA
Reg. No. 3125-342). The Agency has determined that the effective date
of cancellation for this product will be September 30, 1999. The Bayer
Corporation, and any supplemental distributors, may sell or distribute
existing stocks of this product, bearing the previously-approved
labeling, until September 30, 2000. In addition, EPA will continue to
permit, after September 30, 2000 (EPA Reg. No. 3125-342) and December
31, 1999 (EPA Reg. No. 3125-326), the sale, distribution, and use of
existing stocks of product containing isofenphos already in the
channels of distribution by persons other than the registrant and/or
supplemental registrants, (i.e., stocks already in the hands of dealers
and users).
Cancellation of the following isofenphos product registrations will
become effective on May 26, 1999. EPA will continue to permit the sale,
distribution and use of existing stocks of the following product
registrations already in the hands of any person other than the
registrant and/or supplemental distributors:
\ Oftanol 5% Granular Turf and Ornamental Insecticide, EPA Reg. No.
3125-435
\ Oftanol 5% Granular Insecticide, EPA Reg. No. 3125-330
\ Oftanol 1.5% Granular Insecticide, EPA Reg. No. 3125-331
\ Lawn Food and Insecticide, EPA Reg. No. 3125-350
All sale or distribution of existing stocks permitted by this
cancellation order is permitted only to the extent that the product
being sold or distributed bears the previously-approved label that was
required to be on the product on the date of cancellation. All use of
existing stocks of any product canceled pursuant to this cancellation
order must be consistent with the previously-approved labeling on or
accompanying the product. In addition, dealers and users should be
aware that the Agency reserves the right to amend the existing stocks
portion of this order if conditions warrant that existing stocks are
not exhausted in a reasonable time.
Lists of Subjects:
Environmental protection, Agricultural commodities, Pesticides and
pests, Product registrations
Dated: May 18, 1999.
Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 99-13376 Filed 5-25-99; 8:45 am]
BILLING CODE 6560-50-F