[Federal Register Volume 61, Number 97 (Friday, May 17, 1996)]
[Notices]
[Pages 24935-24936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12476]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-66200A; FRL-5368-1]


Withdrawal of a Notice of Intent to Cancel Registration of 
Certain Products Containing the Active Ingredient Metam-Sodium

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that EPA is withdrawing the Notice of 
Intent to Cancel the registration of certain pesticide products 
(Vaporooter A Foaming Fumigant (EPA Reg. No. 9993-1), Foam Coat 
Vaporooter (EPA Reg. No. 9993-2) and Sanafoam Vaporooter II (EPA Reg. 
No 9993-3)) held by Airrigation Engineering Company of Pleasanton, CA. 
EPA approved the amendments to the product registrations to change the 
classification to restricted use on March 1, 1996. The change in 
classification became effective on March 1, 1996. Because the 
registrant has complied with the measures specified in the Agency's 
Notice of Intent to Cancel, EPA is withdrawing the Notice of Intent to 
Cancel.

FOR FURTHER INFORMATION CONTACT: By mail, Vivian Prunier, Review 
Manager, Special Review Branch, Special Review and Reregistration 
Division (7508W), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Third floor, Westfield Building, 2800

[[Page 24936]]

Jefferson Davis Highway, Arlington, VA (703)-308-8034.

SUPPLEMENTARY INFORMATION: In a Federal Register Notice of September 
21, 1994 (59 FR 48430), EPA announced its intent to cancel the 
registrations of certain pesticide products (Vaporooter A Foaming 
Fumigant (EPA Reg. No. 9993-1), Foam Coat Vaporooter (EPA Reg. No. 
9993-2) and Sanafoam Vaporooter II (EPA Reg. No. 9993-3)) held by 
Airrigation Engineering Company of Pleasanton, CA. The Agency took this 
action because Airrigation Engineering Company failed to comply with 
the Agency's decision to classify the products as restricted use 
pesticides.
    Under FIFRA section 3(d)(1)(C), the Administrator may classify a 
pesticide for restricted use if she determines that the pesticide, when 
applied in accordance with the directions for use, warnings and 
cautions, or, in accordance with widespread and commonly recognized 
practice, may generally cause unreasonable adverse effects on the 
environment, unless additional regulatory restrictions are employed. 
Once classified for restricted use, a product can be applied only by or 
under the direct supervision of a certified applicator (FIFRA sections 
3(d)(1)(C), 12(a)(2)(F), 12(a)(2)(G).
    EPA has published regulations that establish procedures that EPA 
will follow when classifying a product for restricted use. Under 40 CFR 
152.165(c)(2), the Agency may notify a registrant that it has decided 
to classify a pesticide as restricted use and require the registrant to 
submit certain information to comply with the classification decision. 
If a registrant fails to comply with this notification, the Agency may 
initiate cancellation proceedings.
    The Agency determined that restricted use classification for the 
use of metam-sodium products in sewers is required because of the 
elaborate and complicated methods of applying this pesticide and the 
potential for harmful exposure. The basis for the Agency's 
determination is given in the September 21, 1994 Notice of Intent to 
Cancel. The Airrigation Engineering Company products identified above 
are metam-sodium products used in sewers that are subject to this 
classification determination. On September 24, 1993, EPA notified 
Airrigation Engineering Company of its classification decision. 
Airrigation Engineering Company refused to comply with the Agency's 
requirement that the metam-sodium products be classified as restricted 
use. Because the only measure short of cancellation that would reduce 
the risks posed by these products to an acceptable level was the 
restricted use classification and because the registrant would not 
voluntarily change the classification of its products, the Agency 
initiated cancellation proceedings.
    The September 21, 1994 Notice of Intent to Cancel announced that 
cancellation could be avoided by amending the registrations of the 
products identified above to change their classification to restricted 
use; the change in classification for the Airrigation Engineering 
Company products would become effective at the same time as the change 
in classification of similar products whose registrants had already 
agreed to the restricted use classification. Alternatively, Airrigation 
Engineering Company could request an evidentiary hearing on the 
Agency's cancellation decision. Procedures for requesting a hearing 
were given in the September 21, 1994 Notice.
    On November 7, 1994, Airrigation Engineering Company submitted a 
timely and effective hearing request. During the course of the pre-
hearing proceedings, the registrant decided to comply with the Agency's 
classification decision.
    On March 1, 1996, the Agency approved label amendments for the 
products identified above to change their classification to restricted 
use.
    This Notice announces that Airrigation Engineering Company has 
complied with the Agency's decision to classify the products identified 
above as restricted use products. Because Airrigation Engineering 
Company took the
steps to avoid cancellation which were identified in the September 21, 
1994 Notice, EPA is withdrawing its Notice of Intent to Cancel the 
product registrations identified above.

    Dated: May 9, 1996.

Daniel M. Barolo,
Director, Office of Pesticide Programs.

[FR Doc. 96-12476 Filed 5-16-96; 8:45 am]
BILLING CODE 6560-50-F