Propylene Oxide; Notice of Receipt of Request to Terminate Bird Seed Uses on Pesticide Registrations, 14519-14521 [06-2713]
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Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Notices
pesticide risks. These three cases,
however, poses few or no risks that
require mitigation. The Agency
therefore is issuing the
trichloromelamine RED, the sulfonated
oleic acid-sodium salt RED as well as
the triethylene glycol RED, its risk
assessments, and related support
materials simultaneously for public
comment. The comment period is
intended to provide an opportunity for
public input and a mechanism for
initiating any necessary amendments to
the RED. All comments should be
submitted using the methods in
ADDRESSES, and must be received by
EPA on or before the closing date. These
comments will become part of the
Agency Docket for the specific active
ingredient. Comments received after the
close of the comment period will be
marked ‘‘late.’’ EPA is not required to
consider these late comments.
EPA will carefully consider all
comments received by the closing date
and will provide a Response to
Comments Memorandum in the Docket
and regulations.gov. If any comment
significantly affects the document, EPA
also will publish an amendment to the
RED in the Federal Register. In the
absence of substantive comments
requiring changes, the RED will be
implemented as it is now presented.
cprice-sewell on PROD1PC70 with NOTICES
B. What is the Agency’s Authority for
Taking this Action?
Section 4(g)(2) of FIFRA as amended
directs that, after submission of all data
concerning a pesticide active ingredient,
‘‘the Administrator shall determine
whether pesticides containing such
active ingredient are eligible for
reregistration,’’ before calling in product
specific data on individual end-use
products and either reregistering
products or taking other ‘‘appropriate
regulatory action.’’
Section 408(q) of the Federal Food,
Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a(q), requires EPA to review
tolerances and exemptions for pesticide
residues in effect as of August 2, 1996,
to determine whether the tolerance or
exemption meets the requirements of
section 408(b)(2) or (c)(2) of FFDCA.
This review is to be completed by
August 3, 2006.
List of Subjects
Environmental Protection, Pesticides
and Pests.
Dated: March 9, 2006.
Frank Sanders,
Director, Antimicrobials Division, Office of
Pesticide Programs.
[FR Doc. 06–2710 Filed 3–21–06; 8:45 am]
BILLING CODE 6560–50–S
VerDate Aug<31>2005
14:47 Mar 21, 2006
Jkt 208001
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2005–0253; FRL–7768-9]
Propylene Oxide; Notice of Receipt of
Request to Terminate Bird Seed Uses
on Pesticide Registrations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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 a request by the
registrant to voluntarily terminate the
use of the pesticide propylene oxide
(PPO) on bird seed products. The
request would terminate non-food PPO
use as an insecticidal fumigant for the
control of stored product insects in bird
seed. The request would terminate bird
seed use for all PPO product(s)
registered in the U.S. EPA intends to
grant this request at the close of the
comment period for this announcement
unless the Agency receives substantive
comments within the comment period
that would merit its further review of
the request, or unless the registrant
withdraws their request within this
period. Upon acceptance of this request,
any sale, distribution, or use of products
listed in this notice will be permitted
only if such sale, distribution, or use is
consistent with the terms as described
in the final order.
DATES: Comments must be received on
or before April 21, 2006.
ADDRESSES: Submit your comments,
identified by docketidentification (ID)
number EPA–HQ–OPP–2005–0253, by
one of the following methods:
• https://www.regulations.gov/.
Follow the on-line instructions for
submitting comments.
• Mail: Public Information and
Records Integrity Branch (PIRIB)
(7502C), Office of Pesticide Programs
(OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001.
Hand Delivery: Public Information
and Records Integrity Branch (PIRIB)
(7502C), Office of Pesticide Programs
(OPP), Environmental Protection
Agency, Rm. 119, Crystal Mall #2, 1801
S. Bell St., Arlington, VA.
Attention: Docket ID number EPA–
HQ–OPP–2005–0253. The docket
facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
docket facility is (703) 305–5805. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
PO 00000
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Fmt 4703
Sfmt 4703
14519
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2005–
0253. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available on-line at https://
www.regulations.gov/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The regulations.gov website is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
regulations.gov, your e-mail address
will be captured automatically and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/docket.htm/.
Docket: All documents in the docket
are listed in the regulation.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically at https://
www.regulations.gov/ or in hard copy at
the Public Information and Records
Integrity Branch (PIRIB) (7502C), Office
of Pesticide Programs (OPP),
Environmental Protection Agency, Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA. The docket facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
docket facility is (703) 305–5805.
E:\FR\FM\22MRN1.SGM
22MRN1
14520
Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Notices
FOR FURTHER INFORMATION CONTACT:
Susan Bartow, Special Review and
Reregistration Division (7508C), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 603–
0065; fax number: (703) 308–8041; email address: bartow.susan@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.
cprice-sewell on PROD1PC70 with NOTICES
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
www.regulations.gov or e-mail. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes 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 docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing your Comments.
When submitting comments, remember
to:
i. Identify the document by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions. The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
VerDate Aug<31>2005
14:47 Mar 21, 2006
Jkt 208001
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
II. Background on the Receipt of
Requests to Amend Registrations to
Delete Uses
This notice announces receipt by EPA
of a request from registrant ABERCO,
Inc. to voluntarily terminate bird seed
uses of 47870-1, 47870-2, and 47870-3
PPO product registrations. PPO is an
insecticidal fumigant used on several
food items such as processed spices,
cocoa (beans and powder), and in-shell
and processed nutmeats (except
peanuts). PPO also has nonfood uses for
bird seeds, cosmetic articles, gums, ores,
packaging, pigments, pharmaceutical
materials, and discarded nut shells prior
to disposal. In a letter dated January 26,
2006, ABERCO, Inc. requested EPA to
terminate PPO’s use on bird seed for
pesticide product registrations
identified in this notice (Table 1).
Specifically, ABERCO, Inc. requests that
the nonfood use of PPO as an
insecticidal fumigant for the control of
stored product insects in bird seed be
terminated. ABERCO, Inc. requests
provisions for sale, distribution, and use
of existing stocks, as EPA defined that
term in a document published on June
26, 1991 at 56 Fed. Reg. 29362, as
follows:
1. Registrants may sell and distribute
existing stocks for one year from the
date of this letter making the use
termination request, and
2. The product may be sold,
distributed, and used by people other
than the registrant until their stocks
have been exhausted, provided that
such sale, distribution, and use
complies with the EPA-approved label
and labeling of the product. There will
be no more PPO pesticide products
registered in the United States for bird
seed use.
III. What Action is the Agency Taking?
This notice announces receipt by EPA
of a request from a registrant to
terminate bird seed uses of PPO product
registrations. The affected products and
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Fmt 4703
Sfmt 4703
the registrant making the requests are
identified in Table 1 of this unit.
Under section 6(f)(1)(A) of FIFRA,
registrants may request, at any time, that
their pesticide registrations be canceled
or amended to terminate one or more
pesticide uses. Section 6(f)(1)(B) of
FIFRA requires that before acting on a
request for voluntary cancellation, EPA
must provide a 30-day public comment
period on the request for voluntary
cancellation or use termination. In
addition, section 6(f)(1)(C) of FIFRA
requires that EPA provide a 180-day
comment period on a request for
voluntary cancellation or termination of
any minor agricultural use before
granting the request, unless:
1. The registrants request a waiver of
the comment period, or
2. The Administrator determines that
continued use of the pesticide would
pose an unreasonable adverse effect on
the environment.
The PPO registrant has requested that
EPA waive the 180-day comment
period. EPA will provide a 30-day
comment period on the proposed
requests.
Unless a request is withdrawn by the
registrant within 30 days of publication
of this notice, or if the Agency
determines that there are substantive
comments that warrant further review of
this request, an order will be issued
amending the affected registrations.
TABLE 1.— PPO PRODUCT REGISTRATIONS WITH PENDING REQUESTS
FOR AMENDMENT
Registration
No.
Product
name
Company
47870-1
Propylene
Oxide
ABERCO,
Inc.
47870-2
Propylene
Oxide
Technical
ABERCO,
Inc.
47870-3
Propoxide
892
ABERCO,
Inc.
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.
E:\FR\FM\22MRN1.SGM
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Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Notices
described, the Agency will publish the
cancellation order in the Federal
Register.
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 April 21, 2006. 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 products(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.
List of Subjects
VI. Provisions for Disposition of
Existing Stocks
cprice-sewell on PROD1PC70 with NOTICES
V. Procedures for Withdrawal of
Request and Considerations for
Reregistration of PPO
[EPA-HQ-OPP–2006–0165; FRL–7766–7]
Existing stocks are those stocks of
registered pesticide products which are
currently in the United States and
which were packaged, labeled, and
released for shipment prior to the
effective date of the cancellation action.
In any order issued in response to this
request for amendment(s) to terminate
bird seed use, the Agency proposes to
include the following provisions for the
treatment of any existing stocks of the
products identified or referenced in
Table 1:
1. The registrant may sell and
distribute existing stocks for one year
from the date of this letter making the
use termination request, and
2. The product may be sold,
distributed, and used by people other
than the registrant until their stocks
have been exhausted, provided that
such sale, distribution, and use
complies with the EPA-approved label
and labeling of the product.
If the request for voluntary
termination is granted as discussed
above, the Agency intends to issue a
cancellation order that will allow
persons other than the registrant to
continue to sell and/or use existing
stocks of cancelled products until such
stocks are exhausted, provided that such
use is consistent with the terms of the
previously approved lable on, or that
accompanied, the cancelled product.
The order will specifically prohibit any
use of existing stocks that is non
consistent with such previously
approved labeling. If, as the Agency
currently intends, the final cancellation
order contains the existing stocks
provision just described, the order will
be sent only to the affected registrants
of the cancelled products. If the Agency
determines that the final cancellation
order should contain existing stocks
provisions different than the ones just
VerDate Aug<31>2005
14:47 Mar 21, 2006
Jkt 208001
Environmental protection, Pesticides
and pests.
Dated: March 9, 2006.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. 06–2713 Filed 3–21–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
Notice of Filing of Pesticide Petitions
for Establishment of a Regulation for
Residues of Dimethenamid in or on
Various Food and Feed Commodities
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
initial filing of pesticide petitions
proposing the establishment of
regulations for residues of
dimethenamid, (R,S)–2–chloro-N-[(1–
methyl–2–methoxy) ethyl]-N-(2,4–
dimethylthien–3–yl)-acetamide in or on
various food and feed commodities.
DATES: Comments must be received on
or before April 21, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA-HQ-OPP–2006–0165 and
pesticide petition numbers (PPs) 4E6844
and 0F6138, by one of the following
methods:
• https://www.regulations.gov/. Follow
the on-line instructions for submitting
comments.
• Mail: Public Information and
Records Integrity Branch (PIRIB)
(7502C), Office of Pesticide Programs
(OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001.
• Hand Delivery: Public Information
and Records Integrity Branch (PIRIB)
(7502C), Office of Pesticide Programs
(OPP), Environmental Protection
Agency, Rm. 119, Crystal Mall #2, 1801
S. Bell St., Arlington, VA, Attention:
Docket ID number EPA-HQ-OPP–2006–
0165. The docket facility is open from
8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the docket facility
is (703) 305–5805. Such deliveries are
only accepted during the Docket’s
normal hours of operation, and special
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
14521
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
docket ID number EPA-HQ-OPP–2006–
0165. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available on-line at https://
www.regulations.gov/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The www.regulations.gov website
is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
at regulations.gov, your e-mail address
will be captured automatically and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm/.
Docket: All documents in the docket
are listed in the regulation.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically at https://
www.regulations.gov or in hard copy at
the Public Information and Records
Integrity Branch (PIRIB) (7502C), Office
of Pesticide Programs (OPP),
Environmental Protection Agency, Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA. The Docket Facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket telephone number
is (703) 305–5805.
E:\FR\FM\22MRN1.SGM
22MRN1
]]>Agencies
[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Notices]
[Pages 14519-14521]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2713]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0253; FRL-7768-9]
Propylene Oxide; Notice of Receipt of Request to Terminate Bird
Seed Uses on Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: 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 receipt of a request by the registrant to voluntarily
terminate the use of the pesticide propylene oxide (PPO) on bird seed
products. The request would terminate non-food PPO use as an
insecticidal fumigant for the control of stored product insects in bird
seed. The request would terminate bird seed use for all PPO product(s)
registered in the U.S. EPA intends to grant this request at the close
of the comment period for this announcement unless the Agency receives
substantive comments within the comment period that would merit its
further review of the request, or unless the registrant withdraws their
request within this period. Upon acceptance of this request, any sale,
distribution, or use of products listed in this notice will be
permitted only if such sale, distribution, or use is consistent with
the terms as described in the final order.
DATES: Comments must be received on or before April 21, 2006.
ADDRESSES: Submit your comments, identified by docketidentification
(ID) number EPA-HQ-OPP-2005-0253, by one of the following methods:
https://www.regulations.gov/. Follow the on-line
instructions for submitting comments.
Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
Hand Delivery: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA.
Attention: Docket ID number EPA-HQ-OPP-2005-0253. The docket
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the docket facility
is (703) 305-5805. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0253. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at https://www.regulations.gov/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be captured automatically and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/docket.htm/.
Docket: All documents in the docket are listed in the
regulation.gov index. Although listed in the index, some information is
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically at
https://www.regulations.gov/ or in hard copy at the Public Information
and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA. The docket facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the docket facility is (703) 305-
5805.
[[Page 14520]]
FOR FURTHER INFORMATION CONTACT: Susan Bartow, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 603-0065; fax
number: (703) 308-8041; e-mail address: bartow.susan@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. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes 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 docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing your Comments. When submitting comments,
remember to:
i. Identify the document by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background on the Receipt of Requests to Amend Registrations to
Delete Uses
This notice announces receipt by EPA of a request from registrant
ABERCO, Inc. to voluntarily terminate bird seed uses of 47870-1, 47870-
2, and 47870-3 PPO product registrations. PPO is an insecticidal
fumigant used on several food items such as processed spices, cocoa
(beans and powder), and in-shell and processed nutmeats (except
peanuts). PPO also has nonfood uses for bird seeds, cosmetic articles,
gums, ores, packaging, pigments, pharmaceutical materials, and
discarded nut shells prior to disposal. In a letter dated January 26,
2006, ABERCO, Inc. requested EPA to terminate PPO's use on bird seed
for pesticide product registrations identified in this notice (Table
1). Specifically, ABERCO, Inc. requests that the nonfood use of PPO as
an insecticidal fumigant for the control of stored product insects in
bird seed be terminated. ABERCO, Inc. requests provisions for sale,
distribution, and use of existing stocks, as EPA defined that term in a
document published on June 26, 1991 at 56 Fed. Reg. 29362, as follows:
1. Registrants may sell and distribute existing stocks for one year
from the date of this letter making the use termination request, and
2. The product may be sold, distributed, and used by people other
than the registrant until their stocks have been exhausted, provided
that such sale, distribution, and use complies with the EPA-approved
label and labeling of the product. There will be no more PPO pesticide
products registered in the United States for bird seed use.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from a registrant
to terminate bird seed uses of PPO product registrations. The affected
products and the registrant making the requests are identified in Table
1 of this unit.
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or termination of any minor
agricultural use before granting the request, unless:
1. The registrants request a waiver of the comment period, or
2. The Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
The PPO registrant has requested that EPA waive the 180-day
comment period. EPA will provide a 30-day comment period on the
proposed requests.
Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued amending the affected registrations.
Table 1.-- PPO Product Registrations with Pending Requests for Amendment
------------------------------------------------------------------------
Registration No. Product name Company
------------------------------------------------------------------------
47870-1 Propylene Oxide ABERCO, Inc.
------------------------------------------------------------------------
47870-2 Propylene Oxide ABERCO, Inc.
Technical
------------------------------------------------------------------------
47870-3 Propoxide 892 ABERCO, Inc.
------------------------------------------------------------------------
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.
[[Page 14521]]
V. Procedures for Withdrawal of Request and Considerations for
Reregistration of PPO
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 April 21, 2006. 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 products(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.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action.
In any order issued in response to this request for amendment(s)
to terminate bird seed use, the Agency proposes to include the
following provisions for the treatment of any existing stocks of the
products identified or referenced in Table 1:
1. The registrant may sell and distribute existing stocks for one
year from the date of this letter making the use termination request,
and
2. The product may be sold, distributed, and used by people other
than the registrant until their stocks have been exhausted, provided
that such sale, distribution, and use complies with the EPA-approved
label and labeling of the product.
If the request for voluntary termination is granted as discussed
above, the Agency intends to issue a cancellation order that will allow
persons other than the registrant to continue to sell and/or use
existing stocks of cancelled products until such stocks are exhausted,
provided that such use is consistent with the terms of the previously
approved lable on, or that accompanied, the cancelled product. The
order will specifically prohibit any use of existing stocks that is non
consistent with such previously approved labeling. If, as the Agency
currently intends, the final cancellation order contains the existing
stocks provision just described, the order will be sent only to the
affected registrants of the cancelled products. If the Agency
determines that the final cancellation order should contain existing
stocks provisions different than the ones just described, the Agency
will publish the cancellation order in the Federal Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: March 9, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 06-2713 Filed 3-21-06; 8:45 am]
BILLING CODE 6560-50-S
