Napropamide and MCPA; Notice of Receipt of Requests to Amend to Terminate Uses of Napropamide and MCPA Pesticide Registrations, 24687-24690 [E6-6302]
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Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Notices
Sodium-orthophenylphenol is
formulated as an inert ingredient in
products including: Turf insecticides
and herbicides; garden and ornamental
insecticides and herbicides; insect
repellant for pets; and indoor/outdoor
crack and crevice insecticides.
The Agency’s risk assessments for
orthophenylphenol and salts identified
residential and occupational risks of
concern for some exposure scenarios.
Because limited information is available
for some exposure scenarios,
conservative assumptions were
sometimes used in the risk assessments.
EPA is providing an opportunity,
through this notice, for interested
parties to provide comments and input
on the Agency’s risk assessments for
orthophenylphenol and salts. Such
comments and input could address, for
example, the availability of additional
data to further refine the risk
assessments or could address the
Agency’s risk assessment methodologies
and assumptions as applied to this
specific pesticide. Through this notice,
EPA is providing an opportunity for
interested parties to provide risk
management proposals.
EPA seeks to achieve environmental
justice, the fair treatment and
meaningful involvement of all people,
regardless of race, color, national origin,
or income, in the development,
implementation, and enforcement of
environmental laws, regulations, and
policies. To help address potential
environmental justice issues, the
Agency seeks information on any groups
or segments of the population who, as
a result of their location, cultural
practices, or other factors, may have
atypical, unusually high exposure to
orthophenylphenol and salts, compared
to the general population.
EPA is applying the principles of
public participation to all pesticides
undergoing reregistration and tolerance
reassessment. The Agency’s Pesticide
Tolerance Reassessment and
Reregistration; Public Participation
Process, published in the Federal
Register on May 14, 2004 (69 FR 26819)
(FRL–7357–9), explains that in
conducting these programs, the Agency
is tailoring its public participation
process to be commensurate with the
level of risk, extent of use, complexity
of the issues, and degree of public
concern associated with each pesticide.
For orthophenylphenol and salts, a
modified, 4-Phase process with one
comment period and ample opportunity
for public consultation seems
appropriate in view of its refined risk
assessments, few complex issues, and
other factors. However, if as a result of
comments received during this
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comment period EPA finds that
additional issues warranting further
discussion are raised, the Agency may
lengthen the process and include a
second comment period, as needed.
All comments should be submitted
using the methods in ADDRESSES, and
must be received by EPA on or before
the closing date. Comments will become
part of the Agency Docket for
orthophenylphenol and salts. Comments
received after the close of the comment
period will be marked ‘‘late.’’ EPA is not
required to consider these late
comments.
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 enduse products and either reregistering
products or taking other ‘‘appropriate
regulatory action.’’
Section 408(q) of the 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,
Orthophenyphenol and salts, Pesticides
and pests, 2-Phenylphenol.
Dated: April 19, 2006.
Frank Sanders,
Director, Antimicrobials Division, Office of
Pesticide Programs.
[FR Doc. E6–6307 Filed 4–25–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2004–0162; FRL–8059–2]
Napropamide and MCPA; Notice of
Receipt of Requests to Amend to
Terminate Uses of Napropamide and
MCPA 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
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notice of receipt of requests by
registrants to amend napropamide and
MCPA registrations to terminate certain
uses. The requests would terminate
MCPA use on rice and grain sorghum as
well as terminate napropamide uses on
pistachio, walnut, grapefruit, lemon,
nectarine, orange, tangerine, tangelo,
apricot, cherry, peach, plum, prune,
apple, pear, fig, avocado, pomegranate,
artichoke, and olive. The requests
would not terminate the last
napropamide or MCPA products
registered for use in the United States.
EPA intends to grant these requests 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 requests, or unless
the registrants withdraw their requests
within this period. Upon acceptance of
these requests, 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 May 26, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2004–0162, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502C),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Hand Delivery: OPP Regulatory
Public Docket, Environmental
Protection Agency, Rm. 119, Crystal
Mall #2, 1801 S. Bell St., Arlington, VA.
Deliveries are only accepted during the
Docket’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket telephone number is (703) 305–
5805.
• Important Note: OPP will be
moving to a new location the first week
of May 2006. As a result, from Friday,
April 28 to Friday, May 5, 2006, the
OPP Regulatory Public Docket will NOT
be accepting any deliveries at the
Crystal Mall #2 address and this facility
will be closed to the public. Beginning
on May 8, 2006, the OPP Regulatory
Public Docket will reopen at 8:30 a.m.
and deliveries will be accepted in Rm.
S–4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive,
Arlington, VA 22202. The mail code for
the mailing address will change to
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(7502P), but will otherwise remain the
same. The OPP Regulatory Public
Docket telephone number and hours of
operation will remain the same after the
move.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2004–
0162. EPA’s policy is that all comments
received will be included in the 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 Federal 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 email address will be automatically
captured and included as part of the
comment that is placed in the 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.
Docket: All documents in the docket
are listed in the docket 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,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available in the electronic
docket at https://www.regulations.gov,
or, if only available in hard copy, at the
OPP Regulatory Public Docket at the
location identified under ‘‘Delivery’’
and ‘‘Important Note.’’ The hours of
operation for this docket facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The docket telephone number
is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT: For
napropamide: Demson Fuller, Special
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Review and Reregistration Division
(7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–8062, fax number: (703) 308–
8041; e-mail address:
fuller.demson@epa.gov.
For MCPA: Kelly Sherman, Special
Review and Reregistration Division
(7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–8401; fax: (703) 308–8041; email address: sherman.kelly@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 ID
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
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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 dated September 30, 2005
from registrant United Phosphorus, Inc.,
to terminate certain uses of the
following napropamide products:
70506–31, 70506–33, 70506–34, 70506–
35, 70506–36, 70506–37, 70506–38,
70506–39, 70506–63, and 70506–64.
Napropamide is an herbicide used to
control broadleaf weeds and grasses on
various fruit and vegetable crops.
Specifically, United Phosphorus, Inc.
requests use deletions of pistachio,
walnut, grapefruit, lemon, nectarine,
orange, tangerine, tangelo, apricot,
cherry, peach, plum, prune, apple, pear,
fig, avocado, pomegranate, artichoke,
and olive. These use deletions will not
terminate the last pesticide product
registered for these uses in the United
States. For additional information, refer
to https://www.regulations.gov with the
napropamide legacy docket number:
OPP–2004–0162; (69 FR 52261, August
25, 2004) (FRL–7370–9).
This notice also announces receipt by
EPA of requests dated August 30, 2004,
August 31, 2004, and March 10, 2006
from the MCPA Task Force Three on
behalf of registrants Nufarm Limited,
Nufarm UK Limited, Nufarm BV,
Nufarm Platte Pty Ltd., A.H. Marks &Co.
Ltd., and Dow Agrosciences LLC to
terminate certain uses of the following
MCPA products: 11685–13, 11685–14,
11685–22, 15440–7, 35935–8, 35935–9,
62719–60, 67591–2, 70596–1, 11685–15,
11685–24, 15440–9, and 62719–64.
MCPA is an herbicide used to control
broadleaf weeds on various grains and
grasses. Specifically, the MCPA Task
Force Three requests termination of
MCPA use on rice and grain sorghum.
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These use deletions will not terminate
the last pesticide product registered in
the United States for these uses. For
additional information, refer to
www.regulations.gov with the MCPA
legacy docket number: OPP–2004–0156;
(69 FR 35017, June 23, 2004) (FRL–
7365–6).
III. What Action is the Agency Taking?
This notice announces receipt by EPA
of requests from several registrants to
delete certain uses of napropamide and
MCPA product registrations. The
affected registrations and the registrants
making the requests are identified in
Tables 1–3 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 napropamide and MCPA
registrants have 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 a
registrant within 30 days of publication
of this notice in the Federal Register, or
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.—NAPROPAMIDE PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT
Registration No.
Product name
Company
Use Sites
70506–31
Devrinol 4–F Selective Herbicide Flowable
United Phosphorus,
Inc.
Pistachio, walnut, grapefruit, lemon, nectarine, orange, tangerine, tangelo, apricot, cherry, peach, plum, prune, apple,
pear, fig, avocado, pomegranate, artichoke, and olive
70506–33
Devrinol 2–G Ornamental Selective Herbicide
Do.
Do.
70506–34
Devrinol 10–G Selective Herbicide
Do.
Do.
70506–35
Devrinol Technical Selective Herbicide
Do.
Do.
70506–36
Devrinol 50 DF Selective Herbicide
Do.
Do.
70506–37
Devrinol 4–F Ornamental Selective Herbicide
Do.
Do.
70506–38
Devrinol 50-DF Ornamental Herbicide
Do.
Do.
70506–39
Devrinol Lawn and Ornamental Selective Herbicide
Do.
Do.
TABLE 2.—MCPA PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT
Registration No.
Product name
Company
Use Sites
MCPA Technical Acid
Nufarm UK Limited
Rice and grain sorghum
11685–14
MCPA Technical Acid
Do.
Do.
11685–22
U–46 MCPA Acid
Do.
Do.
11685–15
Technical MCPA IOE
Do.
Do.
11685–24
Riverdale Technical MCPA IOE
Do.
Do.
15440–7
Technical MCPA Acid
A.H. Marks &Co. Limited
Do.
15440–9
Technical 2-Ethylhexyl Ester of MCPA
A.H. Marks &Co. Limited
Do.
35935–8
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11685–13
MCPA Technical Acid
Nufarm Limited
Do.
62719–64
MCPA 2–Ethylhexyl Ester Technical
Dow Agrosciences LLC
Do.
62719–60
MCPA Acid Technical
Dow Agrosciences LLC
Do.
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TABLE 2.—MCPA PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT—CONTINUED
Registration No.
Product name
Company
Use Sites
67591–2
MCPA Acid
Nufarm Platte Pty Ltd
Do.
70596–1
MCPA (Technical Grade)
Nufarm BV
Do.
Table 3 of this unit includes the
names and addresses of record for the
registrants of the products listed in
Tables 1 and 2 of this unit.
V. Procedures for Withdrawal of
Request and Considerations for
Reregistration of Napropamide or
MCPA
Registrants who choose to withdraw a
TABLE 3.—REGISTRANTS REQUESTING
request for cancellation must submit
VOLUNTARY
CANCELLATION
OR
such withdrawal in writing to the
AMENDMENTS
person listed under FOR FURTHER
EPA Company
No.
Company name and address
70506
United Phosphorus Inc.
423 Riverview Plaza
Trenton, NJ 08611
11685
Nufarm UK Limited
PMB 239, 7474
Creedmoor Road
Raleigh, NC 27613
15440
A.H. Marks &Co. Limited
PMB 239, 7474
Creedmoor Road
Raleigh, NC 27613
35935
Nufarm Limited
PMB 239, 7474
Creedmoor Road
Raleigh, NC 27613
62719
Dow Agrosciences LLC
PMB 239, 7474
Creedmoor Road
Raleigh, NC 27613
70596
Nufarm BV
PMB 239, 7474
Creedmoor Road
Raleigh, NC 27613
67591
Nufarm Platte Pty Ltd
PMB 239, 7474
Creedmoor Road
Raleigh, NC 27613
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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.
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INFORMATION CONTACT,
postmarked
before May 26, 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 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.
If the request for voluntary
cancellation or use 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 labeling on, or that
accompanied, the cancelled product.
The order will specifically prohibit any
use of existing stocks that is not
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.
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Dated: April 19, 2006.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E6–6302 Filed 4–25–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2006–0072; FRL–8063–6]
Notice of Filing of a Pesticide Petition
for Establishment of Regulations for
Residues of AE 0172747 and Its
Metabolite AE 1417268 in or on Various
Food/Feed Commodities
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
initial filing of a pesticide petition
proposing the establishment of
regulations for residues of AE 0172747
and its metabolite AE 1417268 in or on
various food and feed commodities.
DATES: Comments must be received on
or before May 26, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2006–0072 and
pesticide petition number (PP) 5F7009,
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502C),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460-0001.
• Hand Delivery: OPP Regulatory
Public Docket, Environmental
Protection Agency, Rm. 119, Crystal
Mall #2, 1801 S. Bell St., Arlington, VA.
Deliveries are only accepted during the
Docket’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket telephone number is (703) 3055805.
• Important Note: OPP will be moving
to a new location the first week of May
2006. As a result, from Friday, April 28
to Friday, May 5, 2006, the OPP
Regulatory Public Docket will NOT be
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]]>Agencies
[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Notices]
[Pages 24687-24690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6302]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2004-0162; FRL-8059-2]
Napropamide and MCPA; Notice of Receipt of Requests to Amend to
Terminate Uses of Napropamide and MCPA 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 requests by registrants to amend
napropamide and MCPA registrations to terminate certain uses. The
requests would terminate MCPA use on rice and grain sorghum as well as
terminate napropamide uses on pistachio, walnut, grapefruit, lemon,
nectarine, orange, tangerine, tangelo, apricot, cherry, peach, plum,
prune, apple, pear, fig, avocado, pomegranate, artichoke, and olive.
The requests would not terminate the last napropamide or MCPA products
registered for use in the United States. EPA intends to grant these
requests 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 requests, or unless
the registrants withdraw their requests within this period. Upon
acceptance of these requests, 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 May 26, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2004-0162, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502C), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Hand Delivery: OPP Regulatory Public Docket, Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA. Deliveries are only accepted during the Docket's normal
hours of operation (8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays). Special arrangements should be made for
deliveries of boxed information. The Docket telephone number is (703)
305-5805.
Important Note: OPP will be moving to a new location the
first week of May 2006. As a result, from Friday, April 28 to Friday,
May 5, 2006, the OPP Regulatory Public Docket will NOT be accepting any
deliveries at the Crystal Mall 2 address and this facility
will be closed to the public. Beginning on May 8, 2006, the OPP
Regulatory Public Docket will reopen at 8:30 a.m. and deliveries will
be accepted in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA 22202. The mail code for the mailing
address will change to
[[Page 24688]]
(7502P), but will otherwise remain the same. The OPP Regulatory Public
Docket telephone number and hours of operation will remain the same
after the move.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2004-0162. EPA's policy is that all comments received will be included
in the 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 Federal 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 automatically captured and
included as part of the comment that is placed in the 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.
Docket: All documents in the docket are listed in the docket
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, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at https://www.regulations.gov, or,
if only available in hard copy, at the OPP Regulatory Public Docket at
the location identified under ``Delivery'' and ``Important Note.'' The
hours of operation for this docket facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The docket
telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: For napropamide: Demson Fuller,
Special Review and Reregistration Division (7508C), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8062, fax
number: (703) 308-8041; e-mail address: fuller.demson@epa.gov.
For MCPA: Kelly Sherman, Special Review and Reregistration Division
(7508C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-8401; fax: (703) 308-8041; e-mail address:
sherman.kelly@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 ID 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 dated September
30, 2005 from registrant United Phosphorus, Inc., to terminate certain
uses of the following napropamide products: 70506-31, 70506-33, 70506-
34, 70506-35, 70506-36, 70506-37, 70506-38, 70506-39, 70506-63, and
70506-64. Napropamide is an herbicide used to control broadleaf weeds
and grasses on various fruit and vegetable crops. Specifically, United
Phosphorus, Inc. requests use deletions of pistachio, walnut,
grapefruit, lemon, nectarine, orange, tangerine, tangelo, apricot,
cherry, peach, plum, prune, apple, pear, fig, avocado, pomegranate,
artichoke, and olive. These use deletions will not terminate the last
pesticide product registered for these uses in the United States. For
additional information, refer to https://www.regulations.gov with the
napropamide legacy docket number: OPP-2004-0162; (69 FR 52261, August
25, 2004) (FRL-7370-9).
This notice also announces receipt by EPA of requests dated August
30, 2004, August 31, 2004, and March 10, 2006 from the MCPA Task Force
Three on behalf of registrants Nufarm Limited, Nufarm UK Limited,
Nufarm BV, Nufarm Platte Pty Ltd., A.H. Marks &Co. Ltd., and Dow
Agrosciences LLC to terminate certain uses of the following MCPA
products: 11685-13, 11685-14, 11685-22, 15440-7, 35935-8, 35935-9,
62719-60, 67591-2, 70596-1, 11685-15, 11685-24, 15440-9, and 62719-64.
MCPA is an herbicide used to control broadleaf weeds on various grains
and grasses. Specifically, the MCPA Task Force Three requests
termination of MCPA use on rice and grain sorghum.
[[Page 24689]]
These use deletions will not terminate the last pesticide product
registered in the United States for these uses. For additional
information, refer to www.regulations.gov with the MCPA legacy docket
number: OPP-2004-0156; (69 FR 35017, June 23, 2004) (FRL-7365-6).
III. What Action is the Agency Taking?
This notice announces receipt by EPA of requests from several
registrants to delete certain uses of napropamide and MCPA product
registrations. The affected registrations and the registrants making
the requests are identified in Tables 1-3 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 napropamide and MCPA registrants have 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 a registrant within 30 days of
publication of this notice in the Federal Register, or 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.--Napropamide Product Registrations with Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
Registration No. Product name Company Use Sites
----------------------------------------------------------------------------------------------------------------
70506-31 Devrinol 4-F Selective United Phosphorus, Inc. Pistachio, walnut,
Herbicide Flowable grapefruit, lemon,
nectarine, orange,
tangerine, tangelo,
apricot, cherry,
peach, plum, prune,
apple, pear, fig,
avocado, pomegranate,
artichoke, and olive
----------------------------------------------------------------------------------------------------------------
70506-33 Devrinol 2-G Ornamental Do. Do.
Selective Herbicide
----------------------------------------------------------------------------------------------------------------
70506-34 Devrinol 10-G Selective Do. Do.
Herbicide
----------------------------------------------------------------------------------------------------------------
70506-35 Devrinol Technical Do. Do.
Selective Herbicide
----------------------------------------------------------------------------------------------------------------
70506-36 Devrinol 50 DF Do. Do.
Selective Herbicide
----------------------------------------------------------------------------------------------------------------
70506-37 Devrinol 4-F Ornamental Do. Do.
Selective Herbicide
----------------------------------------------------------------------------------------------------------------
70506-38 Devrinol 50-DF Do. Do.
Ornamental Herbicide
----------------------------------------------------------------------------------------------------------------
70506-39 Devrinol Lawn and Do. Do.
Ornamental Selective
Herbicide
----------------------------------------------------------------------------------------------------------------
Table 2.--MCPA Product Registrations with Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
Registration No. Product name Company Use Sites
----------------------------------------------------------------------------------------------------------------
11685-13 MCPA Technical Acid Nufarm UK Limited Rice and grain sorghum
----------------------------------------------------------------------------------------------------------------
11685-14 MCPA Technical Acid Do. Do.
----------------------------------------------------------------------------------------------------------------
11685-22 U-46 MCPA Acid Do. Do.
----------------------------------------------------------------------------------------------------------------
11685-15 Technical MCPA IOE Do. Do.
----------------------------------------------------------------------------------------------------------------
11685-24 Riverdale Technical Do. Do.
MCPA IOE
----------------------------------------------------------------------------------------------------------------
15440-7 Technical MCPA Acid A.H. Marks &Co. Limited Do.
----------------------------------------------------------------------------------------------------------------
15440-9 Technical 2-Ethylhexyl A.H. Marks &Co. Limited Do.
Ester of MCPA
----------------------------------------------------------------------------------------------------------------
35935-8 MCPA Technical Acid Nufarm Limited Do.
----------------------------------------------------------------------------------------------------------------
62719-64 MCPA 2-Ethylhexyl Ester Dow Agrosciences LLC Do.
Technical
----------------------------------------------------------------------------------------------------------------
62719-60 MCPA Acid Technical Dow Agrosciences LLC Do.
----------------------------------------------------------------------------------------------------------------
[[Page 24690]]
Table 2.--MCPA Product Registrations with Pending Requests for Amendment--Continued
----------------------------------------------------------------------------------------------------------------
Registration No. Product name Company Use Sites
----------------------------------------------------------------------------------------------------------------
67591-2 MCPA Acid Nufarm Platte Pty Ltd Do.
----------------------------------------------------------------------------------------------------------------
70596-1 MCPA (Technical Grade) Nufarm BV Do.
----------------------------------------------------------------------------------------------------------------
Table 3 of this unit includes the names and addresses of record for
the registrants of the products listed in Tables 1 and 2 of this unit.
Table 3.--Registrants Requesting Voluntary Cancellation or Amendments
------------------------------------------------------------------------
EPA Company No. Company name and address
------------------------------------------------------------------------
70506 United Phosphorus Inc.
423 Riverview Plaza
Trenton, NJ 08611
------------------------------------------------------------------------
11685 Nufarm UK Limited
PMB 239, 7474 Creedmoor Road
Raleigh, NC 27613
------------------------------------------------------------------------
15440 A.H. Marks &Co. Limited
PMB 239, 7474 Creedmoor Road
Raleigh, NC 27613
------------------------------------------------------------------------
35935 Nufarm Limited
PMB 239, 7474 Creedmoor Road
Raleigh, NC 27613
------------------------------------------------------------------------
62719 Dow Agrosciences LLC
PMB 239, 7474 Creedmoor Road
Raleigh, NC 27613
------------------------------------------------------------------------
70596 Nufarm BV
PMB 239, 7474 Creedmoor Road
Raleigh, NC 27613
------------------------------------------------------------------------
67591 Nufarm Platte Pty Ltd
PMB 239, 7474 Creedmoor Road
Raleigh, NC 27613
------------------------------------------------------------------------
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.
V. Procedures for Withdrawal of Request and Considerations for
Reregistration of Napropamide or MCPA
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 May 26, 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 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.
If the request for voluntary cancellation or use 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 labeling on, or that accompanied, the cancelled
product. The order will specifically prohibit any use of existing
stocks that is not 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: April 19, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-6302 Filed 4-25-06; 8:45 am]
BILLING CODE 6560-50-S
