Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations and Amend to Terminate Certain Uses, 58958-58962 [E8-23552]
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58958
Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices
late comments. The Agency will
carefully consider all comments
received by the closing date and will
provide a Response to Comments
Memorandum in the Dockets and
www.regulations.gov. The final
registration review decisions will
explain the effect that any comments
have had on the decisions.
Background on the registration review
program is provided at: https://
www.epa.gov/oppsrrd1/
registration_review/. Quick links to
earlier documents related to the
registration review of this pesticide are
provided at: https://www.epa.gov/
oppsrrd1/registration_review/
reg_review_status.htm/. Additional
information about biopesticides can be
obtained by an alphabetical search of
the Biopesticide Active Ingredient Fact
Sheets on https://www.epa.gov/
oppbppd1/biopesticides/ingredients/
index.htm
B. What is the Agency’s Authority for
Taking this Action?
FIFRA section 3(g) and 40 CFR 155.40
provide authority for this action.
List of Subjects
Environmental protection, registration
review, pesticides, and pests.
Dated: September 29, 2008.
Janet L. Andersen,
Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
[FR Doc. E8–23386 Filed 10–7–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2008–0722; FRL–8385–2]
Notice of Receipt of Requests to
Voluntarily Cancel Certain Pesticide
Registrations and Amend to Terminate
Certain Uses
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: In accordance with section
6(f)(1) of the Federal Insecticide,
Product Manager
jlentini on PROD1PC65 with NOTICES
Susan Bartow
VerDate Aug<31>2005
Fungicide, and Rodenticide Act
(FIFRA), as amended, EPA is issuing a
notice of receipt of requests by the
registrants to voluntarily cancel and
amend their registrations to terminate
uses of certain products. 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: Unless a request is withdrawn by
November 7, 2008, orders will be issued
canceling these registrations. The
Agency will consider withdrawal
requests postmarked no later than
November 7, 2008. Comments must be
received on or before November 7, 2008.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2008–0722, 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 (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’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 Facility telephone number is
(703) 305–5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2008–
0722. 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://
Office Location for Mail
and Special Courier
Pesticides
ETO,
methamidophos
18:10 Oct 07, 2008
Jkt 217001
Telephone
Number
Special Review and Registration Div.
Office of Pesticide Programs (7508P)
Environmental Protection Agency
1200 Pennsylvania Ave., NW.
Washington, DC 20460–0001
PO 00000
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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 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 available
at https://www.regulations.gov. 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 either in the
electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
(703) 603–0065
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E-mail Address
bartow.susan@epa.gov
08OCN1
Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices
Product Manager
Office Location for Mail
and Special Courier
Pesticides
Telephone
Number
58959
E-mail Address
Andrea Carone
Thiram
Special Review and Registration Div.
Office of Pesticide Programs (7508P)
Environmental Protection Agency
1200 Pennsylvania Ave., NW.
Washington, DC 20460–0001
(703) 308–0122
carone.andrea@epa.gov
Wilhelmena Livingston
Chloroneb,
pronamide
Special Review and Registration Div.
Office of Pesticide Programs (7508P)
Environmental Protection Agency
1200 Pennsylvania Ave., NW.
Washington, DC 20460–0001
(703) 308–8025
livingston.wilhelmena@epa.gov
Joy Schnackenbeck
Aldicarb
Special Review and Registration Div.
Office of Pesticide Programs (7508P)
Environmental Protection Agency
1200 Pennsylvania Ave., NW.
Washington, DC 20460–0001
(703) 308–8072
schnackenbeck.joy@epa.gov
SUPPLEMENTARY INFORMATION:
I. General Information
jlentini on PROD1PC65 with NOTICES
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
appropriate 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
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
VerDate Aug<31>2005
18:10 Oct 07, 2008
Jkt 217001
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 Cancel and Amend
Registrations to Delete Uses
This notice announces receipt by EPA
of requests from registrants to cancel 1
and amend to terminate uses of 29
product registrations. Registrants
requested EPA to cancel affected
product registrations and amend to
terminate uses of pesticide product
registrations identified in Tables 1 and
2 of Unit III.
III. What Action is the Agency Taking?
This notice announces receipt by EPA
of requests from 8 registrants to cancel
and amend to terminate uses of a total
of 30 product registrations. The affected
products and the registrants making the
requests are identified in Tables 1–3 of
this unit.
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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.
A request to waive the 180–day
comment period has been received for
all registrations included in this notice:
000264–00330, 000264–00426, 000264–
00729, 000264–00741, 000264–00744,
000264–01020, 000264–AR–81–0044,
000264–AR–87–0007, 000264–CA–79–
0188, 000264–MS–81–0014, 000264–
MS–81–0055, 010330–00016, 010330–
00018, 010330–00021, 036736–00002,
036736–00003, 036736–00004, 036736–
00005, 036736–00006, 036736–00007,
036736–00008, 400–434, 045728–00001,
045728–00021, 062719–00391, 062719–
00578, 062719–00397, 067470–00006,
067470–00007, and 073782–00002.
Unless a request is withdrawn by the
registrant within the 30–day window
established in this notice, or if the
Agency determines that there are
substantive comments that warrant
further review of this request, an order
will be issued canceling and amending
the affected registrations.
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Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices
TABLE 1.—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION
EPA Registration Number
Product Name
073782–00002
Demosan 65W
Active Ingredient
Chloroneb
TABLE 2.—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT
Registration Number
Product Name
Active Ingredient
Delete From Use
Temik brand 15 grams (g)
aldicarb pesticide
Aldicarb
Alfalfa grown for coffee,
ornamentals, pecans, seed,
sorghum, sugarcane, tobacco
000264–00426
Temik brand 15g aldicarb pesticide for sale and use in CA
Aldicarb
Alfalfa grown for coffee,
ornamentals, pecans, seed,
sorghum, sugarcane, tobacco
000264–00729
Monitor 4
Methamidophos
Cotton
000264–00741
Monitor technical
Methamidophos
Cotton
000264–00744
Monitor 60% concentrate
Methamidophos
Cotton
000264–01020
Monitor 4 spray
Methamidophos
Cotton
000264–AR–81–0044
Monitor 4
Methamidophos
Cotton
000264–AR–87–0007
Monitor 4
Methamidophos
Cotton
000264–CA–79–0188
Monitor 4
Methamidophos
Cotton
000264–MS–81–0014
Monitor 4
Methamidophos
Cotton
000264–MS–81–0055
Monitor 4
Methamidophos
Cotton
010330–00016
Ethylene oxide 10% and carbon dioxide sterilizing gas
ETO
Basil
010330–00018
20% Ethylene oxide and 80%
carbon dioxide sterilizing
gas
ETO
Basil
010330–00021
8.5% Ethylene oxide and carbon dioxide sterilizing gas
ETO
Basil
036736–00002
Ethylene oxide 100%
ETO
Basil
036736–00003
Sterilizing gas 3
ETO
Basil
036736–00004
Sterilizing gas 4
ETO
Basil
036736–00005
Sterilizing gas 5
ETO
Basil
036736–00006
Sterilizing gas 6
ETO
Basil
036736–00007
Sterilizing gas 8
ETO
Basil
036736–00008
Ethylene oxide – MUP
ETO
Basil
045728–00001
Thiram technical
Thiram
Athletic fields, commercial
areas, homeowner fungicide, homeowner turf,
parks, sod
045728–00021
jlentini on PROD1PC65 with NOTICES
000264–00330
Thiram 75WP fruit, turf, and
vegetable fungicide
Thiram
Athletic fields, commercial
areas, homeowner fungicide, homeowner turf,
parks, sod
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Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices
58961
TABLE 2.—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT—Continued
Registration Number
Product Name
Active Ingredient
Delete From Use
400–434
Thiram 480 DP
Thiram
Athletic fields, commercial
areas, homeowner fungicide, homeowner turf,
parks, sod
062719–00391
Kerb 50-W selective herbicide
Pronamide
All residential uses
062719–00397
Kerb 50-W herbicide in WSP
Pronamide
All residential uses
062719–00578
Kerb 3.3 SC
Pronamide
All residential uses
067470–00006
Ethylene oxide
ETO
Basil
067470–00007
Ethylene oxide 100 R
ETO
Basil
Table 3 of this unit includes the
names and addresses of record for the
registrants of the products listed in
Table 1 and Table 2 of this unit.
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
TABLE 3.—REGISTRANTS REQUESTING pesticide registrations be canceled or
VOLUNTARY CANCELLATION AND amended to terminate one or more uses.
FIFRA further provides that, before
AMENDMENTS
acting on the request, EPA must publish
a notice of receipt of any such request
EPA Company
Company Name and
Number
Address
in the Federal Register. Thereafter,
following the public comment period,
000264
Bayer Crop Science, LP
the Administrator may approve such a
2 T.W., Alexander Dr.
request.
Research Triangle Park,
NC 27709
010330
Praxair, Inc.
39 Old Ridgebury Rd.
Danbury, CT 06810–
5113
036736
Balchem Corporation
P.O. Box 600
New Hampton, NY
10958
400
Chemtura Corporation
199 Benson Rd.
Middlebury, CT 06749
045728
Taminco, Inc.
21320 Sweet Clover Pl.
Ashburn, VA 20147
062719
Dow Agrosciences,
LLLC
9330 Zionsville Rd. 308/
2e
Indianapolis, IN 46268–
1054
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067470
073782
VerDate Aug<31>2005
Honeywell Specialty
Chemicals NIC-4
101 Columbia Rd.
Morristown, NJ 07962–
1139
Kincaid, Inc.
2805 North Ridge Dr.
P.O. Box 490
Athens, TN 37371
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V. Procedures for Withdrawal of
Request and Considerations for
Reregistration
Registrants who choose to withdraw a
request for cancellation must submit
such withdrawal in writing to the
appropriate person listed under FOR
FURTHER INFORMATION CONTACT,
postmarked before November 7, 2008.
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.
A. Methamidophos
On April 7, 2002, EPA signed the
Interim Reregistration Eligibility
Decision (IRED) for methamidophos.
That IRED specified risk mitigation
measures including: ‘‘Implement a 5–
year phase out of the use on cotton.’’ In
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accordance with the IRED, Bayer
CropScience has submitted a request to
voluntarily terminate all cotton uses of
the methamidophos products listed in
Table 2 of Unit III. effective September
30, 2009.
Provisions for the sale, disposition,
and use of existing stocks of
methamidophos products include the
following:
1. All sale or distribution by the
registrant of existing stocks labeled for
use on cotton is prohibited after
September 30, 2009, unless that sale or
distribution is solely for the purpose of
facilitating disposal or export of the
product.
2. Existing stocks labeled for use on
cotton may be sold and distributed by
persons other than the registrant until
July 31, 2010.
3. Existing stocks labeled for use on
cotton may be used until September 30,
2010, provided that such use complies
with the EPA-approved label and
labeling of the product.
B. Other Chemicals Addressed in this
Order
If the request for voluntary
cancellation and use terminations is
granted as discussed in this unit, 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 canceled 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 canceled 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 canceled
products. If the Agency determines that
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Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices
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: September 25, 2008.
Steven Bradbury,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E8–23552 Filed 10–7–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2008–0046; FRL–8383–7]
Notice of Receipt of Several Pesticide
Petitions Filed for Residues of
Pesticide Chemicals in or on Various
Commodities
Environmental Protection
Agency (EPA).
ACTION: Notice.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: This notice announces the
Agency’s receipt of several initial filing
of pesticide petitions proposing the
establishment or modification of
regulations for residues of pesticide
chemicals in or on various commodities.
DATES: Comments must be received on
or before November 7, 2008.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number and the pesticide petition
number (PP) of interest as shown in the
body of this document, 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 (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’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 Facility telephone number is
(703) 305–5805.
Instructions: Direct your comments to
the docket ID number and the pesticide
petition number of interest as shown in
VerDate Aug<31>2005
18:10 Oct 07, 2008
Jkt 217001
the body of this document. 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
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 available
at https://www.regulations.gov. 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 either in the
electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT: A
contact person is listed at the end of
each pesticide petition summary and
may be contacted by telephone or email. The mailing address for each
contact person listed is: Registration
Division (7505P), Office of Pesticide
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Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW,
Washington, DC 20460–0001.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed at the end of the
pesticide petition summary of interest.
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
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
E:\FR\FM\08OCN1.SGM
08OCN1
]]>Agencies
[Federal Register Volume 73, Number 196 (Wednesday, October 8, 2008)]
[Notices]
[Pages 58958-58962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23552]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0722; FRL-8385-2]
Notice of Receipt of Requests to Voluntarily Cancel Certain
Pesticide Registrations and Amend to Terminate Certain Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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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 the registrants to voluntarily cancel
and amend their registrations to terminate uses of certain products.
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: Unless a request is withdrawn by November 7, 2008, orders will
be issued canceling these registrations. The Agency will consider
withdrawal requests postmarked no later than November 7, 2008. Comments
must be received on or before November 7, 2008.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0722, 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 (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility'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 Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2008-0722. 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 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
available at https://www.regulations.gov. 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 either in the electronic
docket at https://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT:
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Office Location
Product Manager Pesticides for Mail and Telephone Number E-mail Address
Special Courier
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Susan Bartow ETO, methamidophos Special Review and (703) 603-0065 bartow.susan@epa.g
Registration Div. ov
Office of
Pesticide
Programs (7508P).
Environmental
Protection Agency.
1200 Pennsylvania
Ave., NW..
Washington, DC
20460-0001.
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[[Page 58959]]
Andrea Carone Thiram Special Review and (703) 308-0122 carone.andrea@epa.
Registration Div. gov
Office of
Pesticide
Programs (7508P).
Environmental
Protection Agency.
1200 Pennsylvania
Ave., NW..
Washington, DC
20460-0001.
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Wilhelmena Livingston Chloroneb, Special Review and (703) 308-8025 livingston.wilhelm
pronamide Registration Div. ena@epa.gov
Office of
Pesticide
Programs (7508P).
Environmental
Protection Agency.
1200 Pennsylvania
Ave., NW..
Washington, DC
20460-0001.
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Joy Schnackenbeck Aldicarb Special Review and (703) 308-8072 schnackenbeck.joy@
Registration Div. epa.gov
Office of
Pesticide
Programs (7508P).
Environmental
Protection Agency.
1200 Pennsylvania
Ave., NW..
Washington, DC
20460-0001.
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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
appropriate 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
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 Cancel and Amend
Registrations to Delete Uses
This notice announces receipt by EPA of requests from registrants
to cancel 1 and amend to terminate uses of 29 product registrations.
Registrants requested EPA to cancel affected product registrations and
amend to terminate uses of pesticide product registrations identified
in Tables 1 and 2 of Unit III.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of requests from 8 registrants
to cancel and amend to terminate uses of a total of 30 product
registrations. The affected products 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.
A request to waive the 180-day comment period has been received for
all registrations included in this notice: 000264-00330, 000264-00426,
000264-00729, 000264-00741, 000264-00744, 000264-01020, 000264-AR-81-
0044, 000264-AR-87-0007, 000264-CA-79-0188, 000264-MS-81-0014, 000264-
MS-81-0055, 010330-00016, 010330-00018, 010330-00021, 036736-00002,
036736-00003, 036736-00004, 036736-00005, 036736-00006, 036736-00007,
036736-00008, 400-434, 045728-00001, 045728-00021, 062719-00391,
062719-00578, 062719-00397, 067470-00006, 067470-00007, and 073782-
00002.
Unless a request is withdrawn by the registrant within the 30-day
window established in this notice, or if the Agency determines that
there are substantive comments that warrant further review of this
request, an order will be issued canceling and amending the affected
registrations.
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Table 1.--Product Registrations With Pending Requests for Cancellation
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EPA Registration Number Product Name Active Ingredient
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073782-00002 Demosan 65W Chloroneb
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Table 2.--Product Registrations With Pending Requests for Amendment
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Registration Number Product Name Active Ingredient Delete From Use
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000264-00330 Temik brand 15 grams (g) Aldicarb Alfalfa grown for
aldicarb pesticide coffee, ornamentals,
pecans, seed, sorghum,
sugarcane, tobacco
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000264-00426 Temik brand 15g aldicarb Aldicarb Alfalfa grown for
pesticide for sale and coffee, ornamentals,
use in CA pecans, seed, sorghum,
sugarcane, tobacco
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000264-00729 Monitor 4 Methamidophos Cotton
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000264-00741 Monitor technical Methamidophos Cotton
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000264-00744 Monitor 60% concentrate Methamidophos Cotton
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000264-01020 Monitor 4 spray Methamidophos Cotton
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000264-AR-81-0044 Monitor 4 Methamidophos Cotton
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000264-AR-87-0007 Monitor 4 Methamidophos Cotton
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000264-CA-79-0188 Monitor 4 Methamidophos Cotton
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000264-MS-81-0014 Monitor 4 Methamidophos Cotton
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000264-MS-81-0055 Monitor 4 Methamidophos Cotton
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010330-00016 Ethylene oxide 10% and ETO Basil
carbon dioxide
sterilizing gas
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010330-00018 20% Ethylene oxide and ETO Basil
80% carbon dioxide
sterilizing gas
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010330-00021 8.5% Ethylene oxide and ETO Basil
carbon dioxide
sterilizing gas
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036736-00002 Ethylene oxide 100% ETO Basil
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036736-00003 Sterilizing gas 3 ETO Basil
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036736-00004 Sterilizing gas 4 ETO Basil
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036736-00005 Sterilizing gas 5 ETO Basil
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036736-00006 Sterilizing gas 6 ETO Basil
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036736-00007 Sterilizing gas 8 ETO Basil
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036736-00008 Ethylene oxide - MUP ETO Basil
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045728-00001 Thiram technical Thiram Athletic fields,
commercial areas,
homeowner fungicide,
homeowner turf, parks,
sod
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045728-00021 Thiram 75WP fruit, turf, Thiram Athletic fields,
and vegetable fungicide commercial areas,
homeowner fungicide,
homeowner turf, parks,
sod
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[[Page 58961]]
400-434 Thiram 480 DP Thiram Athletic fields,
commercial areas,
homeowner fungicide,
homeowner turf, parks,
sod
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062719-00391 Kerb 50-W selective Pronamide All residential uses
herbicide
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062719-00397 Kerb 50-W herbicide in Pronamide All residential uses
WSP
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062719-00578 Kerb 3.3 SC Pronamide All residential uses
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067470-00006 Ethylene oxide ETO Basil
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067470-00007 Ethylene oxide 100 R ETO Basil
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Table 3 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 and Table 2 of this
unit.
Table 3.--Registrants Requesting Voluntary Cancellation and Amendments
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EPA Company Number Company Name and Address
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000264 Bayer Crop Science, LP
2 T.W., Alexander Dr.
Research Triangle Park, NC
27709
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010330 Praxair, Inc.
39 Old Ridgebury Rd.
Danbury, CT 06810-5113
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036736 Balchem Corporation
P.O. Box 600
New Hampton, NY 10958
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400 Chemtura Corporation
199 Benson Rd.
Middlebury, CT 06749
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045728 Taminco, Inc.
21320 Sweet Clover Pl.
Ashburn, VA 20147
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062719 Dow Agrosciences, LLLC
9330 Zionsville Rd. 308/2e
Indianapolis, IN 46268-1054
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067470 Honeywell Specialty
Chemicals NIC-4
101 Columbia Rd.
Morristown, NJ 07962-1139
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073782 Kincaid, Inc.
2805 North Ridge Dr.
P.O. Box 490
Athens, TN 37371
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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.
V. Procedures for Withdrawal of Request and Considerations for
Reregistration
Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the appropriate person listed
under FOR FURTHER INFORMATION CONTACT, postmarked before November 7,
2008. 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.
A. Methamidophos
On April 7, 2002, EPA signed the Interim Reregistration
Eligibility Decision (IRED) for methamidophos. That IRED specified risk
mitigation measures including: ``Implement a 5-year phase out of the
use on cotton.'' In accordance with the IRED, Bayer CropScience has
submitted a request to voluntarily terminate all cotton uses of the
methamidophos products listed in Table 2 of Unit III. effective
September 30, 2009.
Provisions for the sale, disposition, and use of existing stocks of
methamidophos products include the following:
1. All sale or distribution by the registrant of existing stocks
labeled for use on cotton is prohibited after September 30, 2009,
unless that sale or distribution is solely for the purpose of
facilitating disposal or export of the product.
2. Existing stocks labeled for use on cotton may be sold and
distributed by persons other than the registrant until July 31, 2010.
3. Existing stocks labeled for use on cotton may be used until
September 30, 2010, provided that such use complies with the EPA-
approved label and labeling of the product.
B. Other Chemicals Addressed in this Order
If the request for voluntary cancellation and use terminations is
granted as discussed in this unit, 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 canceled 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 canceled 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 canceled products.
If the Agency determines that
[[Page 58962]]
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: September 25, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-23552 Filed 10-7-08; 8:45 am]
BILLING CODE 6560-50-S
