Fomesafen; Product Cancellation Order, 12851-12852 [E9-6260]

Download as PDF 12851 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices permit terms on small entities and how to craft the permit to avoid any undue burden on small entities.’’ Id. Accordingly, with respect to the NPDES permit that EPA was addressing in that Federal Register notice, EPA stated that ‘‘the Agency has considered and addressed the potential impact of the general permit on small entities in a manner that would meet the requirements of the RFA if it applied.’’ Id. Subsequent to EPA’s conclusion in 1998 that general permits are adjudications rather than rules, as noted above, the DC Circuit recently held that nationwide general permits under section 404 are ‘‘rules’’ rather than ‘‘adjudications.’’ Thus, this legal question remains ‘‘a difficult one’’ (supra). However, EPA continues to believe that there is a strong public policy interest in EPA applying the RFA’s framework and requirements to the Agency’s evaluation and consideration of the nature and extent of any economic impacts that a CWA general permit could have on small entities (e.g., small businesses). In this regard, EPA believes that the Agency’s evaluation of the potential economic impact that a general permit would have on small entities, consistent with the RFA framework discussed below, is relevant to, and an essential component of, the Agency’s assessment of whether a CWA general permit would place requirements on dischargers that are appropriate and reasonable. Furthermore, EPA believes that the RFA’s framework and requirements provide the Agency with the best approach for the Agency’s evaluation of the economic impact of general permits on small entities. While using the RFA framework to inform its assessment of whether permit requirements are appropriate and reasonable, EPA will also continue to ensure that all permits satisfy the requirements of the Clean Water Act. Accordingly, EPA has committed to operating in accordance with the RFA’s framework and requirements during the Agency’s issuance of CWA general permits (in other words, the Agency has committed that it will apply the RFA in its issuance of general permits as if those permits do qualify as ‘‘rules’’ that are subject to the RFA). I. General Information [EPA–HQ–OPP–2008–0893; FRL–8404–3] 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. Fomesafen; Product Cancellation Order AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces EPA’s order for the cancellation, voluntarily requested by the registrant and accepted by the Agency, of products containing the pesticide fomesafen, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a December 31, 2008 Federal Register Notice of Receipt of Request from the fomesafen registrant to voluntarily cancel all their fomesafen product registrations. Fomesafen is a pre-plant, pre-emergence and postemergence herbicide used on soybeans, snap beans, dry beans, and cotton. It is also registered for use on agricultural fallow/idleland, nonagricultural uncultivated areas/soils, pine (forest/ shelterbelt) and pine (seed orchard). These are not the last fomesafen products registered for use in the United States. In the December 31, 2008 Notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 30–day comment period that would merit its further review of these requests, or unless the registrant withdrew their request within this period. The Agency did not receive any comments on the notice. Further, the registrant did not withdraw their request. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the fomesafen products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions. Dated: March 4, 2009. Miguel I. Flores, Director, Water Quality Protection Division, EPA Region 6. [FR Doc. E9–6673 Filed 3–24–09; 8:45 am] DATES: The cancellations are effective March 25, 2009. FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–8025; fax number: (703) 308– 8005; e-mail address: livingston.wilhelmena@epa.gov. BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: Authority: Clean Water Act, 33 U.S.C. 1251 et seq. PWALKER on PROD1PC71 with NOTICES ENVIRONMENTAL PROTECTION AGENCY VerDate Nov<24>2008 01:23 Mar 25, 2009 Jkt 217001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 A. Does this Action Apply to Me? B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2008–0893. 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 Office of Pesticide Programs (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. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https://www.epa.gov/fedrgstr. II. What Action is the Agency Taking? This notice announces the cancellation, as requested by the registrant, of products registered under section 3 of FIFRA. These registrations are listed in sequence by registration number in Table 1 of this unit. TABLE 1.—FOMESAFEN PRODUCT CANCELLATIONS EPA Registration Number Product Name 7969–82 BAS 530 04 H Herbicide 7969–83 FASTERTM Herbicide Table 2 of this unit includes the name and address of record for the registrant of the products in Table 1 of this unit, in sequence by EPA company number. E:\FR\FM\25MRN1.SGM 25MRN1 12852 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices TABLE 2.—REGISTRANT OF CANCELED until existing stocks have been AND/OR AMENDED FOMESAFEN exhausted, provided that such sale, distribution, and use complies with the PRODUCTS EPA Company Number Company Name and Address 7969 BASF, 26 Davis Drive, Triangle Park, North Carolina 27709–3528 IV. Cancellation Order Pursuant to FIFRA section 6(f), EPA hereby approves the requested cancellation of fomesafen registrations identified in Table 1 of Unit II. Accordingly, the Agency orders that the fomesafen product registrations identified in Table 1 of Unit II are hereby canceled. Any distribution, sale, or use of existing stocks of the products identified in Table 1 of Unit II in a manner inconsistent with any of the Provisions for Disposition of Existing Stocks set forth in Unit VI. will be considered a violation of FIFRA. PWALKER on PROD1PC71 with NOTICES V. 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. 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. The cancellation order issued in this notice includes the following existing stocks provisions. Registrants may sell and distribute existing stocks for 1–year from the date of the cancellation request. The products may be sold, distributed, and used by people other than the registrant 01:23 Mar 25, 2009 Jkt 217001 List of Subjects Environmental protection, Pesticides and pests. III. Summary of Public Comments Received and Agency Response to Comments During the public comment period provided, EPA received no comments in response to the December 31, 2008 Federal Register (73 FR 80390; FRL– 8395–3) notice announcing the Agency’s receipt of the request for voluntary cancellations of fomesafen. VerDate Nov<24>2008 EPA-approved label and labeling of the product. Dated: February 25, 2009. Peter Caulkins, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E9–6260 Filed 3–24–09; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–ORD–2008–0649; FRL–8786–3] Board of Scientific Counselors (BOSC), Human Health Subcommittee Meetings—Fall 2008 and Winter 2009 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of meeting. SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92–463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of a meeting of the Board of Scientific Counselors (BOSC) Human Health Subcommittee. DATES: A teleconference call will be held on Tuesday, April 21, 2009, from 1 p.m. to 2 p.m. EDT. The meeting may adjourn early if all business is finished. Requests for the draft agenda or for making oral presentations at the meetings will be accepted up to one business day before each meeting. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– ORD–2008–0649, by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: Send comments by electronic mail (e-mail) to: ORD.Docket@epa.gov, Attention Docket ID No. EPA–HQ–ORD–2008–0649. • Fax: Fax comments to: (202) 566– 0224, Attention Docket ID No. EPA– HQ–ORD–2008–0649. • Mail: Send comments by mail to: Board of Scientific Counselors (BOSC), Human Health Subcommittee Meetings—Fall 2008 and Winter 2009 Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No. EPA–HQ–ORD–2008–0649. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 • Hand Delivery or Courier: Deliver comments to: EPA Docket Center (EPA/ DC), Room B102, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC, Attention Docket ID No. EPA–HQ–ORD–2008–0649. Note: This is not a mailing address. 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 No. EPA–HQ–ORD–2008– 0649. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online 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 https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site 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 https:// www.regulations.gov, your e-mail address will be automatically captured 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 https:// www.regulations.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 in https:// www.regulations.gov or in hard copy at E:\FR\FM\25MRN1.SGM 25MRN1

Agencies

[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Notices]
[Pages 12851-12852]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6260]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0893; FRL-8404-3]


Fomesafen; Product Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces EPA's order for the cancellation, 
voluntarily requested by the registrant and accepted by the Agency, of 
products containing the pesticide fomesafen, pursuant to section 
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), as amended. This cancellation order follows a December 31, 
2008 Federal Register Notice of Receipt of Request from the fomesafen 
registrant to voluntarily cancel all their fomesafen product 
registrations. Fomesafen is a pre-plant, pre-emergence and post-
emergence herbicide used on soybeans, snap beans, dry beans, and 
cotton. It is also registered for use on agricultural fallow/idleland, 
nonagricultural uncultivated areas/soils, pine (forest/shelterbelt) and 
pine (seed orchard). These are not the last fomesafen products 
registered for use in the United States. In the December 31, 2008 
Notice, EPA indicated that it would issue an order implementing the 
cancellations, unless the Agency received substantive comments within 
the 30-day comment period that would merit its further review of these 
requests, or unless the registrant withdrew their request within this 
period. The Agency did not receive any comments on the notice. Further, 
the registrant did not withdraw their request. Accordingly, EPA hereby 
issues in this notice a cancellation order granting the requested 
cancellations. Any distribution, sale, or use of the fomesafen products 
subject to this cancellation order is permitted only in accordance with 
the terms of this order, including any existing stocks provisions.

DATES: The cancellations are effective March 25, 2009.

FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review 
and Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8025; fax 
number: (703) 308-8005; e-mail address: livingston.wilhelmena@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. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under 
docket identification (ID) number EPA-HQ-OPP-2008-0893. 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 Office of Pesticide Programs (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.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at https://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    This notice announces the cancellation, as requested by the 
registrant, of products registered under section 3 of FIFRA. These 
registrations are listed in sequence by registration number in Table 1 
of this unit.

                Table 1.--Fomesafen Product Cancellations
------------------------------------------------------------------------
          EPA Registration Number                   Product Name
------------------------------------------------------------------------
7969-82                                     BAS 530 04 H Herbicide
------------------------------------------------------------------------
7969-83                                     FASTER\TM\ Herbicide
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrant of the products in Table 1 of this unit, in sequence by 
EPA company number.

[[Page 12852]]



   Table 2.--Registrant of Canceled And/or Amended Fomesafen Products
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
7969                                        BASF, 26 Davis Drive,
                                             Triangle Park, North
                                             Carolina 27709-3528
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    During the public comment period provided, EPA received no comments 
in response to the December 31, 2008 Federal Register (73 FR 80390; 
FRL-8395-3) notice announcing the Agency's receipt of the request for 
voluntary cancellations of fomesafen.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellation of fomesafen registrations identified in Table 1 of Unit 
II. Accordingly, the Agency orders that the fomesafen product 
registrations identified in Table 1 of Unit II are hereby canceled. Any 
distribution, sale, or use of existing stocks of the products 
identified in Table 1 of Unit II in a manner inconsistent with any of 
the Provisions for Disposition of Existing Stocks set forth in Unit VI. 
will be considered a violation of FIFRA.

V. 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.

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. The cancellation order issued in this notice 
includes the following existing stocks provisions.
    Registrants may sell and distribute existing stocks for 1-year from 
the date of the cancellation request. The products may be sold, 
distributed, and used by people other than the registrant until 
existing stocks have been exhausted, provided that such sale, 
distribution, and use complies with the EPA-approved label and labeling 
of the product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 25, 2009.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E9-6260 Filed 3-24-09; 8:45 am]
BILLING CODE 6560-50-S
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