Fipronil; Product Cancellation Order and Amendment to Terminate Uses, 5584-5585 [2010-2147]
Download as PDF
<![CDATA[
5584
Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2005–0206; FRL–8806–6]
Fipronil; Product Cancellation Order
and Amendment to Terminate Uses
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: This notice announces EPA’s
cancellation order and amendment to
terminate uses of products containing
the pesticide fipronil, pursuant to
section 3 of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), as amended. This cancellation
order follows the November 15, 2009
expirations of conditional registrations
and in one case expiration of a use.
These are not the last fipronil products
registered for use in the United States.
Any distribution, sale, or use of the
fipronil products subject to this
cancellation order is permitted only in
accordance with the terms of this order,
including any existing stocks
provisions.
DATES: The expirations occurred on
November 15, 2009.
FOR FURTHER INFORMATION CONTACT:
Richard Gebken, Registration Division,
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–6701; fax number: (703) 305–
6920; e-mail address:
gebken.richard@epa.gov.
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.
This notice announces the expiration
of certain corn-in-furrow and turfgrass
end-use fipronil products registered
under section 3 of FIFRA. This notice
also announces the amendment to
terminate uses of all corn-in-furrow enduse fipronil products registered under
section 3 of FIFRA, and this notice
serves as a cancellation order to provide
for existing stocks of affected products.
These registrations are listed in
sequence by registration number in
Tables 1 and 2 of this unit.
TABLE 1.—FIPRONIL PRODUCT
CANCELLATIONS
EPA Registration Number
Product Name
7969-206
Regent 1.5G
7969-208
Regent 80WG
7969-212
H&G 61748 / ‘‘Over n
Out’’432-1451 BES
1000 Insecticide
jlentini on DSKJ8SOYB1PROD with NOTICES
TABLE 2.—FIPRONIL PRODUCT REGISTRATION AMENDMENT TO TERMINATE USES
EPA Registration Number
7969-207
Product Name
Regent 4SC
Table 3 of this unit includes the
names and addresses of record for all
registrants of the products in Tables 1
and 2 of this unit, in sequence by EPA
company number.
B. How Can I Get Copies of this
Document and Other Related
Information?
EPA has established a docket for this
action under docket identification (ID)
number EPA–HQ–OPP–2005–0206.
VerDate Nov<24>2008
16:34 Feb 02, 2010
Jkt 220001
Company Name and Address
432
Bayer Environmental
Science2 T. W. Alexander Drive Research
Triangle Park, NC
27709
7969
BASF Corporation P.O.
Box 1352826 Davis
Drive Research Triangle Park, NC 27709
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
III. Cancellation Order
Pursuant to FIFRA section 3, EPA
hereby announces the expirations, of
fipronil registrations identified in Table
1 of Unit II and expiration of the cornin-furrow use for the registration in
Table 2 of Unit II. The Agency considers
the expiration of a time limited
registration to be a cancellation under
section 3 of FIFRA, for purposes of
section 6(a)(1) of FIFRA. Any
distribution, sale, or use of existing
stocks of the cancelled products or
terminated uses identified in Tables 1
and 2 of Unit II in a manner inconsistent
with any of the Provisions for
Disposition of Existing Stocks set forth
in Unit IV will be considered a violation
of FIFRA.
IV. Provisions for Disposition of
Existing Stocks
I. General Information
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.
EPA Company
Number
II. What Action is the Agency Taking?
SUPPLEMENTARY INFORMATION:
A. Does this Action Apply to Me?
TABLE 3.—REGISTRANTS OF CANCELLED AND/OR AMENDED FIPRONIL
PRODUCTS
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.
1. The registrant may continue to sell
or distribute existing stocks of fipronil
products identified in Tables 1 and 2 of
Unit II with previously approved
labeling until May 15, 2011.
2. Persons other than the registrant
may continue to sell or distribute
existing stocks of fipronil products
identified in Tables 1 and 2 of Unit II
with previously approved labeling until
such stocks are exhausted.
3. Persons other than the registrant
may use existing stocks of fipronil
products identified in Tables 1 and 2 of
Unit II until existing stocks are
exhausted. Any use of existing stocks
must be in a manner consistent with the
previously approved labeling for that
product.
E:\FR\FM\03FEN1.SGM
03FEN1
Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices
List of Subjects
Environmental protection, Pesticides
and pests, Cancellation order.
Dated: January 19, 2010.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Program.
[FR Doc. 2010–2147 Filed 2–2–10; 8:45 a.m.]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9108–9]
Notice of a Regional Project Waiver of
Section 1605 (Buy American
Requirement) of the American
Recovery and Reinvestment Act of
2009 (ARRA) to the Albany County
Sewer District (ACSD), NY
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The Regional Administrator
of EPA Region 2 is hereby granting a
project waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section
1605(b)(2) [manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality]
to the Albany County Sewer District
(ACSD), New York for the purchase of
a foreign manufactured Organic Rankine
Cycle (ORC) turbine generator to recover
waste heat from the sludge incineration
operation at the ACSD’s North Plant
wastewater treatment plant (WWTP),
and to produce electrical power for onsite consumption. The ACSD, through
its consultant engineers, has indicated
that no United States manufacturer
produces an alternative that meets the
ACSD’s technical specifications;
specifically, no ORC turbine generator
manufactured in the United States is of
adequate capacity to meet the electrical
power output specifications for the
proposed WWTP waste heat recovery
and on-site electricity generation
project. The foreign ORC turbine
generators under consideration are
manufactured by (1) Turboden, in Italy,
(2) Ormat Technologies, Inc, in Israel,
and (3) Adoratec, in Germany. This is a
project specific waiver and only applies
to the use of the identified product for
the ARRA funded project being
proposed. Any other ARRA project that
may wish to use the same product must
apply for a separate waiver based on the
project specific circumstances. The
Regional Administrator is making this
determination based on the review and
VerDate Nov<24>2008
16:34 Feb 02, 2010
Jkt 220001
recommendations of the Region 2 State
Revolving Fund Program Team. The
ACSD has provided sufficient
documentation to support its request.
The Assistant Administrator of the
Office of Administration and Resources
Management has concurred on this
decision to make an exception to
Section 1605 of ARRA. This action
permits the ACSD to purchase an ORC
turbine generator manufactured by (1)
Turboden (Italy), (2) Ormat
Technologies, Inc. (Israel) or (3)
Adoratec (Germany) for the proposed
WWTP waste heat recovery and on-site
electricity generation project being
implemented by the ACSD.
DATES: Effective Date: January 19, 2010.
FOR FURTHER INFORMATION CONTACT: Jane
Leu, Environmental Engineer, (212)
637–3815, State Revolving Fund
Program Team, Division of
Environmental Planning and Protection,
U.S. EPA, 290 Broadway, New York, NY
10007.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c)
and pursuant to Section 1605(b)(2) of
Public Law 111–5, Buy American
requirements, the EPA hereby provides
notice that it is granting a project waiver
to the Albany County Sewer District
(ACSD), New York, for the acquisition
of an Organic Rankine Cycle (ORC)
turbine generator manufactured by any
of the following foreign manufacturers:
Turboden (Italy), Ormat Technologies,
Inc. (Israel), or Adoratec (Germany) to
meet the ACSD’s technical design
specifications for its proposed North
Plant wastewater treatment plant
(WWTP) waste heat recovery and on-site
electricity generation project.
Section 1605 of the ARRA requires
that none of the appropriated funds may
be used for the construction, alteration,
maintenance, or repair of a public
building or public work unless all of the
iron, steel, and manufactured goods
used in the project are produced in the
United States, unless a waiver is
provided to the recipient by EPA. A
waiver may be provided if EPA
determines that (1) Applying these
requirements would be inconsistent
with the public interest; (2) iron, steel,
and the relevant manufactured goods
are not produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality;
or (3) inclusion of iron, steel, and the
relevant manufactured goods produced
in the United States will increase the
cost of the overall project by more than
25 percent.
The ACSD proposes to modify its
North Plant WWTP, which has been in
operation since 1974, to provide
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
5585
additional energy savings through the
installation of a Combined Heat and
Power (CHP) system. The proposed
project and design involves the capture
of waste heat from the solids handling
process and a system that ducts the
exhaust gas flow and transports it to a
waste-heat-oil heater and ORC system.
The ACSD has requested a waiver from
the Buy American provision of ARRA
for a foreign manufactured ORC turbine
generator to recover waste heat from the
sludge incineration operation at the
ACSD’s North Plant WWTP, and to
produce electrical power for on-site
consumption. ACSD’s waiver request
stated that the ORC turbine generators
manufactured in the United States are
not of adequate capacity to meet the
electrical power output specifications
for the project. The project
specifications require that the ORC
turbine generator has a maximum
electrical generation net power output
of 1,000 kilowatt (kW) and a minimum
electrical generation net power output
of 826 kW. The New York State
Environmental Facilities Corporation
administers the Clean Water State
Revolving Fund on behalf of the New
York State Department of
Environmental Conservation, and has
identified this project for ARRA
funding.
ACSD’s waiver request included a
design and performance specification
matrix comparing foreign and domestic
ORC turbine generator manufacturers
consisting of three foreign (Turboden,
Ormat Technologies, Inc, and Adoratec)
and four domestic manufacturers (UTC
Power, Infinity Turbine, TurboGenix
and Barber-Nichols, Inc.). The matrix
provides evidence that three of the four
domestic manufacturers do not meet the
electrical power generation output
required by the project specifications.
The fourth domestic manufacturer,
Barber-Nichols, Inc (BNI), was
identified as a potential domestic
manufacturer of ORC turbine generators.
The ACSD’s revised waiver request,
however, indicated that BNI was no
longer a viable domestic candidate for
the ORC turbine generator based upon
the following: (1) An e-mail from BNI to
ACSD dated July 17, 2008, stating that
BNI does not provide complete turbine
generator packages (as required in the
project specifications), and (2) an e-mail
from BNI to ACSD dated August 13,
2008, declining ACSD’s invitation to bid
on this project.
The information provided to EPA by
the ACSD was confirmed through a
technical review by EPA’s national
contractor of the submitted
documentation. To the best of EPA’s
knowledge at this time, there does not
E:\FR\FM\03FEN1.SGM
03FEN1
]]>Agencies
[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Notices]
[Pages 5584-5585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2147]
[[Page 5584]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0206; FRL-8806-6]
Fipronil; Product Cancellation Order and Amendment to Terminate
Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces EPA's cancellation order and amendment
to terminate uses of products containing the pesticide fipronil,
pursuant to section 3 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended. This cancellation order follows
the November 15, 2009 expirations of conditional registrations and in
one case expiration of a use. These are not the last fipronil products
registered for use in the United States. Any distribution, sale, or use
of the fipronil products subject to this cancellation order is
permitted only in accordance with the terms of this order, including
any existing stocks provisions.
DATES: The expirations occurred on November 15, 2009.
FOR FURTHER INFORMATION CONTACT: Richard Gebken, Registration Division,
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 305-6701; fax number: (703) 305-6920; e-mail address:
gebken.richard@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?
EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2005-0206. 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.
II. What Action is the Agency Taking?
This notice announces the expiration of certain corn-in-furrow and
turfgrass end-use fipronil products registered under section 3 of
FIFRA. This notice also announces the amendment to terminate uses of
all corn-in-furrow end-use fipronil products registered under section 3
of FIFRA, and this notice serves as a cancellation order to provide for
existing stocks of affected products. These registrations are listed in
sequence by registration number in Tables 1 and 2 of this unit.
Table 1.--Fipronil Product Cancellations
------------------------------------------------------------------------
EPA Registration Number Product Name
------------------------------------------------------------------------
7969-206 Regent 1.5G
------------------------------------------------------------------------
7969-208 Regent 80WG
------------------------------------------------------------------------
7969-212 H&G 61748 / ``Over n
Out''432-1451 BES 1000
Insecticide
------------------------------------------------------------------------
Table 2.--Fipronil Product Registration Amendment to Terminate Uses
------------------------------------------------------------------------
EPA Registration Number Product Name
------------------------------------------------------------------------
7969-207 Regent 4SC
------------------------------------------------------------------------
Table 3 of this unit includes the names and addresses of record for
all registrants of the products in Tables 1 and 2 of this unit, in
sequence by EPA company number.
Table 3.--Registrants of Cancelled and/or Amended Fipronil Products
------------------------------------------------------------------------
EPA Company Number Company Name and Address
------------------------------------------------------------------------
432 Bayer Environmental Science2
T. W. Alexander Drive
Research Triangle Park, NC
27709
------------------------------------------------------------------------
7969 BASF Corporation P.O. Box
1352826 Davis Drive
Research Triangle Park, NC
27709
------------------------------------------------------------------------
III. Cancellation Order
Pursuant to FIFRA section 3, EPA hereby announces the expirations,
of fipronil registrations identified in Table 1 of Unit II and
expiration of the corn-in-furrow use for the registration in Table 2 of
Unit II. The Agency considers the expiration of a time limited
registration to be a cancellation under section 3 of FIFRA, for
purposes of section 6(a)(1) of FIFRA. Any distribution, sale, or use of
existing stocks of the cancelled products or terminated uses identified
in Tables 1 and 2 of Unit II in a manner inconsistent with any of the
Provisions for Disposition of Existing Stocks set forth in Unit IV will
be considered a violation of FIFRA.
IV. 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.
1. The registrant may continue to sell or distribute existing
stocks of fipronil products identified in Tables 1 and 2 of Unit II
with previously approved labeling until May 15, 2011.
2. Persons other than the registrant may continue to sell or
distribute existing stocks of fipronil products identified in Tables 1
and 2 of Unit II with previously approved labeling until such stocks
are exhausted.
3. Persons other than the registrant may use existing stocks of
fipronil products identified in Tables 1 and 2 of Unit II until
existing stocks are exhausted. Any use of existing stocks must be in a
manner consistent with the previously approved labeling for that
product.
[[Page 5585]]
List of Subjects
Environmental protection, Pesticides and pests, Cancellation order.
Dated: January 19, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Program.
[FR Doc. 2010-2147 Filed 2-2-10; 8:45 a.m.]
BILLING CODE 6560-50-S
