Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations, 51049-51053 [2010-20447]
Download as PDF
Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices
51049
TABLE 1.—REGISTRATION WITH PENDING REQUEST FOR CANCELLATION
Registration No.
70127–4
Product Name
Beetleball Technical
4-Allyl Anisole (Estragole)
Unless this request is withdrawn by
the registrant within 30 days of
publication of this notice, orders will be
issued canceling this registration. Users
of this pesticide or anyone else desiring
the retention of this registration should
contact the registrant directly during
this 30–day period.
Table 2 of this unit includes the name
and address of record for the registrant
listed in Table 1 of this unit by the EPA
company number.
TABLE 2.—REGISTRANT REQUESTING
VOLUNTARY CANCELLATION
EPA
Company
No.
70127
Company Name and Address
Novozymes Biologicals, Inc.
5400 Corporate Circle
Salem, Virginia 24153
III. 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.
FIFRA further provides that, before
acting on the request, EPA must publish
a notice of receipt of request in the
Federal Register. Thereafter, the
Administrator may approve the request.
Registrants who choose to withdraw a
request for cancellation must submit
withdrawal in writing to the person
listed under FOR FURTHER INFORMATION
CONTACT, postmarked before September
17, 2010. 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
product has been subject to a previous
cancellation action, the effective date of
cancellation and all other provisions of
any earlier cancellation action are
controlling. The withdrawal request
must also include a commitment to pay
any reregistration fees due, and to fulfill
any applicable unsatisfied data
requirements.
V. Provisions for Disposition of Existing
Stocks
Existing stocks are those stocks of
registered pesticide products currently
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in the United States and were packaged,
labeled, and released for shipment prior
to the effective date of the cancellation
action. EPA’s existing stocks policy (56
FR 29362) provides that: ‘‘If a registrant
requests to voluntarily cancel a
registration where the Agency has
identified no particular risk concerns,
the registrant has complied with all
applicable conditions of reregistration,
conditional registration, and data call
ins, and the registration is not subject to
the Registration Standard, Label
Improvement Program, or reregistration
decision. The Agency will generally
permit a registrant to sell or distribute
existing stocks for 1 year after the
cancellation request was received.
Persons other than registrants will
generally be allowed to sell, distribute,
or use existing stocks until such stocks
are exhausted.’’
Upon cancellation of the pesticide
identified in Table 1 of Unit II., EPA
anticipates allowing sale, distribution,
and use as described in this unit.
Exception to this general policy will be
made in specific cases when more
stringent restrictions on sale,
distribution, or use of the products or
their ingredients have already been
imposed, as in a special review action,
or where the Agency has identified
significant potential risk concerns
associated with a particular chemical.
List of Subjects
IV. Procedures for Withdrawal of
Request
sroberts on DSKD5P82C1PROD with NOTICES
Chemical Name
Environmental protection, Pesticides
and pests.
Dated: August 5, 2010.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
[FR Doc. 2010–20448 Filed 8–17–10; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2002–0262; FRL–8841–5]
Notice of Receipt of Requests to
Voluntarily Cancel Certain Pesticide
Registrations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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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 voluntarily cancel certain
pesticide registrations. 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. If these
requests are granted, any sale,
distribution, or use of products listed in
this notice will be permitted after the
registration has been canceled only if
the sale, distribution, or use is
consistent with the terms as described
in the final order.
DATES: Comments must be received on
or before September 17, 2010.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2002–0262, 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.
Submit written withdrawal request by
mail to: Pesticide Re-evaluation
Division (7508P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001. Attention:
Melanie Biscoe.
• 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’s telephone number is
(703) 305–5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2002–
0262. 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://
SUMMARY:
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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’s
telephone number is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Melanie Biscoe, Pesticide Re-evaluation
Division (7508P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (703) 305–7106; e-mail address:
biscoe.melanie@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;
agricultural advocates; the chemical
industry; pesticide users; and members
of the public interested in the sale,
distribution, or use of pesticides. If you
have any questions regarding the
information in this notice, 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
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. What Action is the Agency Taking?
This notice announces receipt by the
Agency of requests from all endosulfan
registrants to cancel all 30 pesticide
products registered under FIFRA section
3 or 24(c). These registrations are listed
in Table 1 of this unit.
TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION
Registration
No.
Product Name
Chemical Name
Thionex Endosulfan Technical
Endosulfan
19713–99
Drexel Endosulfan 2EC Insecticide
Endosulfan
19713–319
Drexel Endosulfan Technical
Endosulfan
19713–399
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11678–5
Drexel Endosulfan 3EC
Endosulfan
61483–65
Endalfly Insecticide Cattle Ear Tag
Endosulfan
66222–62
Thionex 50W Insecticide
Endosulfan
66222–63
Thiodan 3EC Insecticide
Endosulfan
66222–64
Thionex Technical Insecticide
Endosulfan
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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued
Registration
No.
Product Name
Chemical Name
Thiodan 3EC Insecticide
Endosulfan
AZ980004
Drexel Endosulfan 3EC
Endosulfan
HI030001
Thionex 50W Insecticide
Endosulfan
HI030002
Thiodan 3EC Insecticide
Endosulfan
HI070006
Thionex 3EC
Endosulfan
ID030002
Thionex 3EC
Endosulfan
ID030004
Thionex 3EC
Endosulfan
ID980003
Drexel Endosulfan 3EC
Endosulfan
NC080001
Thionex 3EC
Endosulfan
NV030001
Thiodan 3EC Insecticide
Endosulfan
OR030007
Thiodan 3EC Insecticide
Endosulfan
OR030010
Thiodan 3EC Insecticide
Endosulfan
OR030012
Thionex 50W Insecticide
Endosulfan
OR030013
Thiodan 3EC Insecticide
Endosulfan
OR030024
Thiodan 3EC Insecticide
Endosulfan
UT030003
Thionex 3EC
Endosulfan
WA030013
Thiodan 3EC Insecticide
Endosulfan
WA030017
Thionex 50W Insecticide
Endosulfan
WA030018
Thiodan 3EC Insecticide
Endosulfan
WA030024
Thionex 3EC Insecticide
Endosulfan
WA030027
Thiodan 3EC Insecticide
Endosulfan
WA980012
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AZ030004
Drexel Endosulfan 3EC
Endosulfan
The registrants listed in Table 2 of
this unit have requested:
• Cancellation of the uses listed in
List 1 of Unit V. effective immediately.
• Cancellation of the uses listed in
List 2 of Unit V. effective as of March
31, 2012.
• Cancellation of the uses listed in
List 3 of Unit V. effective as of March
31, 2013.
• Cancellation of the uses listed in
List 4 of Unit V. effective as of
September 1, 2014.
• Cancellation of the uses listed in
List 5 of Unit V. effective as of March
31, 2015.
• Cancellation of the uses listed in
List 6 of Unit V. effective as of March
31, 2016.
These cancellation requests are part of
a Memorandum of Agreement between
the Agency and the four endosulfan
registrants dated July 22, 2010. Specific
endosulfan uses will end according to
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the schedule described in Unit V. The
Memorandum of Agreement also
requires additional mitigation measures
for uses listed in Lists 2, 3, 4, 5, or 6
of Unit V. The Memorandum of
Agreement is available at https://
www.regulations.gov under docket
number EPA–HQ–OPP–2002–0262–
0181. Unless the Agency determines
that there are substantive comments that
warrant further review of the requests or
the registrants withdraw their requests,
EPA intends to issue orders in the
Federal Register canceling all of the
affected registrations.
Table 2 of this unit includes the
names and addresses of record for all
registrants of the products in Table 1 of
this unit, in sequence by EPA company
number. This number corresponds to
the first part of the EPA registration
numbers of the products listed in this
unit.
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TABLE 2.—REGISTRANTS REQUESTING
VOLUNTARY CANCELLATION
EPA
Company
No.
Company Name and Address
11678
Makhteshim Chemical Works, Ltd.
4515 Falls of Neuse Rd.
Suite 300
Raleigh, NC 27609
19713
Drexel Chemical Company
1700 Channel Ave.
P.O. Box 13327
Memphis, TN 38113–0327
61483
KMG-Bernuth, Inc.
9555 W. Sam Houston Pkwy.,
South
Suite 600
Houston, TX 77099
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TABLE 2.—REGISTRANTS REQUESTING issued in response to these requests for
VOLUNTARY CANCELLATION—Con- use deletions and requests for voluntary
cancellations, the Agency proposes to
tinued
EPA
Company
No.
66222
Company Name and Address
Makhteshim-Agan of North America, Inc.
4515 Falls of Neuse Rd.
Suite 300
Raleigh, NC 27609
III. 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.
FIFRA further provides that, before
acting on the request, EPA must publish
a notice of receipt of any such request
in the Federal Register.
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, FIFRA section 6(f)(1)(C)
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 EPA Administrator determines
that continued use of the pesticide
would pose an unreasonable adverse
effect on the environment.
The registrants in Table 2 of Unit II.
have requested that EPA waive the 180–
day comment period. Accordingly, EPA
will provide a 30–day comment period
on the proposed requests.
IV. Procedures for Withdrawal of
Request
sroberts on DSKD5P82C1PROD with NOTICES
Registrants who choose to withdraw a
request for cancellation should submit
the withdrawal in writing to the person
listed under FOR FURTHER INFORMATION
CONTACT. 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.
V. Provisions for Disposition of Existing
Stocks
Existing stocks are those stocks of
registered pesticide products that are
currently in the United States and that
were packaged, labeled, and released for
shipment prior to the effective date of
the cancellation action. In any order
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include the following provisions for the
treatment of any existing stocks of the
products identified or referenced in
Table 1 of Unit II. These provisions are
consistent with the requests for use
deletions and requests for voluntary
cancellations outlined in Unit II. If the
request for voluntary cancellation and
use termination is granted, the Agency
intends to publish the cancellation
order in the Federal Register.
1. For the uses in List 1 of this unit:
i. EPA intends to prohibit the
registrants’ distribution, sale, and
reformulation of products permitting the
uses in List 1 after December 31, 2010,
except sale or distribution of such
products for the purposes of proper
disposal, or export consistent with
section 17 of FIFRA.
ii. EPA intends to prohibit the
distribution or sale of products
permitting the uses in List 1 by persons
other than the registrants after May 31,
2011, except sale or distribution of such
products for the purposes of proper
disposal, or export consistent with
section 17 of FIFRA.
iii. EPA intends to prohibit the uses
in List 1 after July 31, 2012. The stop
use date for the uses listed in List 1 of
this unit will also be reflected on
amended product labeling.
iv. Any use of existing stocks must be
consistent with the directions and terms
of the previously approved labeling on,
or that accompanied, the product with
respect to those uses.
List 1.—Phase-Out Group A
Almond
Apricot
Broccoli
Brussels sprouts
Carrots
Cauliflower
Celery (non-AZ)
Citrus (non-bearing)
Collard greens
Dry beans
Dry peas
Eggplant
Filbert
Kale
Kohlrabi
Mustard greens
Nectarine (CA only)
Macadamia
Plum & prune
Poplars grown for pulp and timber
Strawberry (annual)
Sweet potato
Tart cherry
Turnip
Walnut
Ornamental trees, shrubs, and herbaceous
plants – includes boxelder, dogwood, lilac,
douglas fir (grown for ornamentals nursery
stock or Christmas trees; Pacific Northwest
only), elms, leatherleaf fern, pines (austrian,
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jack, red, scotch, white), shade trees (except
birch), shrubs, spruce (New England area
only), taxus, orchids, hybrid poplars,
Christmas trees
Other uses that may appear on section
3 registration labels or on a 24(c)
registration and are not listed above or
on Lists 2, 3, 4, 5, or 6 of this unit.
2. For the uses in List 2 of this unit:
i. EPA intends to prohibit the
registrants’ distribution, sale, and
reformulation of products permitting the
uses in List 2 after March 31, 2012,
except sale or distribution of the
products for the purposes of proper
disposal, or export consistent with
section 17 of FIFRA.
ii. EPA intends to prohibit the
distribution or sale of products
permitting the uses in List 2 by persons
other than the registrants after May 31,
2012, except sale or distribution of the
products for the purposes of proper
disposal, or export consistent with
section 17 of FIFRA.
iii. EPA intends to prohibit the uses
in List 2 after July 31, 2012. The stop
use date for the uses listed in List 2 of
this unit will also be reflected on
amended product labeling.
iv. Any use of existing stocks must be
consistent with the directions and terms
of the previously approved labeling on,
or that accompanied, the product with
respect to those uses.
List 2.—Phase-Out Group B
Cabbage
Celery (AZ only)
Cotton
Cucumbers
Lettuce
Stone fruits not listed in List 1 of this unit,
including nectarine (non-CA), peaches, and
sweet cherry
Summer melons (cantaloupe, honeydew,
watermelon)
Summer squash
Tobacco
3. For the use in List 3 of this unit:
i. EPA intends to prohibit the
registrants’ distribution, sale, and
reformulation of products permitting the
use in List 3 after March 31, 2013,
except sale or distribution of the
products for the purposes of proper
disposal, or export consistent with
section 17 of FIFRA.
ii. EPA intends to prohibit the
distribution or sale of products
permitting the use in List 3 by persons
other than the registrants after May 31,
2013, except sale or distribution of the
products for the purposes of proper
disposal, or export consistent with
section 17 of FIFRA.
iii. EPA intends to prohibit the use in
List 3 after July 31, 2013. The stop use
date for the use listed in List 3 of this
unit will also be reflected on amended
product labeling.
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iv. Any use of existing stocks must be
consistent with the directions and terms
of the previously approved labeling on,
or that accompanied, the product with
respect to those uses.
List 3.—Phase-Out Group C
Pear
4. For the uses in List 4 of this unit:
i. EPA intends to prohibit the
registrants’ distribution, sale, and
reformulation of products permitting the
uses in List 4 in the state of Florida after
September 30, 2014, except sale or
distribution of the products for the
purposes of proper disposal, or export
consistent with section 17 of FIFRA.
ii. EPA intends to prohibit the
distribution or sale in the state of
Florida of products permitting the uses
in List 4 by persons other than the
registrants after October 31, 2014,
except sale or distribution of the
products for the purposes of proper
disposal, or export consistent with
section 17 of FIFRA.
iii. EPA intends to prohibit the uses
in List 4 in the state of Florida after
December 31, 2014. The stop use date
for the uses listed in List 4 of this unit
will also be reflected on amended
product labeling.
iv. Any use of existing stocks must be
consistent with the directions for use
and terms of the previously approved
labeling on, or that accompanied, the
product with respect to those uses.
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List 4.—Phase-Out Group D
All Florida uses of:
Apple
Blueberry
Peppers
Potatoes
Pumpkins
Sweet corn
Tomato
Winter squash
5. For the uses in List 5 of this unit:
i. EPA intends to prohibit the
registrants’ distribution, sale, and
reformulation of products permitting the
uses in List 5 after March 31, 2015,
except sale or distribution of the
products for the purposes of proper
disposal, or export consistent with
section 17 of FIFRA.
ii. EPA intends to prohibit the
distribution or sale of products
permitting the uses in List 5 by persons
other than the registrants after May 31,
2015, except sale or distribution of the
products for the purposes of proper
disposal, or export consistent with
section 17 of FIFRA.
iii. EPA intends to prohibit the uses
in List 5 after July 31, 2015. The stop
use date for the uses listed in List 5 of
this unit will also be reflected on
amended product labeling.
iv. Any use of existing stocks must be
consistent with the directions for use
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and terms of the previously approved
labeling on, or that accompanied, the
product with respect to those uses.
List 5.—Phase-Out Group E
Apple
Blueberry
Peppers
Potatoes
Pumpkins
Sweet corn
Tomato
Winter squash
6. For the uses in List 6 of this unit:
i. EPA intends to prohibit the
registrants’ distribution, sale, and
reformulation of products permitting the
uses in List 6 after March 31, 2016,
except sale or distribution of the
products for the purposes of proper
disposal, or export consistent with
section 17 of FIFRA.
ii. EPA intends to prohibit the
distribution or sale of products
permitting the uses in List 6 by persons
other than the registrants after May 31,
2016, except sale or distribution of the
products for the purposes of proper
disposal, or export consistent with
section 17 of FIFRA.
iii. EPA intends to prohibit the uses
or products in List 6 after July 31, 2016.
The stop use date for the uses listed in
List 6 of this unit will also be reflected
on amended product labeling.
iv. Any use of existing stocks must be
consistent with the directions for use
and terms of the previously approved
labeling on, or that accompanied, the
product with respect to those uses.
List 6.—Phase-Out Group F
Livestock ear tags
Pineapple
Strawberry (perennial/biennial)
Vegetable crops for seed (alfalfa, broccoli,
brussels sprouts, cabbage, cauliflower,
Chinese cabbage, collard greens, kale,
kohlrabi, mustard greens, radish, rutabaga,
turnip)
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: August 12, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2010–20447 Filed 8–17–10; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2007–1195; FRL–8840–3]
Propetamphos; Notice of Receipt of
Requests to Voluntarily Cancel
Pesticide Registrations
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
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ACTION:
51053
Notice.
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
registrant, Wellmark International, to
voluntarily cancel its registrations of
products containing the pesticide
propetamphos. The requests would
terminate the last propetamphos
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 registrant withdraws its
requests. If these requests are granted,
any sale, distribution, or use of products
listed in this notice will be permitted
after the registrations have been
canceled 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 September 17, 2010.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2007–1195, 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–2007–
1195. 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
SUMMARY:
E:\FR\FM\18AUN1.SGM
18AUN1
Agencies
[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51049-51053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20447]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2002-0262; FRL-8841-5]
Notice of Receipt of Requests to Voluntarily Cancel Certain
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 voluntarily cancel
certain pesticide registrations. 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. If these requests are granted, any sale,
distribution, or use of products listed in this notice will be
permitted after the registration has been canceled only if the sale,
distribution, or use is consistent with the terms as described in the
final order.
DATES: Comments must be received on or before September 17, 2010.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2002-0262, 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.
Submit written withdrawal request by mail to: Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. Attention: Melanie Biscoe.
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's telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2002-0262. 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://
[[Page 51050]]
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's
telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Melanie Biscoe, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 305-7106; e-mail
address: biscoe.melanie@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; agricultural advocates; the chemical industry; pesticide users;
and members of the public interested in the sale, distribution, or use
of pesticides. If you have any questions regarding the information in
this notice, 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
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. What Action is the Agency Taking?
This notice announces receipt by the Agency of requests from all
endosulfan registrants to cancel all 30 pesticide products registered
under FIFRA section 3 or 24(c). These registrations are listed in Table
1 of this unit.
Table 1.--Registrations with Pending Requests for Cancellation
------------------------------------------------------------------------
Registration No. Product Name Chemical Name
------------------------------------------------------------------------
11678-5 Thionex Endosulfan
Endosulfan
Technical
------------------------------------------------------------------------
19713-99 Drexel Endosulfan Endosulfan
2EC Insecticide
------------------------------------------------------------------------
19713-319 Drexel Endosulfan Endosulfan
Technical
------------------------------------------------------------------------
19713-399 Drexel Endosulfan Endosulfan
3EC
------------------------------------------------------------------------
61483-65 Endalfly Endosulfan
Insecticide
Cattle Ear Tag
------------------------------------------------------------------------
66222-62 Thionex 50W Endosulfan
Insecticide
------------------------------------------------------------------------
66222-63 Thiodan 3EC Endosulfan
Insecticide
------------------------------------------------------------------------
66222-64 Thionex Technical Endosulfan
Insecticide
------------------------------------------------------------------------
[[Page 51051]]
AZ030004 Thiodan 3EC Endosulfan
Insecticide
------------------------------------------------------------------------
AZ980004 Drexel Endosulfan Endosulfan
3EC
------------------------------------------------------------------------
HI030001 Thionex 50W Endosulfan
Insecticide
------------------------------------------------------------------------
HI030002 Thiodan 3EC Endosulfan
Insecticide
------------------------------------------------------------------------
HI070006 Thionex 3EC Endosulfan
------------------------------------------------------------------------
ID030002 Thionex 3EC Endosulfan
------------------------------------------------------------------------
ID030004 Thionex 3EC Endosulfan
------------------------------------------------------------------------
ID980003 Drexel Endosulfan Endosulfan
3EC
------------------------------------------------------------------------
NC080001 Thionex 3EC Endosulfan
------------------------------------------------------------------------
NV030001 Thiodan 3EC Endosulfan
Insecticide
------------------------------------------------------------------------
OR030007 Thiodan 3EC Endosulfan
Insecticide
------------------------------------------------------------------------
OR030010 Thiodan 3EC Endosulfan
Insecticide
------------------------------------------------------------------------
OR030012 Thionex 50W Endosulfan
Insecticide
------------------------------------------------------------------------
OR030013 Thiodan 3EC Endosulfan
Insecticide
------------------------------------------------------------------------
OR030024 Thiodan 3EC Endosulfan
Insecticide
------------------------------------------------------------------------
UT030003 Thionex 3EC Endosulfan
------------------------------------------------------------------------
WA030013 Thiodan 3EC Endosulfan
Insecticide
------------------------------------------------------------------------
WA030017 Thionex 50W Endosulfan
Insecticide
------------------------------------------------------------------------
WA030018 Thiodan 3EC Endosulfan
Insecticide
------------------------------------------------------------------------
WA030024 Thionex 3EC Endosulfan
Insecticide
------------------------------------------------------------------------
WA030027 Thiodan 3EC Endosulfan
Insecticide
------------------------------------------------------------------------
WA980012 Drexel Endosulfan Endosulfan
3EC
------------------------------------------------------------------------
\The registrants listed in Table 2 of this unit have requested:
Cancellation of the uses listed in List 1 of Unit V.
effective immediately.
Cancellation of the uses listed in List 2 of Unit V.
effective as of March 31, 2012.
Cancellation of the uses listed in List 3 of Unit V.
effective as of March 31, 2013.
Cancellation of the uses listed in List 4 of Unit V.
effective as of September 1, 2014.
Cancellation of the uses listed in List 5 of Unit V.
effective as of March 31, 2015.
Cancellation of the uses listed in List 6 of Unit V.
effective as of March 31, 2016.
These cancellation requests are part of a Memorandum of Agreement
between the Agency and the four endosulfan registrants dated July 22,
2010. Specific endosulfan uses will end according to the schedule
described in Unit V. The Memorandum of Agreement also requires
additional mitigation measures for uses listed in Lists 2, 3, 4, 5, or
6 of Unit V. The Memorandum of Agreement is available at https://www.regulations.gov under docket number EPA-HQ-OPP-2002-0262-0181.
Unless the Agency determines that there are substantive comments that
warrant further review of the requests or the registrants withdraw
their requests, EPA intends to issue orders in the Federal Register
canceling all of the affected registrations.
Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number. This number corresponds to the first part of the
EPA registration numbers of the products listed in this unit.
Table 2.--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
EPA Company No. Company Name and Address
------------------------------------------------------------------------
11678 Makhteshim Chemical Works, Ltd.
4515 Falls of Neuse Rd.
Suite 300
Raleigh, NC 27609
------------------------------------------------------------------------
19713 Drexel Chemical Company
1700 Channel Ave.
P.O. Box 13327
Memphis, TN 38113-0327
------------------------------------------------------------------------
61483 KMG-Bernuth, Inc.
9555 W. Sam Houston Pkwy.,
South
Suite 600
Houston, TX 77099
------------------------------------------------------------------------
[[Page 51052]]
66222 Makhteshim-Agan of North
America, Inc.
4515 Falls of Neuse Rd.
Suite 300
Raleigh, NC 27609
------------------------------------------------------------------------
III. 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. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register.
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, FIFRA section 6(f)(1)(C) 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 EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
The registrants in Table 2 of Unit II. have requested that EPA
waive the 180-day comment period. Accordingly, EPA will provide a 30-
day comment period on the proposed requests.
IV. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for cancellation
should submit the withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT. 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.
V. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. In any order issued in response to these requests
for use deletions and requests for voluntary cancellations, the Agency
proposes to include the following provisions for the treatment of any
existing stocks of the products identified or referenced in Table 1 of
Unit II. These provisions are consistent with the requests for use
deletions and requests for voluntary cancellations outlined in Unit II.
If the request for voluntary cancellation and use termination is
granted, the Agency intends to publish the cancellation order in the
Federal Register.
1. For the uses in List 1 of this unit:
i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 1 after December
31, 2010, except sale or distribution of such products for the purposes
of proper disposal, or export consistent with section 17 of FIFRA.
ii. EPA intends to prohibit the distribution or sale of products
permitting the uses in List 1 by persons other than the registrants
after May 31, 2011, except sale or distribution of such products for
the purposes of proper disposal, or export consistent with section 17
of FIFRA.
iii. EPA intends to prohibit the uses in List 1 after July 31,
2012. The stop use date for the uses listed in List 1 of this unit will
also be reflected on amended product labeling.
iv. Any use of existing stocks must be consistent with the
directions and terms of the previously approved labeling on, or that
accompanied, the product with respect to those uses.
List 1.--Phase-Out Group A
Almond
Apricot
Broccoli
Brussels sprouts
Carrots
Cauliflower
Celery (non-AZ)
Citrus (non-bearing)
Collard greens
Dry beans
Dry peas
Eggplant
Filbert
Kale
Kohlrabi
Mustard greens
Nectarine (CA only)
Macadamia
Plum & prune
Poplars grown for pulp and timber
Strawberry (annual)
Sweet potato
Tart cherry
Turnip
Walnut
Ornamental trees, shrubs, and herbaceous plants - includes
boxelder, dogwood, lilac, douglas fir (grown for ornamentals nursery
stock or Christmas trees; Pacific Northwest only), elms, leatherleaf
fern, pines (austrian, jack, red, scotch, white), shade trees
(except birch), shrubs, spruce (New England area only), taxus,
orchids, hybrid poplars, Christmas trees
Other uses that may appear on section 3 registration labels or on a
24(c) registration and are not listed above or on Lists 2, 3, 4, 5, or
6 of this unit.
2. For the uses in List 2 of this unit:
i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 2 after March 31,
2012, except sale or distribution of the products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
ii. EPA intends to prohibit the distribution or sale of products
permitting the uses in List 2 by persons other than the registrants
after May 31, 2012, except sale or distribution of the products for the
purposes of proper disposal, or export consistent with section 17 of
FIFRA.
iii. EPA intends to prohibit the uses in List 2 after July 31,
2012. The stop use date for the uses listed in List 2 of this unit will
also be reflected on amended product labeling.
iv. Any use of existing stocks must be consistent with the
directions and terms of the previously approved labeling on, or that
accompanied, the product with respect to those uses.
List 2.--Phase-Out Group B
Cabbage
Celery (AZ only)
Cotton
Cucumbers
Lettuce
Stone fruits not listed in List 1 of this unit, including
nectarine (non-CA), peaches, and sweet cherry
Summer melons (cantaloupe, honeydew, watermelon)
Summer squash
Tobacco
3. For the use in List 3 of this unit:
i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the use in List 3 after March 31,
2013, except sale or distribution of the products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
ii. EPA intends to prohibit the distribution or sale of products
permitting the use in List 3 by persons other than the registrants
after May 31, 2013, except sale or distribution of the products for the
purposes of proper disposal, or export consistent with section 17 of
FIFRA.
iii. EPA intends to prohibit the use in List 3 after July 31, 2013.
The stop use date for the use listed in List 3 of this unit will also
be reflected on amended product labeling.
[[Page 51053]]
iv. Any use of existing stocks must be consistent with the
directions and terms of the previously approved labeling on, or that
accompanied, the product with respect to those uses.
List 3.--Phase-Out Group C
Pear
4. For the uses in List 4 of this unit:
i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 4 in the state of
Florida after September 30, 2014, except sale or distribution of the
products for the purposes of proper disposal, or export consistent with
section 17 of FIFRA.
ii. EPA intends to prohibit the distribution or sale in the state
of Florida of products permitting the uses in List 4 by persons other
than the registrants after October 31, 2014, except sale or
distribution of the products for the purposes of proper disposal, or
export consistent with section 17 of FIFRA.
iii. EPA intends to prohibit the uses in List 4 in the state of
Florida after December 31, 2014. The stop use date for the uses listed
in List 4 of this unit will also be reflected on amended product
labeling.
iv. Any use of existing stocks must be consistent with the
directions for use and terms of the previously approved labeling on, or
that accompanied, the product with respect to those uses.
List 4.--Phase-Out Group D
All Florida uses of:
Apple
Blueberry
Peppers
Potatoes
Pumpkins
Sweet corn
Tomato
Winter squash
5. For the uses in List 5 of this unit:
i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 5 after March 31,
2015, except sale or distribution of the products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
ii. EPA intends to prohibit the distribution or sale of products
permitting the uses in List 5 by persons other than the registrants
after May 31, 2015, except sale or distribution of the products for the
purposes of proper disposal, or export consistent with section 17 of
FIFRA.
iii. EPA intends to prohibit the uses in List 5 after July 31,
2015. The stop use date for the uses listed in List 5 of this unit will
also be reflected on amended product labeling.
iv. Any use of existing stocks must be consistent with the
directions for use and terms of the previously approved labeling on, or
that accompanied, the product with respect to those uses.
List 5.--Phase-Out Group E
Apple
Blueberry
Peppers
Potatoes
Pumpkins
Sweet corn
Tomato
Winter squash
6. For the uses in List 6 of this unit:
i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 6 after March 31,
2016, except sale or distribution of the products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
ii. EPA intends to prohibit the distribution or sale of products
permitting the uses in List 6 by persons other than the registrants
after May 31, 2016, except sale or distribution of the products for the
purposes of proper disposal, or export consistent with section 17 of
FIFRA.
iii. EPA intends to prohibit the uses or products in List 6 after
July 31, 2016. The stop use date for the uses listed in List 6 of this
unit will also be reflected on amended product labeling.
iv. Any use of existing stocks must be consistent with the
directions for use and terms of the previously approved labeling on, or
that accompanied, the product with respect to those uses.
List 6.--Phase-Out Group F
Livestock ear tags
Pineapple
Strawberry (perennial/biennial)
Vegetable crops for seed (alfalfa, broccoli, brussels sprouts,
cabbage, cauliflower, Chinese cabbage, collard greens, kale,
kohlrabi, mustard greens, radish, rutabaga, turnip)
List of Subjects
Environmental protection, Pesticides and pests.
Dated: August 12, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-20447 Filed 8-17-10; 8:45 am]
BILLING CODE 6560-50-S