Fenoxycarb; Notice of Receipt of Request To Voluntarily Cancel Certain Pesticide Registrations, 52340-52342 [2010-21145]

Download as PDF 52340 Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Notices VI. 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 action. If the request(s) for voluntary cancellation are granted, the Agency intends to publish the cancellation order in the Federal Register. In any order issued in response to these requests for cancellation of product registrations, EPA proposes to include the following provisions for the treatment of any existing stocks of the products listed in Table 2. After December 31, 2012, registrants are prohibited from formulating, selling, or distributing existing stocks of products containing resmethrin for all uses, including the use of resmethrin as a wide area mosquito abatement insecticide. Persons other than the registrant may sell, distribute, or use existing stocks of canceled products until supplies are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products. List of Subjects Environmental protection, Pesticides and pests. Dated: August 19, 2010. Peter Caulkins, Acting Director, Pesticide Re-evaluation Division, Office of Pesticide Programs. [FR Doc. 2010–21143 Filed 8–24–10; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2010–0623; FRL–8843–1] Fenoxycarb; Notice of Receipt of Request To Voluntarily Cancel Certain Pesticide Registrations Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: 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 registrations of products containing the pesticide fenoxycarb. The request would terminate the last fenoxycarb products registered for use in the United States. EPA intends to grant these requests at srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:09 Aug 24, 2010 Jkt 220001 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 request, or unless a registrant withdraws its request. 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 24, 2010. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2010–0623, 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–2010– 0623. EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The 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 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at https:// www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Katie Weyrauch, Pesticide Re-evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–0166; fax number: (703) 308–8090; e-mail address: weyrauch.katie@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through E:\FR\FM\25AUN1.SGM 25AUN1 52341 Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Notices srobinson on DSKHWCL6B1PROD with NOTICES regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, Federal Register date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/ or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background on the Receipt of Requests to Cancel Registrations This notice announces receipt by EPA of requests from registrants Syngenta Crop Protection, Inc. and Whitmire Micro-Gen Research Laboratories, Inc. to cancel fenoxycarb product registrations. Fenoxycarb is an O-ethyl carbamate derivative insecticide used to control fire ants and big-headed ants on turf, home lawns, agricultural areas, nonagricultural areas, horse farms, and ornamental nursery stock, among other areas. Fenoxycarb is also used to control a variety of insects in greenhouses in a total release fogger product. In letters received by the Agency, Syngenta Crop Protection, Inc. and Whitmire MicroGen Research Laboratories, Inc. VerDate Mar<15>2010 17:48 Aug 24, 2010 Jkt 220001 requested EPA to cancel pesticide product registrations identified in Table 1 of Unit III. This request for voluntary cancellation was submitted in response to the data call-in issued for the Registration Review of fenoxycarb. This action on the registrants’ requests will terminate the last fenoxycarb products registered in the United States. TABLE 2.—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION AND/OR AMENDMENTS EPA Company Number 100 Syngenta Crop Protection, Inc. PO Box 18300 Greensboro, NC 27419–8300 499 Whitmire Micro-Gen Research Laboratories, Inc. 3568 Tree Court Industrial Blvd. St. Louis, MO 63122– 6682 III. What Action is the Agency Taking? This notice announces receipt by EPA of requests from registrants to cancel fenoxycarb product registrations. The affected products and the registrants making the requests are identified in Tables 1 and 2 of this unit. Unless a request is withdrawn by the registrant or if the Agency determines that there are substantive comments that warrant further review of this request, EPA intends to issue an order canceling the affected registrations. The cancellation of the technical product (product number 100–723) will be effective upon publication of the final cancellation order. The cancellation of the end-use product number 499–437 will be effective upon publication of the final cancellation order. The cancellation of the end-use product number 100–722 will be effective December 31, 2012. TABLE 1.—FENOXYCARB PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION Registration Number Product Name Company 100–722 Award Fire Ant Bait Syngenta Crop Protection, Inc. 100–723 Fenoxycarb Technical Syngenta Crop Protection, Inc. 499–437 Whitmire PT 2120 TF Prelcude Whitmire Micro-Gen Research Laboratories, Inc. Table 2 of this unit includes the name and address of record for the registrant of the products listed 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 Table 1 of this unit. PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 Company Name and Address IV. What is the Agency’s Authority for Taking this Action? Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register. 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 fenoxycarb registrants have requested that EPA waive the 180–day comment period. Accordingly, EPA will provide a 30–day comment period on the proposed requests. V. Procedures for Withdrawal of Requests Registrants who choose to withdraw a request for product cancellation or use deletion 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. E:\FR\FM\25AUN1.SGM 25AUN1 52342 Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Notices VI. Provisions for Disposition of Existing Stocks EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 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. If the requests for voluntary cancellation are granted, the Agency intends to publish the cancellation order in the Federal Register. In any order issued in response to these requests for cancellation of product registrations, EPA proposes to include the following provisions for the treatment of any existing stocks of the products listed in Table 1 of Unit III. Syngenta Crop Protection, Inc. may formulate existing stocks of product number 100–723 into end-use product until supplies of product number 100– 723 are exhausted. Syngenta Crop Protection, Inc. will be permitted to sell and distribute end-use product (product number 100–722) until December 31, 2012, the effective date of the cancellation of product number 100– 722. Thereafter, Syngenta Crop Protection, Inc. will be prohibited from selling or distributing the product number 100–722, except for export consistent with FIFRA section 17 or for proper disposal. Whitmire Micro-Gen Research Laboratories, Inc. will be permitted to sell and distribute existing stocks of voluntarily canceled end-use product (product number 499–437) until December 31, 2013. Thereafter, Whitmire Micro-Gen Research Laboratories, Inc. will be prohibited from selling or distributing product number 499–437, except for export consistent with FIFRA section 17 or for proper disposal. Persons other than the registrants may sell, distribute, or use existing stocks of the canceled products listed in Table 1 of Unit III, until supplies are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products. Agency Information Collection Activities: Submission for OMB Review; Final Comment Request srobinson on DSKHWCL6B1PROD with NOTICES List of Subjects Environmental protection, Pesticides and pests. Dated: August 18, 2010. Peter Caulkins, Acting Director, Pesticide Re-evaluation Division, Office of Pesticide Programs. [FR Doc. 2010–21145 Filed 8–24–10; 8:45 am] BILLING CODE 6560–50–S VerDate Mar<15>2010 17:48 Aug 24, 2010 Jkt 220001 Equal Employment Opportunity Commission. ACTION: Final notice on information collected under review; ADEA waivers. AGENCY: In accordance with the Paperwork Reduction Act of 1995, the Commission gives notice that it has submitted to the Office of Management and Budget (OMB) a request for an extension without change of the existing information collection requirements under 29 CFR 1625.22, Waivers of rights and claims under the Age Discrimination in Employment Act (ADEA). DATES: Written comments on this notice must be submitted on or before September 24, 2010. ADDRESSES: The Request for Clearance (OMB 83–1), supporting statement, and other documents submitted to OMB for review may be obtained from: James G. Allison, Senior Attorney, Office of Legal Counsel, 131 M Street, NE., Washington, DC 20507. Comments on this final notice must be submitted to Chad A. Lallemand, Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Room 10235, New Executive Office Building, Washington, DC 20503 or electronically mailed to Chad_A._Lallemand@omb.eop.gov. Comments should also be submitted to Stephen Llewellyn, Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 131 M Street, NE., Suite 6NE03F, Washington, DC 20507. Comments of six or fewer pages may be faxed to the EEOC’s Executive Secretariat at (202) 663–4114. (There is no toll free FAX number.) Receipt of facsimile transmittals will not be acknowledged, except that the sender may request confirmation by calling the Executive Secretariat staff at (202) 663–4070 (voice) or (202) 663–4074 (TTY). (These are not toll free numbers.) Instead of sending written comments to EEOC, comments may be submitted to EEOC electronically on the Federal eRulemaking Portal: https:// www.regulations.gov. After accessing this Web site, follow its directions for submitting comments. All comments received will be posted without change to https://www.regulations.gov, including any personal information that you provide. Copies of the received comments also will be available for SUMMARY: PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 inspection, by advance appointment only, in the EEOC Library from 9 a.m. to 5 p.m., Monday through Friday except legal holidays. Persons who schedule an appointment in the EEOC Library and need assistance to view the documents will be provided with appropriate aids upon request, such as readers or print magnifiers. To schedule an appointment to inspect the comments at the EEOC Library, contact the EEOC Library by calling (202) 663– 4630 (voice) or (202) 663–4641 (TTY). (These are not toll free numbers.) FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal Counsel, (202) 663–4668, or James Allison, Senior Attorney, (202) 663– 4661, Office of Legal Counsel, 131 M Street, NE., Washington, DC 20507. Copies of this notice are available in the following alternate formats: Large print, Braille, electronic computer disk, and audiotape. Requests for this notice in an alternative format should be made to the Publications Center at 1–800–699–3362 (voice), 1–800–3302 (TTY), or 702–821– 2098 (FAX—this is not toll free). SUPPLEMENTARY INFORMATION: Overview of This Information Collection Collection title: Informational requirements under Title II of the Older Workers Benefit Protection Act of 1990 (OWBPA), 29 CFR 1625.22. Frequency of report: None required. OMB number: 3046–0042. Type of respondent: Business, state or local governments, not-for-profit institutions. Description of affected public: Any employer with 20 or more employees that seeks waiver agreements in connection with exit incentive or other employment termination program. Number of responses: 28,030. Reporting hours: 42,045. Number of forms: None. Burden statement: The only paperwork involved is the inclusion of the relevant data in requests for waiver agreements under the OWBPA. Abstract: The EEOC enforces the Age Discrimination in Employment Act (ADEA) which prohibits discrimination against employees and applicants for employment who are age 40 or older. The OWBPA, enacted in 1990, amended the ADEA to require employers to disclose certain information to employees (but not to the EEOC) in writing when the employers ask employees to waive their rights under the ADEA in connection with an exit incentive program or other employment termination program. The regulation at 29 CFR 1625.22 reiterates those E:\FR\FM\25AUN1.SGM 25AUN1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Notices]
[Pages 52340-52342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21145]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0623; FRL-8843-1]


Fenoxycarb; Notice of Receipt of Request 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 
registrations of products containing the pesticide fenoxycarb. The 
request would terminate the last fenoxycarb 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 request, or unless a registrant withdraws its 
request. 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 24, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2010-0623, 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-
2010-0623. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at https://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either in the electronic 
docket at https://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of 
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Katie Weyrauch, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0166; fax 
number: (703) 308-8090; e-mail address: weyrauch.katie@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may be interested, the Agency 
has not attempted to describe all the specific entities that may be 
affected by this action. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1.  Submitting CBI. Do not submit this information to EPA through

[[Page 52341]]

regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background on the Receipt of Requests to Cancel Registrations

    This notice announces receipt by EPA of requests from registrants 
Syngenta Crop Protection, Inc. and Whitmire Micro-Gen Research 
Laboratories, Inc. to cancel fenoxycarb product registrations. 
Fenoxycarb is an O-ethyl carbamate derivative insecticide used to 
control fire ants and big-headed ants on turf, home lawns, agricultural 
areas, non-agricultural areas, horse farms, and ornamental nursery 
stock, among other areas. Fenoxycarb is also used to control a variety 
of insects in greenhouses in a total release fogger product. In letters 
received by the Agency, Syngenta Crop Protection, Inc. and Whitmire 
Micro-Gen Research Laboratories, Inc. requested EPA to cancel pesticide 
product registrations identified in Table 1 of Unit III. This request 
for voluntary cancellation was submitted in response to the data call-
in issued for the Registration Review of fenoxycarb. This action on the 
registrants' requests will terminate the last fenoxycarb products 
registered in the United States.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of requests from registrants 
to cancel fenoxycarb product registrations. The affected products and 
the registrants making the requests are identified in Tables 1 and 2 of 
this unit.
    Unless a request is withdrawn by the registrant or if the Agency 
determines that there are substantive comments that warrant further 
review of this request, EPA intends to issue an order canceling the 
affected registrations. The cancellation of the technical product 
(product number 100-723) will be effective upon publication of the 
final cancellation order. The cancellation of the end-use product 
number 499-437 will be effective upon publication of the final 
cancellation order. The cancellation of the end-use product number 100-
722 will be effective December 31, 2012.

  Table 1.--Fenoxycarb Product Registrations with Pending Requests for
                              Cancellation
------------------------------------------------------------------------
       Registration Number           Product Name           Company
------------------------------------------------------------------------
100-722                           Award Fire Ant      Syngenta Crop
                                   Bait                Protection, Inc.
------------------------------------------------------------------------
100-723                           Fenoxycarb          Syngenta Crop
                                   Technical           Protection, Inc.
------------------------------------------------------------------------
499-437                           Whitmire PT 2120    Whitmire Micro-Gen
                                   TF Prelcude         Research
                                                       Laboratories,
                                                       Inc.
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrant of the products listed 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 Table 1 
of this unit.

     Table 2.--Registrants Requesting Voluntary Cancellation and/or
                               Amendments
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
100                                         Syngenta Crop Protection,
                                             Inc. PO Box 18300
                                             Greensboro, NC 27419-8300
------------------------------------------------------------------------
499                                         Whitmire Micro-Gen Research
                                             Laboratories, Inc. 3568
                                             Tree Court Industrial Blvd.
                                             St. Louis, MO 63122-6682
------------------------------------------------------------------------

IV. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide 
product may at any time request that any of its pesticide registrations 
be canceled or amended to terminate one or more uses. FIFRA further 
provides that, before acting on the request, EPA must publish a notice 
of receipt of any such request in the Federal Register.
    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 fenoxycarb registrants have requested that EPA waive the 180-
day comment period. Accordingly, EPA will provide a 30-day comment 
period on the proposed requests.

V. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product 
cancellation or use deletion 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.

[[Page 52342]]

VI. 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. If the requests for voluntary cancellation are 
granted, the Agency intends to publish the cancellation order in the 
Federal Register.
    In any order issued in response to these requests for cancellation 
of product registrations, EPA proposes to include the following 
provisions for the treatment of any existing stocks of the products 
listed in Table 1 of Unit III.
    Syngenta Crop Protection, Inc. may formulate existing stocks of 
product number 100-723 into end-use product until supplies of product 
number 100-723 are exhausted. Syngenta Crop Protection, Inc. will be 
permitted to sell and distribute end-use product (product number 100-
722) until December 31, 2012, the effective date of the cancellation of 
product number 100-722. Thereafter, Syngenta Crop Protection, Inc. will 
be prohibited from selling or distributing the product number 100-722, 
except for export consistent with FIFRA section 17 or for proper 
disposal.
    Whitmire Micro-Gen Research Laboratories, Inc. will be permitted to 
sell and distribute existing stocks of voluntarily canceled end-use 
product (product number 499-437) until December 31, 2013. Thereafter, 
Whitmire Micro-Gen Research Laboratories, Inc. will be prohibited from 
selling or distributing product number 499-437, except for export 
consistent with FIFRA section 17 or for proper disposal.
    Persons other than the registrants may sell, distribute, or use 
existing stocks of the canceled products listed in Table 1 of Unit III, 
until supplies are exhausted, provided that such sale, distribution, or 
use is consistent with the terms of the previously approved labeling 
on, or that accompanied, the canceled products.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 18, 2010.
Peter Caulkins,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.

[FR Doc. 2010-21145 Filed 8-24-10; 8:45 am]
BILLING CODE 6560-50-S

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