Requests to Voluntarily Amend Registrations to Terminate Certain Uses: Tetrahydro–3,5–dimethyl–2H–1,3,5–thiadiazine–2–thione (Dazomet), 55327-55329 [2010-22482]

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register: September 10, 2010 (Volume 75, Number 175)]
[Notices]
[Page 55327-55329]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se10-54]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0128; FRL-8843-2]

Tetrahydro-3,5-dimethyl-2H-1,3,5-thiadiazine-2-thione (Dazomet);
Notice of Receipt of Request to Voluntarily Amend Registrations To
Terminate Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of a request by the registrant to voluntarily amend
two tetrahydro-3,5-dimethyl-2H-1,3,5-thiadiazine-2-thione product
registrations to terminate or delete one or more uses. The request
would delete tetrahydro-3,5-dimethyl-2H-1,3,5-thiadiazine-2-thione use
in or on air washer systems; eating establishments; hospitals and
related institutions; commercial institutions; institutional and
industrial areas/premises; swimming pool water systems; household or
domestic dwelling contents; evaporated condenser water systems;
irrigation systems; and metal working fluids. The request would not
terminate the last tetrahydro-3,5-dimethyl-2H-1,3,5-thiadiazine-2-
thione products registered for use in the United States. EPA intends to
grant this request 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 the registrant withdraws its request. If this request is
granted, any sale, distribution, or use of products listed in this
notice will be permitted after the uses are deleted 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 October 12, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0128, 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's telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0128. 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's
telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Abigail Downs, Antimicrobials Division
(7501P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-5259; fax number: (703) 308-6467; e-mail address:
downs.abigail@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

[[Page 55328]]

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

II. Background on the Receipt of Requests to Cancel and/or Amend
Registrations to Delete Uses

This notice announces receipt by EPA of a request from registrant
Verichem, Inc., to delete certain uses of tetrahydro-3,5-dimethyl-2H-
1,3,5-thiadiazine-2-thione product registrations. In letters dated
April 29, 2009, October 6, 2009, and July 8, 2010, Verichem, Inc.,
requested EPA to amend to delete certain uses of pesticide product
registrations identified in Table 1 of Unit III.

III. What Action is the Agency Taking?

This notice announces receipt by EPA of a request from Verichem,
Inc., to delete certain uses of tetrahydro-3,5-dimethyl-2H-1,3,5-
thiadiazine-2-thione product registrations. The affected products 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 amending the
affected registrations.

Table 1.--Tetrahydro-3,5-dimethyl-2H-1,3,5-thiadiazine-2-thione Product Registrations with Pending Requests for
Amendment
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Registration Number Product Name Company Uses to be Deleted
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67869-18 N521 Technical Verichem, Inc. Air washer systems
Eating establishments
Hospitals and related
institutions
Commercial institutions
Institutional and
industrial areas/
premises
Swimming pool water
systems
Household or domestic
dwelling contents
Evaporated condenser
water systems
Irrigation systems
----------------------------------------------------------------------------------------------------------------
67869-46 VeriGuard OD Verichem, Inc. Metal working
Fluids
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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.

Table 2.-- Registrants Requesting Voluntary Cancellation and/or
Amendments
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EPA Company Number Company Name and Address
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67869 Verichem, Inc.
3499 Grand Avenue
Pittsburgh, PA 15225
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IV. What is the Agency's Authority for Taking this Action?

Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any 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 tetrahydro-3,5-dimethyl-2H-1,3,5-thiadiazine-2-thione
registrant has requested that EPA waive the 180-day comment period.
Accordingly, EPA will provide a 30-day comment period on the proposed
requests.

[[Page 55329]]

V. Procedures for Withdrawal of Request

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 subjected to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.

VI. Provisions for Disposition of Existing Stocks

Existing stocks are those stocks of registered pesticide products
that are currently in the United States and were packaged, labeled, and
released for shipment prior to the effective date of the action. If the
request for amendments to delete uses is granted, the Agency intends to
publish the cancellation order in the Federal Register.
In any order issued in response to this request for an amendment
to delete uses, EPA proposes to include the following provisions for
the treatment of any existing stocks of the products listed in Table 1
of Unit III.
For voluntary product cancellations, registrants will be permitted
to sell and distribute existing stocks of voluntarily canceled products
for 1 year after the effective date of the cancellation which will be
the date of publication of the cancellation order in the Federal
Register. Thereafter, registrants will be prohibited from selling or
distributing the products identified in Table 1 of Unit III., except
for export consistent with FIFRA section 17 or for proper disposal.
Once EPA has approved product labels reflecting the requested
amendments to delete uses, registrants will be permitted to sell or
distribute products under the previously approved labeling for a period
of 18 months after the date of Federal Register publication of the
cancellation order, unless other restrictions have been imposed.
Thereafter, registrants will be prohibited from selling or distributing
the products whose labels include the deleted uses identified in Table
1 of Unit III., except for export consistent with FIFRA section 17 or
for proper disposal.
Persons other than the registrant may sell, distribute, or use
existing stocks of products whose labels include the deleted uses until
supplies are exhausted, provided that the sale, distribution, or use is
consistent with the terms of the previously approved labeling on, or
that accompanied, the deleted uses.

List of Subjects

Environmental protection, Antimicrobials, Pesticides and pests,
Tetrahydro-3,5-dimethyl-2H-1,3,5-thiadiazine-2-thione.

Dated: August 26, 2010.
Joan Harrigan-Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.

[FR Doc. 2010-22482 Filed 9-9-10; 8:45 am]
BILLING CODE 6560-50-S

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