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, 55327-55329 [2010-22482Filed]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Notices]
[Pages 55327-55329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22482Filed]


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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
----------------------------------------------------------------------------------------------------------------
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
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67869-46                               VeriGuard OD             Verichem, Inc.           Metal working
                                                                                         Fluids
----------------------------------------------------------------------------------------------------------------

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