Endosulfan: Final Product Cancellation Order, 69065-69069 [2010-28138]
Download as PDF
Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Notices
Dated: November 2, 2010.
Darrell A. Winner,
Acting Director, National Center for
Environmental Assessment.
[FR Doc. 2010–28382 Filed 11–9–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9224–5]
Draft Toxicological Review of Urea: In
Support of Summary Information on
the Integrated Risk Information System
(IRIS)
Environmental Protection
Agency (EPA).
ACTION: Notice of peer review meeting.
AGENCY:
EPA is announcing that
Versar, Inc., an EPA contractor for
external scientific peer review, will
convene an independent panel of
experts and organize and conduct an
external peer review meeting to review
the draft human health assessment
titled, ‘‘Toxicological Review of Urea: In
Support of Summary Information on the
Integrated Risk Information System
(IRIS)’’ (EPA/635/R–10/005). The draft
assessment was prepared by the
National Center for Environmental
Assessment (NCEA) within the EPA
Office of Research and Development.
On September 28 EPA released this
draft assessment [75 FR 59716] solely
for the purpose of pre-dissemination
peer review under applicable
information quality guidelines. This
draft assessment has not been formally
disseminated by EPA. It does not
represent and should not be construed
to represent any Agency policy or
determination.
Versar, Inc. invites the public to
register to attend this workshop as
observers. In addition, Versar, Inc.
invites the public to give brief oral
comments and/or provide written
comments at the workshop regarding
the draft assessment under review. Time
is limited, and reservations will be
accepted on a first-come, first-served
basis. In preparing a final report, EPA
will consider Versar, Inc.’s report of the
comments and recommendations from
the external peer review workshop and
any written public comments that EPA
receives in accordance with this notice.
DATES: The peer review panel workshop
on the draft assessment for Urea will be
held via teleconference on December 13,
2010, beginning at 1 p.m. and ending at
5 p.m. Eastern Standard Time.
ADDRESSES: The draft ‘‘Toxicological
Review of Urea: In Support of Summary
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SUMMARY:
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Information on the Integrated Risk
Information System (IRIS)’’ is available
primarily via the Internet on the NCEA
home page under the Recent Additions
and Publications menus at https://
www.epa.gov/ncea. A limited number of
paper copies are available from the
Information Management Team
(Address: Information Management
Team, National Center for
Environmental Assessment [Mail Code:
8601P], U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460; telephone:
703–347–8561; facsimile: 703–347–
8691). If you request a paper copy,
please provide your name, mailing
address, and the draft assessment title.
The peer review meeting on the draft
Urea assessment will be held via
teleconference. To attend the
teleconference, register no later than
December 6, 2010, by contacting Versar
Inc. by e-mail: saundkat@versar.com
(subject line: Urea Peer Review
Meeting), by phone: 703–750–3000, ext.
545 or toll free at 1–800–2–VERSAR (1–
800–283–7727), ask for Kathy Coon, the
Urea Peer Review Meeting Coordinator,
or by faxing a registration request to
703–642–6809 (please reference the
Urea Peer Review Meeting and include
your name, title, affiliation, full address
and contact information). There will be
limited time at the peer review
workshop for comments from the
public. Please inform Versar, Inc. if you
wish to make comments during the
workshop.
FOR FURTHER INFORMATION CONTACT: For
information on registration, access or
services for individuals with
disabilities, or logistics for the external
peer review workshop, please contact
Versar, Inc. at 6850 Versar Center,
Springfield, VA 22151; by e-mail:
saundkat@versar.com (subject line: Urea
Peer Review Meeting), by phone: 703–
750–3000, ext. 545 or toll free at 1–800–
2–VERSAR (1–800–283–7727), ask for
Kathy Coon, the Urea Peer Review
Meeting Coordinator, or by faxing a
registration request to 703–642–6809
(please reference the Urea Peer Review
Meeting and include your name, title,
affiliation, full address and contact
information).
For information on the draft
assessment, please contact Amanda
Persad, National Center for
Environmental Assessment [Mail Code:
B–243–01], U.S. Environmental
Protection Agency, National Center for
Environmental Assessment, Office of
Research and Development U.S.
Environmental Protection Agency,
Research Triangle Park, NC 27711;
telephone: 919–541 9781; facsimile:
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69065
919–541–2985; or e-mail:
FRN_Questions@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Information About IRIS
EPA’s IRIS is a human health
assessment program that evaluates
quantitative and qualitative risk
information on effects that may result
from exposure to chemical substances
found in the environment. Through the
IRIS Program, EPA provides the highest
quality science-based human health
assessments to support the Agency’s
regulatory activities. The IRIS database
contains information for more than 540
chemical substances that can be used to
support the first two steps (hazard
identification and dose-response
evaluation) of the risk assessment
process. When supported by available
data, IRIS provides oral reference doses
(RfDs) and inhalation reference
concentrations (RfCs) for chronic
noncancer health effects as well as
assessments of potential carcinogenic
effects resulting from chronic exposure.
Combined with specific exposure
information, government and private
entities use IRIS to help characterize
public health risks of chemical
substances in a site-specific situation
and thereby support risk management
decisions designed to protect public
health.
Dated: November 4, 2010.
Darrell A. Winner,
Acting Director, National Center for
Environmental Assessment.
[FR Doc. 2010–28381 Filed 11–9–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2002–0262; FRL–8852–4]
Endosulfan: Final Product Cancellation
Order
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This notice announces EPA’s
order for the cancellations, voluntarily
requested by the registrants and
accepted by the Agency of pesticide
products containing endosulfan,
pursuant to section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA), as amended. This
cancellation order follows an August 18,
2010, Federal Register Notice of Receipt
of Requests from the endosulfan
registrants to voluntarily cancel their
product registrations. In the August 18,
2010, notice, EPA indicated that it
SUMMARY:
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would grant the request and issue a
cancellation order unless the Agency
received substantive comments within
the 30-day comment period that would
merit its further review of these
requests, or unless the registrants
withdrew their requests within this
period. The Agency received three
comments on the notice in support of
the cancellations of all endosulfan
products, which included signatures
from over 53,000 individuals. Upon
review of these comments, EPA
determined that the Agency should,
nonetheless, grant the registrants’
cancellation requests. The registrants
did not withdraw their requests.
Accordingly, EPA hereby issues in this
notice a cancellation order granting the
requested cancellations. Any FIFRA
section 3 or 24(c) registration,
distribution, sale, or use of endosulfan
products subject to this cancellation
order is permitted only in accordance
with the terms of this order.
DATES: The use deletions and
cancellations in this order are effective
as provided in Unit IV.
FOR FURTHER INFORMATION CONTACT:
Melanie Biscoe, Pesticide Re-evaluation
Division, Office of Pesticide Programs
(7508P), 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
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B. How can I get copies of this document
and other related information?
EPA has established a docket for this
action under docket identification (ID)
number EPA–HQ–OPP–2002–0262.
Publicly available docket materials are
available either in the electronic docket
at https://www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP), Regulatory
Public Docket in Rm. S–4400, One
18:25 Nov 09, 2010
II. What action is the agency taking?
This notice announces the
cancellations, as requested by
registrants, of all endosulfan products
registered under sections 3 and 24(c) of
FIFRA. These registrations are listed in
sequence by registration number in
Table 1 of this unit. Note that the
product names of several registration
numbers were corrected in this table
subsequent to the August 18, 2010,
Federal Register Notice of Receipt of
Requests (75 FR 51049) (FRL–8841–5)
from the endosulfan registrants to
voluntarily cancel their product
registrations. However the registration
numbers listed in the August 18, 2010,
Federal Register Notice were correct
and did not need to be amended in this
notice.
TABLE 1—ENDOSULFAN PRODUCTS
SUBJECT TO THIS CANCELLATION
ORDER
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TABLE 1—ENDOSULFAN PRODUCTS
SUBJECT TO THIS CANCELLATION
ORDER—Continued
Registration No.
OR030024
UT030003
WA030013
WA030017
WA030018
WA030024
WA030027
WA980012
EPA
company
No.
11678 ...
19713 ...
Chemical
name
11678–5 ..
Thionex
Endosulfan
Technical.
Drexel
Endosulfan
2EC.
Drexel
Endosulfan
Technical.
Drexel
Endosulfan
3EC.
Endalfly Insecticide Cattle
Ear Tag.
Thionex 50W ..
Thionex 3EC ..
Thionex Technical.
Thionex 3EC ..
Drexel
Endosulfan
3EC.
Thionex 50W ..
Thionex 3EC ..
Thionex 3EC ..
Thionex 3EC ..
Thionex 3EC ..
Drexel
Endosulfan
3EC.
Thionex 3EC ..
Thionex 3EC ..
Thionex 3EC ..
Thionex 3EC ..
Thionex 50W ..
Thionex 3EC ..
Endosulfan.
61483 ...
Endosulfan.
66222 ...
19713–399
61483–65
66222–62
66222–63
66222–64
AZ030004
AZ980004
HI030001
HI030002
HI070006
ID030002
ID030004
ID980003
NC080001
NV030001
OR030007
OR030010
OR030012
OR030013
PO 00000
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Fmt 4703
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Sfmt 4703
Thionex 3EC
Thionex 3EC
Thionex 3EC
Thionex 50W
Thionex 3EC
Thionex 3EC
Thionex 3EC
Drexel
Endosulfan
3EC.
..
..
..
..
..
..
..
Chemical
name
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
Endosulfan.
TABLE 2—REGISTRANTS OF CANCELED
PRODUCTS
Product name
19713–319
Product name
Table 2 of this unit includes the
names and addresses of record, in
sequence by EPA company number, for
all registrants of the products in Table
1 of this unit.
Registration No.
19713–9 ..
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.
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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.
Company name and address
Makhteshim Chemical Works, Ltd.,
4515 Falls of Neuse Rd., Suite
300, Raleigh, NC 27609.
Drexel Chemical Company, 1700
Channel Avenue, P.O. Box
13327, Memphis, TN 38113–
0327.
KMG-Bernuth, Inc., 9555 W. Sam
Houston Pkwy., South, Suite
600, Houston, TX 77099.
Makhteshim-Agan of North America, Inc., 4515 Falls of Neuse
Rd., Suite 300, Raleigh, NC
27609.
III. Summary of Public Comments
Received and Agency Response to
Comments
The Agency received three comments
on the notice, published on August 18,
2010, that announced receipt of the
requests for voluntary cancellation and
opened a 30-day public comment period
that ended on September 17, 2010.
These comments were received from
Pesticide Action Network North
America (PANNA) and over 3,000
supporters, Defenders of Wildlife and
over 50,000 supporters, and a private
citizen. All comments support
cancellation of all endosulfan pesticide
products in the United States. The
comments from PANNA, Defenders of
Wildlife, and by extension the
supporters of those organizations,
request that EPA shorten the phase-out
schedule for endosulfan, referring in
general terms to a concern over
continued risks to farmworkers, wildlife
and the environment, and indigenous
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peoples in the Arctic, as well as each
organization’s assertion that alternatives
to endosulfan are available.
The Agency appreciates the
comments submitted by the public.
Pursuant to the cancellation request
made as part of the endosulfan
Memorandum of Agreement (MOA)
with endosulfan registrants, most
currently approved endosulfan crop
uses will end in 2 years, including over
30 crop uses plus use on ornamental
trees, shrubs, and herbaceous plants.
The remaining 12 crop uses will end
over the following 4 years. Of these
remaining uses, the last four endosulfan
uses will end on July 31, 2016.
EPA expects growers currently using
endosulfan to successfully transition to
lower risk pest control strategies. The
endosulfan phase-out schedule helps
facilitate this transition by providing
growers time to research and adopt
lower risk alternatives. Recognizing that
endosulfan affords benefits in producing
certain individual crops, the phase-out
schedule allows a longer phase-out
period where EPA determined there are
benefits of endosulfan use and/or fewer
available alternatives to endosulfan.
With regard to the commenters’
concern about farmworker and
environmental risks, EPA is requiring
new mitigation measures for many crops
during the endosulfan phase-out period
in addition to mitigation requirements
placed on endosulfan labels in previous
years. Although these additional
mitigation measures are designed to
reduce worker risks, restricting and
phasing out all uses of endosulfan will
also address risks to wildlife and the
environment.
Additional mitigation required during
the phase-out varies by crop and
includes measures such as:
• Canceling aerial use and specifying
other application methods.
• Extending Restricted Entry Intervals
(REIs).
• Extending Pre-harvest Intervals
(PHIs).
• Reducing maximum single and/or
seasonal application rates.
Detailed information about the
additional mitigation measures is
provided in the Appendices to the
endosulfan MOA, which can be found at
docket number EPA–HQ–OPP–2002–
0262–0181 on https://
www.regulations.gov.
With regard to the commenters’
concern for endosulfan contamination
of subsistence foods, the Agency’s
human health risk assessment has
determined that there are no dietary
risks of concern resulting from
endosulfan use for all populations
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including indigenous people in the
Arctic.
Because of the extensive additional
mitigation required for many endosulfan
uses for the duration of the phase-out
period, in combination with the benefits
afforded by and/or limited alternatives
for certain uses of endosulfan, the
Agency has decided not to alter the
phase-out schedule requested by the
endosulfan registrants and detailed in
the endosulfan MOA.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA
hereby approves the requested
cancellations of registrations identified
in Table 1 of Unit II. and hereby orders
that:
• All endosulfan product
registrations, identified in Table 1 of
Unit II. are canceled for uses listed in
List 1 of Unit VI. as of November 10,
2010.
• All endosulfan product
registrations, identified in Table 1 of
Unit II. are canceled for uses listed in
List 2 of Unit VI. as of March 31, 2012.
• All endosulfan product
registrations, identified in Table 1 of
Unit II. are canceled for uses listed in
List 3 of Unit VI. as of March 31, 2013.
• All endosulfan product
registrations, identified in Table 1 of
Unit II. are canceled for uses listed in
List 4 of Unit VI. as of September 1,
2014.
• All endosulfan product
registrations, identified in Table 1 of
Unit II. are canceled for uses listed in
List 5 of Unit VI. as of March 31, 2015.
• All endosulfan product
registrations, identified in Table 1 of
Unit II. are canceled for uses listed in
List 6 of Unit VI. as of March 31, 2016.
EPA further orders that effective July 31,
2016, all section 3 registrations of
endosulfan are canceled. The effective
date of canceled section 3 registrations
will therefore correspond with end use
dates established in this order. As a
matter of clarification, all FIFRA 24(c)
Special Local Need registrations may
remain in effect until their respective
expiration dates, which will correspond
with end use dates established in this
order.
V. 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. Thereafter,
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following the public comment period,
the Administrator may approve such a
request.
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. In any order
issued in response to these requests for
amendments to terminate uses, the
Agency proposes to include the
following provisions for the treatment of
any existing stocks of the products
identified or referenced in Table 1.
These provisions are consistent with the
requests for use deletions and requests
for voluntary cancellations outlined in
Unit II. of this notice:
1. For the uses in List 1 of this unit.—
i. EPA prohibits the registrants’
distribution, sale, and reformulation of
products permitting the following uses
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 prohibits the distribution or
sale of products permitting the
following uses 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 prohibits registration and use
of those products that show uses listed
in List 1 on the label for those same uses
after July 31, 2012. The stop use date for
the uses listed in List 1 of this unit must
be reflected on amended product
labeling. Any use of existing stocks
must be consistent with the previously
approved directions for use on product
labeling.
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
Macadamia
Mustard greens
Nectarine (CA only)
Plum & prune
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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 prohibits the registrants’
distribution, sale, and reformulation of
products permitting the following uses
after March 31, 2012, except sale or
distribution of such products for the
purposes of proper disposal, or export
consistent with section 17 of FIFRA.
ii. EPA prohibits the distribution or
sale of products permitting the
following uses by persons other than the
registrants after May 31, 2012, except
sale or distribution of such products for
the purposes of proper disposal, or
export consistent with section 17 of
FIFRA.
iii. EPA prohibits registration and use
of those products that show uses listed
in List 2 on the label for those same uses
after July 31, 2012. The stop use date for
the uses listed in List 2 of this unit must
be reflected on amended product
labeling. Any use of existing stocks
must be consistent with the previously
approved directions for use on product
labeling.
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 uses in List 3 of this unit.—
i. EPA prohibits the registrants’
distribution, sale, and reformulation of
products permitting the following uses
after March 31, 2013, except sale or
distribution of such products for the
purposes of proper disposal, or export
consistent with section 17 of FIFRA.
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ii. EPA prohibits the distribution or
sale of products permitting the
following uses by persons other than the
registrants after May 31, 2013, except
sale or distribution of such products for
the purposes of proper disposal, or
export consistent with section 17 of
FIFRA.
iii. EPA prohibits registration and use
of those products that show uses listed
in List 3 on the label for those same uses
after July 31, 2013. The stop use date for
the uses listed in List 3 of this unit must
be reflected on amended product
labeling. Any use of existing stocks
must be consistent with the previously
approved directions for use on product
labeling.
following uses by persons other than the
registrants after May 31, 2015, except
sale or distribution of such products for
the purposes of proper disposal, or
export consistent with section 17 of
FIFRA.
iii. EPA prohibits registration and use
of those products that show uses listed
in List 5 on the label for those same uses
after July 31, 2015. The stop use date for
the uses listed in List 5 of this unit must
be reflected on amended product
labeling. Any use of existing stocks
must be consistent with the previously
approved directions for use on product
labeling.
List 3.—Phase-Out Group C
Pear
4. For the uses in List 4 of this unit.—
i. EPA prohibits the registrants’
distribution, sale, and reformulation of
products permitting the following uses
in the state of Florida after September
30, 2014, except sale or distribution of
such products for the purposes of
proper disposal, or export consistent
with section 17 of FIFRA.
ii. EPA prohibits the distribution or
sale in the state of Florida of products
permitting the following uses by
persons other than the registrants after
October 31, 2014, except sale or
distribution of such products for the
purposes of proper disposal, or export
consistent with section 17 of FIFRA.
iii. EPA prohibits registration and use
of those products that show uses listed
in List 4 on the label for those same uses
in the state of Florida after December 31,
2014. The stop use date for the uses
listed in List 4 of this unit must be
reflected on amended product labeling.
Any use of existing stocks must be
consistent with the previously approved
directions for use on product labeling.
Apple
Blueberry
Peppers
Potatoes
Pumpkins
Sweet corn
Tomato
Winter squash
6. For the uses in List 6 of this unit.—
i. EPA prohibits the registrants’
distribution, sale, and reformulation of
products permitting the following uses
after March 31, 2016, except sale or
distribution of such products for the
purposes of proper disposal, or export
consistent with section 17 of FIFRA.
ii. EPA prohibits the distribution or
sale of products permitting the
following uses by persons other than the
registrants after May 31, 2016, except
sale or distribution of such products for
the purposes of proper disposal, or
export consistent with section 17 of
FIFRA.
iii. EPA prohibits registration and use
of those products that show uses listed
in List 6 on the label for those same uses
after July 31, 2016. The stop use date for
the uses listed in List 6 of this unit must
be reflected on amended product
labeling. Any use of existing stocks
must be consistent with the previously
approved directions for use on product
labeling.
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 prohibits the registrants’
distribution, sale, and reformulation of
products permitting the following uses
after March 31, 2015, except sale or
distribution of such products for the
purposes of proper disposal, or export
consistent with section 17 of FIFRA.
ii. EPA prohibits the distribution or
sale of products permitting the
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List 5.—Phase-Out Group E
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.
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Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Notices
Dated: October 28, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2010–28138 Filed 11–9–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9224–8]
Science Advisory Board Staff Office
Notification of a Public Meeting of the
SAB Lead Review Panel
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA Science Advisory
Board (SAB) Staff Office announces a
public meeting of the SAB Lead Review
Panel to peer review two draft EPA
documents entitled Approach for
Developing Lead Dust Hazard
Standards for Residences and Approach
for Developing Lead Dust Hazard
Standards for Public and Commercial
Buildings.
DATES: There will be a public meeting
held on December 6, 2010 from 9 a.m.
to 5 p.m. (Eastern Time) and December
7, 2010 from 8:30 a.m. to 12:30 p.m.
(Eastern Time).
ADDRESSES: The face-to-face meeting on
December 6–7, 2010 will be held at the
Madison Hotel, 1177 15th Street, NW.,
Washington, DC 20005; telephone (202)
862–1600.
FOR FURTHER INFORMATION CONTACT: Any
member of the public wishing to obtain
information concerning the public
meeting may contact Mr. Aaron Yeow,
Designated Federal Officer (DFO), EPA
Science Advisory Board Staff Office
(1400R), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460; by
telephone/voice mail at (202) 564–2050
or at yeow.aaron@epa.gov. General
information about the SAB, as well as
any updates concerning the meeting
announced in this notice, may be found
on the EPA Web site at https://
www.epa.gov/sab.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act
(FACA), 5 U.S.C., App. 2, notice is
hereby given that the SAB Lead Review
Panel will hold a public face-to-face
meeting to peer review two draft EPA
documents entitled Approach for
Developing Lead Dust Hazard
Standards for Residences and Approach
for Developing Lead Dust Hazard
Standards for Public and Commercial
Buildings. The SAB was established
emcdonald on DSK2BSOYB1PROD with NOTICES
SUMMARY:
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pursuant to 42 U.S.C. 4365 to provide
independent scientific and technical
advice to the Administrator on the
technical basis for Agency positions and
regulations. The SAB is a Federal
Advisory Committee chartered under
FACA. The SAB will comply with the
provisions of FACA and all appropriate
SAB Staff Office procedural policies.
Background: Human exposure to lead
may cause a variety of adverse health
effects, particularly in children. EPA’s
Office of Pollution Prevention and
Toxics (OPPT) regulates toxic
substances, such as lead, through the
Toxic Substances Control Act (TSCA).
In 2001, EPA established standards for
lead-based paint hazards, which include
lead in residential dust. OPPT is
considering possible revision of the
residential lead-based paint dust hazard
standards and the development of leadbased paint dust hazard standards for
public and commercial buildings. As
part of this effort, OPPT has developed
two draft documents, Approach for
Developing Lead Dust Standards for
Residences and Approach for
Developing Lead Dust Standards for
Public and Commercial Buildings. OPPT
sought consultative advice from the
SAB Lead Review Panel on early drafts
of the documents on July 6–7, 2010
[Federal Register Notice dated June 3,
2010 (75 FR 31433–31434)]. EPA has
considered the advice provided by
individual members of the SAB Lead
Review Panel in revising the two
documents that will be peer reviewed
by the SAB Lead Review Panel on
December 6–7, 2010. For this peer
review, EPA has requested that the SAB
panel provide recommendations on: The
technical approaches for developing the
hazard standards, empirical blood lead
modeling, analysis of variability and
uncertainty, and biokinetic blood lead
modeling.
Availability of Meeting Materials:
Agendas and materials in support of this
meeting will be placed on the EPA Web
site at https://www.epa.gov/sab in
advance of the meeting. For technical
questions and information concerning
EPA’s documents please contact Dr.
Jennifer Seed at (202) 564–7634, or
seed.jennifer@epa.gov.
Procedures for Providing Public Input:
Public comment for consideration by
EPA’s federal advisory committees and
panels has a different purpose from
public comment provided to EPA
program offices. Therefore, the process
for submitting comments to a federal
advisory committee is different from the
process used to submit comments to an
EPA program office.
Federal advisory committees and
panels, including scientific advisory
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committees, provide independent
advice to EPA. Members of the public
can submit comments for a federal
advisory committee to consider as it
develops advice for EPA. They should
send their comments directly to the
Designated Federal Officer for the
relevant advisory committee. Oral
Statements: In general, individuals or
groups requesting an oral presentation
at a public face-to-face meeting will be
limited to five minutes, with no more
than a total of one hour for all speakers.
Each person making an oral statement
should consider providing written
comments as well as their oral statement
so that the points presented orally can
be expanded upon in writing. Interested
parties should contact Mr. Aaron Yeow,
DFO, in writing (preferably via e-mail)
at the contact information noted above
by November 29, 2010 for the face-toface meeting, to be placed on the list of
public speakers. Written Statements:
Written statements should be supplied
to the DFO via e-mail at the contact
information noted above by November
29, 2010 for the face-to-face meeting so
that the information may be made
available to the Panel members for their
consideration. Written statements
should be supplied in one of the
following electronic formats: Adobe
Acrobat PDF, MS Word, MS
PowerPoint, or Rich Text files in IBM–
PC/Windows 98/2000/XP format.
Submitters are requested to provide
versions of signed documents,
submitted with and without signatures,
because the SAB Staff Office does not
publish documents with signatures on
its Web sites.
Accessibility: For information on
access or services for individuals with
disabilities, please contact Mr. Aaron
Yeow at (202) 564–2050 or yeow.aaron
@epa.gov. To request accommodation of
a disability, please contact Mr. Yeow
preferably at least ten days prior to each
meeting to give EPA as much time as
possible to process your request.
Dated: November 4, 2010.
Anthony F. Maciorowski,
Deputy Director, EPA Science Advisory Staff
Office.
[FR Doc. 2010–28379 Filed 11–9–10; 8:45 am]
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Agencies
[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Notices]
[Pages 69065-69069]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28138]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2002-0262; FRL-8852-4]
Endosulfan: Final Product Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrants and accepted by the Agency of
pesticide products containing endosulfan, pursuant to section 6(f)(1)
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. This cancellation order follows an August 18, 2010, Federal
Register Notice of Receipt of Requests from the endosulfan registrants
to voluntarily cancel their product registrations. In the August 18,
2010, notice, EPA indicated that it
[[Page 69066]]
would grant the request and issue a cancellation order unless the
Agency received substantive comments within the 30-day comment period
that would merit its further review of these requests, or unless the
registrants withdrew their requests within this period. The Agency
received three comments on the notice in support of the cancellations
of all endosulfan products, which included signatures from over 53,000
individuals. Upon review of these comments, EPA determined that the
Agency should, nonetheless, grant the registrants' cancellation
requests. The registrants did not withdraw their requests. Accordingly,
EPA hereby issues in this notice a cancellation order granting the
requested cancellations. Any FIFRA section 3 or 24(c) registration,
distribution, sale, or use of endosulfan products subject to this
cancellation order is permitted only in accordance with the terms of
this order.
DATES: The use deletions and cancellations in this order are effective
as provided in Unit IV.
FOR FURTHER INFORMATION CONTACT: Melanie Biscoe, Pesticide Re-
evaluation Division, Office of Pesticide Programs (7508P),
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, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
B. How can I get copies of this document and other related information?
EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2002-0262. Publicly available
docket materials are available either in the electronic docket at
https://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP), Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility's telephone number is (703) 305-5805.
II. What action is the agency taking?
This notice announces the cancellations, as requested by
registrants, of all endosulfan products registered under sections 3 and
24(c) of FIFRA. These registrations are listed in sequence by
registration number in Table 1 of this unit. Note that the product
names of several registration numbers were corrected in this table
subsequent to the August 18, 2010, Federal Register Notice of Receipt
of Requests (75 FR 51049) (FRL-8841-5) from the endosulfan registrants
to voluntarily cancel their product registrations. However the
registration numbers listed in the August 18, 2010, Federal Register
Notice were correct and did not need to be amended in this notice.
Table 1--Endosulfan Products Subject to This Cancellation Order
------------------------------------------------------------------------
Registration No. Product name Chemical name
------------------------------------------------------------------------
11678-5......................... Thionex Endosulfan Endosulfan.
Technical.
19713-9......................... Drexel Endosulfan Endosulfan.
2EC.
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.
66222-63........................ Thionex 3EC....... Endosulfan.
66222-64........................ Thionex Technical. Endosulfan.
AZ030004........................ Thionex 3EC....... Endosulfan.
AZ980004........................ Drexel Endosulfan Endosulfan.
3EC.
HI030001........................ Thionex 50W....... Endosulfan.
HI030002........................ Thionex 3EC....... Endosulfan.
HI070006........................ Thionex 3EC....... Endosulfan.
ID030002........................ Thionex 3EC....... Endosulfan.
ID030004........................ Thionex 3EC....... Endosulfan.
ID980003........................ Drexel Endosulfan Endosulfan.
3EC.
NC080001........................ Thionex 3EC....... Endosulfan.
NV030001........................ Thionex 3EC....... Endosulfan.
OR030007........................ Thionex 3EC....... Endosulfan.
OR030010........................ Thionex 3EC....... Endosulfan.
OR030012........................ Thionex 50W....... Endosulfan.
OR030013........................ Thionex 3EC....... Endosulfan.
OR030024........................ Thionex 3EC....... Endosulfan.
UT030003........................ Thionex 3EC....... Endosulfan.
WA030013........................ Thionex 3EC....... Endosulfan.
WA030017........................ Thionex 50W....... Endosulfan.
WA030018........................ Thionex 3EC....... Endosulfan.
WA030024........................ Thionex 3EC....... Endosulfan.
WA030027........................ Thionex 3EC....... Endosulfan.
WA980012........................ Drexel Endosulfan Endosulfan.
3EC.
------------------------------------------------------------------------
Table 2 of this unit includes the names and addresses of record, in
sequence by EPA company number, for all registrants of the products in
Table 1 of this unit.
Table 2--Registrants of Canceled Products
------------------------------------------------------------------------
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 Avenue, P.O. Box
13327, Memphis, TN 38113-0327.
61483.................................. KMG-Bernuth, Inc., 9555 W. Sam
Houston Pkwy., South, Suite
600, Houston, TX 77099.
66222.................................. Makhteshim-Agan of North
America, Inc., 4515 Falls of
Neuse Rd., Suite 300, Raleigh,
NC 27609.
------------------------------------------------------------------------
III. Summary of Public Comments Received and Agency Response to
Comments
The Agency received three comments on the notice, published on
August 18, 2010, that announced receipt of the requests for voluntary
cancellation and opened a 30-day public comment period that ended on
September 17, 2010. These comments were received from Pesticide Action
Network North America (PANNA) and over 3,000 supporters, Defenders of
Wildlife and over 50,000 supporters, and a private citizen. All
comments support cancellation of all endosulfan pesticide products in
the United States. The comments from PANNA, Defenders of Wildlife, and
by extension the supporters of those organizations, request that EPA
shorten the phase-out schedule for endosulfan, referring in general
terms to a concern over continued risks to farmworkers, wildlife and
the environment, and indigenous
[[Page 69067]]
peoples in the Arctic, as well as each organization's assertion that
alternatives to endosulfan are available.
The Agency appreciates the comments submitted by the public.
Pursuant to the cancellation request made as part of the endosulfan
Memorandum of Agreement (MOA) with endosulfan registrants, most
currently approved endosulfan crop uses will end in 2 years, including
over 30 crop uses plus use on ornamental trees, shrubs, and herbaceous
plants. The remaining 12 crop uses will end over the following 4 years.
Of these remaining uses, the last four endosulfan uses will end on July
31, 2016.
EPA expects growers currently using endosulfan to successfully
transition to lower risk pest control strategies. The endosulfan phase-
out schedule helps facilitate this transition by providing growers time
to research and adopt lower risk alternatives. Recognizing that
endosulfan affords benefits in producing certain individual crops, the
phase-out schedule allows a longer phase-out period where EPA
determined there are benefits of endosulfan use and/or fewer available
alternatives to endosulfan.
With regard to the commenters' concern about farmworker and
environmental risks, EPA is requiring new mitigation measures for many
crops during the endosulfan phase-out period in addition to mitigation
requirements placed on endosulfan labels in previous years. Although
these additional mitigation measures are designed to reduce worker
risks, restricting and phasing out all uses of endosulfan will also
address risks to wildlife and the environment.
Additional mitigation required during the phase-out varies by crop
and includes measures such as:
Canceling aerial use and specifying other application
methods.
Extending Restricted Entry Intervals (REIs).
Extending Pre-harvest Intervals (PHIs).
Reducing maximum single and/or seasonal application rates.
Detailed information about the additional mitigation measures is
provided in the Appendices to the endosulfan MOA, which can be found at
docket number EPA-HQ-OPP-2002-0262-0181 on https://www.regulations.gov.
With regard to the commenters' concern for endosulfan contamination
of subsistence foods, the Agency's human health risk assessment has
determined that there are no dietary risks of concern resulting from
endosulfan use for all populations including indigenous people in the
Arctic.
Because of the extensive additional mitigation required for many
endosulfan uses for the duration of the phase-out period, in
combination with the benefits afforded by and/or limited alternatives
for certain uses of endosulfan, the Agency has decided not to alter the
phase-out schedule requested by the endosulfan registrants and detailed
in the endosulfan MOA.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations of registrations identified in Table 1 of Unit II. and
hereby orders that:
All endosulfan product registrations, identified in Table
1 of Unit II. are canceled for uses listed in List 1 of Unit VI. as of
November 10, 2010.
All endosulfan product registrations, identified in Table
1 of Unit II. are canceled for uses listed in List 2 of Unit VI. as of
March 31, 2012.
All endosulfan product registrations, identified in Table
1 of Unit II. are canceled for uses listed in List 3 of Unit VI. as of
March 31, 2013.
All endosulfan product registrations, identified in Table
1 of Unit II. are canceled for uses listed in List 4 of Unit VI. as of
September 1, 2014.
All endosulfan product registrations, identified in Table
1 of Unit II. are canceled for uses listed in List 5 of Unit VI. as of
March 31, 2015.
All endosulfan product registrations, identified in Table
1 of Unit II. are canceled for uses listed in List 6 of Unit VI. as of
March 31, 2016.
EPA further orders that effective July 31, 2016, all section 3
registrations of endosulfan are canceled. The effective date of
canceled section 3 registrations will therefore correspond with end use
dates established in this order. As a matter of clarification, all
FIFRA 24(c) Special Local Need registrations may remain in effect until
their respective expiration dates, which will correspond with end use
dates established in this order.
V. 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. Thereafter,
following the public comment period, the Administrator may approve such
a request.
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. In any order issued in response to these requests
for amendments to terminate uses, the Agency proposes to include the
following provisions for the treatment of any existing stocks of the
products identified or referenced in Table 1. These provisions are
consistent with the requests for use deletions and requests for
voluntary cancellations outlined in Unit II. of this notice:
1. For the uses in List 1 of this unit.--i. EPA prohibits the
registrants' distribution, sale, and reformulation of products
permitting the following uses 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 prohibits the distribution or sale of products permitting
the following uses 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 prohibits registration and use of those products that show
uses listed in List 1 on the label for those same uses after July 31,
2012. The stop use date for the uses listed in List 1 of this unit must
be reflected on amended product labeling. Any use of existing stocks
must be consistent with the previously approved directions for use on
product labeling.
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
Macadamia
Mustard greens
Nectarine (CA only)
Plum & prune
[[Page 69068]]
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 prohibits the
registrants' distribution, sale, and reformulation of products
permitting the following uses after March 31, 2012, except sale or
distribution of such products for the purposes of proper disposal, or
export consistent with section 17 of FIFRA.
ii. EPA prohibits the distribution or sale of products permitting
the following uses by persons other than the registrants after May 31,
2012, except sale or distribution of such products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
iii. EPA prohibits registration and use of those products that show
uses listed in List 2 on the label for those same uses after July 31,
2012. The stop use date for the uses listed in List 2 of this unit must
be reflected on amended product labeling. Any use of existing stocks
must be consistent with the previously approved directions for use on
product labeling.
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 uses in List 3 of this unit.--i. EPA prohibits the
registrants' distribution, sale, and reformulation of products
permitting the following uses after March 31, 2013, except sale or
distribution of such products for the purposes of proper disposal, or
export consistent with section 17 of FIFRA.
ii. EPA prohibits the distribution or sale of products permitting
the following uses by persons other than the registrants after May 31,
2013, except sale or distribution of such products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
iii. EPA prohibits registration and use of those products that show
uses listed in List 3 on the label for those same uses after July 31,
2013. The stop use date for the uses listed in List 3 of this unit must
be reflected on amended product labeling. Any use of existing stocks
must be consistent with the previously approved directions for use on
product labeling.
List 3.--Phase-Out Group C
Pear
4. For the uses in List 4 of this unit.--i. EPA prohibits the
registrants' distribution, sale, and reformulation of products
permitting the following uses in the state of Florida after September
30, 2014, except sale or distribution of such products for the purposes
of proper disposal, or export consistent with section 17 of FIFRA.
ii. EPA prohibits the distribution or sale in the state of Florida
of products permitting the following uses by persons other than the
registrants after October 31, 2014, except sale or distribution of such
products for the purposes of proper disposal, or export consistent with
section 17 of FIFRA.
iii. EPA prohibits registration and use of those products that show
uses listed in List 4 on the label for those same uses in the state of
Florida after December 31, 2014. The stop use date for the uses listed
in List 4 of this unit must be reflected on amended product labeling.
Any use of existing stocks must be consistent with the previously
approved directions for use on product labeling.
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 prohibits the
registrants' distribution, sale, and reformulation of products
permitting the following uses after March 31, 2015, except sale or
distribution of such products for the purposes of proper disposal, or
export consistent with section 17 of FIFRA.
ii. EPA prohibits the distribution or sale of products permitting
the following uses by persons other than the registrants after May 31,
2015, except sale or distribution of such products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
iii. EPA prohibits registration and use of those products that show
uses listed in List 5 on the label for those same uses after July 31,
2015. The stop use date for the uses listed in List 5 of this unit must
be reflected on amended product labeling. Any use of existing stocks
must be consistent with the previously approved directions for use on
product labeling.
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 prohibits the
registrants' distribution, sale, and reformulation of products
permitting the following uses after March 31, 2016, except sale or
distribution of such products for the purposes of proper disposal, or
export consistent with section 17 of FIFRA.
ii. EPA prohibits the distribution or sale of products permitting
the following uses by persons other than the registrants after May 31,
2016, except sale or distribution of such products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
iii. EPA prohibits registration and use of those products that show
uses listed in List 6 on the label for those same uses after July 31,
2016. The stop use date for the uses listed in List 6 of this unit must
be reflected on amended product labeling. Any use of existing stocks
must be consistent with the previously approved directions for use on
product labeling.
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.
[[Page 69069]]
Dated: October 28, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-28138 Filed 11-9-10; 8:45 am]
BILLING CODE 6560-50-P