DCNA (dicloran), Ziram, Diquat Dibromide, and Chloropicrin; Notice of Receipt of Requests to Voluntarily Amend Registrations to Terminate Certain Uses, 74714-74717 [2010-30224]
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74714
Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Notices
issued following a notice announcing
Sergeant’s request to voluntarily cancel
product 2517–79 published in the
Federal Register of January 26, 2010.
The 180-day comment period ended
July 26, 2010, for all cancellation
requests published in the notice.
Sergeant’s sent the Agency a letter dated
July 23, 2010, requesting the withdrawal
of the cancellation request of product
2517–79. Therefore, Sergeant’s pesticide
product 2517–79 should not have been
included in the Cancellation Order
published in the Federal Register of
August 11, 2010.
List of Subjects
Environmental protection.
Dated: November 22, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2010–30223 Filed 11–30–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2010–0887; FRL–8854–3]
DCNA (dicloran), Ziram, Diquat
Dibromide, and Chloropicrin; Notice of
Receipt of Requests to Voluntarily
Amend Registrations to Terminate
Certain Uses
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 the
registrants to voluntarily amend their
DCNA (dicloran), ziram, diquat
dibromide, and chloropicrin product
registrations to terminate or delete uses.
The requests would delete DCNA use on
potatoes, ziram use on blackberries,
diquat dibromide use on soybean and
sorghum, and chloropicrin use on
mushroom casing, potting soil, and
small area seed beds when using handheld fumigation devices. The requests
would not terminate the last DCNA,
ziram, diquat dibromide, and
chloropicrin products registered for use
in the United States. EPA intends to
grant these requests at the close of the
comment period for this announcement
unless the Agency receives substantive
comments within the comment period
that would merit its further review of
the requests, or unless the registrants
withdraw its requests. If these requests
are granted, any sale, distribution, or
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SUMMARY:
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use of products listed in this notice will
be permitted after the uses are deleted
only if such sale, distribution, or use is
consistent with the terms as described
in the final order.
DATES: Comments on the proposed
amendments to ziram, diquat dibromide
and chloropicrin labels must be
received on or before January 3, 2011.
Comments on the proposed
amendments to the DCNA label must be
received on or before May 31, 2011.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2010–0887, 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–
0887. 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 Web site 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
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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: For
pesticide specific information contact:
The Chemical Review Manager
identified in the table below for the
pesticide of interest.
Active ingredient
Chemical review manager,
telephone Number, e-mail
address
Chloropicrin ...
Andrea Carone, (703) 308–
0122,
carone.andrea@epa.gov.
James Parker, (703) 306–
0469,
parker.james@epa.gov.
Eric Miederhoff, (703) 347–
8028,
miederhoff.eric@epa.gov.
Kelly Ballard, (703) 305–
8126,
ballard.kelly@epa.gov.
DCNA ............
Diquat
Dibromide.
Ziram .............
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
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regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
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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.
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II. Background on the Receipt of
Requests to Cancel and/or Amend
Registrations to Delete Uses
This notice announces receipt by EPA
of requests from several registrants
requesting that EPA amend their
registrations as follows:
In a letter dated September 20, 2010,
Gowan requested EPA to amend its
DCNA product registrations to delete a
certain use which is identified in Table
1 of Unit III. DCNA is a pre- and postharvest fungicide used on a variety of
crops and ornamentals.
In a letter dated June 3, 2010, the
Ziram Task Force comprised of
Taminco, Inc. and United Phosphorus,
Inc. requested EPA to delete a certain
use of pesticide product registrations
identified in Table 1 of Unit III. Ziram
is a broad spectrum fungicide used on
a variety of crops such as stone fruits,
pome fruits, nut crops, vegetables and
commercially grown ornamentals.
In a letter dated May 17, 2010, Source
Dynamics, LLC requested that EPA
amend its diquat dibromide product
registration to delete certain uses which
are identified in Table 1 of Unit III.
In a letter dated July 12, 2010, Rotam
North America, Inc. requested that EPA
amend its diquat dibromide product
registration to delete certain uses which
are identified in Table 1 of Unit III.
In letters dated May 21, 2010, Sharda
USA, LLC requested EPA amend its
diquat dibormide product registrations
to delete certain uses which are
identified in Table 1 of Unit III.
In a letter dated June 9, 2010 Nufarm
Americas, Inc. requested that EPA
amend its diquat dibromide product
registration to delete certain uses which
are identified in Table 1 of Unit III.
In letters dated July 30, 2010 Aceto
Agricultural Chemicals Corp. requested
that EPA amend its diquat dibromide
product registrations to delete certain
uses which are identified in Table 1 of
Unit III. Diquat dibromide is a nonselective contact algicide, defoliant,
desiccant and herbicide.
In a letter dated July 27, 2010, ICL–
IP America, Inc. requested that EPA
amend its chloropicrin product
registration to delete certain uses which
are identified in Table 1 of Unit III.
In a letter dated July 28, 2010,
Reddick Fumigants of NC, LLC
requested that EPA amend its
chloropicrin product registration to
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delete certain uses which are identified
in Table 1 of Unit III.
In a letter dated July 28, 2010, Arysta
LifeScience North America, LLC
requested that EPA amend its
chloropicrin product registration to
delete certain uses which are identified
in Table 1 of Unit III.
In a letter dated August 2, 2010,
Cardinal Professional Products
requested that EPA amend its
chloropicrin product registration to
delete certain uses which are identified
in Table 1 of Unit III.
In a letter dated August 2, 2010,
Hendrix and Dail, Inc. requested that
EPA amend its chloropicrin product
registrations to delete certain uses
which are identified in Table 1 of Unit
III.
In a letter dated August 2, 2010,
Shadow Mountain Products Corporation
requested that EPA amend its
chloropicrin product registration to
delete certain uses which are identified
in Table 1 of Unit III.
In a letter dated August 3, 2010,
ASHTA Chemicals, Inc. requested that
EPA amend its chloropicrin product
registration to delete certain uses which
are identified in Table 1 of Unit III.
In a letter dated August 17, 2010,
Chemtura Corporation requested that
EPA amend its chloropicrin product
registration to delete certain uses which
are identified in Table 1 of Unit III.
Chloropicrin is a nonselective soil
fumigant with fungicidal, herbicidal,
insecticidal, and nematicidal properties.
This action on the registrants’
requests will not terminate the last
DCNA, ziram, diquat dibromide, and
chloropicrin products registered in the
United States, but will amend all
pesticide products registered in the
United States for these uses, which can
be found in Table 1 of Unit III.
III. What action is the Agency taking?
This notice announces receipt by EPA
of requests from registrants to delete
certain uses of DCNA, ziram, diquat
dibromide, and chloropicrin 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 amending
the affected registrations.
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TABLE 1—DCNA, ZIRAM, DIQUAT DIBROMIDE, AND CHLOROPICRIN PRODUCT REGISTRATIONS WITH PENDING REQUESTS
FOR AMENDMENT
Registration No.
Product name
Active ingredient
228–675 ..................
Nufarm Diquat SPC 2 L Herbicide.
Diquat dibromide 37.3% SL
AG.
Diquat Manufacturing Concentrate.
Chlor-O-Pic ...........................
Diquat Dibromide ..................
Sorghum and soybean.
Diquat Dibromide ..................
Sorghum and soybean (seed crop only).
Diquat Dibromide ..................
Sorghum and soybean (seed crop only).
Chloropicrin ...........................
Mushroom casing soil, potting soil, and small
beds using handheld fumigation devices.
Mushroom casing soil, potting soil, and small
beds using handheld fumigation devices.
Mushroom casing soil, potting soil, and small
beds using handheld fumigation devices.
Mushroom casing soil, potting soil, and small
beds using handheld fumigation devices.
Potato.
Potato.
Potato.
Blackberries.
Mushroom casing soil, potting soil, and small
beds using handheld fumigation devices.
Mushroom casing soil, potting soil, and small
beds using handheld fumigation devices.
Mushroom casing soil, potting soil, and small
beds using handheld fumigation devices.
Blackberries.
Sorghum and soybean (seed crop only).
Sorghum and soybean (seed crop only).
Sorghum and soybean (seed crop only).
Sorghum and soybean.
Mushroom casing soil, potting soil, and small
beds using handheld fumigation devices.
Mushroom casing soil, potting soil, and small
beds using handheld fumigation devices.
2749–530 ................
2749–531 ................
5785–17 ..................
8536–2 ....................
8853–4 ....................
CHLOROPICRIN 100 FUMIGANT.
HD-PIC FUMIGANT .............
Chloropicrin ...........................
8853–6 ....................
PIC PLUS FUMIGANT .........
Chloropicrin ...........................
10163–189 ..............
10163–226 ..............
10163–195 ..............
45728–12 ................
58266–2 ..................
Botran 75–W Fungicide ........
Botran 5F Fungicide .............
Botran Technical ...................
Ziram Granuflo Fungicide .....
TRI-CLOR FUMIGANT .........
DCNA ....................................
DCNA ....................................
DCNA ....................................
Ziram .....................................
Chloropicrin ...........................
62531–2 ..................
ASHTA Gold .........................
Chloropicrin ...........................
66330–47 ................
TM–442 .................................
Chloropicrin ...........................
70506–173 ..............
82542–15 ................
82633–2 ..................
83529–13 ................
83979–2 ..................
85607–1 ..................
Ziram 76DF Fungicide ..........
Solear Diquat 2L Desiccant ..
Sharda Diquat Concentrate ..
Diquash Ag ...........................
Rowrunner Ag Herbicide ......
Reddick PIC C–100 ..............
Ziram .....................................
Diquat Dibromide ..................
Diquat Dibromide ..................
Diquat Dibromide ..................
Diquat Dibromide ..................
Chloropicrin ...........................
8622–43 ..................
Metapicrin .............................
Chloropicrin ...........................
Table 2 of this unit includes the
names and addresses of record for the
registrants of the products listed in
Chloropicrin ...........................
Uses to be deleted
Table 1 of this unit, in sequence by EPA
company number. This number
corresponds to the first part of the EPA
area seed
area seed
area seed
area seed
area seed
area seed
area seed
area seed
area seed
registration numbers of the products
listed in Table 1 of this unit.
TABLE 2—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION AND/OR AMENDMENTS
EPA Company No.
Company name and address
228 ......................................
2749 ....................................
5785 ....................................
8536 ....................................
Nufarm Americas, Inc., 150 Harvester Drive, Suite 200, Burr Ridge, IL 60527.
Aceto Agricultural Chemicals Corporation, One Hollow Lane, Lake Success, NY 11042–1215.
Chemtura Corporation, 1801 Highway 52 West, P.O. Box 2200, West Lafayette, IN 47906.
Soil Chemicals Corporation dba Cardinal Professional Products, P.O. Box 782, 8770 Highway 25, Hollister, CA
95024–0782.
ICL–IP America, Inc., 95 MacCorkle Avenue, SW., South Charleston, WV 25303.
Hendrix and Dail, Inc., P.O. Box 648, Greenville, NC 27835–0648.
Gowan Company, P.O. Box 5569, Yuma, AZ 85366–5569.
Taminco, Inc., 21320 Sweet Clover Place, Ashburn, VA 20147.
Shadow Mountain Products Corporation, 8770 Highway 25, P.O. Box 1327, Hollister, CA 95024–1327.
ASHTA Chemicals Inc., 3509 Middle Road, P.O. Box 858, Ashtabula, OH 44005–0858.
Arysta LifeScience North America, LLC, 15401 Weston Parkway, Suite 150, Cary, NC 27513.
United Phosphorus, Inc., 630 Freedom Business Center, Suite 402, King of Prussia, PA 19406.
Source Dynamics, 10039 E. Troon North Drive, Scottsdale, AZ 85262.
Sharda Worldwide Exports Pvt. Ltd., Domnic Holm, 29th Road, Bandra (West) Mumbai-400050.
Rotam North America, Inc., 1400 NW. 107th Avenue, Suite 310, Miami, FL 33172.
Reddick Fumigants of NC, LLC, 3002 W. Main Street, Williamston, NC 27892.
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8622 ....................................
8853 ....................................
10163 ..................................
45728 ..................................
58266 ..................................
62531 ..................................
66330 ..................................
70506 ..................................
82542 ..................................
82633 ..................................
83979 ..................................
85607 ..................................
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
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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.
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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
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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 ziram, diquat dibromide, and
chloropicrin registrants have requested
that EPA waive the 180-day comment
period. Accordingly, EPA will provide a
30-day comment period on the proposed
requests. The DCNA registrant has not
requested that EPA waive the 180-day
comment period. Accordingly, EPA will
provide a 180-day comment period on
the proposed request to voluntarily
cancel DCNA use on potatoes.
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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.
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 requests for
amendments to delete uses are granted,
the Agency intends to publish the
cancellation order in the Federal
Register.
In any order issued in response to
these requests for amendments 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 the chloropicrin products listed in
Table 1 of Unit III registrants will be
permitted to sell and distribute products
under the previously approved labeling
until December 1, 2010, provided the
labels with the 2010 changes have not
been accepted in all states, EPA may
provide a revised date. 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.
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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 such sale,
distribution, or use is consistent with
the terms of the previously approved
labeling on, or that accompanied, the
deleted uses.
For the DCNA, ziram, and diquat
dibromide products listed in Table 1 of
Unit III, 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 12 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 such 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, Pesticides
and pests.
Dated: November 24, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2010–30224 Filed 11–30–10; 8:45 am]
BILLING CODE 6560–50–P
74717
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[FR Doc. 2010–30207 Filed 11–30–10; 8:45 am]
[Public Notice 2010–0060]
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Agencies
[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Notices]
[Pages 74714-74717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30224]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0887; FRL-8854-3]
DCNA (dicloran), Ziram, Diquat Dibromide, and Chloropicrin;
Notice of Receipt of Requests to Voluntarily Amend Registrations to
Terminate Certain Uses
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 the registrants to voluntarily amend
their DCNA (dicloran), ziram, diquat dibromide, and chloropicrin
product registrations to terminate or delete uses. The requests would
delete DCNA use on potatoes, ziram use on blackberries, diquat
dibromide use on soybean and sorghum, and chloropicrin use on mushroom
casing, potting soil, and small area seed beds when using hand-held
fumigation devices. The requests would not terminate the last DCNA,
ziram, diquat dibromide, and chloropicrin products registered for use
in the United States. EPA intends to grant these requests at the close
of the comment period for this announcement unless the Agency receives
substantive comments within the comment period that would merit its
further review of the requests, or unless the registrants withdraw its
requests. If these requests are granted, any sale, distribution, or use
of products listed in this notice will be permitted after the uses are
deleted only if such sale, distribution, or use is consistent with the
terms as described in the final order.
DATES: Comments on the proposed amendments to ziram, diquat dibromide
and chloropicrin labels must be received on or before January 3, 2011.
Comments on the proposed amendments to the DCNA label must be received
on or before May 31, 2011.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0887, 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-
2010-0887. 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 Web site 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: For pesticide specific information
contact: The Chemical Review Manager identified in the table below for
the pesticide of interest.
------------------------------------------------------------------------
Chemical review manager,
Active ingredient telephone Number, e-mail
address
------------------------------------------------------------------------
Chloropicrin.............................. Andrea Carone, (703) 308-
0122,
carone.andrea@epa.gov.
DCNA...................................... James Parker, (703) 306-
0469, parker.james@epa.gov.
Diquat Dibromide.......................... Eric Miederhoff, (703) 347-
8028,
miederhoff.eric@epa.gov.
Ziram..................................... Kelly Ballard, (703) 305-
8126,
ballard.kelly@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
[[Page 74715]]
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 requests from several
registrants requesting that EPA amend their registrations as follows:
In a letter dated September 20, 2010, Gowan requested EPA to amend
its DCNA product registrations to delete a certain use which is
identified in Table 1 of Unit III. DCNA is a pre- and post-harvest
fungicide used on a variety of crops and ornamentals.
In a letter dated June 3, 2010, the Ziram Task Force comprised of
Taminco, Inc. and United Phosphorus, Inc. requested EPA to delete a
certain use of pesticide product registrations identified in Table 1 of
Unit III. Ziram is a broad spectrum fungicide used on a variety of
crops such as stone fruits, pome fruits, nut crops, vegetables and
commercially grown ornamentals.
In a letter dated May 17, 2010, Source Dynamics, LLC requested that
EPA amend its diquat dibromide product registration to delete certain
uses which are identified in Table 1 of Unit III.
In a letter dated July 12, 2010, Rotam North America, Inc.
requested that EPA amend its diquat dibromide product registration to
delete certain uses which are identified in Table 1 of Unit III.
In letters dated May 21, 2010, Sharda USA, LLC requested EPA amend
its diquat dibormide product registrations to delete certain uses which
are identified in Table 1 of Unit III.
In a letter dated June 9, 2010 Nufarm Americas, Inc. requested that
EPA amend its diquat dibromide product registration to delete certain
uses which are identified in Table 1 of Unit III.
In letters dated July 30, 2010 Aceto Agricultural Chemicals Corp.
requested that EPA amend its diquat dibromide product registrations to
delete certain uses which are identified in Table 1 of Unit III. Diquat
dibromide is a non-selective contact algicide, defoliant, desiccant and
herbicide.
In a letter dated July 27, 2010, ICL-IP America, Inc. requested
that EPA amend its chloropicrin product registration to delete certain
uses which are identified in Table 1 of Unit III.
In a letter dated July 28, 2010, Reddick Fumigants of NC, LLC
requested that EPA amend its chloropicrin product registration to
delete certain uses which are identified in Table 1 of Unit III.
In a letter dated July 28, 2010, Arysta LifeScience North America,
LLC requested that EPA amend its chloropicrin product registration to
delete certain uses which are identified in Table 1 of Unit III.
In a letter dated August 2, 2010, Cardinal Professional Products
requested that EPA amend its chloropicrin product registration to
delete certain uses which are identified in Table 1 of Unit III.
In a letter dated August 2, 2010, Hendrix and Dail, Inc. requested
that EPA amend its chloropicrin product registrations to delete certain
uses which are identified in Table 1 of Unit III.
In a letter dated August 2, 2010, Shadow Mountain Products
Corporation requested that EPA amend its chloropicrin product
registration to delete certain uses which are identified in Table 1 of
Unit III.
In a letter dated August 3, 2010, ASHTA Chemicals, Inc. requested
that EPA amend its chloropicrin product registration to delete certain
uses which are identified in Table 1 of Unit III.
In a letter dated August 17, 2010, Chemtura Corporation requested
that EPA amend its chloropicrin product registration to delete certain
uses which are identified in Table 1 of Unit III. Chloropicrin is a
nonselective soil fumigant with fungicidal, herbicidal, insecticidal,
and nematicidal properties.
This action on the registrants' requests will not terminate the
last DCNA, ziram, diquat dibromide, and chloropicrin products
registered in the United States, but will amend all pesticide products
registered in the United States for these uses, which can be found in
Table 1 of Unit III.
III. What action is the Agency taking?
This notice announces receipt by EPA of requests from registrants
to delete certain uses of DCNA, ziram, diquat dibromide, and
chloropicrin 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 amending the
affected registrations.
[[Page 74716]]
Table 1--DCNA, Ziram, Diquat Dibromide, and Chloropicrin Product Registrations With Pending Requests for
Amendment
----------------------------------------------------------------------------------------------------------------
Registration No. Product name Active ingredient Uses to be deleted
----------------------------------------------------------------------------------------------------------------
228-675......................... Nufarm Diquat SPC 2 L Diquat Dibromide....... Sorghum and soybean.
Herbicide.
2749-530........................ Diquat dibromide 37.3% Diquat Dibromide....... Sorghum and soybean (seed
SL AG. crop only).
2749-531........................ Diquat Manufacturing Diquat Dibromide....... Sorghum and soybean (seed
Concentrate. crop only).
5785-17......................... Chlor-O-Pic............ Chloropicrin........... Mushroom casing soil,
potting soil, and small
area seed beds using
handheld fumigation
devices.
8536-2.......................... CHLOROPICRIN 100 Chloropicrin........... Mushroom casing soil,
FUMIGANT. potting soil, and small
area seed beds using
handheld fumigation
devices.
8853-4.......................... HD-PIC FUMIGANT........ Chloropicrin........... Mushroom casing soil,
potting soil, and small
area seed beds using
handheld fumigation
devices.
8853-6.......................... PIC PLUS FUMIGANT...... Chloropicrin........... Mushroom casing soil,
potting soil, and small
area seed beds using
handheld fumigation
devices.
10163-189....................... Botran 75-W Fungicide.. DCNA................... Potato.
10163-226....................... Botran 5F Fungicide.... DCNA................... Potato.
10163-195....................... Botran Technical....... DCNA................... Potato.
45728-12........................ Ziram Granuflo Ziram.................. Blackberries.
Fungicide.
58266-2......................... TRI-CLOR FUMIGANT...... Chloropicrin........... Mushroom casing soil,
potting soil, and small
area seed beds using
handheld fumigation
devices.
62531-2......................... ASHTA Gold............. Chloropicrin........... Mushroom casing soil,
potting soil, and small
area seed beds using
handheld fumigation
devices.
66330-47........................ TM-442................. Chloropicrin........... Mushroom casing soil,
potting soil, and small
area seed beds using
handheld fumigation
devices.
70506-173....................... Ziram 76DF Fungicide... Ziram.................. Blackberries.
82542-15........................ Solear Diquat 2L Diquat Dibromide....... Sorghum and soybean (seed
Desiccant. crop only).
82633-2......................... Sharda Diquat Diquat Dibromide....... Sorghum and soybean (seed
Concentrate. crop only).
83529-13........................ Diquash Ag............. Diquat Dibromide....... Sorghum and soybean (seed
crop only).
83979-2......................... Rowrunner Ag Herbicide. Diquat Dibromide....... Sorghum and soybean.
85607-1......................... Reddick PIC C-100...... Chloropicrin........... Mushroom casing soil,
potting soil, and small
area seed beds using
handheld fumigation
devices.
8622-43......................... Metapicrin............. Chloropicrin........... Mushroom casing soil,
potting soil, and small
area seed beds using
handheld fumigation
devices.
----------------------------------------------------------------------------------------------------------------
Table 2 of this unit includes the names and addresses of record for
the registrants 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 No. Company name and address
------------------------------------------------------------------------
228.................................. Nufarm Americas, Inc., 150
Harvester Drive, Suite 200, Burr
Ridge, IL 60527.
2749................................. Aceto Agricultural Chemicals
Corporation, One Hollow Lane,
Lake Success, NY 11042-1215.
5785................................. Chemtura Corporation, 1801
Highway 52 West, P.O. Box 2200,
West Lafayette, IN 47906.
8536................................. Soil Chemicals Corporation dba
Cardinal Professional Products,
P.O. Box 782, 8770 Highway 25,
Hollister, CA 95024-0782.
8622................................. ICL-IP America, Inc., 95
MacCorkle Avenue, SW., South
Charleston, WV 25303.
8853................................. Hendrix and Dail, Inc., P.O. Box
648, Greenville, NC 27835-0648.
10163................................ Gowan Company, P.O. Box 5569,
Yuma, AZ 85366-5569.
45728................................ Taminco, Inc., 21320 Sweet Clover
Place, Ashburn, VA 20147.
58266................................ Shadow Mountain Products
Corporation, 8770 Highway 25,
P.O. Box 1327, Hollister, CA
95024-1327.
62531................................ ASHTA Chemicals Inc., 3509 Middle
Road, P.O. Box 858, Ashtabula,
OH 44005-0858.
66330................................ Arysta LifeScience North America,
LLC, 15401 Weston Parkway, Suite
150, Cary, NC 27513.
70506................................ United Phosphorus, Inc., 630
Freedom Business Center, Suite
402, King of Prussia, PA 19406.
82542................................ Source Dynamics, 10039 E. Troon
North Drive, Scottsdale, AZ
85262.
82633................................ Sharda Worldwide Exports Pvt.
Ltd., Domnic Holm, 29th Road,
Bandra (West) Mumbai-400050.
83979................................ Rotam North America, Inc., 1400
NW. 107th Avenue, Suite 310,
Miami, FL 33172.
85607................................ Reddick Fumigants of NC, LLC,
3002 W. Main Street,
Williamston, NC 27892.
------------------------------------------------------------------------
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
[[Page 74717]]
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 ziram, diquat dibromide, and chloropicrin registrants have
requested that EPA waive the 180-day comment period. Accordingly, EPA
will provide a 30-day comment period on the proposed requests. The DCNA
registrant has not requested that EPA waive the 180-day comment period.
Accordingly, EPA will provide a 180-day comment period on the proposed
request to voluntarily cancel DCNA use on potatoes.
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.
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 requests for amendments to delete uses are granted, the
Agency intends to publish the cancellation order in the Federal
Register.
In any order issued in response to these requests for amendments 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 the chloropicrin products listed in Table 1 of Unit III
registrants will be permitted to sell and distribute products under the
previously approved labeling until December 1, 2010, provided the
labels with the 2010 changes have not been accepted in all states, EPA
may provide a revised date. 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 such sale, distribution, or use
is consistent with the terms of the previously approved labeling on, or
that accompanied, the deleted uses.
For the DCNA, ziram, and diquat dibromide products listed in Table
1 of Unit III, 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 12 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 such 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, Pesticides and pests.
Dated: November 24, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-30224 Filed 11-30-10; 8:45 am]
BILLING CODE 6560-50-P