Product Cancellation Order for Certain Pesticide Registrations, 82387-82389 [2010-32923]
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Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9246–7]
Next Generation Risk Assessment
Public Dialogue Conference
Environmental Protection
Agency (EPA).
ACTION: Notice of Public Dialogue
Conference.
AGENCY:
As a part of the ‘‘Advancing
the Next Generation of Risk
Assessment’’ (NexGen) program, EPA is
announcing a 2-day public dialogue
conference to engage, inform, and
encourage feedback from key
stakeholders. The conference will take
place on February 15 and 16, 2011 in
Washington, DC and will be open to
attendance by interested public
participants on a first-come, first-serve
basis up to the limits of available space.
DATES: The conference will be held on
February 15, 2011 from 8 a.m. to 5:30
p.m. and on February 16, 2011 from
9 a.m. to 1 p.m.
ADDRESSES: The conference will take
place at the Embassy Suites Convention
Center, 900 10th Street, Northwest,
Washington, DC 20001. ICF
International, an EPA contractor, is
providing logistical support for the
conference. Questions regarding
information, registration, and logistics
for the workshop should be directed to
Deshira Wallace, telephone: (703) 225–
2910; e-mail:
epa_nexgen_workshop@icfi.com.
Questions regarding the scientific and
technical aspects of the workshop
should be directed to Audrey Hoffer,
telephone: (703) 347–0218; e-mail:
hoffer.audrey@epa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
jlentini on DSKJ8SOYB1PROD with NOTICES
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Members of the public may
participate in the conference. Space is
limited, and reservations will be
accepted on a first-come, first-serve
basis. For more information on how to
register for the conference please visit:
https://epa.nexgen.icfi.com. Further
information regarding the conference
and the NexGen program in general can
be found at https://www.epa.gov/risk/
nexgen.
Dated: December 22, 2010.
Darrell A. Winn,
Acting Director, National Center for
Environmental Assessment.
[FR Doc. 2010–32977 Filed 12–29–10; 8:45 am]
BILLING CODE 6560–50–P
[EPA–HQ–OPP–2010–1065; FRL–8854–8]
The landscape of risk assessment is
changing rapidly with new advances in
molecular systems biology, the advent
of several recent reports from the
National Research Council, and volumes
of new test data emerging from the
Tox21 and European REACH programs.
In response, EPA has developed the
NexGen program, a collaborative
exploration of new science and methods
with the National Institutes of
Environmental Health Sciences’
National Toxicology Program, Center for
Disease Control’s Agency for Toxic
Substances and Disease Registry,
National Human Genome Research
Institute, and the State of California’s
Environmental Protection Agency.
16:35 Dec 29, 2010
II. Conference Information
ENVIRONMENTAL PROTECTION
AGENCY
I. Summary of Information About the
Conference
VerDate Mar<15>2010
The NexGen program aims to create a
cheaper, faster, and more robust system
for chemical risk assessment by
incorporating new knowledge about
molecular system biology. This is the
beginning of a process that will evolve
over several years, and engaging key
stakeholders from the beginning is
central to making it a success. The
NexGen public dialogue conference in
February 2011 offers stakeholders an
opportunity to become involved early,
comment on the process, and help
direct the next phases.
The conference will feature several
informational presentations regarding
the current science surrounding the
NexGen program as well as highlights
from an invitation-only scientists’
meeting that took place in November
2010. Following these presentations,
breakout sessions will be held in order
to obtain public feedback and give
stakeholders an opportunity to voice
questions, comments, and concerns.
Product Cancellation Order for Certain
Pesticide Registrations
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 the products
listed in Tables 1A and 1B of Unit II.,
pursuant to section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA), as amended. This
cancellation order follows two Notices
of Receipt of Requests from the
respective registrants listed in Table 2 of
SUMMARY:
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82387
Unit II. The notice dated August 25,
2010, pertains to the fenoxycarb product
registrations and the notice dated
August 18, 2010, pertains to the
propetamphos product registrations. In
those notices, EPA indicated that it
would issue an order implementing the
cancellations, unless the Agency
received substantive comments within
the 30-day comment periods that would
merit its further review of these
requests, or unless the registrants
withdrew their requests. The Agency
did not receive any comments on the
notice for fenoxycarb or propetamphos
and neither request was withdrawn.
Accordingly, EPA hereby issues in this
notice a cancellation order granting the
requested cancellations. Any
distribution, sale, or use of the products
subject to this cancellation order is
permitted only in accordance with the
terms of this order, including any
existing stocks provisions.
DATES: The cancellations are effective as
provided in Unit IV.
FOR FURTHER INFORMATION CONTACT:
Matthew Lloyd, Pesticide Re-evaluation
Division (7508P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (703) 308–0130; fax number:
(703) 308–8090; e-mail address:
Lloyd.Matthew@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 the
fenoxycarb action under docket
identification (ID) number EPA–HQ–
OPP–2010–0623. EPA has established a
docket for the propetamphos action
under docket identification (ID) number
EPA–HQ–OPP–2007–1195. Publicly
available docket materials are available
either in the electronic docket at
https://www.regulations.gov, or, if only
E:\FR\FM\30DEN1.SGM
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82388
Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices
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 telephone
number is (703) 305–5805.
II. What action is the agency taking?
This notice announces the
cancellation, as requested by registrants,
of products registered under FIFRA
section 3. These registrations are listed
in sequence by registration number in
Tables 1A and 1B of this unit.
TABLE 1A—FENOXYCARB PRODUCT
CANCELLATIONS
EPA registration No.
Product name
100–722 ..................
100–723 ..................
499–437 ..................
Award Fire Ant Bait.
Fenoxycarb Technical.
Whitmire PT 2120 TF
Preclude.
TABLE 1B—PROPETAMPHOS PRODUCT
CANCELLATIONS
EPA registration No.
002724–00313 ........
002724–00450 ........
Product name
Propetamphos Technical.
Zoecon 9001 EW.
Table 2 of this unit includes the
names and addresses of record for all
registrants of the products in Tables 1A
and 1B 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 Tables 1A and 1B of this unit.
III. Summary of Public Comments
Received and Agency Response to
Comments
During the public comment period
provided, EPA received no comments in
response to the August 18, 2010 or
August 25, 2010 Federal Register
notices announcing the Agency’s receipt
of the requests for voluntary
cancellations of products listed in
Tables 1A and 1B, respectively, of Unit
II.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA
hereby approves the requested
cancellations of the registrations
identified in Tables 1A and 1B of Unit
II. Accordingly, for the fenoxycarb
registrations (Table 1A), the Agency
hereby orders that Syngenta Crop
Protection, Inc.’s technical product
(EPA Reg. No. 100–723) and the
Whitmire Micro-Gen Research
Laboratories, Inc.’s end-use product
(EPA Reg. No. 499–437) are canceled
effective immediately. The Agency
further orders that Syngenta Crop
Protection Inc.’s end-use product (EPA
Reg. No. 100–722) is canceled effective
December 31, 2012.
For the propetamphos registrations
(Table 1B), the Agency hereby orders
that propetamphos technical product
(EPA Reg. No. 2724–313) is canceled
effective immediately. The Agency
further orders that the propetamphos
end-use product (EPA Reg. No. 2724–
450) is canceled effective March 30,
2012.
Any distribution, sale, or use of
existing stocks of the products
identified in Table 1A and 1B of Unit
II. in a manner inconsistent with any of
the provisions for disposition of existing
stocks set forth in Unit VI. will be a
violation of FIFRA.
TABLE 2—REGISTRANTS OF CANCELED
PRODUCTS
V. What is the agency’s authority for
EPA company No.
Company name and
address
100 ..........................
Syngenta Crop Protection, Inc., P.O. Box
18300, Greensboro,
NC 27419–8300.
Whitmire Micro-Gen
Research Laboratories, Inc., 3568
Tree Court Industrial
Blvd., St. Louis, MO
63122–6682.
Wellmark International,
Attn: James McFadden, 1501 E.
Woodfield Rd., Suite
200 West,
Schaumberg, IL
60173.
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499 ..........................
002724 ....................
VerDate Mar<15>2010
16:35 Dec 29, 2010
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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 EPA Administrator may approve
such a request. The notice of receipt for
the fenoxycarb action was published for
comment in the Federal Register issue
of August 25, 2010 (75 FR 53240) (FRL–
8843–1). The comment period for
fenoxycarb closed on September 24,
2010. The notice of receipt for the
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propetamphos action was published for
comment in the Federal Register issue
of August 18, 2010 (75 FR 51053) (FRL–
8840–3). The comment period for
propetamphos closed on September 17,
2010.
VI. Provisions for Disposition of
Existing Stocks
Existing stocks are those stocks of
registered pesticide products which are
currently in the United States and
which were packaged, labeled, and
released for shipment prior to the
effective date of the cancellation action.
The existing stocks provisions for the
products subject to this order are as
follows.
A. Disposition of Existing Stocks for All
Fenoxycarb (Table 1A) Products
Syngenta Crop Protection, Inc. is
prohibited from using, selling, or
distributing technical fenoxycarb (EPA
Reg. No. 100–723), except for (i) Export
consistent with FIFRA section 17, (ii)
for proper disposal, or (iii) to formulate
existing stocks of the technical
fenoxycarb (EPA Reg. No. 100–723) into
its end-use product (EPA Reg. No. 100–
722) effective immediately. After
December 31, 2012, Syngenta Crop
Protection, Inc. is prohibited from
selling or distributing its end-use
product (EPA Reg. No. 100–722), except
for export consistent with FIFRA section
17 or for proper disposal. Persons other
than Syngenta Crop Protection, Inc. are
allowed to sell, distribute, and use
existing stocks of the canceled end-use
product (EPA Reg. No. 100–722) until
supplies are exhausted, provided that
such sale, distribution, and use is
consistent with the terms of the
previously approved labeling on, or that
accompanied, the canceled product.
Whitmire Micro-Gen Research
Laboratories, Inc. is permitted to sell
and distribute existing stocks of its enduse fenoxycarb product (EPA Reg. No.
499–437) until December 31, 2013.
Thereafter, Whitmire Micro-Gen
Research Laboratories, Inc. is prohibited
from selling or distributing its end-use
product (EPA Reg. No. 499–437), except
for export consistent with FIFRA section
17 or for proper disposal. Persons other
than Whitmire Micro-Gen Research
Laboratories, Inc. are allowed to sell,
distribute, and use existing stocks of the
canceled end-use product (EPA Reg. No.
499–437) until supplies are exhausted,
provided that such sale, distribution,
and use is consistent with the terms of
the previously approved labeling on, or
that accompanied, the canceled product.
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Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices
B. Disposition of Existing Stocks for All
Table 1B Products
ENVIRONMENTAL PROTECTION
AGENCY
Wellmark International is prohibited
from using, selling, or distributing
propetamphos technical (EPA Reg. No.
2724–313), except for (i) Export
consistent with FIFRA section 17, (ii)
for proper disposal or (iii) to formulate
existing stocks of propetamphos
technical (EPA Reg. No. 2724–313) into
its propetamphos end-use product (EPA
Reg. No. 2724–450) effective
immediately. After March 30, 2012,
Wellmark International is prohibited
from using, as well as continuing to be
prohibited from selling or distributing,
its propetamphos technical (EPA Reg.
No. 2724–313), except for export
consistent with FIFRA section 17 or for
proper disposal.
The cancellation of the propetamphos
end-use product (EPA Reg. No. 2724–
450) is effective March 30, 2012.
Wellmark International is permitted to
sell or distribute existing stocks of the
canceled end-use product (EPA Reg. No.
2724–450) until such stocks are
exhausted. Persons other than Wellmark
International are allowed to sell,
distribute, and use existing stocks of the
canceled propetamphos end-use
product (EPA Reg. No 2724–450) until
supplies are exhausted, provided that
such sale, distribution, and use is
consistent with the terms of the
previously approved labeling on, or that
accompanied, the canceled product. The
existing stocks provisions outlined in
this notice are intended to allow
depletion of the amount of technical
propetamphos (EPA Reg. No. 2724–313)
that Wellmark International currently
has on-hand from purchases made prior
to its decision to request voluntary
cancellation. Use until depletion will
preclude environmental disposal
concerns of quantities of undiluted
propetamphos that cannot be
formulated or used.
[FRL–9245–7]
List of Subjects
Environmental protection, Pesticides,
Pests.
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Dated: December 14, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2010–32923 Filed 12–29–10; 8:45 am]
BILLING CODE 6560–50–P
VerDate Mar<15>2010
16:35 Dec 29, 2010
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Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Buffalo Island Regional Water
District, Monette, AR
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Regional Administrator
of EPA Region 6 is hereby granting a
project waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section
1605(b)(2) [manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality]
to the Buffalo Island Regional Water
District (‘‘District’’) for the purchase of a
15 horsepower (HP) vertical hollow
shaft electric motor, for use in a water
supply well. The 15 HP vertical hollow
shaft electric motor is manufactured by
foreign manufacturers and no United
States manufacturer produces an
alternative that meets the District’s
technical specifications. This is a
project specific waiver and only applies
to the use of the specified product for
the ARRA funded project being
proposed.
Any other ARRA project that may
wish to use the same product must
apply for a separate waiver based on the
specific project circumstances. The
Regional Administrator is making this
determination based on the review and
recommendations of the EPA Region 6,
Water Quality Protection Division. The
District has provided sufficient
documentation to support its request.
The Assistant Administrator of the
EPA’s Office of Administration and
Resources Management has concurred
on this decision to make an exception
to Section 1605 of ARRA. This action
permits the purchase of a 15 HP vertical
hollow shaft electric motor not
manufactured in America, for the
proposed project being implemented by
the District.
DATES: Effective Date: December 17,
2010.
FOR FURTHER INFORMATION CONTACT:
Nasim Jahan, Buy American
Coordinator, (214) 665–7522, SRF &
Projects Section, Water Quality
Protection Division, U.S. EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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82389
In accordance with ARRA Section
1605(c) and 1605(b)(2), EPA hereby
provides notice that it is granting a
project waiver of the requirements of
Section 1605(a) of Public Law 111–5,
Buy American requirements to the
District for the acquisition of a 15 HP
vertical hollow shaft electric motor. The
District has been unable to find an
American made electric motor to meet
its specific requirements of cross
correlation functionality for pinpointing
leaks throughout its water distribution
system.
Section 1605 of the ARRA requires
that none of the appropriated funds may
be used for the construction, alteration,
maintenance, or repair of a public
building or public work unless all of the
iron, steel, and manufactured goods
used in the project are produced in the
United States unless a waiver is
provided to the recipient by EPA. A
waiver may be provided if EPA
determines that (1) applying these
requirements would be inconsistent
with public interest; (2) iron, steel, and
the relevant manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality;
or (3) inclusion of iron, steel, and the
relevant manufactured goods produced
in the United States will increase the
cost of the overall project by more than
25 percent.
The District’s water system
improvement project includes the
development of a new water supply
well serviced by a new vertical turbine
well pump. The District has conducted
a pumping test after the development of
the new well and has determined that
a 15 HP vertical hollow shaft electric
motor is sufficient to provide the
required production flow rate of 500
gallon per minute (gpm) at 87 feet Total
Dynamic Head (TDH).
The District is requesting a waiver for
the use of a 15 HP vertical hollow shaft
electric motor on the basis that there are
no domestic manufacturers of the
electric motors that will meet the
District’s product specifications. The
District contacted seventeen
manufacturers and of the seventeen (17)
listed manufacturers, only three (3)
electric motor manufacturers were
reported to make the 15 HP vertical
hollow shaft electric motor, but none are
manufactured in the United States.
Based on additional research
conducted by EPA Region 6, there does
not appear to be any domestic electric
motor manufacturers that would meet
the District’s technical specifications.
EPA’s national contractor prepared a
technical assessment report based on
the waiver request submittal. The report
E:\FR\FM\30DEN1.SGM
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Agencies
[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Notices]
[Pages 82387-82389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32923]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-1065; FRL-8854-8]
Product Cancellation Order for Certain Pesticide Registrations
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
the products listed in Tables 1A and 1B of Unit II., pursuant to
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), as amended. This cancellation order follows two Notices of
Receipt of Requests from the respective registrants listed in Table 2
of Unit II. The notice dated August 25, 2010, pertains to the
fenoxycarb product registrations and the notice dated August 18, 2010,
pertains to the propetamphos product registrations. In those notices,
EPA indicated that it would issue an order implementing the
cancellations, unless the Agency received substantive comments within
the 30-day comment periods that would merit its further review of these
requests, or unless the registrants withdrew their requests. The Agency
did not receive any comments on the notice for fenoxycarb or
propetamphos and neither request was withdrawn. Accordingly, EPA hereby
issues in this notice a cancellation order granting the requested
cancellations. Any distribution, sale, or use of the products subject
to this cancellation order is permitted only in accordance with the
terms of this order, including any existing stocks provisions.
DATES: The cancellations are effective as provided in Unit IV.
FOR FURTHER INFORMATION CONTACT: Matthew Lloyd, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-0130; fax number: (703) 308-8090; e-
mail address: Lloyd.Matthew@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 the fenoxycarb action under docket
identification (ID) number EPA-HQ-OPP-2010-0623. EPA has established a
docket for the propetamphos action under docket identification (ID)
number EPA-HQ-OPP-2007-1195. Publicly available docket materials are
available either in the electronic docket at https://www.regulations.gov, or, if only
[[Page 82388]]
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 telephone number is (703)
305-5805.
II. What action is the agency taking?
This notice announces the cancellation, as requested by
registrants, of products registered under FIFRA section 3. These
registrations are listed in sequence by registration number in Tables
1A and 1B of this unit.
Table 1A--Fenoxycarb Product Cancellations
------------------------------------------------------------------------
EPA registration No. Product name
------------------------------------------------------------------------
100-722............................ Award Fire Ant Bait.
100-723............................ Fenoxycarb Technical.
499-437............................ Whitmire PT 2120 TF Preclude.
------------------------------------------------------------------------
Table 1B--Propetamphos Product Cancellations
------------------------------------------------------------------------
EPA registration No. Product name
------------------------------------------------------------------------
002724-00313....................... Propetamphos Technical.
002724-00450....................... Zoecon 9001 EW.
------------------------------------------------------------------------
Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Tables 1A and 1B 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 Tables
1A and 1B of this unit.
Table 2--Registrants of Canceled Products
------------------------------------------------------------------------
EPA company No. Company name and address
------------------------------------------------------------------------
100................................ Syngenta Crop Protection, Inc.,
P.O. Box 18300, Greensboro, NC
27419-8300.
499................................ Whitmire Micro-Gen Research
Laboratories, Inc., 3568 Tree
Court Industrial Blvd., St. Louis,
MO 63122-6682.
002724............................. Wellmark International, Attn: James
McFadden, 1501 E. Woodfield Rd.,
Suite 200 West, Schaumberg, IL
60173.
------------------------------------------------------------------------
III. Summary of Public Comments Received and Agency Response to
Comments
During the public comment period provided, EPA received no comments
in response to the August 18, 2010 or August 25, 2010 Federal Register
notices announcing the Agency's receipt of the requests for voluntary
cancellations of products listed in Tables 1A and 1B, respectively, of
Unit II.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations of the registrations identified in Tables 1A and 1B of
Unit II. Accordingly, for the fenoxycarb registrations (Table 1A), the
Agency hereby orders that Syngenta Crop Protection, Inc.'s technical
product (EPA Reg. No. 100-723) and the Whitmire Micro-Gen Research
Laboratories, Inc.'s end-use product (EPA Reg. No. 499-437) are
canceled effective immediately. The Agency further orders that Syngenta
Crop Protection Inc.'s end-use product (EPA Reg. No. 100-722) is
canceled effective December 31, 2012.
For the propetamphos registrations (Table 1B), the Agency hereby
orders that propetamphos technical product (EPA Reg. No. 2724-313) is
canceled effective immediately. The Agency further orders that the
propetamphos end-use product (EPA Reg. No. 2724-450) is canceled
effective March 30, 2012.
Any distribution, sale, or use of existing stocks of the products
identified in Table 1A and 1B of Unit II. in a manner inconsistent with
any of the provisions for disposition of existing stocks set forth in
Unit VI. will be a violation of FIFRA.
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 EPA Administrator may approve
such a request. The notice of receipt for the fenoxycarb action was
published for comment in the Federal Register issue of August 25, 2010
(75 FR 53240) (FRL-8843-1). The comment period for fenoxycarb closed on
September 24, 2010. The notice of receipt for the propetamphos action
was published for comment in the Federal Register issue of August 18,
2010 (75 FR 51053) (FRL-8840-3). The comment period for propetamphos
closed on September 17, 2010.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The existing stocks provisions for the products
subject to this order are as follows.
A. Disposition of Existing Stocks for All Fenoxycarb (Table 1A)
Products
Syngenta Crop Protection, Inc. is prohibited from using, selling,
or distributing technical fenoxycarb (EPA Reg. No. 100-723), except for
(i) Export consistent with FIFRA section 17, (ii) for proper disposal,
or (iii) to formulate existing stocks of the technical fenoxycarb (EPA
Reg. No. 100-723) into its end-use product (EPA Reg. No. 100-722)
effective immediately. After December 31, 2012, Syngenta Crop
Protection, Inc. is prohibited from selling or distributing its end-use
product (EPA Reg. No. 100-722), except for export consistent with FIFRA
section 17 or for proper disposal. Persons other than Syngenta Crop
Protection, Inc. are allowed to sell, distribute, and use existing
stocks of the canceled end-use product (EPA Reg. No. 100-722) until
supplies are exhausted, provided that such sale, distribution, and use
is consistent with the terms of the previously approved labeling on, or
that accompanied, the canceled product.
Whitmire Micro-Gen Research Laboratories, Inc. is permitted to sell
and distribute existing stocks of its end-use fenoxycarb product (EPA
Reg. No. 499-437) until December 31, 2013. Thereafter, Whitmire Micro-
Gen Research Laboratories, Inc. is prohibited from selling or
distributing its end-use product (EPA Reg. No. 499-437), except for
export consistent with FIFRA section 17 or for proper disposal. Persons
other than Whitmire Micro-Gen Research Laboratories, Inc. are allowed
to sell, distribute, and use existing stocks of the canceled end-use
product (EPA Reg. No. 499-437) until supplies are exhausted, provided
that such sale, distribution, and use is consistent with the terms of
the previously approved labeling on, or that accompanied, the canceled
product.
[[Page 82389]]
B. Disposition of Existing Stocks for All Table 1B Products
Wellmark International is prohibited from using, selling, or
distributing propetamphos technical (EPA Reg. No. 2724-313), except for
(i) Export consistent with FIFRA section 17, (ii) for proper disposal
or (iii) to formulate existing stocks of propetamphos technical (EPA
Reg. No. 2724-313) into its propetamphos end-use product (EPA Reg. No.
2724-450) effective immediately. After March 30, 2012, Wellmark
International is prohibited from using, as well as continuing to be
prohibited from selling or distributing, its propetamphos technical
(EPA Reg. No. 2724-313), except for export consistent with FIFRA
section 17 or for proper disposal.
The cancellation of the propetamphos end-use product (EPA Reg. No.
2724-450) is effective March 30, 2012. Wellmark International is
permitted to sell or distribute existing stocks of the canceled end-use
product (EPA Reg. No. 2724-450) until such stocks are exhausted.
Persons other than Wellmark International are allowed to sell,
distribute, and use existing stocks of the canceled propetamphos end-
use product (EPA Reg. No 2724-450) until supplies are exhausted,
provided that such sale, distribution, and use is consistent with the
terms of the previously approved labeling on, or that accompanied, the
canceled product. The existing stocks provisions outlined in this
notice are intended to allow depletion of the amount of technical
propetamphos (EPA Reg. No. 2724-313) that Wellmark International
currently has on-hand from purchases made prior to its decision to
request voluntary cancellation. Use until depletion will preclude
environmental disposal concerns of quantities of undiluted propetamphos
that cannot be formulated or used.
List of Subjects
Environmental protection, Pesticides, Pests.
Dated: December 14, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-32923 Filed 12-29-10; 8:45 am]
BILLING CODE 6560-50-P