Formetanate HCl and Acephate; Notice of Receipt of Requests to Voluntarily Amend Registrations To Terminate Certain Uses, 41250-41253 [2011-17359]
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41250
Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Notices
Nematicide (EPA Reg. No. 264–731) to
end users.
In a December 10, 2008 Federal
Register (73 FR 75097) (FRL–8389–8)
Amendment to Use Deletion and
Product Cancellation Order, the Agency
further extended the November 30, 2008
deadline for the sale and distribution of
Nemacur 3 Emulsifiable Systemic
Insceticide-Nematicide (EPA Reg. No.
264–731) through March 31, 2009. This
action was taken in response to a
request from an end user, Maui
Pineapple, to extend the deadline for
sale and distribution of Nemacur 3
Emulsifiable Systemic InsecticideNematicide (EPA Reg. No. 264–731)
from November 30, 2008 to March 31,
2009.
On August 20, 2010 the Agency
received another request from Maui
Pineapple to extend the deadline for
sale and distribution of Nemacur 3
Emulsifiable Systemic InsecticideNematicide (EPA Reg. No. 264–731) to
allow a transfer of its remaining stocks
of Nemacur 3 to other end users.
The original May 31, 2008 deadline
for fenamiphos was established to
provide a reasonable amount of time for
the material to move through the
channels of trade following the
cessation of sale and distribution of
fenamiphos products by the registrant,
Bayer Environmental Science, on May
31, 2007. Extending the deadline for
distributors to sell and distribute
Nemacur 3 Emulsifiable Systemic
Insecticide-Nematicide would neither
conflict with the Agency’s application
of the guidelines outlined in PR Notice
97–7, nor would it introduce more
fenamiphos into the pesticide use cycle
than had been stipulated by the terms of
the 5 year phase-out. The extension
would allow for a redistribution of
existing material already in the hands of
end users and no new fenamiphos
products would enter the marketplace.
If this request is granted, the Agency
will extend the deadline for persons
other than the registrant to sell and
distribute Nemacur 3 Emulsifiable
Systemic Insecticide-Nematicide (EPA
Reg. No. 264–731) for 1 year from the
date of publication of the amended
order.
However, the Agency also intends to
prohibit use of all fenamiphos products
in the United States 3 years from the
date of publication of the amended
order in the Federal Register.
Previously, the Agency had allowed end
users with existing stocks of products
containing fenamiphos to continue to
use these products until their stocks
were exhausted, provided that the use
complied with previously EPAapproved product label requirements for
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the respective products. Considering the
initial Product Cancellation Order for
fenamiphos was issued in 2003, if the
Agency permits a further extension, 11
years will have elapsed since the initial
cancellation order was issued, and
approximately 7 years will have elapsed
from the effective cancellation of the
fenamiphos products. When the Agency
specified in the initial Product
Cancellation Order that users may use
existing stocks until exhausted, it did
not anticipate that fenamiphos products
would not move through the channels of
trade and be depleted by end users in
a timely manner.
Moreover, all pesticides sold or
distributed in the United States
generally must be registered by the EPA,
based on scientific data showing that
they will not cause unreasonable risks
to human health or the environment
when used as directed on product
labeling. Due to the fact that fenamiphos
product registrations were canceled as
part of the voluntary phase-out, the
Agency has determined that the
registration review program, the
periodic evaluation of pesticide safety,
is not applicable to fenamiphos. The
registration review of fenamiphos would
have begun in 2008 if fenamiphos had
active product registrations at that time.
The Agency is concerned that the use of
existing stocks of fenamiphos products
has continued for an extended period
since the last scientific risks
assessments of its use, which were
completed for the 2002 Fenamiphos
Reregistration Eligibility Decision.
Therefore, the Agency intends to
prohibit all use of pesticide products
containing fenamiphos 3 years from the
date of publication of the amended
order in the Federal Register.
III. What is the agency’s authority for
taking this action?
Section 6(a)(1) of FIFRA provides that
the Administrator may permit the
continued sale and use of existing
stocks of a pesticide whose registration
is suspended or canceled under this
section, or section 3 or 4, to such extent,
under such conditions, and for such
uses as the Administrator determines
that such sale or use is not inconsistent
with the purposes of this Act.
IV. Proposed Order Amendment
Pursuant to FIFRA section 6(a), EPA
is proposing to amend the December 10,
2008 order to allow persons other than
the registrant to sell and distribute the
fenamiphos product, Nemacur 3
Emulsifiable Systemic InsecticideNematicide (EPA Registration Number
264–731), for 1 year from the
publication of the amended order.
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Accordingly, the Agency is proposing to
order that the sale and distribution of
products containing fenamiphos is
prohibited, except for proper disposal or
export pursuant to section 17 of FIFRA,
provided, however, that persons other
than the registrant are permitted to sell
and distribute existing stocks of
Nemacur 3 Emulsifiable Systemic
Insecticide-Nematicide (EPA
Registration Number 264–731) for 1 year
from the publication of the amended
order. The Agency further proposes to
order that end users with existing stocks
of any products containing fenamiphos
may continue to use these products for
3 years from the date of publication of
the amended order in the Federal
Register, provided that the use complies
with EPA-approved product label
requirements for the respective
products.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: July 1, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2011–17615 Filed 7–12–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2011–0507; FRL–8879–7]
Formetanate HCl and Acephate; 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
registrants to voluntarily amend their
formetanate HCl and acephate product
registrations to delete uses. The requests
would delete formetanate HCl use in or
on apple, pear and peach commodities,
and acephate use in or on succulent
green beans. The requests would not
terminate the last formetanate HCl or
acephate 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 request, or unless one or more of the
SUMMARY:
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Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Notices
registrants withdraws its request. 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 must be received on
or before August 12, 2011.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2011–0507, 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–2011–
0507. 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
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
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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 listed for
the pesticide of interest:
Active Ingredient.
Formetanate
HCl.
Acephate .......
Chemical Review Manager,
Telephone Number, Email Address
James Parker, (703) 306–
0469
parker.james@epa.gov
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
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
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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 Amend Registrations To
Delete Uses
This notice announces receipt by EPA
of requests from several registrants
including Amvac Chemical Corporation,
United Phosphorus, Inc., ChemStarr,
LLC, Makhteshim Agan of North
America, Inc., and Tide International,
USA, Inc., to delete the succulent green
bean use from acephate product
registrations. This notice also
announces receipt by EPA of a request
from Gowan Company to delete apple,
peach and pear uses from formetanate
HCl product registrations.
In a letter dated May 31, 2011, Gowan
Company requested that the EPA amend
to delete apple, peach and pear uses
from formetanate HCl product
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Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Notices
registrations identified in Table 1 of
Unit III. Specifically, Gowan Company
is requesting to amend product
registrations to delete formetanate HCl
use on apples, peaches and pears in
order to reduce dietary exposure and
risks. This action by Gowan Company
will aid in mitigating dietary risks
identified in a December 7, 2010,
dietary risk assessment. More
information regarding this situation is
available in the formetanate HCl docket
(EPA–HQ–OPP–2010–0939).
Formetanate HCl is a miticide/
insecticide used on assorted crops.
There are no residential uses for
formetanate HCl products. Registered
products containing formetanate HCl are
intended to control thrips, lygus bugs,
stink bugs, mites, scale, campylloma,
and spiders. Currently, formetanate HCl
is only available as a wettable powder
formulation sold in water soluble bags.
The deletion of these uses will not
terminate the last formetanate HCl
products registered in the United States.
In letters dated April 20, 2011
(Makhteshim Agan of North America,
Inc.), May 10, 2011 (United Phosphorus,
Inc.), May 13, 2011 (Amvac Chemical
Corporation), and May 25, 2011
(ChemStarr, LLC., and Tide
International, USA, Inc.), registrants
requested that EPA amend their product
registrations to delete the succulent
green bean use from acephate product
registrations which are identified in
Table 1 of Unit III. Specifically, the
registrants are requesting to amend
product registrations to delete acephate
use on succulent green beans. Acephate
is an organophosphate insecticide, and
is registered for use on a variety of field,
fruit, and vegetable crops, and in food
handling establishments. It is also
registered for outdoor use on fieldgrown ornamentals, pasture, rangeland,
sod and golf course turf, and indoor use
in institutional settings. The deletion of
these uses will not terminate the last
acephate products registered in the
United States.
III. What action is the agency taking?
This notice announces receipt by EPA
of requests from registrants to delete
certain uses of formetanate HCl and
acephate product registrations. The
affected products and the registrants
making the request are identified in
Tables 1 and 2 of this unit.
Unless a request is withdrawn by the
registrant or if the Agency determines
that there are substantive comments that
warrant further review of this request,
EPA intends to issue an order amending
the affected registrations.
TABLE 1—FORMETANATE HCl AND ACEPHATE PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT
Registration No.
Product name
Chemical
10163–264 .....................................
Formetanate Hydrochloride Technical.
Carzol SP Miticide/Insecticide in
Water Soluble Packaging.
Carzol SP Insecticide in Water
Soluble Packaging.
Orthene Technical ........................
Acephate 75 Insecticide ...............
Acephate 90 Insecticide ...............
Acephate Technical ......................
Acephate 97UP Insecticide ..........
Acephate 90SP Manufacturing
Use Product.
Acephate 90DF Insecticide ..........
Acephate Technical ......................
Acephate 90% SP ........................
Acephate Technical ......................
Tide Acephate 90 WDG ...............
Formetanate HCl ..........................
Apple, Peach & Pear.
Formetanate HCl ..........................
Apple, Peach & Pear.
Formetanate HCl ..........................
Apple & Pear.
Acephate
Acephate
Acephate
Acephate
Acephate
Acephate
.......................................
.......................................
.......................................
.......................................
.......................................
.......................................
Succulent
Succulent
Succulent
Succulent
Succulent
Succulent
Green
Green
Green
Green
Green
Green
Beans.
Beans.
Beans.
Beans.
Beans.
Beans.
Acephate
Acephate
Acephate
Acephate
Acephate
.......................................
.......................................
.......................................
.......................................
.......................................
Succulent
Succulent
Succulent
Succulent
Succulent
Green
Green
Green
Green
Green
Beans.
Beans.
Beans.
Beans.
Beans.
10163–265 .....................................
WA010033 .....................................
5481–8975 .....................................
70506–1 .........................................
70506–2 .........................................
70506–3 .........................................
70506–8 .........................................
70506–71 .......................................
70506–76 .......................................
81964–1 .........................................
81964–3 .........................................
83558–35 .......................................
84229–7 .........................................
Table 2 of this unit includes the name
and address of record for the registrant
of the products listed in Table 1 of this
unit, 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 AMENDMENTS
TABLE 2—REGISTRANTS REQUESTING IV. What is the agency’s authority for
VOLUNTARY AMENDMENTS—Continued taking this action?
EPA Company
No.
Company name and address
70506 .............
United Phosphorus, Inc., 630
Freedom Business Center,
Suite 402, King of Prussia,
PA 19406.
ChemStarr, LLC, 21 Hubble,
Irvine, CA 92618.
Makhteshim Agan of North
America, Inc., 4515 Falls
of Neuse Road, Suite 300,
Raleigh, NC 27609.
Tide International, USA, Inc.,
21 Hubble, Irvine, CA
92618.
81964 .............
83558 .............
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EPA Company
No.
Company name and address
5481 ...............
Amvac Chemical Corporation, 4695 MacArthur
Court, Suite 1250, Newport Beach, CA 92660.
Gowan Company, P.O. Box
5569, Yuma, AZ 85366–
5569.
10163 .............
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Uses to be deleted
84229 .............
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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
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
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requested amendments to delete the
succulent green bean use, registrants
will be permitted to sell or distribute
products under the previously approved
labeling for a period of 18 months after
the date of Federal Register publication
of the cancellation order, unless other
restrictions have been imposed.
Thereafter, registrants will be prohibited
from selling or distributing the products
whose labels include the deleted uses
identified in Table 1 of Unit III., except
for export consistent with FIFRA section
17 or for proper disposal.
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.
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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 formetanate HCl and acephate
registrants have requested that EPA
waive the 180-day comment period.
Accordingly, EPA will provide a 30-day
comment period on the proposed
requests.
List of Subjects
Environmental protection, Pesticides
and pests.
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.
Formetanate HCl registrants will be
permitted to sell and distribute existing
stocks of products under the previously
approved labeling until November 30,
2011. 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, including those of (24c)
Special Local Needs Registration, whose
labels include the deleted uses until
December 31, 2013, provided that such
sale, distribution, or use is consistent
with the terms of the previously
approved labeling on, or that
accompanied, the deleted uses.
Once EPA has approved amended
acephate product labels reflecting the
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Dated: June 30, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2011–17359 Filed 7–12–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Information Collections Being
Submitted for Review and Approval to
the Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act (PRA) of 1995. Comments are
requested concerning: (a) Whether the
proposed collection of information is
necessary for the proper performance of
the functions of the Commission,
including whether the information shall
have practical utility; (b) the accuracy of
the Commission’s burden estimate; (c)
ways to enhance the quality, utility, and
clarity of the information collected; (d)
ways to minimize the burden of the
collection of information on the
respondents, including the use of
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and (e) ways to further reduce the
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business concerns with fewer than 25
employees.
The FCC may not conduct or sponsor
a collection of information unless it
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number. No person shall be subject to
SUMMARY:
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41253
any penalty for failing to comply with
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Act (PRA) comments should be
submitted on or before August 12, 2011.
If you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, via fax at 202–
395–5167 or via e-mail to
Nicholas_A._Fraser@omb.eop.gov and
to the Federal Communications
Commission via e-mail to PRA@fcc.gov
and Paul.Laurenzano@fcc.gov. To view
a copy of this information collection
request (ICR) submitted to OMB: (1) Go
to the Web page https://reginfo.gov/
public/do/PRAMain, (2) look for the
section of the Web page called
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the downward-pointing arrow in the
‘‘Select Agency’’ box below the
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select ‘‘Federal Communications
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(5) click the ‘‘Submit’’ button to the
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when the list of FCC ICRs currently
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Reference Number to view detailed
information about this ICR.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection(s), contact Paul
Laurenzano on (202) 418–1359.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–1120.
Title: Service Quality Measure Plan
for Interstate Special Access Quarterly
Reporting Requirements.
Form No.: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents: 3
respondents; 12 responses.
Estimated Time per Response: 25
hours.
Frequency of Response: Quarterly
reporting requirement, recordkeeping
requirement and third party disclosure
requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. 151,152,
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]]>Agencies
[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Pages 41250-41253]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17359]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2011-0507; FRL-8879-7]
Formetanate HCl and Acephate; Notice of Receipt of Requests to
Voluntarily Amend Registrations To Terminate Certain Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of requests by registrants to voluntarily amend their
formetanate HCl and acephate product registrations to delete uses. The
requests would delete formetanate HCl use in or on apple, pear and
peach commodities, and acephate use in or on succulent green beans. The
requests would not terminate the last formetanate HCl or acephate
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 request, or unless
one or more of the
[[Page 41251]]
registrants withdraws its request. 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 must be received on or before August 12, 2011.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2011-0507, 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-
2011-0507. 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 listed for the pesticide of
interest:
Active Ingredient...................... Chemical Review Manager,
Telephone Number, E-mail
Address
Formetanate HCl........................ James Parker, (703) 306-0469
parker.james@epa.gov
Acephate............................... 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 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 Amend Registrations To
Delete Uses
This notice announces receipt by EPA of requests from several
registrants including Amvac Chemical Corporation, United Phosphorus,
Inc., ChemStarr, LLC, Makhteshim Agan of North America, Inc., and Tide
International, USA, Inc., to delete the succulent green bean use from
acephate product registrations. This notice also announces receipt by
EPA of a request from Gowan Company to delete apple, peach and pear
uses from formetanate HCl product registrations.
In a letter dated May 31, 2011, Gowan Company requested that the
EPA amend to delete apple, peach and pear uses from formetanate HCl
product
[[Page 41252]]
registrations identified in Table 1 of Unit III. Specifically, Gowan
Company is requesting to amend product registrations to delete
formetanate HCl use on apples, peaches and pears in order to reduce
dietary exposure and risks. This action by Gowan Company will aid in
mitigating dietary risks identified in a December 7, 2010, dietary risk
assessment. More information regarding this situation is available in
the formetanate HCl docket (EPA-HQ-OPP-2010-0939). Formetanate HCl is a
miticide/insecticide used on assorted crops. There are no residential
uses for formetanate HCl products. Registered products containing
formetanate HCl are intended to control thrips, lygus bugs, stink bugs,
mites, scale, campylloma, and spiders. Currently, formetanate HCl is
only available as a wettable powder formulation sold in water soluble
bags. The deletion of these uses will not terminate the last
formetanate HCl products registered in the United States.
In letters dated April 20, 2011 (Makhteshim Agan of North America,
Inc.), May 10, 2011 (United Phosphorus, Inc.), May 13, 2011 (Amvac
Chemical Corporation), and May 25, 2011 (ChemStarr, LLC., and Tide
International, USA, Inc.), registrants requested that EPA amend their
product registrations to delete the succulent green bean use from
acephate product registrations which are identified in Table 1 of Unit
III. Specifically, the registrants are requesting to amend product
registrations to delete acephate use on succulent green beans. Acephate
is an organophosphate insecticide, and is registered for use on a
variety of field, fruit, and vegetable crops, and in food handling
establishments. It is also registered for outdoor use on field-grown
ornamentals, pasture, rangeland, sod and golf course turf, and indoor
use in institutional settings. The deletion of these uses will not
terminate the last acephate products registered in the United States.
III. What action is the agency taking?
This notice announces receipt by EPA of requests from registrants
to delete certain uses of formetanate HCl and acephate product
registrations. The affected products and the registrants making the
request are identified in Tables 1 and 2 of this unit.
Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order amending the
affected registrations.
Table 1--Formetanate HCl and Acephate Product Registrations With Pending Requests for Amendment
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Registration No. Product name Chemical Uses to be deleted
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10163-264............................ Formetanate Formetanate HCl........ Apple, Peach & Pear.
Hydrochloride
Technical.
10163-265............................ Carzol SP Miticide/ Formetanate HCl........ Apple, Peach & Pear.
Insecticide in Water
Soluble Packaging.
WA010033............................. Carzol SP Insecticide Formetanate HCl........ Apple & Pear.
in Water Soluble
Packaging.
5481-8975............................ Orthene Technical...... Acephate............... Succulent Green Beans.
70506-1.............................. Acephate 75 Insecticide Acephate............... Succulent Green Beans.
70506-2.............................. Acephate 90 Insecticide Acephate............... Succulent Green Beans.
70506-3.............................. Acephate Technical..... Acephate............... Succulent Green Beans.
70506-8.............................. Acephate 97UP Acephate............... Succulent Green Beans.
Insecticide.
70506-71............................. Acephate 90SP Acephate............... Succulent Green Beans.
Manufacturing Use
Product.
70506-76............................. Acephate 90DF Acephate............... Succulent Green Beans.
Insecticide.
81964-1.............................. Acephate Technical..... Acephate............... Succulent Green Beans.
81964-3.............................. Acephate 90% SP........ Acephate............... Succulent Green Beans.
83558-35............................. Acephate Technical..... Acephate............... Succulent Green Beans.
84229-7.............................. Tide Acephate 90 WDG... Acephate............... Succulent Green Beans.
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Table 2 of this unit includes the name and address of record for
the registrant of the products listed in Table 1 of this unit, 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 Amendments
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EPA Company No. Company name and address
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5481................................... Amvac Chemical Corporation,
4695 MacArthur Court, Suite
1250, Newport Beach, CA 92660.
10163.................................. Gowan Company, P.O. Box 5569,
Yuma, AZ 85366-5569.
70506.................................. United Phosphorus, Inc., 630
Freedom Business Center, Suite
402, King of Prussia, PA
19406.
81964.................................. ChemStarr, LLC, 21 Hubble,
Irvine, CA 92618.
83558.................................. Makhteshim Agan of North
America, Inc., 4515 Falls of
Neuse Road, Suite 300,
Raleigh, NC 27609.
84229.................................. Tide International, USA, Inc.,
21 Hubble, Irvine, CA 92618.
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IV. What is the agency's authority for taking this action?
Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any 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 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
[[Page 41253]]
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 formetanate HCl and acephate registrants have requested that
EPA waive the 180-day comment period. Accordingly, EPA will provide a
30-day comment period on the proposed requests.
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.
Formetanate HCl registrants will be permitted to sell and
distribute existing stocks of products under the previously approved
labeling until November 30, 2011. 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, including those of (24c) Special Local
Needs Registration, whose labels include the deleted uses until
December 31, 2013, provided that such sale, distribution, or use is
consistent with the terms of the previously approved labeling on, or
that accompanied, the deleted uses.
Once EPA has approved amended acephate product labels reflecting
the requested amendments to delete the succulent green bean use,
registrants will be permitted to sell or distribute products under the
previously approved labeling for a period of 18 months after the date
of Federal Register publication of the cancellation order, unless other
restrictions have been imposed. Thereafter, registrants will be
prohibited from selling or distributing the products whose labels
include the deleted uses identified in Table 1 of Unit III., except for
export consistent with FIFRA section 17 or for proper disposal.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: June 30, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-17359 Filed 7-12-11; 8:45 am]
BILLING CODE 6560-50-P
