Formetanate HCl and Acephate; Cancellation Order for Amendments To Terminate; Product Uses, 56753-56754 [2011-23338]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Pages 56753-56754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23338]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0507; FRL-8888-2]


Formetanate HCl and Acephate; Cancellation Order for Amendments 
To Terminate; Product Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces EPA's order for the amendments to 
terminate uses, voluntarily requested by the registrants and accepted 
by the Agency, of products containing formetanate HCl and acephate, 
pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), as amended. This cancellation order follows a 
July 13, 2011 Federal Register Notice of Receipt of Requests from the 
registrants listed in Table 2 of Unit II. to voluntarily amend their 
formetanate HCl and acephate product registrations to delete uses. 
These are not the last products containing these pesticides registered 
for use in the United States. In the July 13, 2011 notice, EPA 
indicated that it would issue an order implementing the amendments to 
terminate uses, unless the Agency received substantive comments within 
the 30-day comment period that would merit its further review of these 
requests, or unless the registrants withdrew their requests. The Agency 
did not receive any comments on the notice. Further, the registrants 
did not withdraw their requests. Accordingly, EPA hereby issues in this 
notice a cancellation order granting the requested amendments to 
terminate uses of formetanate HCl and acephate product registrations. 
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 amendments are effective September 14, 2011.

FOR FURTHER INFORMATION CONTACT: Formetanate HCL: James Parker, 
Pesticide Re-evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (301) 306-0469; fax 
number: (703) 308-7070; e-mail address: parker.james@epa.gov .
    Acephate: Kelly Ballard, Pesticide Re-evaluation Division (7508P), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(703) 305-8126; fax number: (703) 308-7070; e-mail address: 
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. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2011-0507. Publicly available 
docket materials are available either in the electronic docket at 
https://www.regulations.gov, or, if only available in hard copy, at the 
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, 
VA. The hours of operation of this Docket Facility are from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket 
Facility telephone number is (703) 305-5805.

II. What action is the Agency taking?

    This notice announces the amendments to delete uses, as requested 
by registrants, of products registered under section 3 of FIFRA. These 
registrations are listed in sequence by registration number in Table 1 
of this unit.

               Table 1--Formetanate HCL & Acephate Product Registration Amendments To Delete Uses
----------------------------------------------------------------------------------------------------------------
         EPA registration No.                   Product name                         Uses deleted
----------------------------------------------------------------------------------------------------------------
10163-264............................  Formetanate Hydrochloride      Apple, Peach & Pear.
                                        Technical.
10163-265............................  Carzol SP Miticide/            Apple, Peach & Pear.
                                        Insecticide in Water Soluble
                                        Packaging.
WA010033.............................  Carzol SP Insecticide in       Apple & Pear.
                                        Water Soluble Packaging.
5481-8975............................  Orthene Technical............  Succulent Green Beans.
70506-1..............................  Acephate 75 Insecticide......  Succulent Green Beans.
70506-2..............................  Acephate 90 Insecticide......  Succulent Green Beans.
70506-3..............................  Acephate Technical...........  Succulent Green Beans.
70506-8..............................  Acephate 97UP Insecticide....  Succulent Green Beans.
70506-71.............................  Acephate 90SP Manufacturing    Succulent Green Beans.
                                        Use Product.
70506-76.............................  Acephate 90DF Insecticide....  Succulent Green Beans.
81964-1..............................  Acephate Technical...........  Succulent Green Beans.
81964-3..............................  Acephate 90% SP..............  Succulent Green Beans.
83558-35.............................  Acephate Technical...........  Succulent Green Beans.
84229-7..............................  Tide Acephate 90 WDG.........  Succulent Green Beans.
----------------------------------------------------------------------------------------------------------------


[[Page 56754]]

    Table 2 of this unit includes the names and addresses of record for 
all registrants of the products 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 this unit.

                Table 2--Registrants of Amended Products
------------------------------------------------------------------------
          EPA company No.                 Company name and address
------------------------------------------------------------------------
5481..............................  Amvac Chemical Corporation, 4695
                                     MacArthur Ct., 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 Rd, Suite
                                     300, Raleigh, NC 27609.
84229.............................  Tide International, USA, Inc., 21
                                     Hubble, Irvine, CA 92618.
------------------------------------------------------------------------

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 July 13, 2011 Federal Register notice (76 FR 41250) 
(FRL-8879-7) announcing the Agency's receipt of the requests for 
voluntary amendments to delete uses of products listed in Table 1 of 
Unit II.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendments to terminate uses of formetanate HCl and acephate 
registrations identified in Table 1 of Unit II. Accordingly, the Agency 
hereby orders that the product registrations identified in Table 1 of 
Unit II. are amended to terminate the affected uses. The effective date 
of the cancellations that are subject of this notice is September 14, 
2011. Any distribution, sale, or use of existing stocks of the products 
identified in Table 1 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 this action was published for 
comment on July 13, 2011. The comment period closed on August 15, 2011.

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 
action. The existing stocks provision for the products subject to this 
order is as follows.
    Since the EPA has approved product labels reflecting the requested 
amendments to delete uses, formetanate HCl registrants will now 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 II., 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 registrations) 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.
    Now that EPA has approved product labels reflecting the requested 
amendments to delete uses, acephate registrants are permitted to sell 
or distribute products listed in Table 1 of Unit II. under the 
previously approved labeling until March 14, 2013, 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 II., except for 
export consistent with FIFRA section 17 or for proper disposal.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 7, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2011-23338 Filed 9-13-11; 8:45 am]
BILLING CODE 6560-50-P