Imidacloprid, Oxamyl, and Methomyl; Notice of Receipt of Requests to Voluntarily Amend Pesticide Registrations To Terminate Certain Uses, 1684-1687 [2012-229]

Download as PDF 1684 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices registration_review. Links to earlier documents related to the registration review of these pesticide are provided at: https://www.epa.gov/oppsrrd1/ registration_review/butylate/, https:// www.epa.gov/oppsrrd1/ registration_review/fenoxycarb/, https:// www.epa.gov/oppsrrd1/ registration_review/ sodium_tetrathiocarbonate/, and https:// www.epa.gov/oppsrrd1/ registration_review/temephos/. B. What is the agency’s authority for taking this action? Section 3(g) of FIFRA and 40 CFR part 155, subpart C, provide authority for this action. List of Subjects Environmental protection, Registration review, Pesticides and pests, Butylate, Fenoxycarb, Sodium tetrathiocarbonate, and Temephos. Dated: December 21, 2011. Richard P. Keigwin, Jr., Director, Pesticide Re-evaluation Division, Office of Pesticide Programs. [FR Doc. 2012–212 Filed 1–10–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2011–0933; FRL–9328–2] Imidacloprid, Oxamyl, and Methomyl; Notice of Receipt of Requests to Voluntarily Amend Pesticide 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 certain imidacloprid product registrations to delete use on almonds, to voluntarily amend oxamyl product registrations to delete use on soybeans, and to voluntarily amend methomyl product registrations to delete use on grapes. The requests would not terminate the last imidacloprid, oxamyl, or methomyl 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 it receives substantive comments within the comment period that would merit further review of the request, or unless one or more of the registrants withdraws its request. If the Agency grants these pmangrum on DSK3VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:02 Jan 10, 2012 Jkt 226001 requests, 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 February 10, 2012. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2011–0933 and pesticide active ingredient to which they pertain (imidacloprid, oxamyl, or methomyl), 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– 0933, and identify the pesticide active ingredient (imidacloprid, oxamyl, or methomyl) to which they pertain. EPA’s policy is that all comments received will be included in the docket without change and may be made available online 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 email comment directly to EPA without going through regulations.gov, your email 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 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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: Contact the appropriate Chemical Review Manager identified in the table in this unit for the pesticide active ingredient of interest: Pesticide active ingredient Chemical review manager’s name and contact information Imidacloprid .... Rusty Wasem, Telephone number: (703) 305–6979, email address: wasem.russell@epa.gov. Tom Myers, Telephone number: (703) 308–8589, email address: myers.tom@epa.gov. Monica Wait, Telephone number: (703) 347–8019, email address: wait.monica@epa.gov. Methomyl ....... Oxamyl ........... Alternatively, you can write to the appropriate Chemical Review Manager’s attention at: Pesticide Re-evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460–0001. 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 E:\FR\FM\11JAN1.SGM 11JAN1 1685 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices B. How do I submit comments and other related information? 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. 1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. 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. II. Background on the Receipt of Requests To Amend Registrations To Delete Uses This notice announces receipt by EPA of requests from Bayer CropScience, United Phosphorus, Source Dynamics, IPM Resources, Makhteshim Agan, Sharda, and Willowood to delete the almond use from imidacloprid product registrations. This notice also announces receipt by EPA of requests from DuPont Crop Protection to delete the soybean use from oxamyl product registrations and to delete the grape use from methomyl product registrations. In letters dated February 25, 2011 (Bayer CropScience), March 10, 2011 (United Phosphorus, Source Dynamics, Willowood), March 14, 2011 (Sharda USA LLC), March 16, 2011 (Sharda Worldwide Exports PVT. LTD.), March 17, 2011 (IPM Resources), and March 18, 2011 (Makhteshim Agan), registrants requested that the EPA amend the respective imidacloprid product registrations to delete use on almonds, summarized in Table 1 of Unit III. These cancellations are not due to human health (dietary) issues. Imidacloprid is a systemic neonicotinoid insecticide used on food crops, ornamentals, turf, seed treatments, domestic pets, and structural pests. The deletion of these uses will not terminate the last imidacloprid products registered in the United States. 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. In a letter dated October 19, 2011, DuPont Crop Protection requested that the EPA amend the respective oxamyl product registrations to delete use on soybeans, summarized in Table 1 of Unit III. Oxamyl is a restricted use Nmethyl carbamate (NMC) insecticide, acaricide, miticide, nematicide, and plant growth regulator registered for use on a variety of fruits, vegetables, and field crops. It is a member of the NMC class of chemicals that share a common mechanism of toxicity and inhibit acetylcholinesterase. Use of oxamyl on soybeans was removed from all oxamyl product labels in 2006 following the Oxamyl Reregistration Eligibility Decision. Deletion of the soybean use will not terminate the last oxamyl products registered in the United States. In a letter dated November 18, 2010, DuPont Crop Protection requested that the EPA amend the respective methomyl product registrations to delete use on grapes, summarized in Table 1 of Unit III. Methomyl is an NMC insecticide and miticide, registered for use on a variety of fruits, vegetables, and field crops. Deletion of the grape use will not terminate the last methomyl 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 almond uses of imidacloprid product registrations, the soybean uses of oxamyl product registrations, and the grape uses of methomyl product registrations. These requests terminate the use of imidacloprid on almonds, oxamyl on soybeans, and methomyl on grapes. The affected products and the registrants making the requests are identified in Table 1 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—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT pmangrum on DSK3VPTVN1PROD with NOTICES EPA Registration No. Product name 264–755 ............................ 264–756 ............................ 264–1131 .......................... 66222–156 ........................ 66222–228 ........................ 70506–122 ........................ 70506–153 ........................ 70506–154 ........................ 81598–5 ............................ 82542–16 .......................... 82542–25 .......................... 82633–8 ............................ 83529–6 ............................ Imidacloprid Technical ................................................. Merit 75% Concentrate Insecticide ............................. Gaucho 600 Flowable Concentrate ............................. MANA Alias 4F ............................................................ Pasada 1.6 Flowable Insecticide ................................. UPI Imidacloprid Technical Insecticide ....................... Imidacloprid 70 DF Agricultural Insecticide ................. Fist 1.6 F Insecticide ................................................... Rotam Imidacloprid Technical ..................................... Technical Imidacloprid ................................................. Imidacloprid 2F Insecticide .......................................... Imidacloprid Technical ................................................. Midash Forte Insecticide ............................................. VerDate Mar<15>2010 15:02 Jan 10, 2012 Jkt 226001 PO 00000 Frm 00021 Active ingredient Fmt 4703 Sfmt 4703 Imidacloprid Imidacloprid Imidacloprid Imidacloprid Imidacloprid Imidacloprid Imidacloprid Imidacloprid Imidacloprid Imidacloprid Imidacloprid Imidacloprid Imidacloprid ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ E:\FR\FM\11JAN1.SGM 11JAN1 Uses to be deleted Almonds. Almonds. Almonds. Almonds. Almonds. Almonds. Almonds. Almonds. Almonds. Almonds. Almonds. Almonds. Almonds. 1686 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices TABLE 1—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT—Continued EPA Registration No. Product name Active ingredient 87290–14 .......................... 83558–34 .......................... 352–372 ............................ 352–400 ............................ 352–532 ............................ 352–361 ............................ 352–366 ............................ Willowood Imidacloprid 4SC ........................................ Imidacloprid Technical Insecticide ............................... Vydate L Insecticide/Nematicide ................................. DuPont Oxamyl Technical 42 Insecticide/Nematicide Vydate C–LV Insecticide/Nematicide .......................... DuPont Methomyl Composition ................................... DuPont Methomyl Technical ....................................... Imidacloprid ........................................ Imidacloprid ........................................ Oxamyl ............................................... Oxamyl ............................................... Oxamyl ............................................... Methomyl ........................................... Methomyl ........................................... Table 2 of this unit includes the name and address of record for the registrants of the products listed in Table 1 of this unit, 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 AMENDMENT EPA Company No. Company name and address 264 ................. Bayer CropScience, 2 T.W. Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709. E.I. Du Pont de Nemours and Co., Inc., DuPont Crop Protection, 1007 Market Street, Wilmington, DE 19898. Makhteshim Agan of North America, Inc., 4515 Falls of Neuse Road, Suite 300, Raleigh, NC 27609. United Phosphorus, Inc., 630 Freedom Business Center, Suite 402, King of Prussia, PA 19406. IPM Resources LLC, 4032 Crockers Lake Blvd., Suite 818, Sarasota, FL 34238. Source Dynamics, Inc., 10039 E. Troon North Drive, Scottsdale, AZ 85262. Sharda Worldwide Exports, 7460 Lancaster Pike, Suite 9, Hockessin, DE 19707. Sharda USA LLC., 7460 Lancaster Pike, Suite 9, Hockessin, DE 19707. Celsius Property B.V. Amsterdam (NL), c/o Makhteshim Agan of North America, Inc., 4515 Falls of Neuse Road, Suite 300, Raleigh, NC 27609. Willowood, LLC, 1600 NW Garden Valley Blvd., Suite 130, Roseburg, OR 97471. 352 ................. 66222 ............. 70506 ............. 81598 ............. 82542 ............. 82633 ............. 83529 ............. 83558 ............. pmangrum on DSK3VPTVN1PROD with NOTICES 87290 ............. 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 VerDate Mar<15>2010 15:02 Jan 10, 2012 Jkt 226001 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 30day 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 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 imidacloprid and methomyl registrants associated with this action have requested EPA waive the 180-day comment period. The oxamyl registrant’s request to delete the soybean use does not constitute a minor agricultural use, and as such, the 180day comment period does not apply. Accordingly, EPA will provide a 30-day comment period on the proposed imidacloprid, oxamyl, and methomyl 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, no later than 30 days from publication of this notice. 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 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Uses to be deleted Almonds. Almonds. Soybeans. Soybeans. Soybeans. Grapes. Grapes. 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 imidacloprid, the registrants listed in Table 1 will be permitted to sell and distribute existing stocks of products under the previously approved labeling for a period of 18 months after publication of the cancellation order in the Federal Register. 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 such stocks 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. Once EPA has approved amended imidacloprid product labels reflecting the requested amendments to delete almond uses, 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. For methomyl, now that EPA has approved amended product labels reflecting the requested amendments to delete the grape use, the registrants will be permitted to sell or distribute products under the previously approved E:\FR\FM\11JAN1.SGM 11JAN1 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices labeling until June 8, 2012. 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. For oxamyl, because the soybean use has not been included on oxamyl product labels since 2006, EPA and the registrant believe that no existing stocks period is needed. List of Subjects Environmental protection, Almond, Grape, Imidacloprid, Methomyl, Oxamyl, Pesticides and pests, Soybean. Dated: December 15, 2011. Richard P. Keigwin, Jr., Director, Pesticide Re-evaluation Division, Office of Pesticide Programs. [FR Doc. 2012–229 Filed 1–10–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OW–2011–0986; FRL–9617–1] EPA Workshops on Achieving Water Quality Through Integrated Municipal Stormwater and Wastewater Plans Under the Clean Water Act (CWA) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency is holding a series of workshops to solicit the individual views of stakeholders on the use of integrated municipal stormwater and wastewater plans to meet the water quality objectives of the CWA. The workshops are intended to assist EPA in developing an integrated planning approach framework that could be used to help municipalities prioritize their infrastructure investments in order to maximize water quality benefits and consider various innovative approaches, such as green infrastructure, that may be more sustainable. The workshops will include a facilitated discussion with representatives of organizations that represent elected local officials, publicly owned treatment works (POTW), municipal stormwater managers, state NPDES permitting and enforcement authorities, and environmental advocacy groups. EPA invites other interested members of the public to observe the workshops and to offer verbal comments at designated times during the workshops. In addition to submitting information at the listening sessions, the public may pmangrum on DSK3VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:02 Jan 10, 2012 Jkt 226001 also provide input to the Agency through email, fax or mail. DATES: EPA is asking for statements and input from the interested public on or before February 29, 2012. The dates for the workshops are provided below. ADDRESSES: Submit your statements or input, identified by Docket ID No. EPA– HQ–OW–2011–0986, by one of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting input. • Email: OW–Docket@epa.gov, Attention Docket ID No. EPA–HQ–OW– 2011–0986. • Fax: (202) 566–9744. • Mail: Water Docket, U.S. Environmental Protection Agency, Mail code: 4203M, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Attention Docket ID No. EPA–HQ–OW–2011– 0986. • Hand Delivery: Water Docket, EPA Docket Center, EPA West Building Room 3334, 1301 Constitution Ave. NW., Washington, DC, Attention Docket ID No. EPA–HQ–OW–2011–0986. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your input to Docket ID No. EPA–HQ–OW–2011– 0986. EPA’s policy is that all input received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the input 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 www.regulations.gov or email. The www.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 input. If you send an email with input directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the input that is placed in the public docket and made available on the Internet. If you submit an electronic input, EPA recommends that you include your name and other contact information in the body of your input and with any disk or CD–ROM you submit. If EPA cannot read your input due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your input. Electronic files should avoid the use of PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 1687 special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. FOR FURTHER INFORMATION CONTACT: For further information about this notice, contact Kevin Weiss, EPA Headquarters, Office of Water, Office of Wastewater Management at tel.: (202) 564–0742 or email: weiss.kevin@epa.gov. Workshop Dates and Addresses: The workshops will be held on the following dates at the listed locations: • January 31, 2012, 10 a.m. to 3 p.m. at EPA Region 4 Office, 61 Forsyth Street SW., Atlanta, GA 30303; • February 6, 2012, 10 a.m. to 3 p.m. at EPA Region 2 Office, 290 Broadway, New York, NY 10007–1866; • February 13, 2012, 10 a.m. to 3 p.m. at EPA Region 10 Office, 1200 Sixth Avenue Seattle, WA 98101; • February 15, 2012, 10 a.m. to 3 p.m. at EPA Region 7 Office, 901 N. 5th Street Kansas City, KS 66101; and • February 17, 2012, 10 a.m. to 3 p.m. at EPA Region 5 Office, 77 West Jackson Boulevard Chicago, IL 60604–3507. If you plan to participate in a workshop as an observer, whether or not you plan to make verbal comments, EPA requests that you preregister by January 20, 2012 at https://www.epa.gov/npdes/ integratedplans. SUPPLEMENTARY INFORMATION: I. Background Since the passage of the CWA, great progress has been made toward restoring the nation’s waters. Many more streams, rivers and bays are fishable and swimmable than 40 years ago. During this time, the overall number of people served by municipal wastewater treatment facilities that either do not discharge or provide at least secondary treatment increased from 84.1 million in 1972 to 222.5 million in 2008. In addition, many municipalities have begun to make significant investments in advanced treatment, controlling combined sewer overflows (CSOs) and sanitary sewer overflows (SSOs) and are beginning to address water quality problems associated with stormwater. While significant progress has been made in reducing pollutant discharges, much work remains to be done to restore impaired waters. The challenges municipalities face in making additional water quality improvements are particularly complex. Providing advanced treatment for nutrients and controlling combined sewer overflows (CSOs), sanitary sewer overflows E:\FR\FM\11JAN1.SGM 11JAN1

Agencies

[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1684-1687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-229]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0933; FRL-9328-2]


Imidacloprid, Oxamyl, and Methomyl; Notice of Receipt of Requests 
to Voluntarily Amend Pesticide 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 registrants to voluntarily amend 
certain imidacloprid product registrations to delete use on almonds, to 
voluntarily amend oxamyl product registrations to delete use on 
soybeans, and to voluntarily amend methomyl product registrations to 
delete use on grapes. The requests would not terminate the last 
imidacloprid, oxamyl, or methomyl 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 it receives substantive 
comments within the comment period that would merit further review of 
the request, or unless one or more of the registrants withdraws its 
request. If the Agency grants these requests, 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 February 10, 2012.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2011-0933 and pesticide active ingredient to 
which they pertain (imidacloprid, oxamyl, or methomyl), 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-
2011-0933, and identify the pesticide active ingredient (imidacloprid, 
oxamyl, or methomyl) to which they pertain. 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 email comment directly to EPA without 
going through regulations.gov, your email 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: Contact the appropriate Chemical 
Review Manager identified in the table in this unit for the pesticide 
active ingredient of interest:

 
------------------------------------------------------------------------
                                          Chemical review manager's name
      Pesticide active ingredient            and contact information
------------------------------------------------------------------------
Imidacloprid...........................  Rusty Wasem, Telephone number:
                                          (703) 305-6979, email address:
                                          wasem.russell@epa.gov.
Methomyl...............................  Tom Myers, Telephone number:
                                          (703) 308-8589, email address:
                                          myers.tom@epa.gov.
Oxamyl.................................  Monica Wait, Telephone number:
                                          (703) 347-8019, email address:
                                          wait.monica@epa.gov.
------------------------------------------------------------------------

    Alternatively, you can write to the appropriate Chemical Review 
Manager's attention at: Pesticide Re-evaluation Division (7508P), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Avenue NW., Washington, DC 20460-0001.

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

[[Page 1685]]

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 do I submit comments and other related information?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. 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 Bayer 
CropScience, United Phosphorus, Source Dynamics, IPM Resources, 
Makhteshim Agan, Sharda, and Willowood to delete the almond use from 
imidacloprid product registrations. This notice also announces receipt 
by EPA of requests from DuPont Crop Protection to delete the soybean 
use from oxamyl product registrations and to delete the grape use from 
methomyl product registrations.
    In letters dated February 25, 2011 (Bayer CropScience), March 10, 
2011 (United Phosphorus, Source Dynamics, Willowood), March 14, 2011 
(Sharda USA LLC), March 16, 2011 (Sharda Worldwide Exports PVT. LTD.), 
March 17, 2011 (IPM Resources), and March 18, 2011 (Makhteshim Agan), 
registrants requested that the EPA amend the respective imidacloprid 
product registrations to delete use on almonds, summarized in Table 1 
of Unit III. These cancellations are not due to human health (dietary) 
issues. Imidacloprid is a systemic neonicotinoid insecticide used on 
food crops, ornamentals, turf, seed treatments, domestic pets, and 
structural pests. The deletion of these uses will not terminate the 
last imidacloprid products registered in the United States.
    In a letter dated October 19, 2011, DuPont Crop Protection 
requested that the EPA amend the respective oxamyl product 
registrations to delete use on soybeans, summarized in Table 1 of Unit 
III. Oxamyl is a restricted use N-methyl carbamate (NMC) insecticide, 
acaricide, miticide, nematicide, and plant growth regulator registered 
for use on a variety of fruits, vegetables, and field crops. It is a 
member of the NMC class of chemicals that share a common mechanism of 
toxicity and inhibit acetylcholinesterase. Use of oxamyl on soybeans 
was removed from all oxamyl product labels in 2006 following the Oxamyl 
Reregistration Eligibility Decision. Deletion of the soybean use will 
not terminate the last oxamyl products registered in the United States.
    In a letter dated November 18, 2010, DuPont Crop Protection 
requested that the EPA amend the respective methomyl product 
registrations to delete use on grapes, summarized in Table 1 of Unit 
III. Methomyl is an NMC insecticide and miticide, registered for use on 
a variety of fruits, vegetables, and field crops. Deletion of the grape 
use will not terminate the last methomyl 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 almond uses of imidacloprid product registrations, the 
soybean uses of oxamyl product registrations, and the grape uses of 
methomyl product registrations. These requests terminate the use of 
imidacloprid on almonds, oxamyl on soybeans, and methomyl on grapes. 
The affected products and the registrants making the requests are 
identified in Table 1 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--Product Registrations With Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
       EPA Registration No.              Product name        Active ingredient          Uses to be deleted
----------------------------------------------------------------------------------------------------------------
264-755...........................  Imidacloprid           Imidacloprid.........  Almonds.
                                     Technical.
264-756...........................  Merit 75% Concentrate  Imidacloprid.........  Almonds.
                                     Insecticide.
264-1131..........................  Gaucho 600 Flowable    Imidacloprid.........  Almonds.
                                     Concentrate.
66222-156.........................  MANA Alias 4F........  Imidacloprid.........  Almonds.
66222-228.........................  Pasada 1.6 Flowable    Imidacloprid.........  Almonds.
                                     Insecticide.
70506-122.........................  UPI Imidacloprid       Imidacloprid.........  Almonds.
                                     Technical
                                     Insecticide.
70506-153.........................  Imidacloprid 70 DF     Imidacloprid.........  Almonds.
                                     Agricultural
                                     Insecticide.
70506-154.........................  Fist 1.6 F             Imidacloprid.........  Almonds.
                                     Insecticide.
81598-5...........................  Rotam Imidacloprid     Imidacloprid.........  Almonds.
                                     Technical.
82542-16..........................  Technical              Imidacloprid.........  Almonds.
                                     Imidacloprid.
82542-25..........................  Imidacloprid 2F        Imidacloprid.........  Almonds.
                                     Insecticide.
82633-8...........................  Imidacloprid           Imidacloprid.........  Almonds.
                                     Technical.
83529-6...........................  Midash Forte           Imidacloprid.........  Almonds.
                                     Insecticide.

[[Page 1686]]

 
87290-14..........................  Willowood              Imidacloprid.........  Almonds.
                                     Imidacloprid 4SC.
83558-34..........................  Imidacloprid           Imidacloprid.........  Almonds.
                                     Technical
                                     Insecticide.
352-372...........................  Vydate L Insecticide/  Oxamyl...............  Soybeans.
                                     Nematicide.
352-400...........................  DuPont Oxamyl          Oxamyl...............  Soybeans.
                                     Technical 42
                                     Insecticide/
                                     Nematicide.
352-532...........................  Vydate C-LV            Oxamyl...............  Soybeans.
                                     Insecticide/
                                     Nematicide.
352-361...........................  DuPont Methomyl        Methomyl.............  Grapes.
                                     Composition.
352-366...........................  DuPont Methomyl        Methomyl.............  Grapes.
                                     Technical.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrants of the products listed in Table 1 of this unit, 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 Amendment
------------------------------------------------------------------------
              EPA Company No.                 Company name and address
------------------------------------------------------------------------
264.......................................  Bayer CropScience, 2 T.W.
                                             Alexander Drive, P.O. Box
                                             12014, Research Triangle
                                             Park, NC 27709.
352.......................................  E.I. Du Pont de Nemours and
                                             Co., Inc., DuPont Crop
                                             Protection, 1007 Market
                                             Street, Wilmington, DE
                                             19898.
66222.....................................  Makhteshim Agan of North
                                             America, Inc., 4515 Falls
                                             of Neuse Road, Suite 300,
                                             Raleigh, NC 27609.
70506.....................................  United Phosphorus, Inc., 630
                                             Freedom Business Center,
                                             Suite 402, King of Prussia,
                                             PA 19406.
81598.....................................  IPM Resources LLC, 4032
                                             Crockers Lake Blvd., Suite
                                             818, Sarasota, FL 34238.
82542.....................................  Source Dynamics, Inc., 10039
                                             E. Troon North Drive,
                                             Scottsdale, AZ 85262.
82633.....................................  Sharda Worldwide Exports,
                                             7460 Lancaster Pike, Suite
                                             9, Hockessin, DE 19707.
83529.....................................  Sharda USA LLC., 7460
                                             Lancaster Pike, Suite 9,
                                             Hockessin, DE 19707.
83558.....................................  Celsius Property B.V.
                                             Amsterdam (NL), c/o
                                             Makhteshim Agan of North
                                             America, Inc., 4515 Falls
                                             of Neuse Road, Suite 300,
                                             Raleigh, NC 27609.
87290.....................................  Willowood, LLC, 1600 NW
                                             Garden Valley Blvd., Suite
                                             130, Roseburg, OR 97471.
------------------------------------------------------------------------

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 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 imidacloprid and methomyl registrants associated with this 
action have requested EPA waive the 180-day comment period. The oxamyl 
registrant's request to delete the soybean use does not constitute a 
minor agricultural use, and as such, the 180-day comment period does 
not apply. Accordingly, EPA will provide a 30-day comment period on the 
proposed imidacloprid, oxamyl, and methomyl 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, no later than 
30 days from publication of this notice. 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 imidacloprid, the registrants listed in Table 1 will be 
permitted to sell and distribute existing stocks of products under the 
previously approved labeling for a period of 18 months after 
publication of the cancellation order in the Federal Register. 
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 such 
stocks 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.
    Once EPA has approved amended imidacloprid product labels 
reflecting the requested amendments to delete almond uses, 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.
    For methomyl, now that EPA has approved amended product labels 
reflecting the requested amendments to delete the grape use, the 
registrants will be permitted to sell or distribute products under the 
previously approved

[[Page 1687]]

labeling until June 8, 2012. 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. For oxamyl, 
because the soybean use has not been included on oxamyl product labels 
since 2006, EPA and the registrant believe that no existing stocks 
period is needed.

List of Subjects

    Environmental protection, Almond, Grape, Imidacloprid, Methomyl, 
Oxamyl, Pesticides and pests, Soybean.

    Dated: December 15, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2012-229 Filed 1-10-12; 8:45 am]
BILLING CODE 6560-50-P
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