Notice of Receipt of Request To Voluntarily Cancel Certain Pesticide Registrations, 15949-15950 [2013-05834]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Notices]
[Pages 15949-15950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05834]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0955; FRL-9379-4]


Notice of Receipt of Request To Voluntarily Cancel Certain 
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests 
by a registrant to voluntarily cancel certain pesticide registrations. 
EPA intends to issue a cancellation order granting these requests at 
the close of the comment period for this notice. If these requests are 
granted, any sale, distribution, or use of products listed in this 
notice will be permitted after the registration has been canceled only 
if such sale, distribution, or use is consistent with the terms as 
described in the final cancellation order.

DATES: Comments must be received on or before April 12, 2013.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0955, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
    Submit written withdrawal request by mail to: Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001. ATTN: Rusty Wasem.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/contacts.htm.

    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Rusty Wasem, Pesticide Re-Evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 305-6979; email address: 
wasem.russell@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.

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 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. What action is the Agency taking?

    This notice announces receipt by the Agency of requests from 
Spectrum Group (Spectrum) to cancel five pesticide products registered 
under FIFRA section 3. These registrations are listed in sequence by 
registration number in Table 1 of this unit. The requests for voluntary 
cancellation were conditioned, for some of the products, on the 
effective date of cancellation and the Agency's allowance of certain 
sale and distribution of existing stocks of canceled product. At the 
end of the 30-day period identified above, EPA intends to issue an 
order in the Federal Register canceling all of the affected 
registrations in a manner consistent with the conditional nature of the 
request for cancellation.

[[Page 15950]]



      Table 1--Registrations With Pending Requests for Cancellation
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       Registration No.             Product name         Chemical name
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8845-39......................  Rid-A-Rat and Mouse    Warfarin.
                                Killer.
8845-125.....................  Hot Shot Sudden Death  Bromethalin.
                                Brand Mouse Killer.
8845-126.....................  Hot Shot Sudden Death  Bromethalin.
                                Brand Rat Killer 1.
8845-127.....................  Hot Shot Sudden Death  Bromethalin.
                                Brand Mouse and Rat
                                Killer.
8845-128.....................  Hot Shot Sudden Death  Bromethalin.
                                Brand Mouse Killer
                                Bait Station.
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    Table 2 of this unit includes the address of Spectrum.

          Table 2--Registrant Requesting Voluntary Cancellation
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          EPA Company No.                 Company name and address
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8845..............................  Spectrum Group, A Division of United
                                     Industries, 1 Rider Trail Plaza
                                     Drive, Suite 300, Earth City, MO
                                     63045.
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III. What is the Agency's authority for taking this action?

    Section 6(f)(1)(A) of FIFRA provides that a registrant of a 
pesticide product may, at any time, request that any of its pesticide 
registrations be canceled. 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)(A) 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 products listed in Table 1 of Unit II do not represent minor 
agricultural uses and thereby are not eligible for a 180-day comment 
period on their request for voluntary cancellation. In addition, 
Spectrum has requested that EPA waive any 180-day comment period. 
Accordingly, EPA will provide a 30-day comment period on the proposed 
requests.

IV. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of canceled pesticide products 
that are in the United States and that were appropriately packaged, 
labeled, and released for shipment prior to the effective date of 
cancellation of the underlying registration. It is EPA's intention to 
issue a cancellation order treating existing stocks after cancellation 
of the registrations identified in Table 1 as follows:
    1. For product registered under EPA registration number 8845-127:
    i. Cancellation of this registration will become effective on 
August 1, 2013. The registrant has agreed to a cap upon production of 
product between January 30, 2013, and July 31, 2013. All subsequent 
conditions are contingent on the registrant abiding by the terms of 
this production cap.
    ii. The registrant will be permitted to sell and distribute stocks 
of 8845-127 until November 1, 2013. After November 1, 2013, the 
registrant will be prohibited from selling or distributing the product, 
except for export consistent with FIFRA section 17 or for proper 
disposal.
    iii. Existing stocks may be sold and distributed by persons other 
than the registrant until the later of the following two dates:
    a. September 1, 2014; or
    b. The last date for which sales of rodenticide products (including 
existing stocks) registered by Reckitt Benckiser that are subject to 
the Notice of Intent to Cancel signed by EPA on January 29, 2013, 
remain legally permissible under FIFRA.
    Users will be allowed to use existing stocks until such stocks are 
exhausted, provided that such use is consistent with the terms of the 
previously approved labeling on, or that accompanied, the canceled 
product.
    2. For products registered under EPA registration numbers 8845-39, 
8845-125, 8845-126, and 8845-128:
    Cancellation of these registrations shall become effective on April 
12, 2013. Upon cancellation, EPA intends to prohibit all sale or 
distribution of existing stocks of these products by any person, except 
for export consistent with FIFRA section 17, proper disposal, or return 
to the person from whom the product was purchased. Users will be 
allowed to use existing stocks until such stocks are exhausted, 
provided that such use is consistent with the terms of the previously 
approved labeling on, or that accompanied, the canceled product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 1, 2013.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2013-05834 Filed 3-12-13; 8:45 am]
BILLING CODE 6560-50-P