Product Cancellation Order for Certain Pesticide Registrations, 24195-24197 [2013-09554]
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Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
1200 Pennsylvania Ave. NW.,
Washington, DC 20460, and (2) OMB via
email to oira_submission@omb.eop.gov.
Address comments to OMB Desk Officer
for EPA.
EPA’s policy is that all comments
received will be included in the public
docket without change including any
personal information provided, unless
the comment includes profanity, threats,
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute.
FOR FURTHER INFORMATION CONTACT:
Craig Dufficy, Materials Recovery and
Waste Management Division, Office of
Resource Conservation and Recovery,
Mail Code 5304P, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460;
telephone number: 703–308–9037; fax
number: 703–308–8686; email address:
dufficy.craig@epa.gov.
SUPPLEMENTARY INFORMATION:
Supporting documents which explain in
detail the information that the EPA will
be collecting are available in the public
docket for this ICR. The docket can be
viewed online at www.regulations.gov
or in person at the EPA Docket Center,
EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The telephone number for the
Docket Center is 202–566–1744. For
additional information about EPA’s
public docket, visit https://www.epa.gov/
dockets.
Abstract: In order to effectively
implement and enforce final changes to
40 CFR Part 258 on a State level,
owners/operators of municipal solid
waste landfills have to comply with the
final reporting and recordkeeping
requirements. Respondents include
owners or operators of new municipal
solid waste landfills (MSWLFs), existing
MSWLFs, and lateral expansions of
existing MSWLFs. The respondents, in
complying with 40 CFR Part 258, are
required to record information in the
facility operating record, pursuant to
§ 258.29, as it becomes available. The
operating record must be supplied to the
State as requested until the end of the
post-closure care period of the MSWLF.
The information collected will be used
by the State Director to confirm owner
or operator compliance with the
regulations under Part 258. These
owners or operators could include
Federal, State, and local governments,
and private waste management
companies. Facilities in NAICS codes
9221, 5622, 3252, 3251 and 3253 may be
affected by this rule.
Form Numbers: None.
VerDate Mar<15>2010
18:05 Apr 23, 2013
Jkt 229001
Respondents/affected entities: State/
local/tribal governments, private sector.
Respondent’s obligation to respond:
Mandatory. The respondents, in
complying with 40 CFR Part 258, are
required to record information in the
facility operating record, pursuant to
§ 258.29, as it becomes available.
Estimated number of respondents:
3,800.
Frequency of response: Once, On
occasion.
Total estimated burden: 204,808
hours (per year). Burden is defined at 5
CFR 1320.3(b).
Total estimated Annual cost:
$15,438,308, includes $2,210,853
annualized capital or O&M costs.
Changes in the Estimates: There is a
decrease of 60 hours in the total
estimated respondent burden compared
with the ICR currently approved by
OMB. This decrease is due to an
adjustment for current estimates of
burden hours.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2013–09678 Filed 4–23–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2012–0844; FRL–9383–5]
Product Cancellation Order for Certain
Pesticide Registrations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This notice announces EPA’s
order for the cancellations, voluntarily
requested by the registrants and
accepted by the Agency, of the products
listed in Table 1. and 2. of Unit II.,
pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA). This cancellation order follows
a December 19, 2012 Federal Register
Notice of Receipt of Request from the
registrants listed in Table 3. of Unit II.
to voluntarily cancel these technical and
end use product registrations. In the
December 19, 2012 notice, EPA
indicated that it would issue an order
implementing the cancellations 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 received one set of comments
on the notice, and the comments did not
merit EPA’s further review of the
request. Further, the registrants did not
withdraw their requests. Accordingly,
SUMMARY:
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Sfmt 4703
24195
EPA hereby issues in this notice a
cancellation order granting the
requested cancellations. Any
distribution, sale, or use of the products
subject to this cancellation order is
permitted only in accordance with the
terms of this order, including any
existing stocks provisions.
DATES: The allethrin series of pyrethroid
insecticides includes bioallethrin (PC
code 004003), esbiol (004004),
esbiothrin (004007), and pynamin forte
(004005). The cancellation for all
allethrins technical products, listed in
Table 1. of Unit II., will be effective
September 30, 2015; no use of technical
allethrins products to formulate any end
use products will be permitted after
December 31, 2015; and the cancellation
for the allethrins end use products listed
in Table 2. of Unit II. will be effective
December 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Molly Clayton, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (703) 603–0522; fax number:
(703) 308–8090; email address:
clayton.molly@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.
B. How can I get copies of this document
and other related information?
The docket for this action, identified
by docket identification (ID) number
EPA–HQ–OPP–2012–0844 is available
at https://www.regulations.gov or at the
Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the
Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
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24196
Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Notices
information about the docket available
at https://www.epa.gov/dockets.
II. What action is the agency taking?
This notice announces the
cancellation, as requested by registrants
of products registered under FIFRA
section 3. These registrations are listed
in sequence by registration number in
Tables 1. and 2. of this unit.
TABLE 1—TECHNICAL PRODUCT
CANCELLATIONS
Registration No.
Product name
10308–3 .............
73049–105 .........
73049–125 .........
73049–155 .........
73049–156 .........
73049–359 .........
73049–394 .........
Pynamin Forte Technical.
Bioallethrin Technical.
Crossfire Technical.
Esbiol Technical.
Crossfire Technical.
Bioallethrin Technical.
VBC Bioallethrin 90%
Concentrate.
VBC Esbiol Concentrate.
VBC Esbiothrin.
73049–395 .........
73049–399 .........
TABLE 2—END USE PRODUCT
CANCELLATIONS
Registration No.
Product name
73049–157 .........
Cypermethrin/Esbiothrin/
Piperonyl Butoxide
0.05%/0.1%/0.4% A.
DS 205 Insecticide.
UltraTec DS 215 Insecticide.
DS 530 Insecticide.
ULTRATEC DS 210 Insecticide.
Ultratec KD AC.
DSP 0.25–2.5–25 AC.
UltraTec DS OB AC.
UltraTec DSP 515 Insecticide.
UltraTec DS 105 OB Insecticide.
73049–177 .........
73049–178 .........
73049–180 .........
73049–183 .........
73049–184
73049–210
73049–354
73049–389
.........
.........
.........
.........
73049–390 .........
Table 3. of this unit includes the
names and addresses of record for all
registrants of the products in Tables 1.
and 2. 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.
tkelley on DSK3SPTVN1PROD with NOTICES
TABLE 3—REGISTRANTS OF
CANCELLED PRODUCTS
EPA Company
No.
Company name and
address
10308 .................
Sumitomo Chemical Company, Ltd., 1330 Dillon
Heights Avenue, Baltimore, MD 21228–1199.
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18:05 Apr 23, 2013
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TABLE 3—REGISTRANTS OF
CANCELLED PRODUCTS—Continued
EPA Company
No.
Company name and
address
73049 .................
Valent BioSciences Corporation, 870 Technology Way, Suite 100,
Libertyville, IL 60048–
6316.
III. Summary of Public Comments
Received and Agency Response to
Comments
During the comment period, the
Agency received comments from
ThermaCELL (a division of The
Schawbel Corporation), a company that
uses an allethrin technical product, for
which cancellation was requested, in
the formulation of its end use products.
In its comments, ThermaCELL asks for
additional time to formulate its
allethrins end use products, beyond the
date of December 31, 2015, as specified
in the Notice of Receipt of a Request to
Voluntarily Cancel Certain Pesticide
Registrations, in order to pursue
alternative formulation and product
design options. ThermaCELL also
recommended certain changes to the
proposed cancellation order. For
example, ThermaCELL asked that EPA
change the definition of existing stocks
to allow existing stocks stored overseas
to be imported and sold in the United
States. ThermaCELL also requested EPA
modify the language regarding the dates
related to existing stocks. Finally,
ThermaCELL requested that companies
be given until 2020 to identify an
alternative provider of allethrins
because that was the Agency’s projected
timeframe for completing registration
review.
The cancellation schedule allows
almost 3 years (from March 2013 to
December 2015) before formulation of
allethrins end use products using the
cancelled technical products would be
prohibited. ThermaCELL did not
explain its basis for suggesting that
cancellation as of December 2015 would
be insufficient to develop alternative
product formulations or equipment. As
for the suggested changes to the
cancellation order language, both the
Notice of Receipt of a Request to
Voluntarily Cancel Certain Pesticide
Registrations and this Product
Cancellation Order provide the standard
language for existing stocks used by
EPA when describing cancellation
actions. The existing stocks dates are
well into the future, including that as of
January 1, 2017, persons other than
registrants (including ThermaCELL) will
be allowed to sell, distribute, or use
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Sfmt 4703
existing stocks of cancelled end use
products until such stocks are
exhausted. EPA does not believe it is
necessary to modify the definition of,
and dates for, formulation and use of
existing stocks here. For these reasons,
the Agency does not believe that the
comments submitted during the
comment period merit further review or
a denial of the requests for voluntary
cancellation.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA
hereby approves the requested
cancellations of the registrations
identified in Table 1. and 2. of Unit II.
Accordingly, the Agency orders that the
product registrations identified in Table
1. and 2. of Unit II. are canceled. The
effective date of the cancellations that
are the subject of this notice are as
follows: the cancellation for all
allethrins technical products, listed in
Table 1. of Unit II., will be effective
September 30, 2015; no use of technical
allethrins products to formulate any end
use products will be permitted after
December 31, 2015; and the cancellation
for the allethrins end use products listed
in Table 2. of Unit II. will be effective
December 31, 2016. Any distribution,
sale, or use of existing stocks of the
products identified in Tables 1. and 2.
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
in the Federal Register issue of
December 19, 2012 (77 FR 75157) (FRL–
9368–8). The comment period closed on
January 17, 2013.
VI. Provisions for Disposition of
Existing Stocks
Existing stocks are those stocks of
registered pesticide products which are
currently in the United States and
which were packaged, labeled, and
released for shipment prior to the
effective date of the cancellation action.
The registrants may continue to sell and
distribute existing stocks of technical
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Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Notices
products listed in Table 1. of Unit II. up
to and including September 30, 2015,
and end use products listed in Table 2.
of Unit II. up to and including December
31, 2016. The following terms and
conditions are applicable to existing
stocks:
• No sale or distribution of allethrins
technical products by any person, other
than for purposes of disposal or export,
will be permitted after September 30,
2015.
• No use of technical allethrins
products to formulate end use products
will be permitted after December 31,
2015.
• As of January 1, 2017, persons other
than registrants will be allowed to sell,
distribute, or use existing stocks of
cancelled end use products until such
stocks are exhausted. Use of existing
stocks will be permitted only to the
extent that the use is consistent with the
terms of the previously-approved
labeling accompanying the product
used.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: April 11, 2013.
Richard P. Keigwin Jr.,
Director, Pesticide Re-Evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2013–09554 Filed 4–23–13; 8:45 am]
This notice announces EPA’s
order for the cancellations, voluntarily
requested by the registrants and
accepted by the Agency, of the products
listed in Table 1 of Unit II., pursuant to
the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). This
cancellation order follows a September
19, 2012 Federal Register notice of
receipt of requests from the registrants
listed in Table 2 of Unit II. to
voluntarily cancel these product
registrations. In the September 19, 2012
notice, EPA indicated that it would
issue an order implementing the
cancellations, unless the Agency
received substantive comments within
the 180-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 cancellations. Any
distribution, sale, or use of the products
subject to this cancellation order is
permitted only in accordance with the
terms of this order, including any
existing stocks provisions.
SUMMARY:
The cancellations are effective
April 24, 2013.
John
W. Pates, Jr., Pesticide Re-Evaluation
Division (7508P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (703) 308–8195; email address:
pates.john@epa.gov.
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
EPA–HQ–OPP–2010–0014; FRL–9384–6]
Product Cancellation Order for Certain
Pesticide Registrations
Environmental Protection
Agency (EPA).
I. General Information
Notice.
DATES:
BILLING CODE 6560–50–P
AGENCY:
ACTION:
24197
SUPPLEMENTARY 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.
B. How can I get copies of this document
and other related information?
The docket for this action, identified
by docket identification (ID) number
EPA–HQ–OPP–2010–0014, is available
at https://www.regulations.gov or at the
Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the
Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
II. What action is the agency taking?
This notice announces the
cancellation, as requested by registrants,
of 50 products registered under FIFRA
section 3. These registrations are listed
in sequence by registration number in
Table 1 of this unit.
TABLE 1—PRODUCT CANCELLATIONS
Product name
00100–00990 ..............................
000264–00778 ............................
000432–00867 ............................
000432–01240 ............................
000432–01241 ............................
000432–01242 ............................
000432–01243 ............................
000432–01307 ............................
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EPA Registration No.
............................
............................
............................
............................
Demon WP Insecticide ................................................
Stratego .......................................................................
Delta GC Insecticide Granule ......................................
DeltaGard GC Granular Insecticide. ...........................
DeltaGard T & O Granular Insecticide ........................
DeltaGard GC Granular Insecticide ............................
DeltaGard T & O Granular Insecticide ........................
Tempo 20 WP T & O Insecticide in Water Soluble
Packets (120G).
Tempo 0.02 Ornamental Insecticide ...........................
Tempo 2 Golf Course Insecticide ................................
Tempo 2 Greenhouse and Nursery Insecticide ..........
Bulk Amphyl Brand Disinfectant ..................................
001043–00115 ............................
001448–00092 ............................
Process Vesphene II ST .............................................
Busan 1024 .................................................................
002829–00090 ............................
002829–00096 ............................
Durotex 7603 ...............................................................
Vinyzene BP 5–2 .........................................................
000432–01325
000432–01337
000432–01359
000675–00019
VerDate Mar<15>2010
18:05 Apr 23, 2013
Jkt 229001
PO 00000
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Chemical name
Sfmt 4703
Cypermethrin.
Propiconazole; trifloxystrobin.
Deltamethrin.
Deltamethrin.
Deltamethrin.
Deltamethrin.
Deltamethrin.
Cyfluthrin.
Cyfluthrin.
Cyfluthrin.
Cyfluthrin.
2-Benzyl-4-chlorophenol;
o-phenylphenol.
4-Tert amylphenol; o-phenylphenol.
3,5,7-Triaza-1-azoniatricyclo(3.3.1.1
(superscript 3,7)) decane, 1-methyl-, chloride.
10,10’-Oxybisphenoxarsine.
10,10’-Oxybisphenoxarsine.
E:\FR\FM\24APN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Notices]
[Pages 24195-24197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09554]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2012-0844; FRL-9383-5]
Product Cancellation Order for Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrants and accepted by the Agency, of
the products listed in Table 1. and 2. of Unit II., pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This
cancellation order follows a December 19, 2012 Federal Register Notice
of Receipt of Request from the registrants listed in Table 3. of Unit
II. to voluntarily cancel these technical and end use product
registrations. In the December 19, 2012 notice, EPA indicated that it
would issue an order implementing the cancellations 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 received one set of
comments on the notice, and the comments did not merit EPA's further
review of the request. Further, the registrants did not withdraw their
requests. Accordingly, EPA hereby issues in this notice a cancellation
order granting the requested cancellations. Any distribution, sale, or
use of the products subject to this cancellation order is permitted
only in accordance with the terms of this order, including any existing
stocks provisions.
DATES: The allethrin series of pyrethroid insecticides includes
bioallethrin (PC code 004003), esbiol (004004), esbiothrin (004007),
and pynamin forte (004005). The cancellation for all allethrins
technical products, listed in Table 1. of Unit II., will be effective
September 30, 2015; no use of technical allethrins products to
formulate any end use products will be permitted after December 31,
2015; and the cancellation for the allethrins end use products listed
in Table 2. of Unit II. will be effective December 31, 2016.
FOR FURTHER INFORMATION CONTACT: Molly Clayton, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 603-0522; fax number: (703) 308-8090;
email address: clayton.molly@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.
B. How can I get copies of this document and other related information?
The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2012-0844 is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional
[[Page 24196]]
information about the docket available at https://www.epa.gov/dockets.
II. What action is the agency taking?
This notice announces the cancellation, as requested by registrants
of products registered under FIFRA section 3. These registrations are
listed in sequence by registration number in Tables 1. and 2. of this
unit.
Table 1--Technical Product Cancellations
------------------------------------------------------------------------
Registration No. Product name
------------------------------------------------------------------------
10308-3................................... Pynamin Forte Technical.
73049-105................................. Bioallethrin Technical.
73049-125................................. Crossfire Technical.
73049-155................................. Esbiol Technical.
73049-156................................. Crossfire Technical.
73049-359................................. Bioallethrin Technical.
73049-394................................. VBC Bioallethrin 90%
Concentrate.
73049-395................................. VBC Esbiol Concentrate.
73049-399................................. VBC Esbiothrin.
------------------------------------------------------------------------
Table 2--End Use Product Cancellations
------------------------------------------------------------------------
Registration No. Product name
------------------------------------------------------------------------
73049-157................................. Cypermethrin/Esbiothrin/
Piperonyl Butoxide 0.05%/
0.1%/0.4% A.
73049-177................................. DS 205 Insecticide.
73049-178................................. UltraTec DS 215 Insecticide.
73049-180................................. DS 530 Insecticide.
73049-183................................. ULTRATEC DS 210 Insecticide.
73049-184................................. Ultratec KD AC.
73049-210................................. DSP 0.25-2.5-25 AC.
73049-354................................. UltraTec DS OB AC.
73049-389................................. UltraTec DSP 515
Insecticide.
73049-390................................. UltraTec DS 105 OB
Insecticide.
------------------------------------------------------------------------
Table 3. of this unit includes the names and addresses of record
for all registrants of the products in Tables 1. and 2. 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 3--Registrants of Cancelled Products
------------------------------------------------------------------------
EPA Company No. Company name and address
------------------------------------------------------------------------
10308..................................... Sumitomo Chemical Company,
Ltd., 1330 Dillon Heights
Avenue, Baltimore, MD 21228-
1199.
73049..................................... Valent BioSciences
Corporation, 870 Technology
Way, Suite 100,
Libertyville, IL 60048-
6316.
------------------------------------------------------------------------
III. Summary of Public Comments Received and Agency Response to
Comments
During the comment period, the Agency received comments from
ThermaCELL (a division of The Schawbel Corporation), a company that
uses an allethrin technical product, for which cancellation was
requested, in the formulation of its end use products. In its comments,
ThermaCELL asks for additional time to formulate its allethrins end use
products, beyond the date of December 31, 2015, as specified in the
Notice of Receipt of a Request to Voluntarily Cancel Certain Pesticide
Registrations, in order to pursue alternative formulation and product
design options. ThermaCELL also recommended certain changes to the
proposed cancellation order. For example, ThermaCELL asked that EPA
change the definition of existing stocks to allow existing stocks
stored overseas to be imported and sold in the United States.
ThermaCELL also requested EPA modify the language regarding the dates
related to existing stocks. Finally, ThermaCELL requested that
companies be given until 2020 to identify an alternative provider of
allethrins because that was the Agency's projected timeframe for
completing registration review.
The cancellation schedule allows almost 3 years (from March 2013 to
December 2015) before formulation of allethrins end use products using
the cancelled technical products would be prohibited. ThermaCELL did
not explain its basis for suggesting that cancellation as of December
2015 would be insufficient to develop alternative product formulations
or equipment. As for the suggested changes to the cancellation order
language, both the Notice of Receipt of a Request to Voluntarily Cancel
Certain Pesticide Registrations and this Product Cancellation Order
provide the standard language for existing stocks used by EPA when
describing cancellation actions. The existing stocks dates are well
into the future, including that as of January 1, 2017, persons other
than registrants (including ThermaCELL) will be allowed to sell,
distribute, or use existing stocks of cancelled end use products until
such stocks are exhausted. EPA does not believe it is necessary to
modify the definition of, and dates for, formulation and use of
existing stocks here. For these reasons, the Agency does not believe
that the comments submitted during the comment period merit further
review or a denial of the requests for voluntary cancellation.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations of the registrations identified in Table 1. and 2. of
Unit II. Accordingly, the Agency orders that the product registrations
identified in Table 1. and 2. of Unit II. are canceled. The effective
date of the cancellations that are the subject of this notice are as
follows: the cancellation for all allethrins technical products, listed
in Table 1. of Unit II., will be effective September 30, 2015; no use
of technical allethrins products to formulate any end use products will
be permitted after December 31, 2015; and the cancellation for the
allethrins end use products listed in Table 2. of Unit II. will be
effective December 31, 2016. Any distribution, sale, or use of existing
stocks of the products identified in Tables 1. and 2. 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 in the Federal Register issue of December 19, 2012 (77 FR
75157) (FRL-9368-8). The comment period closed on January 17, 2013.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The registrants may continue to sell and
distribute existing stocks of technical
[[Page 24197]]
products listed in Table 1. of Unit II. up to and including September
30, 2015, and end use products listed in Table 2. of Unit II. up to and
including December 31, 2016. The following terms and conditions are
applicable to existing stocks:
No sale or distribution of allethrins technical products
by any person, other than for purposes of disposal or export, will be
permitted after September 30, 2015.
No use of technical allethrins products to formulate end
use products will be permitted after December 31, 2015.
As of January 1, 2017, persons other than registrants will
be allowed to sell, distribute, or use existing stocks of cancelled end
use products until such stocks are exhausted. Use of existing stocks
will be permitted only to the extent that the use is consistent with
the terms of the previously-approved labeling accompanying the product
used.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: April 11, 2013.
Richard P. Keigwin Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2013-09554 Filed 4-23-13; 8:45 am]
BILLING CODE 6560-50-P
