Metaldehyde; Amendment To Terminate Uses, 40136-40138 [2013-16035]

Download as PDF 40136 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission’s Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding. eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: https://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Dated: June 21, 2013. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2013–15991 Filed 7–2–13; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2005–0231; FRL–9384–5] Metaldehyde; Amendment To Terminate Uses Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: This notice announces EPA’s order for the amendment to terminate uses, voluntarily requested by the registrant and accepted by the Agency, of a product containing metaldehyde, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This order follows a March 23, SUMMARY: 2012 Federal Register Notice of Receipt of a Request from the registrant listed in Table 2 of Unit II. to voluntarily amend to terminate uses of this product registration. This is not the last product containing this pesticide registered for use in the United States. In the March 23, 2012 notice, EPA indicated that it would issue an order implementing the amendment to terminate uses, unless the Agency received substantive comments within the 180-day comment period that would merit its further review of these requests, or unless the registrant withdrew its request. The Agency received comments on the notice but none merited its further review of the requests. Further, the registrant did not withdraw its request. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested amendment to terminate uses. 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 amendment is effective July 3, 2013. FOR FURTHER INFORMATION CONTACT: Jill Bloom, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 308–8019; fax number: (703) 308– 8005; email address: bloom.jill@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–2005–0231, 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 amendment to terminate uses, as requested by the registrant of a product registered under FIFRA section 3. The EPA registration number and product name are shown in Table 1 of this unit. TABLE 2—METALDEHYDE PRODUCT REGISTRATION AMENDMENT TO DELETE USES EPA Registration No. emcdonald on DSK67QTVN1PROD with NOTICES 6836–107 ........... Product name Uses deleted—all but the following: Lonza Meta Metaldehyde Technical Molluscicide. Artichokes, blueberries, caneberries (bingleberry, black raspberry, blackberry, boysenberry, dewberry, lowberry, marionberry, olallieberry, red raspberry, youngberry) and other berries (currant, elderberry, gooseberry, huckleberry, loganberry, lingonberry, juneberry, salal), citrus, lettuce, cole crops and other leafy greens (broccoli, Brussels sprouts, cabbage, cauliflower, cavalo broccolo, collards, kale, kohlrabi, mizuna, mustard greens, mustard spinach, rape greens), grass grown for seed, ornamentals, prickly pear cactus, tomato, strawberry, watercress, and use sites with directions for use in state and/or Federal invasive mollusk eradication operations. Table 2 of this unit includes the names and address of record for the registrant of the product in Table 1 of this unit, in sequence by EPA company number. The company number corresponds to the first part of the EPA registration number of the product listed above. VerDate Mar<15>2010 17:48 Jul 02, 2013 Jkt 229001 TABLE 3—REGISTRANTS OF AMENDED PRODUCTS III. Summary of Public Comments Received and Agency Response to Comments EPA company No. Company name and address 6836 ............. Lonza, Inc. 90 Boroline Road Allendale, NJ 07401 A summary of the public comments in response to March 23, 2013 notice and the Agency’s responses to those comments are provided below. IR–4 Project Headquarters at Rutgers University (IR–4) requested that certain uses for which the registrant has PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\03JYN1.SGM 03JYN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices requested termination remain registered. IR–4 submitted a petition (PP#2E8070) on July 30, 2012, in support of proposed tolerances for grass grown for seed, leaf petioles, peppermint, spearmint, wetland, Caneberry subgroup 13–07A, Bushberry subgroup 13–07B and Berry low growing subgroup 13–07G. IR–4 noted that, since the petition is currently under review by the Agency, it would be most efficient to maintain the registrations until the data have been evaluated. IR–4 also noted that it is currently conducting residue studies in support of minor uses of metaldehyde on legume subgroups 6A, 6B, and 6C, ginseng, and Pacific Northwest only uses on wheat and root vegetables, in addition to completing a residue study supporting the use on clover grown for seed. IR–4 is requesting that these uses also be retained. Finally, IR–4 requests clarification on whether or not use is permitted on ornamentals in greenhouses, hoophouses, and other indoor production structures. Oregon State University commented that losing the use of metaldehyde on the crops included in the IR–4 petition and the ongoing residue studies would negatively impact slug and snail management in Oregon, and that growers would be likely to suffer significant economic losses if metaldehyde was no longer an option for control of these pests. Virginia Polytechnic Institute and State University, University of Delaware, and the Pennsylvania State University commented on the need for metaldehyde to control slugs in the Mid-Atlantic region, particularly on corn, soybean, canola, and other field crops. All three commenters indicated that while the increased adoption of notill cultural practices has many advantages for the grower and the environment, reduced tillage can result in increased slug populations. Pest pressure may cause farmers to return to conventional tillage, with its potential for increased run-off into the Chesapeake Bay. Additionally, the use of the highly toxic carbamate insecticide methomyl as a control for slugs has been increasing in the Mid-Atlantic States since the pest was added via a FIFRA Section 2(ee) recommendation from the manufacturer. One commenter expressed the view that that recent studies show methomyl to be of limited efficacy. EPA response to all comments: Some of the uses the commenters have asked the Agency to retain have already been approved, including grass grown for seed, strawberries, blueberries, and caneberries and bushberries in the former commodity subgroups 13A and VerDate Mar<15>2010 17:48 Jul 02, 2013 Jkt 229001 13B, thus they need not be covered by this use termination order. The other uses that IR–4 and other commenters requested be retained have never been listed explicitly on the label for Registration Number 6836–107. That label was amended in 2012 to allow formulation only into products for use on sites determined to be eligible for reregistration and sites subsequently approved in registration or tolerance actions. The metaldehyde uses that would be terminated based on the registrant’s request have not undergone complete human health and ecological risk assessments, either during the course of reregistration or subsequently through registration or tolerance actions. The IR– 4 program has developed or is developing residue data on some of the uses the commenters would like to have retained. The tolerance assessments for the uses of metaldehyde covered by the already submitted petition are scheduled to be complete in November 2013. The risk concerns cited in the metaldehyde Reregistration Eligibility Decision include risks to wildlife. Until both the human health and ecological risk assessments are conducted for any uses other than those covered in Table 1 in Unit II, decisions on the registration of metaldehyde for other uses, including acceptable use parameters and directions for use, cannot be made. The Agency acknowledges the particular role pesticides play in managing pest problems in no-till or reduced tillage farming, as well as the positive impact these farming systems can have on run-off and water quality. In order for the use of metaldehyde to be permitted in no-till/reduced tillage field crops, or any other use site mentioned by the commenters, a full Suite of data, covering both human health and ecological risk, must be submitted in support of an application to register that use. The decision to make such applications and to submit supporting data is typically made by the registrant, although other entities may take on those responsibilities. Thus the uses that the commenters would like to have retained could be approved in the future if the necessary steps to registration are undertaken. While we acknowledge the value of metaldehyde in controlling slugs and snails, particularly outside of conventional tillage, we are unable at this time to approve the uses the commenters would like to retain. For this reason, the Agency does not believe that the comments submitted during the comment period merit denial of the requests for voluntary use deletion. PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 40137 In response to the question about the use of metaldehyde on ornamentals, the Agency wishes to clarify that approved ornamental uses include ornamentals in greenhouses, hoophouses, and other indoor ornamentals production facilities, as well as outdoor plants. To address concerns about the efficacy of methomyl for slugs, the Agency has notified the methomyl registrant about the new efficacy data from Delaware and is reviewing the information internally. IV. Order for the Amendment To Terminate Uses Pursuant to FIFRA section 6(f), EPA hereby approves the requested amendment to terminate uses of the metaldehyde registration identified in Table 1 of Unit II. Accordingly, the Agency hereby orders that the product registration identified in Table 1 of Unit II. is amended to terminate the affected uses. The effective date of the amendments that is the subject of this notice is July 3, 2013. Any distribution, sale, or use of existing stocks of the products identified in Table 1 of Unit II. in a manner inconsistent with any of the provisions for disposition of existing stocks set forth in Unit VI. will be a violation of FIFRA. V. What is the Agency’s authority for taking this action? Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register. Thereafter, following the public comment period, the EPA Administrator may approve such a request. The notice of receipt for this action was published for comment on March 23, 2012 (77 FR 17052–17055) (FRL–9342–6). The comment period closed on September 19, 2012. VI. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the action. The existing stocks provision for the products subject to this order is as follows. Registrants are permitted to sell or distribute products listed in Table 1 of Unit II. under the previously approved labeling until July 3, 2014, a period of 12 months after publication of the cancellation order in this Federal E:\FR\FM\03JYN1.SGM 03JYN1 40138 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices Register, unless other restrictions have been imposed. Thereafter, registrants will be prohibited from selling or distributing the products whose labels include the deleted uses identified in Table 1 of Unit II., except for export consistent with FIFRA section 17 or for proper disposal. Persons other than the registrant may sell, distribute, or use existing stocks of products whose labels include the deleted uses until supplies 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. List of Subjects Environmental protection, Pesticides and pests. Dated: June 21, 2013. Richard P. Keigwin, Jr., Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs. [FR Doc. 2013–16035 Filed 7–2–13; 8:45 am] BILLING CODE 6560–50–P How can I get copies of this document and other related information? EPA has established a docket for this action under Docket ID No. EPA–HQ– OEI–2012–0952. Copies of the docket materials are available at www.regulations.gov or in hard copy at the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center 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. The telephone number for the OEI Docket Center is (202) 566–1752. How can I get electronic access to this document? You may access this Federal Register document electronically under the ‘‘Federal Register’’ listings at www.regulations.gov. on the notice. Further, the registrant did not withdraw their request. 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 cancellations are effective July 3, 2013. FOR FURTHER INFORMATION CONTACT: Tom Myers, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 308–8589; fax number: (703) 308– 7070; email address: myers.tom@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information the system and the Web site has been taken down. Dated: June 20, 2013. Malcolm D. Jackson, Assistant Administrator and Chief Information Officer. ENVIRONMENTAL PROTECTION AGENCY [FR Doc. 2013–16069 Filed 7–2–13; 8:45 am] [FRL–9830–4; EPA–HQ–OEI–2012–0952] BILLING CODE 6560–50–P Notification of Deletion of System of Records: Kid’s Club Membership List (EPA–57) ENVIRONMENTAL PROTECTION AGENCY Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: [EPA–HQ–OPP–2005–0057; FRL–9389–6] Chlorpyrifos; Cancellation Order for Certain Pesticide Registrations The Environmental Protection Agency is deleting the system of records for the Kids Club Membership List (EPA–57) published in the Federal Register on March 2, 2006, from its inventory of Privacy Act systems. The system is no longer active and the Web site has been taken down. DATES: This notice is effective immediately upon publication in the Federal Register. FOR FURTHER INFORMATION CONTACT: Megan Gavin, (312) 353–5282. SUPPLEMENTARY INFORMATION: SUMMARY: emcdonald on DSK67QTVN1PROD with NOTICES General Information The Kid’s Club Membership List (EPA–57) contains non-sensitive personally identifiable information (PII) provided by children in grades K–4 and their parents. The system was created to promote environmental stewardship among children. Participants received certificates, membership cards and stickers for joining the club. Completed projects were posted on the Internet. The Office of Public Affairs deactivated VerDate Mar<15>2010 17:48 Jul 02, 2013 Jkt 229001 Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: This notice announces EPA’s order for the cancellations, voluntarily requested by the registrant and accepted by the Agency, of products containing chlorpyrifos, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a March 9, 2005 Federal Register Notice of Receipt of Request from the registrant listed in Table 2 of Unit II. to voluntarily cancel these product registrations. These are not the last products containing this pesticide registered for use in the United States. In the March 9, 2005 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 registrant withdrew their request. The Agency did not receive any comments SUMMARY: PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 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–2005–0057, 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 cancellations, as requested by the registrant, of the products registered under FIFRA section 3. These registrations are listed in sequence by E:\FR\FM\03JYN1.SGM 03JYN1

Agencies

[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Pages 40136-40138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16035]


=======================================================================
-----------------------------------------------------------------------

 ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0231; FRL-9384-5]


Metaldehyde; Amendment To Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's order for the amendment to 
terminate uses, voluntarily requested by the registrant and accepted by 
the Agency, of a product containing metaldehyde, pursuant to the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This order 
follows a March 23, 2012 Federal Register Notice of Receipt of a 
Request from the registrant listed in Table 2 of Unit II. to 
voluntarily amend to terminate uses of this product registration. This 
is not the last product containing this pesticide registered for use in 
the United States. In the March 23, 2012 notice, EPA indicated that it 
would issue an order implementing the amendment to terminate uses, 
unless the Agency received substantive comments within the 180-day 
comment period that would merit its further review of these requests, 
or unless the registrant withdrew its request. The Agency received 
comments on the notice but none merited its further review of the 
requests. Further, the registrant did not withdraw its request. 
Accordingly, EPA hereby issues in this notice a cancellation order 
granting the requested amendment to terminate uses. 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 amendment is effective July 3, 2013.

FOR FURTHER INFORMATION CONTACT: Jill Bloom, Pesticide Re-Evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 308-8019; fax number: (703) 308-8005; 
email address: bloom.jill@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-2005-0231, 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 amendment to terminate uses, as requested 
by the registrant of a product registered under FIFRA section 3. The 
EPA registration number and product name are shown in Table 1 of this 
unit.

                       Table 2--Metaldehyde Product Registration Amendment To Delete Uses
----------------------------------------------------------------------------------------------------------------
      EPA Registration No.              Product name                 Uses deleted--all but the following:
----------------------------------------------------------------------------------------------------------------
6836-107.......................  Lonza Meta Metaldehyde      Artichokes, blueberries, caneberries (bingleberry,
                                  Technical Molluscicide.     black raspberry, blackberry, boysenberry,
                                                              dewberry, lowberry, marionberry, olallieberry, red
                                                              raspberry, youngberry) and other berries (currant,
                                                              elderberry, gooseberry, huckleberry, loganberry,
                                                              lingonberry, juneberry, salal), citrus, lettuce,
                                                              cole crops and other leafy greens (broccoli,
                                                              Brussels sprouts, cabbage, cauliflower, cavalo
                                                              broccolo, collards, kale, kohlrabi, mizuna,
                                                              mustard greens, mustard spinach, rape greens),
                                                              grass grown for seed, ornamentals, prickly pear
                                                              cactus, tomato, strawberry, watercress, and use
                                                              sites with directions for use in state and/or
                                                              Federal invasive mollusk eradication operations.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and address of record for 
the registrant of the product in Table 1 of this unit, in sequence by 
EPA company number. The company number corresponds to the first part of 
the EPA registration number of the product listed above.

                Table 3--Registrants of Amended Products
------------------------------------------------------------------------
           EPA company No.                 Company name and address
------------------------------------------------------------------------
6836................................  Lonza, Inc.
                                      90 Boroline Road
                                      Allendale, NJ 07401
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    A summary of the public comments in response to March 23, 2013 
notice and the Agency's responses to those comments are provided below.
    IR-4 Project Headquarters at Rutgers University (IR-4) requested 
that certain uses for which the registrant has

[[Page 40137]]

requested termination remain registered. IR-4 submitted a petition 
(PP2E8070) on July 30, 2012, in support of proposed tolerances 
for grass grown for seed, leaf petioles, peppermint, spearmint, 
wetland, Caneberry subgroup 13-07A, Bushberry subgroup 13-07B and Berry 
low growing subgroup 13-07G. IR-4 noted that, since the petition is 
currently under review by the Agency, it would be most efficient to 
maintain the registrations until the data have been evaluated. IR-4 
also noted that it is currently conducting residue studies in support 
of minor uses of metaldehyde on legume subgroups 6A, 6B, and 6C, 
ginseng, and Pacific Northwest only uses on wheat and root vegetables, 
in addition to completing a residue study supporting the use on clover 
grown for seed. IR-4 is requesting that these uses also be retained. 
Finally, IR-4 requests clarification on whether or not use is permitted 
on ornamentals in greenhouses, hoophouses, and other indoor production 
structures.
    Oregon State University commented that losing the use of 
metaldehyde on the crops included in the IR-4 petition and the ongoing 
residue studies would negatively impact slug and snail management in 
Oregon, and that growers would be likely to suffer significant economic 
losses if metaldehyde was no longer an option for control of these 
pests.
    Virginia Polytechnic Institute and State University, University of 
Delaware, and the Pennsylvania State University commented on the need 
for metaldehyde to control slugs in the Mid-Atlantic region, 
particularly on corn, soybean, canola, and other field crops. All three 
commenters indicated that while the increased adoption of no-till 
cultural practices has many advantages for the grower and the 
environment, reduced tillage can result in increased slug populations. 
Pest pressure may cause farmers to return to conventional tillage, with 
its potential for increased run-off into the Chesapeake Bay. 
Additionally, the use of the highly toxic carbamate insecticide 
methomyl as a control for slugs has been increasing in the Mid-Atlantic 
States since the pest was added via a FIFRA Section 2(ee) 
recommendation from the manufacturer. One commenter expressed the view 
that that recent studies show methomyl to be of limited efficacy.
    EPA response to all comments: Some of the uses the commenters have 
asked the Agency to retain have already been approved, including grass 
grown for seed, strawberries, blueberries, and caneberries and 
bushberries in the former commodity subgroups 13A and 13B, thus they 
need not be covered by this use termination order. The other uses that 
IR-4 and other commenters requested be retained have never been listed 
explicitly on the label for Registration Number 6836-107. That label 
was amended in 2012 to allow formulation only into products for use on 
sites determined to be eligible for reregistration and sites 
subsequently approved in registration or tolerance actions.
    The metaldehyde uses that would be terminated based on the 
registrant's request have not undergone complete human health and 
ecological risk assessments, either during the course of reregistration 
or subsequently through registration or tolerance actions. The IR-4 
program has developed or is developing residue data on some of the uses 
the commenters would like to have retained. The tolerance assessments 
for the uses of metaldehyde covered by the already submitted petition 
are scheduled to be complete in November 2013.
    The risk concerns cited in the metaldehyde Reregistration 
Eligibility Decision include risks to wildlife. Until both the human 
health and ecological risk assessments are conducted for any uses other 
than those covered in Table 1 in Unit II, decisions on the registration 
of metaldehyde for other uses, including acceptable use parameters and 
directions for use, cannot be made.
    The Agency acknowledges the particular role pesticides play in 
managing pest problems in no-till or reduced tillage farming, as well 
as the positive impact these farming systems can have on run-off and 
water quality. In order for the use of metaldehyde to be permitted in 
no-till/reduced tillage field crops, or any other use site mentioned by 
the commenters, a full Suite of data, covering both human health and 
ecological risk, must be submitted in support of an application to 
register that use. The decision to make such applications and to submit 
supporting data is typically made by the registrant, although other 
entities may take on those responsibilities. Thus the uses that the 
commenters would like to have retained could be approved in the future 
if the necessary steps to registration are undertaken.
    While we acknowledge the value of metaldehyde in controlling slugs 
and snails, particularly outside of conventional tillage, we are unable 
at this time to approve the uses the commenters would like to retain. 
For this reason, the Agency does not believe that the comments 
submitted during the comment period merit denial of the requests for 
voluntary use deletion.
    In response to the question about the use of metaldehyde on 
ornamentals, the Agency wishes to clarify that approved ornamental uses 
include ornamentals in greenhouses, hoophouses, and other indoor 
ornamentals production facilities, as well as outdoor plants.
    To address concerns about the efficacy of methomyl for slugs, the 
Agency has notified the methomyl registrant about the new efficacy data 
from Delaware and is reviewing the information internally.

IV. Order for the Amendment To Terminate Uses

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendment to terminate uses of the metaldehyde registration identified 
in Table 1 of Unit II. Accordingly, the Agency hereby orders that the 
product registration identified in Table 1 of Unit II. is amended to 
terminate the affected uses. The effective date of the amendments that 
is the subject of this notice is July 3, 2013. Any distribution, sale, 
or use of existing stocks of the products identified in Table 1 of Unit 
II. in a manner inconsistent with any of the provisions for disposition 
of existing stocks set forth in Unit VI. will be a violation of FIFRA.

V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide 
product may at any time request that any of its pesticide registrations 
be canceled or amended to terminate one or more uses. FIFRA further 
provides that, before acting on the request, EPA must publish a notice 
of receipt of any such request in the Federal Register. Thereafter, 
following the public comment period, the EPA Administrator may approve 
such a request. The notice of receipt for this action was published for 
comment on March 23, 2012 (77 FR 17052-17055) (FRL-9342-6). The comment 
period closed on September 19, 2012.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
which are currently in the United States and which were packaged, 
labeled, and released for shipment prior to the effective date of the 
action. The existing stocks provision for the products subject to this 
order is as follows.
    Registrants are permitted to sell or distribute products listed in 
Table 1 of Unit II. under the previously approved labeling until July 
3, 2014, a period of 12 months after publication of the cancellation 
order in this Federal

[[Page 40138]]

Register, unless other restrictions have been imposed. Thereafter, 
registrants will be prohibited from selling or distributing the 
products whose labels include the deleted uses identified in Table 1 of 
Unit II., except for export consistent with FIFRA section 17 or for 
proper disposal.
    Persons other than the registrant may sell, distribute, or use 
existing stocks of products whose labels include the deleted uses until 
supplies 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.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 21, 2013.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2013-16035 Filed 7-2-13; 8:45 am]
BILLING CODE 6560-50-P