Methiocarb, Lambda-Cyhalothrin, Permethrin and Prodiamine; Notice of Receipt of Requests To Voluntarily Cancel and Amend Registration(s) To Terminate Certain Uses, 71609-71611 [2013-28675]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Notices]
[Pages 71609-71611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28675]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-1017; FRL-9902-77]


Methiocarb, Lambda-Cyhalothrin, Permethrin and Prodiamine; Notice 
of Receipt of Requests To Voluntarily Cancel and Amend Registration(s) 
To Terminate Certain Uses

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 the registrants to voluntarily amend their Methiocarb, Lambda-
Cyhalothrin, Permethrin and Prodiamine product registrations to delete 
one or more uses. EPA intends to grant these requests at the close of 
the comment period for this announcement unless the Agency receives 
substantive comments within the comment period that would merit its 
further review of the requests, or unless the registrants withdraw its 
requests. If these requests are granted, any sale, distribution, or use 
of products listed in this notice will be permitted after the use has 
been 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 December 30, 2013.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2009-1017, 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.
     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: 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.

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. 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. Background on the Receipt of Requests To Cancel and/or Amend 
Registrations To Delete Uses

    This notice announces receipt by EPA of requests from registrants 
Wagner Regulatory Associates, Inc., on behalf of Willowood Lambda 
Cyhalothrin LLC, Gowan Company, Farnam Companies, Inc., Pyxis 
Regulatory Consulting, Inc. on behalf of Alligare, LLC. and Makhteshim 
Agan of North America, Inc. (MANA) to delete certain uses of 
Methiocarb, Lambda-Cyhalothrin, Permethrin and Prodiamine product 
registrations. In letters dated September 10, 2013, September 27, 2013, 
September 20, 2013, October 28, 2013 and October 31, 2013 the Gowan 
Company, Wagner Regulatory Associates, Inc., Farnam Companies, Inc., 
Pyxis Regulatory Consulting, Inc. and MANA requested EPA to cancel 
certain uses of pesticide product registrations identified in Tables 1 
and 2 of Unit II., respectively. Specifically, Gowan Company 
voluntarily requested the removal/deletion of domestic outdoor uses and 
nonresidential turf uses from the Methiocarb technical label. The 
registrant also requested a 30-day comment period, and waived the 180-
day comment period. Wagner Regulatory Associates, Inc. voluntarily 
requested the cancellation of indoor and outdoor residential uses from 
the Willowood Lambda-Cyhalothrin technical label. The registrant 
requested a 30-day comment period, and waived the 180-day comment 
period. Farnam Companies, Inc. voluntarily requested the cancellation 
of dog use from the Permethrin Farnam Purge Plus Insecticide label. The 
registrant requested a 30-day comment period, and waived the 180-day 
comment period. Pyxis Regulatory Consulting, Inc. voluntarily requested 
the use deletion of weed control of drainage ditches in California and 
Arizona from the Alligare Prodiamine 4L and 65 WG Herbicide labels. The 
registrant requested a 30-day comment period, and waived the 180-day 
comment period. MANA voluntarily requested the termination of the 
drainage ditch uses

[[Page 71610]]

from the Prodiamine 65WG label. The registrant requested a 30-day 
comment period, and waived the 180-day comment period. The requests 
would not terminate the last Methiocarb, Lambda-Cyhalothrin, Permethrin 
or Prodiamine products registered for use in the United States, or the 
last Methiocarb, Lambda-Cyhalothrin, Permethrin or Prodiamine pesticide 
products registered in the United States for these uses.

III. What action is the Agency taking?

    This notice announces receipt by EPA of requests from registrants 
to delete certain uses of Methiocarb, Lambda-Cyhalothrin, Permethrin 
and Prodiamine product registrations. The request would delete: 
Methiocarb domestic outdoor uses and nonresidential turf uses from the 
Methiocarb technical label (EPA Reg. No. 10163-230); Lambda-Cyhalothrin 
indoor and outdoor residential use from the Willowood Lambda-
Cyhalothrin technical label (EPA Reg. No. 88541-1); Permethrin use on 
dogs from the label of Farnam Purge Pesticide (EPA Reg. No. 270-279); 
Prodiamine use for weed control of drainage ditches in California and 
Arizona from label (EPA Reg. Nos. 81927-49 and 81927-36); and 
Prodiamine drainage ditch uses from label (EPA Reg. No. 66222-89). The 
affected products and the registrants making the requests are 
identified in Tables 1 and 2 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
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           Registration No.                  Product name               Company             Uses to be deleted
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000270-00279.........................  Farnam Purge Plus        Farnam Companies, Inc..  Use on dogs.
                                        Insecticide.
010163-00230.........................  Mesurol Technical        Gowan Company..........  Domestic outdoor and
                                        Insecticide.                                      nonresidential turf
                                                                                          uses.
066222-00089.........................  Prodiamine 65 WG         Makhteshim Agan of       Drainage ditch uses.
                                        Herbicide.               North America, Inc.
081927-00036.........................  Alligare Prodiamine 65   Alligare, LLC..........  Weed control of
                                        WG Herbicide.                                     drainage ditches in CA
                                                                                          and AZ.
081927-00049.........................  Alligare Prodiamine 4L.  Alligare, LLC..........  Weed control of
                                                                                          drainage ditches in CA
                                                                                          and AZ.
088541-00001.........................  Willowood Lambda-        Willowood Lambda         Indoor and outdoor
                                        Cyhalothrin Technical.   Cyhalothrin, LLC.        residential use.
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    Table 2 of this unit includes the names and addresses of record for 
the registrants of the products listed in Table 1 of this unit, in 
sequence by EPA company number. This number corresponds to the first 
part of the EPA registration numbers of the products listed in Table 1 
of this unit.

Table 2--Registrants Requesting Voluntary Cancellation and/or Amendments
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        EPA company number                Company name and address
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270..............................  Farnam Companies, Inc., 301 West
                                    Osborn Road, Phoenix, AZ 85013.
10163............................  Gowan Company, P.O. Box 5569, Yuma,
                                    AZ 85366.
66222............................  Makhteshim Agan of North America,
                                    Inc., 3120 Highwoods Blvd., Suite
                                    100, Raleigh, NC 27604.
81927............................  Alligare, LLC, Agent: Pyxis
                                    Regulatory Consulting, Inc., 4110
                                    136th St. NW., Gig Harbor, WA 98332.
88541............................  Willowood Lambda Cyhalothrin, LLC,
                                    Agent: Wagner Regulatory Associates,
                                    P.O. box 640, Hockessin, DE 19707-
                                    0640.
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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 Methiocarb, Lambda-Cyhalothrin, Permethrin and Prodiamine 
product registrants have requested that EPA waive the 180-day comment 
period. Accordingly, EPA will provide a 30-day comment period on the 
proposed 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. If the 
products(s) 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.
    Once EPA has approved product labels reflecting the requested 
amendments to delete uses, registrants will be permitted to sell or 
distribute products under the previously approved

[[Page 71611]]

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.
    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: November 13, 2013.
Michael Goodis,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2013-28675 Filed 11-27-13; 8:45 am]
BILLING CODE 6560-50-P