Pentachloronitrobenzene (PCNB); Notice of Receipt of Requests To Voluntarily Amend Registrations To Terminate Certain Uses, 32730-32732 [2014-13232]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Notices]
[Pages 32730-32732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13232]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0202; FRL-9911-37]


Pentachloronitrobenzene (PCNB); Notice of Receipt of Requests To 
Voluntarily Amend Registrations To Terminate Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests 
by the registrant to voluntarily amend PCNB registrations for one 
manufacturing-use product and two end-use products to terminate or 
delete a number of uses. The requests would delete the use of Technical 
Grade PCNB (EPA Registration 5481-197) for formulation into 
products for use as seed treatments (except for the treatment of cloves 
of garlic) and products for use on certain non-residential terrestrial 
non-food crops. The requests also would terminate the use of the PCNB 
product with EPA Registration 5481-8988 on bedding plants, 
flowering plants, foliage plants, and bulb crops, and the use of the 
PCNB product with EPA Registration 5481-8992 on bedding 
plants, flowering plants, foliage plants, azaleas, camellias, gladiolus 
(broadcast), and cut flowers. These use deletion requests are detailed 
in Table 1 in Unit III. The requests would not terminate the last PCNB 
products registered for use in the United States. EPA intends to grant 
these requests at the close of the comment period for this announcement 
unless the Agency receives substantive comments within the comment 
period that would merit its further review of the requests, or unless 
the registrant withdraws its request(s). If these requests are granted, 
any sale, distribution, or use of products listed in this notice will 
be permitted after the uses are deleted only if such sale, 
distribution, or use is consistent with the terms as described in the 
final order.

DATES: Comments must be received on or before July 7, 2014.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2004-0202, 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: 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) 308-7070; 
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. 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.

[[Page 32731]]

II. Background on the Receipt of Requests To Amend Registrations To 
Delete Uses

    This notice announces receipt by EPA of requests from the 
registrant Amvac to delete certain uses of PCNB product registrations. 
PCNB is a fungicide used to control diseases of turf, ornamentals, cole 
crops, potatoes, cotton, and other agricultural and horticultural 
crops. In letters dated November 21, 2011, and August 24, 2012, and as 
clarified in later discussions, Amvac requested that EPA delete certain 
uses of the pesticide product registrations identified in Table 1 of 
Unit III. Specifically, Amvac requested that the Agency amend the 
technical product registration to delete the use as a seed treatment 
(except for the treatment of cloves of garlic), as well as the uses on 
a number of non-residential terrestrial non-food crops. Amvac 
additionally requested use deletions for two end-use PCNB products as 
shown in Table 1 of Unit III of this Notice. Amvac is requesting these 
use terminations pursuant to requests by EPA after the Agency's review 
of AMVAC's revised Confidential Statement of Formula (CSF) for the 
technical grade material. These use deletions, along with new 
directions for use for the remaining uses, will reduce worker exposures 
to impurities of toxicological significance found in this pesticide. 
The requests will not terminate the last PCNB products registered in 
the United States.

III. What action is the agency taking?

    This notice announces receipt by EPA of requests from a registrant 
to delete certain uses of certain PCNB product registrations. The 
affected products and the registrant 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--PCNB Product Registrations With Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
          Registration No.                Product name               Company              Uses to be deleted
----------------------------------------------------------------------------------------------------------------
5481-197...........................  Technical Grade PCNB..  Amvac.................  African violet; azaleas;
                                                                                      bedding plants; begonias;
                                                                                      calendula; camellia;
                                                                                      carnation; chrysanthemum;
                                                                                      larkspur; ornamental
                                                                                      flowering plants;
                                                                                      poinsettia; roses;
                                                                                      snapdragon; and sweet
                                                                                      peas.
                                                                                     Seed treatments on barley,
                                                                                      beans, corn, cotton (acid-
                                                                                      delinted, fuzzy, reginned,
                                                                                      or mechanically-delinted
                                                                                      seed), oats, peanuts,
                                                                                      peas, rice, safflower,
                                                                                      sorghum, soybeans, sugar
                                                                                      beets, and wheat.
5481-8988..........................  Turfcide 10% Granular.  Amvac.................  Bedding plants, flowering
                                                                                      plants, foliage plants,
                                                                                      and bulb crops.
5481-8992..........................  Turfcide 4F...........  Amvac.................  Bedding plants, flowering
                                                                                      plants, foliage plants,
                                                                                      azaleas, camellias,
                                                                                      gladiolus (broadcast), and
                                                                                      cut flowers.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrant of the products listed in Table 1 of this unit. The 
company number corresponds to the first part of the EPA registration 
numbers of the products listed in Table of this unit.

Table 2--Registrants Requesting Voluntary Cancellation and/or Amendments
------------------------------------------------------------------------
              EPA Company No.                 Company name and address
------------------------------------------------------------------------
5481......................................  Amvac Chemical Corporation,
                                             4695 MacArthur Ct., Suite
                                             1200, Newport Beach, CA
                                             92660
------------------------------------------------------------------------

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 PCNB registrant has 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 to delete uses are granted, the Agency intends 
to publish the use deletion order in the Federal Register.
    In any order issued in response to these requests 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 announced the order to delete the subject uses from 
these registrations, the registrant will not be permitted to sell or 
distribute products under the previously approved labeling (that is, 
product bearing labeling that includes the use sites for which the 
registrant has requested cancellation), except for export consistent 
with FIFRA section 17 or for proper disposal.

[[Page 32732]]

    The registrant will be permitted to relabel the products listed in 
Table 1 of Unit III to conform with the requested use deletions as long 
as the registrant has verified that the products have been formulated 
from Technical PCNB that complies with the certified limits as amended 
on November 23, 2011 and June 13, 2012, and the registrant retains 
records demonstrating such compliance.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 22, 2014.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2014-13232 Filed 6-5-14; 8:45 am]
BILLING CODE 6560-50-P