Notice of Receipt of a Request To Voluntarily Cancel Certain Pesticide Registrations, 34744-34746 [2014-14250]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 117 (Wednesday, June 18, 2014)]
[Notices]
[Pages 34744-34746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14250]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2013-0049; FRL-9912-14]


Notice of Receipt of a Request To Voluntarily Cancel Certain 
Pesticide Registrations

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 a 
request by a registrant to voluntarily cancel certain pesticide 
registrations. EPA intends to issue a cancellation order granting this 
request at the close of the comment period for this announcement. If 
this request is granted, any sale, distribution, or use of products 
listed in this notice will be permitted after the registrations have 
been cancelled only if such sale, distribution, or use is consistent 
with the terms as described in the cancellation order.

DATES: Comments must be received on or before July 18, 2014.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2013-0049, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
    Submit written withdrawal request by mail to: Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001. ATTN: Rusty Wasem.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at https://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that

[[Page 34745]]

is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. What action is the Agency taking?

    This notice announces receipt by the Agency of a request from 
Reckitt Benckiser LLC (Reckitt) to cancel 12 pesticide products 
registered under FIFRA section 3. These registrations are listed in 
sequence by registration number in Table 1 of this unit. The request 
for voluntary cancellation was conditioned on January 1, 2015 being the 
earliest effective date of cancellation, the Agency allowing certain 
sale and distribution of existing stocks of canceled product, and the 
Agency approving an alternative inert ingredient in the products prior 
to cancellation. EPA agreed to these conditions contingent upon:
    1. Reckitt limiting further production of the 12 pesticide 
products, in the period prior to the effective date of cancellation, to 
filling orders from existing customers in accordance with shelf-set 
agreements and other contracts already in effect as of May 29, 2014;
    2. Quantity limits on Reckitt's production of the 12 pesticide 
products; and
    3. Reckitt submitting periodic reports on its production, sales and 
inventory of the 12 pesticide products.
    At the end of the 30-day comment period, EPA intends to issue an 
order in the Federal Register canceling all of the affected 
registrations in a manner consistent with the conditional nature of the 
request for cancellation. Reckitt will be permitted to sell and 
distribute existing stocks to its existing customers until March 31, 
2015. During this time period, Reckitt will also be permitted to ship 
product for the purpose of returning material back to Reckitt or for 
the purpose of disposal. Reckitt will be permitted to sell and 
distribute existing stocks after March 31, 2015 only for the limited 
purposes of returning material back to Reckitt or for disposal. The 
sale and distribution of existing stocks by persons other than Reckitt 
(e.g., distributors, retailers) will be permitted until such stocks are 
exhausted. Users will be allowed to use existing stocks until such 
stocks are exhausted, provided that such use is consistent with the 
terms of the previously approved labeling on, or that accompanied, the 
canceled product.

                          Table 1--Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
           Registration No.                           Product name                         Chemical name
----------------------------------------------------------------------------------------------------------------
3282-3................................  D-Con Concentrate Kills Rats & Mice.....  Warfarin.
3282-4................................  D-Con Ready Mixed Kills Rats & Mice.....  Warfarin.
3282-9................................  D-Con Mouse Prufe Kills Mice............  Warfarin.
3282-15...............................  D-Con Pellets Kills Rats & Mice.........  Warfarin.
3282-65...............................  D-Con Mouse Prufe II....................  Brodifacoum.
3282-66...............................  D-Con Pellets Generation II.............  Brodifacoum.
3282-74...............................  D-Con Bait Pellets II...................  Brodifacoum.
3282-81...............................  D-Con Ready Mixed Generation II.........  Brodifacoum.
3282-85...............................  D-Con Mouse-Prufe III...................  Difethialone.
3282-86...............................  D-Con Bait Pellets III..................  Difethialone.
3282-87...............................  D-Con II Ready Mix Baitbits III.........  Difethialone.
3282-88...............................  D-Con Bait Packs III....................  Difethialone.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the address of Reckitt.

          Table 2--Registrant Requesting Voluntary Cancellation
------------------------------------------------------------------------
          EPA company No.                 Company name and  address
------------------------------------------------------------------------
3282..............................  Reckitt Benckiser LLC,
                                    399 Interpace Parkway,
                                    Parsippany, NJ 07054.
------------------------------------------------------------------------

III. 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. 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 products listed in Table 1 of Unit II. do not represent minor 
agricultural uses. Therefore, the requests are not eligible for a 180-
day comment period.

[[Page 34746]]

Accordingly, EPA will provide a 30-day comment period on the requests.

IV. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of canceled pesticide products 
that are in the United States and that were appropriately packaged, 
labeled, and released for shipment prior to the effective date of 
cancellation of the underlying registration. It is EPA's intention to 
issue a cancellation order treating existing stocks after cancellation 
of the registrations identified in Table 1 of Unit II. as follows:
    1. Cancellation of the registrations will not become effective 
before January 1, 2015.
    2. Reckitt will be permitted to sell and distribute existing stocks 
to its existing customers until March 31, 2015. During this time 
period, Reckitt will also be permitted to ship product for the purpose 
of returning material back to Reckitt or for the purpose of disposal.
    3. Reckitt will be permitted to sell and distribute existing stocks 
after March 31, 2015 only for the limited purposes of returning 
material back to Reckitt or for disposal.
    4. The sale and distribution of existing stocks by persons other 
than Reckitt (e.g., distributors, retailers) will be permitted until 
such stocks are exhausted. Users will be allowed to use existing stocks 
until such stocks are exhausted, provided that such use is consistent 
with the terms of the previously approved labeling on, or that 
accompanied, the canceled product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 11, 2014.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2014-14250 Filed 6-17-14; 8:45 am]
BILLING CODE 6560-50-P