Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses, 83833-83836 [2016-28096]

Download as PDF Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / 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: http://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: November 15, 2016. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2016–28078 Filed 11–21–16; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2016–0618; FRL–9954–80] Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: 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 cancel their registrations of certain products containing the active ingredients dimethomorph, metiram, profenofos, propoxur, and sodium acifluorfen and to amend certain captan and propoxur product registrations to terminate one or more uses. For captan, if granted, the requests would terminate the last U.S. registered use on dichondra, grasses (lawn seed beds), turf (golf courses and sod farms), and turf grasses (golf courses and ornamentals in non-pastured areas). For propoxur, if granted, the requests would terminate the last indoor use of aerosol, spray, and liquid formulations, and terminate the last uses in food handling establishments and for indoor crack and crevice. The requests, if granted, would not cancel the last captan, dimethomorph, propoxur, and sodium acifluorfen products registered for use in the United States. The requests, if granted, would cancel the last profenofos and metiram products sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:52 Nov 21, 2016 Jkt 241001 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 registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the affected registrations have been cancelled/use terminated 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 22, 2016. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2016–0618, by one of the following methods: • Federal eRulemaking Portal: http:// 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 http:// www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/ dockets. FOR FURTHER INFORMATION CONTACT: Brittany Pruitt, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 347–0289; email address: pruitt.brittany@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. PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 83833 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 preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/ comments.html. II. Background on the Receipt of Requests To Cancel and/or Amend Registrations To Terminate Certain Uses This notice announces receipt by EPA of requests from ABC Compounding Company, Inc.; Albaugh, LLC; Bonide Products, Inc.; BASF Corporation; Wellmark International; FMC Corporation; Summit Chemical Company; Sungro Products, LLC.; Syngenta Crop Protection; and Whitmore Micro-Gen to cancel certain product registrations or amend registrations to terminate certain uses of certain product registrations. Captan is a broad spectrum fungicide registered for use on fruit and nut trees, grapes, berries, vegetables, corn, soybeans, cereal grains, and forage crops. In addition, captan is registered for use as a seed and seed piece treatment, as a preplant root dip, and as a post-harvest fruit dip. Captan is also registered for use on ornamentals and turf. In a letter dated October 5, 2016, Albaugh requested that EPA amend the technical and product registrations listed in Table 2 of Unit III of this document to terminate certain uses, including turf. If granted, the requests will result in termination of the last U.S. registered use of captan on dichondra, grasses (lawn seed beds), turf (golf courses and sod farms), and turf grasses (golf courses and ornamentals in nonpastured areas). Dimethomorph is a systemic fungicide registered for use to control downy mildew, late blight, and crown E:\FR\FM\22NON1.SGM 22NON1 83834 Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Notices and root rot on plants. It is a cinnamic acid derivative and a member of the morpholine chemical family. Dimethomorph is used on numerous agricultural crops including leafy vegetables, bulb vegetables, fruiting vegetables, potatoes, tobacco, and tomatoes. In a letter dated March 8, 2016, BASF Corporation requested that EPA cancel five product registrations containing dimethomorph, identified in Table 1 of Unit III. If granted, this request will not result in cancellation of the last dimethomorph pesticide products registered for use in the United States. Metiram is a broad spectrum fungicide that belongs to the ethylene bisdithiocarbamate (EBDC) group of fungicides. Metiram is registered for use to control scab and rust diseases on apples, early and late blight diseases on potatoes, and anthracnose disease on leather leaf ferns. In letters dated September 28, 2016 and October 24, 2016, BASF Corporation requested that EPA cancel three metiram product registrations. These registrations are identified in Table 1 of Unit III. If granted, this request will result in the cancellation of the last metiram pesticide products registered for use in the United States. Profenofos is an organophosphate insecticide registered for use on cotton. The main target pests for profenofos are lepidopterans; however, other alternatives are available. In a letter dated September 28, 2016, Syngenta Corporation requested that EPA cancel two product registrations containing profenofos. These registrations are identified in Table 1 of Unit III. If granted, this request will result in cancellation of the last profenofos pesticide products registered for use in the United States. Propoxur is an insecticide registered for use to kill a variety of insects including crickets, ants, cockroaches, silverfish and other pests. It is registered for use in and around industrial, institutional, commercial, and residential facilities. The propoxur preliminary human health risk assessment (Propoxur: Human Health Preliminary Risk Assessment for Registration Review, May 22, 2015) identified dietary and residential postapplication risks of concern for indoor crack and crevice applications (liquid and aerosol formulations) in institutional settings (i.e., hospitals, dormitories) and in food handling establishments (FHE). The technical registrant, Wellmark International, voluntarily requested amendments to terminate these uses to mitigate the risks of concern. The technical registrations were amended and the uses were terminated effective September 22, 2015 (80 FR 57179; FRL–9933–58). Subsequently, in letters dated April 11, 2016, April 12, 2016, April 27, 2016, May 6, 2016, and July 22, 2016, ABC Compounding Company, Inc., Wellmark International, FMC Corporation, Summit Chemical Company, Sungro Products, LLC., and Whitmore MicroGen requested that EPA cancel certain propoxur registrations and/or amend to terminate certain uses of propoxur pesticide product registrations identified in Tables 1 and 2 of Unit III. Specifically, the registrants requested that the following uses and formulations be terminated: all indoor aerosol, spray, and liquid formulations of propoxur; use in food handling establishments; and indoor crack and crevice use. If granted, these requests will result in cancellation of and/or amendment to terminate these uses of propoxur pesticide products registered in the United States. FMC Corporation, an end-use propoxur registrant, requested voluntary cancellation of their end-use propoxur product registered for the terminated uses with an effective cancellation date of December 31, 2017. EPA anticipates granting an effective cancellation date of December 31, 2017 for the propoxur product registrations identified in Tables 1 of Unit III, which will allow the registrants to sell and distribute existing stocks of these products until December 31, 2017. Thereafter, registrants will be prohibited from selling or distributing the propoxur products identified in Table 1 of Unit III., except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Sodium acifluorfen is a selective, diphenyl ether herbicide and a light dependent peroxidizing herbicide (LDPH) registered for use for postemergent weed control on soybeans, peanuts, rice, and strawberries. In a letter dated February 26, 2016, Bonide Products Inc. requested that EPA cancel one product registration containing sodium acifluorfen identified in Table 1 of Unit III. If granted, this request will cancel the last sodium acifluorfen pesticide product registered for residential use in the United States. III. What action is the agency taking? This notice announces receipt by EPA of requests from registrants to cancel certain product registrations of dimethomorph, metiram, profenofos, propoxur, and sodium acifluorfen and to amend certain captan and propoxur product registrations to terminate one or more uses. The affected products and the registrants making the requests are identified in Tables 1–3 of this unit. Unless requests are withdrawn by the registrants or if the Agency determines that there are substantive comments that warrant further review of these requests, EPA intends to issue an order canceling the affected registrations and amending to terminate certain uses of the affected registrations for which the Agency received use termination requests. TABLE 1—DIMETHOMORPH, METIRAM, PROFENOFOS, PROPOXUR AND SODIUM ACIFLUORFEN PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION sradovich on DSK3GMQ082PROD with NOTICES Registration No. Product name 4–433 .............. 100–598 .......... 100–699 .......... 279–3395 ........ 241–383 .......... 241–395 .......... 241–410 .......... 241–411 .......... 241–419 .......... 3862–135 ........ 6218–24 .......... 7969–105 ........ 7969–321 ........ 11556–33 ........ Bonide Kleen up Grass and Weed Killer, Ready to Use ............................................ Profenofos Technical ................................................................................................... Curacron 8E ................................................................................................................ CB Invader with Propoxur ........................................................................................... Acrobat MZ Fungicide ................................................................................................. Acrobat MZ WDG Fungicide ....................................................................................... Acrobat 50 WP Fungicide ........................................................................................... Stature MZ Fungicide .................................................................................................. Stature DM Fungicide ................................................................................................. Drop Dead ................................................................................................................... Permacide Plus ........................................................................................................... Polyram 80 DF ............................................................................................................ Cabrio Plus Fungicide ................................................................................................. Sendran Technical ...................................................................................................... VerDate Sep<11>2014 16:52 Nov 21, 2016 Jkt 241001 PO 00000 Frm 00038 Fmt 4703 Company Sfmt 4703 Bonide Products Inc. Syngenta Crop Protection. Syngenta Crop Protection. FMC Corporation. BASF Corporation. BASF Corporation. BASF Corporation. BASF Corporation. BASF Corporation. ABC Compounding Company, Inc. Summit Chemical Company. BASF Corporation. BASF Corporation. Bayer Healthcare, LLC. E:\FR\FM\22NON1.SGM 22NON1 Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Notices 83835 TABLE 1—DIMETHOMORPH, METIRAM, PROFENOFOS, PROPOXUR AND SODIUM ACIFLUORFEN PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued Registration No. Product name 89459–39 ........ 89459–28 ........ FL980001 ........ Prentox Prenbay 1.5 BC ............................................................................................. Prentox Prenbay 1% Oil .............................................................................................. Polyram 80 DF ............................................................................................................ Company Central Garden & Pet Company. Central Garden & Pet Company BASF Corporation. TABLE 2—CAPTAN AND PROPOXUR PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT Registration No. Product name Company Uses to be terminated 42750–230 ....... Captan Technical ................... Albaugh LLC ........................... 42750–231 ....... Captan 80 DF ......................... Albaugh LLC ........................... 42750–235 ....... Captan 50% WP ..................... Albaugh LLC ........................... 42750–236 ....... Captan 39.75% FL ................. Albaugh LLC ........................... 84396–12 ......... Sungro Residual Spray .......... Sungro Products, LLC ............ Turf (golf courses and sod farms), seed beds and greenhouse bench treatment. Dichondra, turf grasses (golf courses, ornamental in nonpastured areas only), grasses (lawn seedbeds), turf (sod farms). Dichondra, turf grasses (ornamentals in non-pastured areas only), grasses (lawn seedbeds). Dichondra, turf grasses (ornamental in non-pastured areas only), grasses (lawn seed beds). Indoor aerosol, spray, and liquid formulations; use in food handling establishments and indoor crack and crevice use. Table 3 of this unit includes the names and addresses of record for the registrants of the products listed in Table 1 and Table 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 and Table 2 of this unit. TABLE 3—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION AND/OR AMENDMENTS EPA company No. 4 ........................................... 100 ....................................... 241 ....................................... 279 ....................................... 3862 ..................................... 6218 ..................................... 11556 ................................... 7696 ..................................... 42750 ................................... 84396 ................................... 89459 ................................... Company name and address Bonide Products, Inc., 6301 Sutliff Road, Oriskany, NY 13424. Syngenta Crop Protection, P.O. Box 18300, Greensboro, NC 27419. BASF Corporation, 29 Davis Drive, Research Triangle Park, NC 27709. FMC Corporation, 1735 Market Street, Philadelphia, PA 19103. ABC Compounding Company, Inc., P.O. Box 16247, Atlanta, GA 30321. Summit Chemical Company, 8322 Sharon Drive, Frederick, MD 21704. Bayer Healthcare, LLC., P.O. Box 390, Shawnee Mission, KS 66201. BASF Corporation, P.O. Box 13528, Research Triangle Park, NC. 27709. Albaugh LLC., P.O. Box 2127, Valdosta, GA 31604–2127. Sungro Products, LLC., 810 E. 18th Street, Los Angeles, CA 90021. Central Garden & Pet Company, 1501 E. Woodfield Road, Suite 200, West Schaumburg, IL 60173. sradovich on DSK3GMQ082PROD with NOTICES IV. What is the agency’s authority for taking this action? Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be cancelled 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 (7 U.S.C. 136d(f)(1)(B)) 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) (7 U.S.C. 136d(f)(1)(C)) VerDate Sep<11>2014 16:52 Nov 21, 2016 Jkt 241001 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 captan, dimethomorph, metiram, profenofos, propoxur and sodium acifluorfen registrants have requested that EPA waive the 180-day comment period. Accordingly, EPA will provide a 30-day comment period on the proposed requests. PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 V. Procedures for Withdrawal of Requests Registrants who choose to withdraw a request for product cancellation or use termination 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 E:\FR\FM\22NON1.SGM 22NON1 83836 Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Notices include the deleted uses identified in Table 2 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 the affected cancelled products 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 cancelled products. A. For Propoxur Products 279–3395, 3862–135, 6218–24, 11556–33, 89459– 39, 89459–28 Identified in Table 1 of Unit III FMC Corporation requested that the voluntary cancellation of propoxur begin on December 31, 2017. EPA anticipates allowing the registrants to sell and distribute existing stocks of these products until December 31, 2017, which will be the effective product cancellation date. Thereafter, registrants will be prohibited from selling or distributing the propoxur products identified in Table 1 of Unit III., except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Persons other than the registrant may sell, distribute, or use existing stocks of the affected cancelled products 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 cancelled products. sradovich on DSK3GMQ082PROD with NOTICES the action. If the requests for voluntary cancellation and amendments to terminate 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 cancellation of product registrations and for amendments to terminate uses, EPA proposes to include the following provisions for the treatment of any existing stocks of the products listed in Tables 1 and 2 of Unit III. Dated: November 14, 2016. Yu-Ting Guilaran, Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs. B. For All Other Products Identified in Table 1 of Unit III For the other voluntary product cancellations noted, registrants will be permitted to sell and distribute existing stocks of voluntarily cancelled products for 1 year after the effective date of the cancellation, which will be the date of publication of the cancellation order in the Federal Register. Thereafter, registrants will be prohibited from selling or distributing the products identified in Table 1 of Unit III., except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Once EPA has approved product labels reflecting the requested amendments to terminate uses, the registrant will be permitted to sell or distribute products under the previously approved 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, the registrant will be prohibited from selling or distributing the products whose labels VerDate Sep<11>2014 16:52 Nov 21, 2016 Jkt 241001 Authority: 7 U.S.C. 136 et seq. [FR Doc. 2016–28096 Filed 11–21–16; 8:45 am] BILLING CODE 6560–50–P EXPORT-IMPORT BANK [Public Notice EIB–2016–0004] Proposal To Adopt the 2010 Small Business Jobs Act Interim Rule as an Alternative Size Standard for Defining a Small Business for Export-Import Bank Programs Export-Import Bank of the United States. ACTION: Notice and request for comments. AGENCY: The Export-Import Bank of the United States (‘‘EXIM Bank’’) proposes to adopt the Interim Rule (as defined below) set forth in Section 1116 of the Small Business Jobs Act of 2010 (Pub. L. 111–240) (the ‘‘Jobs Act’’) as an alternative standard for defining a small business for all of its programs. The Jobs Act mandated that the U.S. Small Business Administration (‘‘SBA’’) use maximum tangible net worth and average net income as an alternative to the use of industry based size standards as follows: Not more than $15 million in tangible net worth and $5 million in average net income after Federal income taxes to define a small business concern (‘‘Interim Rule’’). The SBA currently uses the Interim Rule for its business loans under Section 7(a) of the Small Business Act (‘‘7(a) Loan Program’’) and development company loans under Title V of the Small Business Investment Act of 1958 (‘‘504 Loan Program’’, and together with the 7(a) Loan Program, the ‘‘SBA Loan Programs’’) to determine size eligibility for an applicant if such applicant does not meet the size standards that it has developed for individual industries as defined under the North American Industry Classification System (‘‘NAICS’’). If approved by the SBA’s Administrator, SUMMARY: PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 EXIM Bank will apply the Interim Rule as an alternative size standard in addition to using size standards established by SBA for individual industries to determine whether or not participants of EXIM programs can be categorized as small business concerns. DATES: Comments must be received on or before December 6, 2016 to be assured of consideration. ADDRESSES: Comments may be submitted through the Federal rulemaking portal at WWW.REGULATIONS.GOV. To submit a comment, enter EIB–2016–0004 under the heading ‘‘enter keyword or ID’’ and select ‘‘Search.’’ Follow the instructions provided at the Submit a Comment screen. Please include your name, company name (if any) and EIB–2016– 0004 on any attached document. Comments received will be made available to the public at WWW.REGULATIONS.GOV. PURPOSE AND USE: EXIM Bank proposes to align its size standards for determining a small business with SBA’s current standards for the SBA Loan Programs by adopting the Interim Rule, set forth in the Jobs Act. The Interim Rule would be used as an alternative size standard, in addition to and not a replacement of, SBA’s industry based size standards currently used for defining a ‘‘small business concern’’ for EXIM Bank’s programs and reporting obligations. The Interim Rule provides that an applicant for a SBA Loan Program may be eligible for such a loan if (i) the tangible net worth of the applicant is not more than $15,000,000; and (ii) the average net income after Federal income taxes (excluding any carry-over losses) of the applicant for the two full fiscal years before the date of the application is not more than $5,000,000. If the request to adopt the Interim Rule as an alternative size standard is approved by the SBA’s Administrator for EXIM Bank programs, any applicant for any EXIM Bank product would be screened to determine whether or not it is a small business concern as follows: (i) First by using the industry-based size standards and (ii) then by applying the Interim Rule, if such applicant does not qualify as a small business concern under the industry based- size standards. It is EXIM Bank’s belief and understanding that the approval for EXIM Bank to adopt the Interim Rule would align its small business size definitions with SBA’s current practices and bring consistency to the marketplace, would possibly increase the number of applicants qualifying as a small business concern for EXIM Bank’s E:\FR\FM\22NON1.SGM 22NON1

Agencies

[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Notices]
[Pages 83833-83836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28096]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0618; FRL-9954-80]


Notice of Receipt of Requests To Voluntarily Cancel Certain 
Pesticide Registrations and 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 registrants to voluntarily cancel their registrations of certain 
products containing the active ingredients dimethomorph, metiram, 
profenofos, propoxur, and sodium acifluorfen and to amend certain 
captan and propoxur product registrations to terminate one or more 
uses. For captan, if granted, the requests would terminate the last 
U.S. registered use on dichondra, grasses (lawn seed beds), turf (golf 
courses and sod farms), and turf grasses (golf courses and ornamentals 
in non-pastured areas). For propoxur, if granted, the requests would 
terminate the last indoor use of aerosol, spray, and liquid 
formulations, and terminate the last uses in food handling 
establishments and for indoor crack and crevice. The requests, if 
granted, would not cancel the last captan, dimethomorph, propoxur, and 
sodium acifluorfen products registered for use in the United States. 
The requests, if granted, would cancel the last profenofos and metiram 
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 registrants withdraw their requests. If these requests are granted, 
any sale, distribution, or use of products listed in this notice will 
be permitted after the affected registrations have been cancelled/use 
terminated 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 22, 2016.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2016-0618, by one of the following methods:
     Federal eRulemaking Portal: http://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 http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Brittany Pruitt, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (703) 347-0289; email 
address: pruitt.brittany@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 preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background on the Receipt of Requests To Cancel and/or Amend 
Registrations To Terminate Certain Uses

    This notice announces receipt by EPA of requests from ABC 
Compounding Company, Inc.; Albaugh, LLC; Bonide Products, Inc.; BASF 
Corporation; Wellmark International; FMC Corporation; Summit Chemical 
Company; Sungro Products, LLC.; Syngenta Crop Protection; and Whitmore 
Micro-Gen to cancel certain product registrations or amend 
registrations to terminate certain uses of certain product 
registrations.
    Captan is a broad spectrum fungicide registered for use on fruit 
and nut trees, grapes, berries, vegetables, corn, soybeans, cereal 
grains, and forage crops. In addition, captan is registered for use as 
a seed and seed piece treatment, as a preplant root dip, and as a post-
harvest fruit dip. Captan is also registered for use on ornamentals and 
turf. In a letter dated October 5, 2016, Albaugh requested that EPA 
amend the technical and product registrations listed in Table 2 of Unit 
III of this document to terminate certain uses, including turf. If 
granted, the requests will result in termination of the last U.S. 
registered use of captan on dichondra, grasses (lawn seed beds), turf 
(golf courses and sod farms), and turf grasses (golf courses and 
ornamentals in non-pastured areas).
    Dimethomorph is a systemic fungicide registered for use to control 
downy mildew, late blight, and crown

[[Page 83834]]

and root rot on plants. It is a cinnamic acid derivative and a member 
of the morpholine chemical family. Dimethomorph is used on numerous 
agricultural crops including leafy vegetables, bulb vegetables, 
fruiting vegetables, potatoes, tobacco, and tomatoes. In a letter dated 
March 8, 2016, BASF Corporation requested that EPA cancel five product 
registrations containing dimethomorph, identified in Table 1 of Unit 
III. If granted, this request will not result in cancellation of the 
last dimethomorph pesticide products registered for use in the United 
States.
    Metiram is a broad spectrum fungicide that belongs to the ethylene 
bisdithiocarbamate (EBDC) group of fungicides. Metiram is registered 
for use to control scab and rust diseases on apples, early and late 
blight diseases on potatoes, and anthracnose disease on leather leaf 
ferns. In letters dated September 28, 2016 and October 24, 2016, BASF 
Corporation requested that EPA cancel three metiram product 
registrations. These registrations are identified in Table 1 of Unit 
III. If granted, this request will result in the cancellation of the 
last metiram pesticide products registered for use in the United 
States.
    Profenofos is an organophosphate insecticide registered for use on 
cotton. The main target pests for profenofos are lepidopterans; 
however, other alternatives are available. In a letter dated September 
28, 2016, Syngenta Corporation requested that EPA cancel two product 
registrations containing profenofos. These registrations are identified 
in Table 1 of Unit III. If granted, this request will result in 
cancellation of the last profenofos pesticide products registered for 
use in the United States.
    Propoxur is an insecticide registered for use to kill a variety of 
insects including crickets, ants, cockroaches, silverfish and other 
pests. It is registered for use in and around industrial, 
institutional, commercial, and residential facilities. The propoxur 
preliminary human health risk assessment (Propoxur: Human Health 
Preliminary Risk Assessment for Registration Review, May 22, 2015) 
identified dietary and residential post-application risks of concern 
for indoor crack and crevice applications (liquid and aerosol 
formulations) in institutional settings (i.e., hospitals, dormitories) 
and in food handling establishments (FHE). The technical registrant, 
Wellmark International, voluntarily requested amendments to terminate 
these uses to mitigate the risks of concern. The technical 
registrations were amended and the uses were terminated effective 
September 22, 2015 (80 FR 57179; FRL-9933-58). Subsequently, in letters 
dated April 11, 2016, April 12, 2016, April 27, 2016, May 6, 2016, and 
July 22, 2016, ABC Compounding Company, Inc., Wellmark International, 
FMC Corporation, Summit Chemical Company, Sungro Products, LLC., and 
Whitmore Micro-Gen requested that EPA cancel certain propoxur 
registrations and/or amend to terminate certain uses of propoxur 
pesticide product registrations identified in Tables 1 and 2 of Unit 
III. Specifically, the registrants requested that the following uses 
and formulations be terminated: all indoor aerosol, spray, and liquid 
formulations of propoxur; use in food handling establishments; and 
indoor crack and crevice use. If granted, these requests will result in 
cancellation of and/or amendment to terminate these uses of propoxur 
pesticide products registered in the United States. FMC Corporation, an 
end-use propoxur registrant, requested voluntary cancellation of their 
end-use propoxur product registered for the terminated uses with an 
effective cancellation date of December 31, 2017. EPA anticipates 
granting an effective cancellation date of December 31, 2017 for the 
propoxur product registrations identified in Tables 1 of Unit III, 
which will allow the registrants to sell and distribute existing stocks 
of these products until December 31, 2017. Thereafter, registrants will 
be prohibited from selling or distributing the propoxur products 
identified in Table 1 of Unit III., except for export consistent with 
FIFRA section 17 (7 U.S.C. 136o) or for proper disposal.
    Sodium acifluorfen is a selective, diphenyl ether herbicide and a 
light dependent peroxidizing herbicide (LDPH) registered for use for 
post-emergent weed control on soybeans, peanuts, rice, and 
strawberries. In a letter dated February 26, 2016, Bonide Products Inc. 
requested that EPA cancel one product registration containing sodium 
acifluorfen identified in Table 1 of Unit III. If granted, this request 
will cancel the last sodium acifluorfen pesticide product registered 
for residential use in the United States.

III. What action is the agency taking?

    This notice announces receipt by EPA of requests from registrants 
to cancel certain product registrations of dimethomorph, metiram, 
profenofos, propoxur, and sodium acifluorfen and to amend certain 
captan and propoxur product registrations to terminate one or more 
uses. The affected products and the registrants making the requests are 
identified in Tables 1-3 of this unit.
    Unless requests are withdrawn by the registrants or if the Agency 
determines that there are substantive comments that warrant further 
review of these requests, EPA intends to issue an order canceling the 
affected registrations and amending to terminate certain uses of the 
affected registrations for which the Agency received use termination 
requests.

     Table 1--Dimethomorph, Metiram, Profenofos, Propoxur and Sodium
Acifluorfen Product Registrations With Pending Requests for Cancellation
------------------------------------------------------------------------
    Registration No.            Product name               Company
------------------------------------------------------------------------
4-433..................  Bonide Kleen up Grass and  Bonide Products Inc.
                          Weed Killer, Ready to
                          Use.
100-598................  Profenofos Technical.....  Syngenta Crop
                                                     Protection.
100-699................  Curacron 8E..............  Syngenta Crop
                                                     Protection.
279-3395...............  CB Invader with Propoxur.  FMC Corporation.
241-383................  Acrobat MZ Fungicide.....  BASF Corporation.
241-395................  Acrobat MZ WDG Fungicide.  BASF Corporation.
241-410................  Acrobat 50 WP Fungicide..  BASF Corporation.
241-411................  Stature MZ Fungicide.....  BASF Corporation.
241-419................  Stature DM Fungicide.....  BASF Corporation.
3862-135...............  Drop Dead................  ABC Compounding
                                                     Company, Inc.
6218-24................  Permacide Plus...........  Summit Chemical
                                                     Company.
7969-105...............  Polyram 80 DF............  BASF Corporation.
7969-321...............  Cabrio Plus Fungicide....  BASF Corporation.
11556-33...............  Sendran Technical........  Bayer Healthcare,
                                                     LLC.

[[Page 83835]]

 
89459-39...............  Prentox Prenbay 1.5 BC...  Central Garden & Pet
                                                     Company.
89459-28...............  Prentox Prenbay 1% Oil...  Central Garden & Pet
                                                     Company
FL980001...............  Polyram 80 DF............  BASF Corporation.
------------------------------------------------------------------------


             Table 2--Captan and Propoxur Product Registrations With Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
      Registration No.               Product name                 Company              Uses to be terminated
----------------------------------------------------------------------------------------------------------------
42750-230...................  Captan Technical.........  Albaugh LLC.............  Turf (golf courses and sod
                                                                                    farms), seed beds and
                                                                                    greenhouse bench treatment.
42750-231...................  Captan 80 DF.............  Albaugh LLC.............  Dichondra, turf grasses (golf
                                                                                    courses, ornamental in non-
                                                                                    pastured areas only),
                                                                                    grasses (lawn seedbeds),
                                                                                    turf (sod farms).
42750-235...................  Captan 50% WP............  Albaugh LLC.............  Dichondra, turf grasses
                                                                                    (ornamentals in non-pastured
                                                                                    areas only), grasses (lawn
                                                                                    seedbeds).
42750-236...................  Captan 39.75% FL.........  Albaugh LLC.............  Dichondra, turf grasses
                                                                                    (ornamental in non-pastured
                                                                                    areas only), grasses (lawn
                                                                                    seed beds).
84396-12....................  Sungro Residual Spray....  Sungro Products, LLC....  Indoor aerosol, spray, and
                                                                                    liquid formulations; use in
                                                                                    food handling establishments
                                                                                    and indoor crack and crevice
                                                                                    use.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for 
the registrants of the products listed in Table 1 and Table 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 and Table 2 of this unit.

Table 3--Registrants Requesting Voluntary Cancellation and/or Amendments
------------------------------------------------------------------------
       EPA company No.                  Company name and address
------------------------------------------------------------------------
4............................  Bonide Products, Inc., 6301 Sutliff Road,
                                Oriskany, NY 13424.
100..........................  Syngenta Crop Protection, P.O. Box 18300,
                                Greensboro, NC 27419.
241..........................  BASF Corporation, 29 Davis Drive,
                                Research Triangle Park, NC 27709.
279..........................  FMC Corporation, 1735 Market Street,
                                Philadelphia, PA 19103.
3862.........................  ABC Compounding Company, Inc., P.O. Box
                                16247, Atlanta, GA 30321.
6218.........................  Summit Chemical Company, 8322 Sharon
                                Drive, Frederick, MD 21704.
11556........................  Bayer Healthcare, LLC., P.O. Box 390,
                                Shawnee Mission, KS 66201.
7696.........................  BASF Corporation, P.O. Box 13528,
                                Research Triangle Park, NC. 27709.
42750........................  Albaugh LLC., P.O. Box 2127, Valdosta, GA
                                31604-2127.
84396........................  Sungro Products, LLC., 810 E. 18th
                                Street, Los Angeles, CA 90021.
89459........................  Central Garden & Pet Company, 1501 E.
                                Woodfield Road, Suite 200,
                               West Schaumburg, IL 60173.
------------------------------------------------------------------------

IV. What is the agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a 
registrant of a pesticide product may at any time request that any of 
its pesticide registrations be cancelled 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 (7 U.S.C. 136d(f)(1)(B)) 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) 
(7 U.S.C. 136d(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 captan, dimethomorph, metiram, profenofos, propoxur and sodium 
acifluorfen 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 termination 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

[[Page 83836]]

the action. If the requests for voluntary cancellation and amendments 
to terminate 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 cancellation 
of product registrations and for amendments to terminate uses, EPA 
proposes to include the following provisions for the treatment of any 
existing stocks of the products listed in Tables 1 and 2 of Unit III.

A. For Propoxur Products 279-3395, 3862-135, 6218-24, 11556-33, 89459-
39, 89459-28 Identified in Table 1 of Unit III

    FMC Corporation requested that the voluntary cancellation of 
propoxur begin on December 31, 2017. EPA anticipates allowing the 
registrants to sell and distribute existing stocks of these products 
until December 31, 2017, which will be the effective product 
cancellation date. Thereafter, registrants will be prohibited from 
selling or distributing the propoxur products identified in Table 1 of 
Unit III., except for export consistent with FIFRA section 17 (7 U.S.C. 
136o) or for proper disposal.
    Persons other than the registrant may sell, distribute, or use 
existing stocks of the affected cancelled products 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 cancelled products.

B. For All Other Products Identified in Table 1 of Unit III

    For the other voluntary product cancellations noted, registrants 
will be permitted to sell and distribute existing stocks of voluntarily 
cancelled products for 1 year after the effective date of the 
cancellation, which will be the date of publication of the cancellation 
order in the Federal Register. Thereafter, registrants will be 
prohibited from selling or distributing the products identified in 
Table 1 of Unit III., except for export consistent with FIFRA section 
17 (7 U.S.C. 136o) or for proper disposal.
    Once EPA has approved product labels reflecting the requested 
amendments to terminate uses, the registrant will be permitted to sell 
or distribute products under the previously approved 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, the registrant will be prohibited from selling or 
distributing the products whose labels include the deleted uses 
identified in Table 2 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 the affected cancelled products 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 cancelled products.

    Authority: 7 U.S.C. 136 et seq.

    Dated: November 14, 2016.
Yu-Ting Guilaran,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2016-28096 Filed 11-21-16; 8:45 am]
 BILLING CODE 6560-50-P