[Federal Register: March 25, 2009 (Volume 74, Number 56)]
[Notices]
[Page 12851-12852]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr09-94]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0893; FRL-8404-3]
Fomesafen; Product Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's order for the cancellation,
voluntarily requested by the registrant and accepted by the Agency, of
products containing the pesticide fomesafen, pursuant to section
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended. This cancellation order follows a December 31,
2008 Federal Register Notice of Receipt of Request from the fomesafen
registrant to voluntarily cancel all their fomesafen product
registrations. Fomesafen is a pre-plant, pre-emergence and post-
emergence herbicide used on soybeans, snap beans, dry beans, and
cotton. It is also registered for use on agricultural fallow/idleland,
nonagricultural uncultivated areas/soils, pine (forest/shelterbelt) and
pine (seed orchard). These are not the last fomesafen products
registered for use in the United States. In the December 31, 2008
Notice, EPA indicated that it would issue an order implementing the
cancellations, unless the Agency received substantive comments within
the 30-day comment period that would merit its further review of these
requests, or unless the registrant withdrew their request within this
period. The Agency did not receive any comments on the notice. Further,
the registrant did not withdraw their request. Accordingly, EPA hereby
issues in this notice a cancellation order granting the requested
cancellations. Any distribution, sale, or use of the fomesafen products
subject to this cancellation order is permitted only in accordance with
the terms of this order, including any existing stocks provisions.
DATES: The cancellations are effective March 25, 2009.
FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review
and Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8025; fax
number: (703) 308-8005; e-mail address: livingston.wilhelmena@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. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2008-0893. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.
II. What Action is the Agency Taking?
This notice announces the cancellation, as requested by the
registrant, of products registered under section 3 of FIFRA. These
registrations are listed in sequence by registration number in Table 1
of this unit.
Table 1.--Fomesafen Product Cancellations
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EPA Registration Number Product Name
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7969-82 BAS 530 04 H Herbicide
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7969-83 FASTER\TM\ Herbicide
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Table 2 of this unit includes the name and address of record for
the registrant of the products in Table 1 of this unit, in sequence by
EPA company number.
[[Page 12852]]
Table 2.--Registrant of Canceled And/or Amended Fomesafen Products
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EPA Company Number Company Name and Address
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7969 BASF, 26 Davis Drive,
Triangle Park, North
Carolina 27709-3528
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III. Summary of Public Comments Received and Agency Response to
Comments
During the public comment period provided, EPA received no comments
in response to the December 31, 2008 Federal Register (73 FR 80390;
FRL-8395-3) notice announcing the Agency's receipt of the request for
voluntary cancellations of fomesafen.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellation of fomesafen registrations identified in Table 1 of Unit
II. Accordingly, the Agency orders that the fomesafen product
registrations identified in Table 1 of Unit II are hereby canceled. Any
distribution, sale, or use of existing stocks of the products
identified in Table 1 of Unit II in a manner inconsistent with any of
the Provisions for Disposition of Existing Stocks set forth in Unit VI.
will be considered a violation of FIFRA.
V. What is the Agency's Authority for Taking this Action?
Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The cancellation order issued in this notice
includes the following existing stocks provisions.
Registrants may sell and distribute existing stocks for 1-year from
the date of the cancellation request. The products may be sold,
distributed, and used by people other than the registrant until
existing stocks have been exhausted, provided that such sale,
distribution, and use complies with the EPA-approved label and labeling
of the product.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: February 25, 2009.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E9-6260 Filed 3-24-09; 8:45 am]
BILLING CODE 6560-50-S