[Federal Register Volume 75, Number 134 (Wednesday, July 14, 2010)]
[Notices]
[Pages 40823-40824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17015]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0494; FRL-8827-9]
Rotenone; Cancellation Order for Amendments to Terminate Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's order for amendments to terminate
uses, voluntarily requested by the registrants and accepted by the
Agency, of products containing rotenone, pursuant to section 6(f)(1) of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. This cancellation order follows a June 7, 2006 Federal
Register Notice of Receipt of Requests from the registrants listed in
Table 2 of Unit II. to voluntarily amend to terminate uses of these
product registrations. These are not the last products containing this
pesticide registered for use in the United States. In the June 7, 2006
notice, EPA indicated that it would issue an order implementing the
amendments to terminate uses, unless the Agency received substantive
comments within the 30 day comment period that would merit its further
review of these requests, or unless the registrants withdrew their
requests. The Agency received one comment on the notice but it did not
merit further review of the requests. Further, the registrants did not
withdraw their requests. Accordingly, EPA hereby issues in this notice
a cancellation order granting the requested amendments to terminate
uses. Any distribution, sale, or use of the products subject to this
cancellation order is permitted only in accordance with the terms of
this order, including any existing stocks provisions.
DATES: The amendments are effective July 14, 2010.
FOR FURTHER INFORMATION CONTACT: Katie Weyrauch, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0166; fax
number: (703) 308-8090; e-mail address: [email protected].
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?
EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2005-0494. 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.
II. What Action is the Agency Taking?
This notice announces the amendments to delete uses, as requested
by registrants, 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. - Rotenone Product Registration Amendments to Delete Uses
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EPA Registration Number Product Name Uses Deleted
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655-3 Prentox Cube Livestock,
Powder agriculture,
residential and
home owner,
domestic pet
uses, and all
other uses EXCEPT
for piscicide
uses
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655-69 Prentox Cube Do.
Resins
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655-422 Prentox Prenfish Do.
Toxicant
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655-691 Prentox Rotenone Do.
Fish Toxicant
Powder
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655-805 Noxfish Fish Do.
Toxicant Liquid-
Emulsifiable
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655-806 Cube Powder Fish Do.
Toxicant
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655-807 Powdered Cube Root Do.
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655-808 Brittle Extract of Do.
Cube Root
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6458-1 Cube Root Powder Do.
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[[Page 40824]]
6458-5 Rotenone Resin for Do.
Manufacturing Use
Only
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6458-6 Cube Powder Do.
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82397-1 Chem Fish Regular Do.
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82397-2 Chem Fish Do.
Synergized
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82397-3 Powdered Cube Root Do.
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82397-4 Chem-Sect Brand Do.
Rotenone Resins
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82397-5 Cube Powder Fish Do.
Toxicant
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Table 2 of this unit includes the names and addresses of record for
all registrants of the products 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.
Table 2. - Registrants of Amended Products
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EPA Company Number Company Name and Address
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655 Prentiss, Inc., 3600 Mansell
Road, Suite 350,
Alpharetta, GA 30022
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6458 Foreign Domestic Chemicals
Corp., 3 Post Road,
Oakland, NJ 07436
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82397 Tifa International, LLC, 50
Division Avenue,
Millington, NJ 07946
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III. Summary of Public Comments Received and Agency Response to
Comments
One comment was received during the 30-day public comment period.
The commenter expressed her opinion that no living thing should be
exposed to rotenone products. The commenter did not, however, provide
any information or reason to not grant the request to terminate certain
uses. Therefore, the Agency does not believe that the comment submitted
during the comment period merits further review or a denial of the
requests for voluntary use deletion.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
amendments to terminate uses of rotenone registrations identified in
Table 1 of Unit II. Accordingly, the Agency hereby orders that the
product registrations identified in Table 1 of Unit II. are amended to
terminate the affected uses. The effective date of the cancellations
that are subject of this notice is July 14, 2010. 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 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 EPA Administrator may approve
such a request. The notice of receipt for this action was published for
comment on June 7, 2006 (71 FR 32948) (FRL-8071-1). The comment period
closed on July 7, 2006.
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
action. The existing stocks provision for the products subject to this
order is as follows.
For all products listed in Table 1 of Unit II, there is no
provision for existing stocks of products with labels that include the
deleted uses in the hands of technical registrants or any formulation
of these products as of July 14, 2010. Thereafter, the registrants are
prohibited from selling or distributing products listed in Table 1 of
Unit II, except for export in accordance with FIFRA section 17 or for
proper disposal.
Persons other than the registrant may not formulate but may sell,
distribute, or use existing stocks of products whose labels include the
deleted uses for July 14, 2011, provided that such sale, distribution,
or use is consistent with the terms of the previously approved labeling
that included the deleted uses.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: July 1, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-17015 Filed 7-13-10; 8:45 am]
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