[Federal Register Volume 75, Number 134 (Wednesday, July 14, 2010)]
[Notices]
[Pages 40824-40825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17155]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0191; FRL-8828-5]
Monosodium methanearsonate (MSMA); Cancellation Order for Certain
Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrants and accepted by the Agency, of
products containing the organic arsenical monosodium methanearsonate
(MSMA), pursuant to section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation
order follows an April 7, 2010 Federal Register Notice of Receipt of
Requests from the registrants listed in Table 2 of Unit II. to
voluntarily cancel these product registrations. These are not the last
products containing this pesticide registered for use in the United
States. In the April 7, 2010 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 registrants
withdrew their requests. The Agency did not receive any comments on the
notice. Further, the registrants did not withdraw their requests.
Accordingly, EPA hereby issues in this notice a cancellation order
granting the requested cancellations. 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.
[[Page 40825]]
DATES: The cancellations are effective July 14, 2010.
FOR FURTHER INFORMATION CONTACT: Tom Myers, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-8589; fax number: (703) 308-8005; 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-2009-0191 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 cancellations, 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.--MSMA Product Cancellations
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Registration Number Product Name Chemical Name
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42750-38 Weed Hoe 120 MSMA
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42750-39 Weed Hoe 108 MSMA
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61483-13 Daconate MSMA
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61483-14 Daconate 6 MSMA
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61483-15 Bueno-6 MSMA
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61483-17 Daconate Super MSMA
Brand
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61483-18 Bueno MSMA
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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 above.
Table 2.--Registrants of Cancelled Products
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EPA Company Number Company Name and Address
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042750 Albaugh Inc.
1525 NE 36th Street
Ankeny, IA 50021
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061483 KMG-Bernuth, Inc.
9555 W. Sam Houston Pkwy
South
Suite 600
Houston, TX 77099
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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 April 7, 2010 Federal Register notice (75 FR 17733;
FRL-8819-2)announcing the Agency's receipt of the requests for
voluntary cancellations of products listed in Table 1 of Unit II.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations of MSMA 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 canceled. 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 April 7, 2010 (75 FR 17733) (FRL-8819-2). The comment period
closed on May 7, 2010.
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.
1.After July 14, 2010, registrants are prohibited from selling or
distributing existing stocks of products listed in Table 1.
2. After December 31, 2010, persons other than registrants are
prohibited from selling or distributing existing stocks of products
listed in Table 1.
3. After December 31, 2010, existing stocks of products listed in
Table 1, already in the hands of users can be used legally until they
are exhausted, provided that such use complies with the EPA-approved
label and labeling of the affected product.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: July 6, 2010.
Richard P. Keigwin, Jr.,
Pesticide Re-evaluation Division, Office of Pesticide Programs.
[FR Doc. 2010-17155 Filed 7-13-10; 8:45 a.m.]
BILLING CODE 6560-50-S