[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51053-51055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20010]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-1195; FRL-8840-3]
Propetamphos; Notice of Receipt of Requests to Voluntarily Cancel
Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of requests by the registrant, Wellmark
International, to voluntarily cancel its registrations of products
containing the pesticide propetamphos. The requests would terminate the
last propetamphos 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 registrant withdraws its requests. If these
requests are granted, any sale, distribution, or use of products listed
in this notice will be permitted after the registrations have been
canceled 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 September 17, 2010.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-1195, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-1195. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise
[[Page 51054]]
protected through regulations.gov or e-mail. The regulations.gov
website is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an e-mail comment directly to EPA
without going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although, listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. 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 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.
FOR FURTHER INFORMATION CONTACT: Monica Wait, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 347-8019; fax number: (703) 308-7070; 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. 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 e-mail. 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 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. Background on the Receipt of Requests to Cancel
This notice announces receipt by EPA of requests from registrant
Wellmark International to cancel propetamphos product registrations.
Propetamphos is an organophosphate insecticide registered for use for
non-residential indoor crack and crevice treatment to control crawling
insects, primarily, ants, cockroaches, and fleas. The registration
review process for propetamphos was initiated in June 2008, with the
issuance and placement of the Summary Document and Preliminary Work
Plan for Registration Review in the docket EPA-HQ-OPP-2007-1195 for a
90-day public comment period. The Propetamphos Final Work Plan for
Registration Review was placed in the docket on November 25, 2008, and
the registration review Data Call-In for propetamphos was issued in
December 2009. Wellmark International is the only current registrant of
propetamphos products.
Wellmark International's 90-day response to the registration review
Data Call-In stated their intent to seek voluntary cancellation of the
propetamphos technical product (EPA Registration No. 2724-313) and the
one remaining propetamphos end-use product, Zoecon 9001 EW (EPA
Registration No. 2724-450). Subsequently, in a letter to the Agency
dated July 23, 2010, Wellmark International requested that EPA cancel
the propetamphos pesticide product registrations identified in Table 1
of Unit III. Wellmark International requested that propetamphos
technical be canceled effective September 30, 2010, and the end-use
product be canceled effective 18 months later on March 30, 2012.
Furthermore, Wellmark International requested an 18-month existing
stocks provision for use of EPA Reg. No. 2724-313 to formulate EPA Reg.
No. 2724-450. For EPA Reg. No. 2724-450, Wellmark requested an existing
stocks provision that would allow them to sell or distribute existing
stocks of EPA Reg. No. 2724-450 until depletion and allow persons other
than Wellmark International to sell, distribute, and use existing
stocks of EPA Reg. No. 2724-450 until depletion. These are the last two
propetamphos products registered for use in the United States.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of requests from Wellmark
International to cancel propetamphos product registrations. The
affected products and the registrants making the requests are
identified in Tables 1 and 2 of this unit.
Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order canceling
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the affected registrations subject to the terms and conditions set
forth below in Unit VI.
Table 1.--Propetamphos Product Registrations with Pending Requests for
Cancellation
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Registration Number Product Name Company
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002724-00313 Technical Wellmark
Propetamphos International
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002724-00450 Zoecon 9001 EW Wellmark
International
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Table 2 of this unit includes the name and address of record for
the registrant of the products listed in Table of this unit. The
company number corresponds to the first part of the EPA registration
numbers of the products listed in Table 1.
Table 2.--Registrants Requesting Voluntary Cancellation and/or
Amendments
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EPA Company Number Company Name and Address
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002724 Wellmark International
Attn: James McFadden
1501 E. Woodfield Rd., Suite
200 West
Schaumberg, IL 60173
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IV. 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.
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 propetamphos registrant has requested that EPA waive the 180-
day comment period. Accordingly, EPA will provide a 30-day comment
period on the requests.
V. Procedures for Withdrawal of Requests
Registrants who choose to withdraw a request for product
cancellation 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 the
action. If the requests for voluntary cancellation 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, EPA proposes to include the following
provisions for the treatment of any existing stocks of the products
listed in Table 1 of Unit III.
EPA proposes to make the cancellation of propetamphos technical
(EPA Reg. No. 2724-313) effective September 30, 2010, after which date
the technical product can no longer be sold or distributed. Wellmark
International would be permitted to use the existing stocks of
propetamphos technical (defined as quantities of EPA Reg. No. 2724-313
in existence as of September 30, 2010) to formulate the propetamphos
end-use product (EPA Reg. No. 2724-450) for 18 months after the
September 30, 2010 effective date of the cancellation, which would be
until March 30, 2012. Thereafter, Wellmark International also would be
prohibited from using (as well as continue to be prohibited from
selling or distributing) propetamphos technical, except for export
consistent with FIFRA section 17 or for proper disposal.
EPA proposes to make the cancellation of the propetamphos end-use
product (EPA Reg. No. 2724-450) effective March 30, 2012. Wellmark
International would be allowed to sell or distribute existing stocks of
EPA Reg. No. 2724-450 (defined as quantities of EPA Reg. No. 2724-450
in existence as of March 30, 2012) until such stocks are depleted.
Persons other than Wellmark International would be allowed to sell,
distribute, and use existing stocks of EPA Reg. No 2724-450 until
supplies are exhausted, provided that such sale, distribution, and use
is consistent with the terms of the previously approved labeling on, or
that accompanied, the canceled product.
The existing stocks provisions outlined in this notice are intended
to allow depletion of the amount of technical propetamphos (EPA Reg.
No. 2724-313) that Wellmark International currently has on-hand from
purchases made prior to its decision to request voluntary cancellation.
Use until depletion will preclude environmental disposal concerns of
quantities of undiluted propetamphos that cannot be formulated or used.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: August 5, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-20010 Filed 8-17-10; 8:45 a.m.]
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