[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51049-51053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20447]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2002-0262; FRL-8841-5]
Notice of Receipt of Requests to Voluntarily Cancel Certain
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 registrants to voluntarily cancel
certain pesticide registrations. 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 registration has been canceled only if the 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-2002-0262, 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.
Submit written withdrawal request by mail to: Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. Attention: Melanie Biscoe.
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's telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2002-0262. 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://
[[Page 51050]]
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 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's
telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Melanie Biscoe, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 305-7106; 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; agricultural advocates; the chemical industry; pesticide users;
and members of the public interested in the sale, distribution, or use
of pesticides. If you have any questions regarding the information in
this notice, 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. What Action is the Agency Taking?
This notice announces receipt by the Agency of requests from all
endosulfan registrants to cancel all 30 pesticide products registered
under FIFRA section 3 or 24(c). These registrations are listed in Table
1 of this unit.
Table 1.--Registrations with Pending Requests for Cancellation
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Registration No. Product Name Chemical Name
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11678-5 Thionex Endosulfan
Endosulfan
Technical
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19713-99 Drexel Endosulfan Endosulfan
2EC Insecticide
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19713-319 Drexel Endosulfan Endosulfan
Technical
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19713-399 Drexel Endosulfan Endosulfan
3EC
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61483-65 Endalfly Endosulfan
Insecticide
Cattle Ear Tag
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66222-62 Thionex 50W Endosulfan
Insecticide
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66222-63 Thiodan 3EC Endosulfan
Insecticide
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66222-64 Thionex Technical Endosulfan
Insecticide
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[[Page 51051]]
AZ030004 Thiodan 3EC Endosulfan
Insecticide
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AZ980004 Drexel Endosulfan Endosulfan
3EC
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HI030001 Thionex 50W Endosulfan
Insecticide
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HI030002 Thiodan 3EC Endosulfan
Insecticide
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HI070006 Thionex 3EC Endosulfan
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ID030002 Thionex 3EC Endosulfan
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ID030004 Thionex 3EC Endosulfan
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ID980003 Drexel Endosulfan Endosulfan
3EC
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NC080001 Thionex 3EC Endosulfan
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NV030001 Thiodan 3EC Endosulfan
Insecticide
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OR030007 Thiodan 3EC Endosulfan
Insecticide
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OR030010 Thiodan 3EC Endosulfan
Insecticide
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OR030012 Thionex 50W Endosulfan
Insecticide
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OR030013 Thiodan 3EC Endosulfan
Insecticide
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OR030024 Thiodan 3EC Endosulfan
Insecticide
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UT030003 Thionex 3EC Endosulfan
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WA030013 Thiodan 3EC Endosulfan
Insecticide
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WA030017 Thionex 50W Endosulfan
Insecticide
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WA030018 Thiodan 3EC Endosulfan
Insecticide
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WA030024 Thionex 3EC Endosulfan
Insecticide
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WA030027 Thiodan 3EC Endosulfan
Insecticide
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WA980012 Drexel Endosulfan Endosulfan
3EC
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\The registrants listed in Table 2 of this unit have requested:
Cancellation of the uses listed in List 1 of Unit V.
effective immediately.
Cancellation of the uses listed in List 2 of Unit V.
effective as of March 31, 2012.
Cancellation of the uses listed in List 3 of Unit V.
effective as of March 31, 2013.
Cancellation of the uses listed in List 4 of Unit V.
effective as of September 1, 2014.
Cancellation of the uses listed in List 5 of Unit V.
effective as of March 31, 2015.
Cancellation of the uses listed in List 6 of Unit V.
effective as of March 31, 2016.
These cancellation requests are part of a Memorandum of Agreement
between the Agency and the four endosulfan registrants dated July 22,
2010. Specific endosulfan uses will end according to the schedule
described in Unit V. The Memorandum of Agreement also requires
additional mitigation measures for uses listed in Lists 2, 3, 4, 5, or
6 of Unit V. The Memorandum of Agreement is available at http://www.regulations.gov under docket number EPA-HQ-OPP-2002-0262-0181.
Unless the Agency determines that there are substantive comments that
warrant further review of the requests or the registrants withdraw
their requests, EPA intends to issue orders in the Federal Register
canceling all of the affected registrations.
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 this unit.
Table 2.--Registrants Requesting Voluntary Cancellation
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EPA Company No. Company Name and Address
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11678 Makhteshim Chemical Works, Ltd.
4515 Falls of Neuse Rd.
Suite 300
Raleigh, NC 27609
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19713 Drexel Chemical Company
1700 Channel Ave.
P.O. Box 13327
Memphis, TN 38113-0327
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61483 KMG-Bernuth, Inc.
9555 W. Sam Houston Pkwy.,
South
Suite 600
Houston, TX 77099
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[[Page 51052]]
66222 Makhteshim-Agan of North
America, Inc.
4515 Falls of Neuse Rd.
Suite 300
Raleigh, NC 27609
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III. 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. 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 registrants in Table 2 of Unit II. have requested that EPA
waive the 180-day comment period. Accordingly, EPA will provide a 30-
day comment period on the proposed requests.
IV. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for cancellation
should submit the withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT. If the products have been subject to a
previous cancellation action, the effective date of cancellation and
all other provisions of any earlier cancellation action are
controlling.
V. 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
cancellation action. In any order issued in response to these requests
for use deletions and requests for voluntary cancellations, the Agency
proposes to include the following provisions for the treatment of any
existing stocks of the products identified or referenced in Table 1 of
Unit II. These provisions are consistent with the requests for use
deletions and requests for voluntary cancellations outlined in Unit II.
If the request for voluntary cancellation and use termination is
granted, the Agency intends to publish the cancellation order in the
Federal Register.
1. For the uses in List 1 of this unit:
i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 1 after December
31, 2010, except sale or distribution of such products for the purposes
of proper disposal, or export consistent with section 17 of FIFRA.
ii. EPA intends to prohibit the distribution or sale of products
permitting the uses in List 1 by persons other than the registrants
after May 31, 2011, except sale or distribution of such products for
the purposes of proper disposal, or export consistent with section 17
of FIFRA.
iii. EPA intends to prohibit the uses in List 1 after July 31,
2012. The stop use date for the uses listed in List 1 of this unit will
also be reflected on amended product labeling.
iv. Any use of existing stocks must be consistent with the
directions and terms of the previously approved labeling on, or that
accompanied, the product with respect to those uses.
List 1.--Phase-Out Group A
Almond
Apricot
Broccoli
Brussels sprouts
Carrots
Cauliflower
Celery (non-AZ)
Citrus (non-bearing)
Collard greens
Dry beans
Dry peas
Eggplant
Filbert
Kale
Kohlrabi
Mustard greens
Nectarine (CA only)
Macadamia
Plum & prune
Poplars grown for pulp and timber
Strawberry (annual)
Sweet potato
Tart cherry
Turnip
Walnut
Ornamental trees, shrubs, and herbaceous plants - includes
boxelder, dogwood, lilac, douglas fir (grown for ornamentals nursery
stock or Christmas trees; Pacific Northwest only), elms, leatherleaf
fern, pines (austrian, jack, red, scotch, white), shade trees
(except birch), shrubs, spruce (New England area only), taxus,
orchids, hybrid poplars, Christmas trees
Other uses that may appear on section 3 registration labels or on a
24(c) registration and are not listed above or on Lists 2, 3, 4, 5, or
6 of this unit.
2. For the uses in List 2 of this unit:
i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 2 after March 31,
2012, except sale or distribution of the products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
ii. EPA intends to prohibit the distribution or sale of products
permitting the uses in List 2 by persons other than the registrants
after May 31, 2012, except sale or distribution of the products for the
purposes of proper disposal, or export consistent with section 17 of
FIFRA.
iii. EPA intends to prohibit the uses in List 2 after July 31,
2012. The stop use date for the uses listed in List 2 of this unit will
also be reflected on amended product labeling.
iv. Any use of existing stocks must be consistent with the
directions and terms of the previously approved labeling on, or that
accompanied, the product with respect to those uses.
List 2.--Phase-Out Group B
Cabbage
Celery (AZ only)
Cotton
Cucumbers
Lettuce
Stone fruits not listed in List 1 of this unit, including
nectarine (non-CA), peaches, and sweet cherry
Summer melons (cantaloupe, honeydew, watermelon)
Summer squash
Tobacco
3. For the use in List 3 of this unit:
i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the use in List 3 after March 31,
2013, except sale or distribution of the products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
ii. EPA intends to prohibit the distribution or sale of products
permitting the use in List 3 by persons other than the registrants
after May 31, 2013, except sale or distribution of the products for the
purposes of proper disposal, or export consistent with section 17 of
FIFRA.
iii. EPA intends to prohibit the use in List 3 after July 31, 2013.
The stop use date for the use listed in List 3 of this unit will also
be reflected on amended product labeling.
[[Page 51053]]
iv. Any use of existing stocks must be consistent with the
directions and terms of the previously approved labeling on, or that
accompanied, the product with respect to those uses.
List 3.--Phase-Out Group C
Pear
4. For the uses in List 4 of this unit:
i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 4 in the state of
Florida after September 30, 2014, except sale or distribution of the
products for the purposes of proper disposal, or export consistent with
section 17 of FIFRA.
ii. EPA intends to prohibit the distribution or sale in the state
of Florida of products permitting the uses in List 4 by persons other
than the registrants after October 31, 2014, except sale or
distribution of the products for the purposes of proper disposal, or
export consistent with section 17 of FIFRA.
iii. EPA intends to prohibit the uses in List 4 in the state of
Florida after December 31, 2014. The stop use date for the uses listed
in List 4 of this unit will also be reflected on amended product
labeling.
iv. Any use of existing stocks must be consistent with the
directions for use and terms of the previously approved labeling on, or
that accompanied, the product with respect to those uses.
List 4.--Phase-Out Group D
All Florida uses of:
Apple
Blueberry
Peppers
Potatoes
Pumpkins
Sweet corn
Tomato
Winter squash
5. For the uses in List 5 of this unit:
i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 5 after March 31,
2015, except sale or distribution of the products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
ii. EPA intends to prohibit the distribution or sale of products
permitting the uses in List 5 by persons other than the registrants
after May 31, 2015, except sale or distribution of the products for the
purposes of proper disposal, or export consistent with section 17 of
FIFRA.
iii. EPA intends to prohibit the uses in List 5 after July 31,
2015. The stop use date for the uses listed in List 5 of this unit will
also be reflected on amended product labeling.
iv. Any use of existing stocks must be consistent with the
directions for use and terms of the previously approved labeling on, or
that accompanied, the product with respect to those uses.
List 5.--Phase-Out Group E
Apple
Blueberry
Peppers
Potatoes
Pumpkins
Sweet corn
Tomato
Winter squash
6. For the uses in List 6 of this unit:
i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 6 after March 31,
2016, except sale or distribution of the products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
ii. EPA intends to prohibit the distribution or sale of products
permitting the uses in List 6 by persons other than the registrants
after May 31, 2016, except sale or distribution of the products for the
purposes of proper disposal, or export consistent with section 17 of
FIFRA.
iii. EPA intends to prohibit the uses or products in List 6 after
July 31, 2016. The stop use date for the uses listed in List 6 of this
unit will also be reflected on amended product labeling.
iv. Any use of existing stocks must be consistent with the
directions for use and terms of the previously approved labeling on, or
that accompanied, the product with respect to those uses.
List 6.--Phase-Out Group F
Livestock ear tags
Pineapple
Strawberry (perennial/biennial)
Vegetable crops for seed (alfalfa, broccoli, brussels sprouts,
cabbage, cauliflower, Chinese cabbage, collard greens, kale,
kohlrabi, mustard greens, radish, rutabaga, turnip)
List of Subjects
Environmental protection, Pesticides and pests.
Dated: August 12, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-20447 Filed 8-17-10; 8:45 am]
BILLING CODE 6560-50-S