[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Notices]
[Pages 52340-52342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21145]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0623; FRL-8843-1]
Fenoxycarb; Notice of Receipt of Request 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
registrations of products containing the pesticide fenoxycarb. The
request would terminate the last fenoxycarb 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 request, or unless a registrant withdraws its
request. 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 24, 2010.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0623, 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-
2010-0623. 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 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: 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. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
[[Page 52341]]
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 Registrations
This notice announces receipt by EPA of requests from registrants
Syngenta Crop Protection, Inc. and Whitmire Micro-Gen Research
Laboratories, Inc. to cancel fenoxycarb product registrations.
Fenoxycarb is an O-ethyl carbamate derivative insecticide used to
control fire ants and big-headed ants on turf, home lawns, agricultural
areas, non-agricultural areas, horse farms, and ornamental nursery
stock, among other areas. Fenoxycarb is also used to control a variety
of insects in greenhouses in a total release fogger product. In letters
received by the Agency, Syngenta Crop Protection, Inc. and Whitmire
Micro-Gen Research Laboratories, Inc. requested EPA to cancel pesticide
product registrations identified in Table 1 of Unit III. This request
for voluntary cancellation was submitted in response to the data call-
in issued for the Registration Review of fenoxycarb. This action on the
registrants' requests will terminate the last fenoxycarb products
registered in the United States.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of requests from registrants
to cancel fenoxycarb 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 the
affected registrations. The cancellation of the technical product
(product number 100-723) will be effective upon publication of the
final cancellation order. The cancellation of the end-use product
number 499-437 will be effective upon publication of the final
cancellation order. The cancellation of the end-use product number 100-
722 will be effective December 31, 2012.
Table 1.--Fenoxycarb Product Registrations with Pending Requests for
Cancellation
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Registration Number Product Name Company
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100-722 Award Fire Ant Syngenta Crop
Bait Protection, Inc.
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100-723 Fenoxycarb Syngenta Crop
Technical Protection, Inc.
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499-437 Whitmire PT 2120 Whitmire Micro-Gen
TF Prelcude Research
Laboratories,
Inc.
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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 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
of this unit.
Table 2.--Registrants Requesting Voluntary Cancellation and/or
Amendments
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EPA Company Number Company Name and Address
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100 Syngenta Crop Protection,
Inc. PO Box 18300
Greensboro, NC 27419-8300
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499 Whitmire Micro-Gen Research
Laboratories, Inc. 3568
Tree Court Industrial Blvd.
St. Louis, MO 63122-6682
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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 fenoxycarb registrants have requested that EPA waive the 180-
day comment period. Accordingly, EPA will provide a 30-day comment
period on the proposed requests.
V. Procedures for Withdrawal of Requests
Registrants who choose to withdraw a request for product
cancellation or use deletion 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.
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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
cancellation 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.
Syngenta Crop Protection, Inc. may formulate existing stocks of
product number 100-723 into end-use product until supplies of product
number 100-723 are exhausted. Syngenta Crop Protection, Inc. will be
permitted to sell and distribute end-use product (product number 100-
722) until December 31, 2012, the effective date of the cancellation of
product number 100-722. Thereafter, Syngenta Crop Protection, Inc. will
be prohibited from selling or distributing the product number 100-722,
except for export consistent with FIFRA section 17 or for proper
disposal.
Whitmire Micro-Gen Research Laboratories, Inc. will be permitted to
sell and distribute existing stocks of voluntarily canceled end-use
product (product number 499-437) until December 31, 2013. Thereafter,
Whitmire Micro-Gen Research Laboratories, Inc. will be prohibited from
selling or distributing product number 499-437, except for export
consistent with FIFRA section 17 or for proper disposal.
Persons other than the registrants may sell, distribute, or use
existing stocks of the canceled products listed in Table 1 of Unit III,
until supplies are exhausted, provided that such sale, distribution, or
use is consistent with the terms of the previously approved labeling
on, or that accompanied, the canceled products.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: August 18, 2010.
Peter Caulkins,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-21145 Filed 8-24-10; 8:45 am]
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