[Federal Register Volume 75, Number 183 (Wednesday, September 22, 2010)]
[Notices]
[Pages 57780-57782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23544]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0639; FRL-8843-4]
2-(Hydroxymethyl)-2-nitro-1,3-propanediol (Tris Nitro); Order to
Amend Registrations to Terminate Certain Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's order for the amendment to
terminate certain uses, voluntarily requested by the registrant and
accepted by the Agency, of the pesticide products listed in Table 1,
pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended. This order to terminate uses
follows a June 23, 2010 Federal Register Notice of Receipt of Request
from the Registrant listed in Table 2 to voluntarily amend 2-
(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) product
registrations to terminate or delete one or more uses. The request
would delete use in or on metalworking fluids; latex paints; resin/
latex/polymer emulsions; specialty industrial products; livestock and
poultry premises; paints, emulsions and thickener solutions; use as a
preservative for packaged emulsions, solutions, or suspensions such as
detergents and polishes containing water; and use in pulp and paper-
mill process water systems. The request would not terminate the last 2-
(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) products
registered for use in the United States and would result in retention
of some registered uses for those products. In the June 23, 2010
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 registrant withdrew the
requests within this period. The Agency did not receive any comments on
the notice. Further, the registrant did not withdraw the requests.
Accordingly, EPA hereby issues in this notice, an order granting the
requested amendment to terminate uses. Any distribution, sale, or use
of the products subject to this order is permitted only in accordance
with the terms of this order, including any existing stocks provisions.
DATES: The order is effective September 22, 2010.
FOR FURTHER INFORMATION CONTACT: Rebecca Vondem-Hagen, Antimicrobials
Division (7510P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-6785; 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-2009-0639. 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
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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 order for the amendment to terminate
uses, as requested by the registrant, of certain products registered
under section 3 of FIFRA. These registrations are listed in sequence by
registration number in Table 1 of this unit.
Table 1.--2-(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) Product Registration Amendments to Terminate
Uses
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Registration Number Product Name Company Uses to be Terminated
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464-657 Tris Nitro\TM \Solid The Dow Chemical Use in metalworking
Industrial Company fluids; Latex paints,
Bacteriostat Resin/latex/polymer
emulsions; Specialty
industrial products;
Livestock and Poultry
premises.
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464-658 Tris Nitro\TM\ Brand of The Dow Chemical Use in metalworking
50% (Aqueous) For Company fluids; Latex paints;
Formulating Use Resin/latex/polymer
emulsions; Specialty
industrial products;
Livestock and poultry
premises.
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464-663 Tris Nitro\TM\ Brand of The Dow Chemical Use in paints,
50% Aqueous Tris Company emulsions and
(hydroxymethyl) thickener solutions;
nitromethane use in metalworking
fluids; Use as a
preservative for
packaged emulsions,
solutions, or
suspensions, such as
detergents and
polishes containing
water.
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464-668 Tris Nitro\TM\ Brand of The Dow Chemical Use in metalworking
25% Aqueous Tris Company fluids; use as a
(hydroxymethyl) preservative for
nitromethane packaged emulsions,
solutions, or
suspensions, such as
detergents and
polishes containing
water.
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464-679 Tris Nitro\TM\ Brand The Dow Chemical Use in paints,
Company emulsions, and
thickener solutions;
use in metalworking
fluids; use as a
preservative for
packaged emulsions,
solutions, or
suspensions, such as
detergents and
polishes containing
water; use in pulp and
papermill process
water systems.
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Table 2 of this unit includes the name and address of record for
the registrant of the products in Table 1 of this unit.
Table 2.--Registrants of Amended Products
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EPA Company Number Company Name and Address
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464 The Dow Chemical Company
1803 Building
Midland, MI 48674
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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 Federal Register notice of June 23, 2010 (75 FR
35807) announcing the Agency's receipt of the request to voluntarily
amend registrations to terminate certain uses of products listed in
Table 1.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
amendment to terminate certain uses of 2-(Hyroxymethyl)-2-nitro-1,3-
propanediol (Tris Nitro) registrations identified in Table 1 of Unit
II. Accordingly, the Agency orders that the product registrations
identified in Table 1 of Unit II. are hereby amended to terminate the
affected uses. 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 considered 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 Administrator may approve such
a request.
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.
Once EPA has approved product labels reflecting the requested
amendments to delete uses, registrants will be permitted to sell or
distribute products under the previously approved labeling for a period
of 18 months after the date of Federal Register publication of the
order to terminate uses, unless other restrictions have been imposed.
Thereafter, registrants will be prohibited from selling or distributing
the products whose labels include the deleted uses identified in Table
1 of Unit II., except for export consistent with FIFRA section 17 or
for proper disposal.
Persons other than the registrant may sell, distribute, or use
existing stocks of the products in Table 1, whose labels include the
deleted uses until supplies are exhausted, provided that such sale,
distribution, or use is consistent with
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the terms of the previously approved labeling on, or that accompanied,
products bearing the deleted uses.
List of Subjects
Environmental protection, Antimicrobials, Pesticides and pests, 2-
(hydroxymethyl)-2-nitro-1,3-propanediol, Tris Nitro.
September 14, 2010.
Joan Harrigan Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 2010-23544 Filed 9-21-10; 8:45 a.m.]
BILLING CODE 6560-50-S