[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Notices]
[Pages 63178-63179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25905]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0684; FRL-8848-5]
Product Cancellation Order for Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; withdrawal of notice.
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SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrant and accepted by the Agency, of
the products listed in Table 1 of Unit II, pursuant to section 6(f)(1)
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. This cancellation order follows a February 2, 2010, Federal
Register Notice of Receipt of Requests from the registrant listed in
Table 2 of Unit II., to voluntarily cancel these product registrations.
This cancellation order also follows an April 7, 2010, Federal Register
notice, which includes (in part) duplicative notice of the same
requests. With respect to the products that are the subject of this
order, the duplicative portions of the April 7, 2010, notice were
issued in error and are hereby withdrawn. In the February 2, 2010,
notice, EPA indicated that it would issue an order implementing the
cancellations, unless the Agency received substantive comments within
the 180-day comment period that would merit its further review of these
requests, or unless the registrant withdrew their request. The Agency
received comments on the notice but none merited its further review of
the requests. Further, the registrant did not withdraw their request.
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 stock
provisions.
DATES: The cancellations are effective October 14, 2010.
FOR FURTHER INFORMATION CONTACT: Daniel Peacock, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-5407; fax number: (703) 308-0029; 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-2009-0684. 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's telephone number is (703) 305-5805.
II. What action is the agency taking?
This notice announces the cancellation, as requested by the
registrant, of products registered under FIFRA section 3. These
registrations are listed in sequence by the registration number in
Table 1 of this unit.
Table 1--Product Cancellations
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EPA Registration No. Product name Chemical name
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NE-060001.......................... Rozol Prairie Dog Bait............... Chlorophacinone
CO-060009.......................... Rozol Prairie Dog Bait............... Chlorophacinone
KS-070003.......................... Rozol Prairie Dog Bait............... Chlorophacinone
WY-070005.......................... Rozol Prairie Dog Bait............... Chlorophacinone
TX-070008.......................... Rozol Prairie Dog Bait............... Chlorophacinone
OK-080002.......................... Rozol Prairie Dog Bait............... Chlorophacinone
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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.
Table 2--Registrants of Canceled Products
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EPA Company No. Company name and address
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7173................................ Liphatech, 3600 West Elm St.,
Milwaukee, WI 53209.
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III. Summary of Public Comments Received and the Agency Response to
Comments
The comments submitted during the comment period expressed a
general opposition to the use of anticoagulants to control prairie
dogs, and none addressed the requests for voluntary cancellation.
Therefore, the Agency does not believe that the comments merit further
consideration with respect to those requests.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations of the 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 October 14, 2010.
Any distribution, sale, or use of existing stocks of the products
identified in Table 1 of Unit II. in a
[[Page 63179]]
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 request in the Federal Register. Thereafter,
following the public comment period, the EPA Administrator may approve
the request. The notice of receipt for this action was published for
comment in the Federal Register issued on February 2, 2010 (75 FR 5318)
(FRL-8809-8). The comment period closed on August 2, 2010.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
that are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The existing stock provisions for the products
subject to this order are as follows.
The registrant may continue to sell and distribute existing stocks
of products listed in Table 1 of Unit II. until October 14, 2011, which
is 1 year after the publication of the cancellation order in the
Federal Register. Thereafter, the registrant is prohibited from selling
or distributing products listed in Table 1 of Unit II., except for
export in accordance with FIFRA section 17, or proper disposal. Persons
other than the registrant may sell, distribute, or use existing stocks
of products listed in Table 1 of Unit II., until existing stocks 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: October 1, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-25905 Filed 10-13-10; 8:45 am]
BILLING CODE 6560-50-P