[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Pages 76456-76457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30865]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-0975; FRL-8855-6]
Methomyl; Cancellation Order for Amendments To Terminate Use of
Methomyl on Grapes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's order for the amendments to
terminate use, voluntarily requested by the registrant and accepted by
the Agency, of products containing methomyl, pursuant to section
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended. This cancellation order follows an October 24,
2007 Federal Register Notice of Receipt of Requests from the registrant
listed in Table 2 of Unit II. to voluntarily amend to terminate the
grape use from all product registrations. In the October 24, 2007
notice, EPA indicated that it would issue an order implementing the
amendments to terminate use, 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 the
requests. On April 14, 2008, the registrant withdrew the voluntary
cancellation of the grape use and submitted a Pesticide Registration
Improvement Act (PRIA) action to modify the methomyl use on grapes.
While this new information refined the dietary risk assessment, it was
not sufficient to change the Agency's previous conclusion. As a result,
the registrant withdrew the PRIA action on April 9, 2010. Accordingly,
EPA hereby issues in this notice a cancellation order granting the
requested amendments to terminate use. 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 stocks
provisions.
DATES: The amendments are effective December 8, 2010.
FOR FURTHER INFORMATION CONTACT: Tom Myers, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-8589; 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. 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-2007-0975. 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 telephone number is (703) 305-5805.
II. What action is the Agency taking?
This notice announces the amendments to delete certain uses, as
requested by the registrant, of products registered under section 3 of
FIFRA. These registrations are listed in sequence by registration
number in Table 1 of this unit.
Table 2--Methomyl Product Registration Amendments To Delete Use
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EPA registration No. Product name Use deleted
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352-342........................ Dupont Lannate SP Grapes.
Insecticide.
352-384........................ Dupont Lannate LV Grapes.
Insecticide.
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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, in sequence by
EPA company number. This number corresponds to the first
[[Page 76457]]
part of the EPA registration numbers of the products listed above.
Table 2--Registrants of Methomyl Products
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EPA company No. Company name and address
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000352................................. E.I. du Pont de Nemours and
Company DuPont Crop
Protection, Stine-Haskell
Research Center, P.O. Box 30,
Newark, DE 19714-0030.
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III. Summary of Public Comments Received and Agency Response to
Comments
On April 14, 2008, during the public comment period the registrant
withdrew the voluntary cancellation of the grape use and submitted a
PRIA action consisting of a change in the use of methomyl on grapes
along with grape residue monitoring data provided by grape growers.
While this new information refined the dietary assessment, it was not
sufficient to change the Agency's previous conclusion. As a result, the
registrant withdrew the PRIA action on April 9, 2010. For this reason,
the Agency does not believe that the information submitted during the
comment period merits further review or a denial of the requests for
voluntary use deletion.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
amendments to terminate uses of methomyl 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 amended to
terminate the affected use. The effective date of the cancellations
that are the subject of this notice is December 8, 2010. 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 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 EPA Administrator may approve
such a request. The notice of receipt for this action was published for
comment on October 24, 2007 (72 FR 60634) (FRL-8153-3). The comment
period closed on April 21, 2008.
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.
Now that EPA has approved product labels reflecting the requested
amendments to delete uses, registrants are permitted to sell or
distribute products listed in Table 1 of Unit II. under the previously
approved labeling until June 8, 2012, a period of 18 months after
publication of the cancellation order in this Federal Register, 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 products whose labels include the deleted uses 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, products with the deleted uses.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: December 2, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-30865 Filed 12-7-10; 8:45 am]
BILLING CODE 6560-50-P