[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Notices]
[Pages 8339-8340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3503]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0787; FRL-8809-7]
Difenzoquat; Product Cancellation Order for Certain Pesticide
Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces EPA's order for the cancellation,
voluntarily requested by the registrant and accepted by the Agency, of
products containing the pesticide difenzoquat, pursuant to section
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended. This cancellation order follows a November 25,
2009 Federal Register Notice of Receipt of Request from the registrant
listed in Table 1 to voluntarily cancel these product registrations.
These are the last products containing these pesticides registered for
use in the United States. In the November 25, 2009 Notice, EPA
indicated that it would issue an order implementing the cancellations,
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 their request within this period. The
Agency did not receive any comments on the Notice. 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 stocks provisions.
DATES: The cancellations are effective February 24, 2010.
FOR FURTHER INFORMATION CONTACT: Eric Miederhoff, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 347-8028; 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-2009-0787. 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 cancellation, as requested by
registrants, of products registered under section 3 of FIFRA. These
registrations are listed in sequence by registration number in Table 1
of this unit.
Table 1. -- Difenzoquat Product Cancellations
------------------------------------------------------------------------
Registration Number Product Name Company
------------------------------------------------------------------------
5481-536 Avenge Technical AMVAC Chemical
Herbicide Corporation
------------------------------------------------------------------------
5481-537 Avenge Wild Oat AMVAC Chemical
Herbicide Corporation
------------------------------------------------------------------------
5481-538 Avenge SG Wild Oat AMVAC Chemical
Herbicide Corporation
------------------------------------------------------------------------
[[Page 8340]]
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.
Table 2. -- Registrants of Cancelled Products
------------------------------------------------------------------------
EPA Company Number Company Name and Address
------------------------------------------------------------------------
5481 AMVAC Chemical Corporation
4695 MacArthur Court, Suite
1250
Newport Beach, California
92660-1706
------------------------------------------------------------------------
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 November 25, 2009 Federal Register Notice announcing
the Agency's receipt of the request for voluntary cancellation of
products listed in Table 1.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellation of difenzoquat 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 canceled. 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
EPA's existing stocks policy (56 FR 29362) provides that: ``If a
registrant requests to voluntarily cancel a registration where the
Agency has identified no particular risk concerns, the registrant has
complied with all applicable conditions of reregistration, conditional
registration, and data call ins, and the registration is not subject to
a Registration Standard, Label Improvement Program, or reregistration
decision, the Agency will generally permit a registrant to sell or
distribute existing stocks for 1-year after the cancellation request
was received. Persons other than registrants will generally be allowed
to sell, distribute, or use existing stocks until such stocks are
exhausted.''
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
cancellation action. The effective date of this cancellation is
February 24, 2010. The cancellation order that is the subject of this
Notice includes the following existing stock provisions:
The registrant may sell and distribute existing stocks of products
listed in Table 1 of Unit II until December 31, 2010. Persons other
than the registrant may sell and distribute existing stocks of products
listed in Table 1 until exhausted. Use of the products listed in Table
1 may continue until existing stocks are exhausted, provided that such
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: February 3, 2010
Peter Caulkins,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-3503 Filed 2-23-10; 8:45 am]
BILLING CODE 6560-50-S