[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16105-16106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6887]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0265; FRL-8815-8]
Dicloran; Cancellation Order for Amendment to Terminate a Use of
DCNA Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's order for the label amendment,
which was voluntarily requested by the registrant and accepted by the
Agency, to terminate use on carrots for pesticide registrations listed
in Table 1 in Unit II. pursuant to section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This
cancellation order follows a December 2, 2009 (74 FR 63151) Federal
Register Notice of Receipt of Request from the registrant listed in
Table 2 in Unit II. to voluntarily amend to terminate dicloran (DCMA)
use on carrots. In its December 2, 2009 Notice, EPA indicated that it
would issue an order implementing the cancellation and amendment to
terminate the use on carrot, 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 30-day comment period ended on January
4, 2010, at which time 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 use termination. 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 as published in the Federal
Register on November 2, 2010.
FOR FURTHER INFORMATION CONTACT: James Parker, Pesticides Re-evaluation
Division (7508P) , Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 306-0469; 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-2005-0265. 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 amendment to terminate use on carrots, as
requested by registrants, of products registered under section 3 of
FIFRA. The affected registrations are listed in sequence by
registration number in Table 1 of this unit.
Table 1.--Dicloran Registration with Carrot Use Cancellation
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EPA Registration Number Product Name
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10163-189 Botran 75-W Fungicide
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10163-195 Botran Technical
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10163-226 Botran 5-F Fungicide
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Table 2 of this unit includes the names and addresses of record for
the registrant of the products in Table 1 of this unit, in sequence by
EPA company number.
Table 2.--Registrants of Cancelled And Amended Use
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EPA Company Number Company Name and Address
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10163 Gowan Company
P.O. Box 5569
Yuma, AZ 85366-5569
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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 December 2, 2009 Federal Register notice announcing
the Agency's receipt of the request for voluntary cancellation and
amendment to terminate use on carrots of products listed in Table 1 in
Unit II.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
amendment to terminate the carrot use of dicloran registrations
identified in Table 1 in Unit II. Accordingly, the Agency for product
registrations identified in Table 1 in Unit II. Any distribution, sale,
or use of existing stocks of the products identified in Table 1 in 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
[[Page 16106]]
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 use cancellation is
November 2, 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 in Unit II. until November 2, 2010. Persons other
than the registrant may sell and distribute existing stocks of products
listed in Table 1 in Unit II. until exhausted. Use of the products
listed in Table 1 in Unit II. may be exhausted, provided that such use
is consistent with the terms of the previously approved labeling on, or
that accompanied, the canceled product.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: March 16, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticides Re-evalution Division, Office of Pesticide
Programs.
[FR Doc. 2010-6887 Filed 3-30-10; 8:45 am]
BILLING CODE 6560-50-S