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The cancellations are effective September 15, 2010.
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AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Notice.
SUMMARY:
This notice announces EPA's order for the cancellations, voluntarily requested by the registrants 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 an August 4, 2010
Federal Register
Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II. to voluntarily cancel these product registrations. In the August 4, 2010 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 registrants withdrew their requests. The Agency did not receive any comments on the notice. Further, the registrants did not withdraw their requests. 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 September 15, 2010.
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-2009-1017. 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 76 products registered under FIFRA section 3. These registrations are listed in sequence by registration number in Table 1 of this unit.
Table 1—Product Cancellations
Registration No.
Product name
Active ingredients
000004-00146
Crabgrass Preventer and Weed Killer
Siduron.
000004-00179
Crabgrass Preventer and Weed Killer
Siduron.
000004-00355
Bonide Home Orchard Spray
Malathion, Captan, Sulfur.
000004-00375
Bonide Porch, Patio, Garden and Ornamental Spray
Piperonyl butoxide, Pyrethrins.
000004-00386
Bonide Pyrethrin Growers Spray
Pyrethrins.
000239-02523
Flea-B-Gon Flea Killer Formula II
Tetramethrin, Phenothrin.
000239-02524
Ortho Home and Garden Insect Killer Formula II
Tetramethrin, Phenothrin.
000239-02525
Ortho Flying and Crawling Insect Killer Formula II
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. This number corresponds to the first part of the EPA registration numbers of the products listed in Table 1 of this unit.
( printed page 56109)
Table 2—Registrants of Cancelled Products
EPA Company No.
Company name and address
4
Bonide Products, Inc., Agent Registrations By Design, Inc., P.O. Box 1019, Salem, VA 24153-3805.
239
The Scotts Company, P.O. Box 190, Marysville, OH 43040.
241
BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528.
270
Farnam Companies, Inc., D/B/A Central Life Sciences, 301 West Osborn Road, Phoenix, AZ 85013.
464
The Dow Chemical Company, 1500 East Lake Cook Road, Buffalo Grove, IL 60089.
499
Whitmire Micro-Gen Research Laboratories, Inc., BASF CORP., 3568 Tree Court Industrial Blvd., St. Louis, MO 63122-6682.
506
Walco Linck Company, 30856 Rocky Rd., Greeley, CO 80631-9375.
524
Monsanto Company, 1300 I Street, NW., Suite 450 East, Washington, DC 20005.
1020
Chemetall U.S, Inc., 675 Central Avenue, New Providence, NJ 07974-0007.
Control Solutions, Inc., 427 Hide Away Circle, Cub Run, KY 42729.
70127
Novozymes Biologicals, Inc., 1150 Conn. Ave., NW., Suite 1100, Washington, DC 20036.
70506
United Phosphorus, Inc., 630 Freedom Business Center, Suite 402, King of Prussia, PA 19406.
75341
Osmose Utility Services Inc., 980 Ellicott Street, Buffalo, NY 14209.
75844
Andrew M. Martin Co. NV. Inc., Agent Technology Sciences Group Inc., 4061 N. 156th Dr., Goodyear, AZ 85338.
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 August 4, 2010
Federal Register
notice, announcing the Agency's receipt of the requests for voluntary cancellations of products listed in Table 1 of Unit II.
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 September 15, 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 in the
Federal Register
issue of August 4, 2010 (75 FR 46926) (FRL-8837-6), the comment period closed on September 3, 2010.
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 cancellation action. The existing stocks provisions for the products subject to this order are as follows.
A. Disposition of Existing Stocks for All Table 1 Products Except EPA Reg. No. 524-478
The registrants may continue to sell and distribute existing stocks of products listed in Table 1 of Unit II. (except EPA Reg. No. 524-478) until September 15, 2011, which is 1 year after the publication of the Cancellation Order in the
Federal Register
. Thereafter, the registrants are prohibited from selling or distributing products listed in Table 1, except for export in accordance with FIFRA section 17, or proper disposal. Persons other than the registrants may sell, distribute, or use existing stocks of products listed in Table 1 of Unit II. (except EPA Reg. No. 524-478) 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.
B. Disposition of Existing Stocks for EPA Reg. No. 524-478
In accordance with a “phase-out” agreement negotiated with Monsanto Company in conjunction with an amendment request for EPA Reg. No. 524-478, all sale, distribution, and planting of Bollgard® Cotton (EPA Reg. No. 524-478) is prohibited after July 1, 2010. The terms of the negotiated U.S. phase-out strategy include:
1. Production of Bollgard® Cotton (EPA Reg. No. 524-478) by Monsanto Company after September 30, 2009, is prohibited.
2. All sales of Bollgard® Cotton after September 30, 2009, are prohibited.
3. Planting of Bollgard® Cotton seed after midnight of July 1, 2010, is prohibited.
4. All Bollgard® Cotton seed not planted on or before July 1, 2010, must
( printed page 56110)
be returned either to the retailer or to Monsanto Company. As a consequence of the U.S. phase-out strategy for Bollgard® Cotton, sale, distribution, and/or planting of Bollgard® Cotton is prohibited. All existing stocks must be returned to Monsanto Company or to an authorized retailer.
List of Subjects
Environmental protection
Pesticides and pests
Dated: September 7, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide Programs.