Skip to Content

Notice

Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations

Document Details

Information about this document as published in the Federal Register.

Enhanced Content

Relevant information about this document from Regulations.gov provides additional context. This information is not part of the official Federal Register document.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble Start Printed Page 4692

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice.

SUMMARY:

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been canceled only if such sale, distribution, or use is consistent with the terms as described in the final order.

DATES:

Comments must be received on or before February 25, 2011.

ADDRESSES:

Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2009-1017, by one of the following methods:

  • Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments.
  • Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.

Submit written withdrawal request by mail to: Pesticide Re-evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. Attention: Maia Tatinclaux.

  • Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket Facility's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305-5805.

Instructions: Direct your comments to docket ID number EPA-HQ-OPP-2009-1017. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: All documents in the docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. 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 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.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Maia Tatinclaux, Pesticide Re-evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 347-0123; e-mail address: tatinclaux.maia@epa.gov.

End Further Info End Preamble Start Supplemental Information

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. If you have any questions regarding the information in this notice, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

1. Submitting CBI. Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

2. Tips for preparing your comments. When submitting comments, remember to:

i. Identify the document by docket ID number and other identifying information (subject heading, Federal Register date and page number).

ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.

iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

iv. Describe any assumptions and provide any technical information and/or data that you used.

v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

vi. Provide specific examples to illustrate your concerns and suggest alternatives.Start Printed Page 4693

vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

viii. Make sure to submit your comments by the comment period deadline identified.

II. What action is the agency taking?

This notice announces receipt by the Agency of requests from registrants to cancel 46 pesticide products registered under FIFRA section 3 or 24(c). These registrations are listed in sequence by registration number (or company number and 24(c) number) in Table 1 of this unit.

The request to cancel the product with EPA Reg. No. 066330-00264 would terminate the last butylate product registered for use in the United States.

Unless the Agency determines that there are substantive comments that warrant further review of the requests or the registrants withdraw their requests, EPA intends to issue an order in the Federal Register canceling all of the affected registrations.

Table 1—Registrations With Pending Requests for Cancellation

Registration No.Product nameActive ingredient
000121-00098Cutter Insect Repellent Eld-Allethrin.
000192-00204Dexol Mole Killer Pellets2Zinc phosphide.
000239-02381Triox Vegetation KillerPrometon.
000239-02664Weed B Gon Ready-SprayBenzoic acid, 3,6-dichloro-2-methoxy-, compd with N-methylmethanamine (1:1); Mecoprop, dimethylamine salt; 2,4-D, dimethylamine salt.
000270-00319AEH Super Concentrate Weed, Grass and Brush KillerGlufosinate.
000432-00552Pramex 57% Manufacturing ConcentratePermethrin.
000432-00786Permanone 40% EC LPIPermethrin.
000432-01076Permanone 40 EC AlternatePermethrin.
000432-01133Permanone 3.4 E.CPermethrin.
000432-01141Permanone EightyPermethrin.
000538-00218Scotts Lawn Pro Lawn Weed Control Plus FertilizerMCPA (and salts and esters) Mecoprop (and salts and esters).
000538-00222Scott's Lawn Pro Weed N' 'FeedMCPA (and salts and esters) Mecoprop (and salts and esters).
001022-00476Chapman PQ-8Copper, bis.
001022-00490PQ-57Copper, bis.
001022-00491PQ-15 RTU Clear Wood PreservativeCopper, bis.
001022-00492PQ-20Copper, bis.
001022-00493PQ-15Copper, bis.
001022-00503PQ-7Copper, bis.
001022-00504PQ-56 RTUCopper, bis.
001022-00505PQ-20 R-T-U Wood PreservativeCopper, bis.
002382-00128Duocide L.A. IGRMGK 264. Piperonyl butoxide. Pyrethrins. Permethrin. Pyriproxyfen.
002596-00119Hartz Rabon Flea and Tick Dip for Dogs and CatsGaradona (cis-isomer).
004822-00512Raid 260POSodium chlorite.
007424-00009Jasco Termin-8 H2O Clear Wood PreservativeZinc naphthenate.
008660-00178Golden Vigoro Moss Control Plus Lawn FertilizerFerrous sulfate monohydrate.
008660-00205Koos Moss Control 16-2-4Ferrous sulfate monohydrate.
008660-00248Lawn Food 10-4-6 Plus Moss KillerFerrous sulfate monohydrate.
008848-00038Black Jack Home & Garden #11 Multi-Purpose Insect SprayPhenothrin. Tetramethrin.
009499-00001Oxalis/Spurge XAmmonium thiosulfate.
010806-00105Pro/Pak Shure Shot Wasp & Hornet SprayPhenothrin. Tetramethrin.
013283-00013Rainbow Wasp & Ant SprayBioallethrin.
033660-00003Trifluralin TechnicalTrifluralin.
040849-00052Enforcer Wasp & Hornet Killer XIPhenothrin. Tetramethrin.
062719-00619Oxyfluorfen TechnicalOxyfluorfen.
062719-00620Oxyfluorfen 4 SC HerbicideOxyfluorfen.
066330-00068NutrapicChloropicrin.
066330-00264Sutan + 6.7EButylate.
073049-00258Neopynamim TechnicalTetramethrin.
073510-00008Marketquest One Drop Flea & Tick Control-2Permethrin.
082498-00005Glyphosate TechnicalGlyphosate.
083933-00001Bioguard PasteSodium fluoride. Boric acid.
ID960006Fyfanon ULVMalathion.
LA000004Fyfanon ULVMalathion.
LA040013Penncap-M, Microencapsulated InsecticideMethyl parathion.
NJ950003Fyfanon ULVMalathion.
NV960001Fyfanon ULVMalathion.
Start Printed Page 4694

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 this unit.

Table 2—Registrants Requesting Voluntary Cancellation

EPA Company No.Company name and address
121Spectrum, a div. of United Industries Corp., P.O. Box 142642 St. Louis, MO 63114-0642.
192Value Gardens Supply, LLC, P.O. Box 585, Saint Joseph, MO 64052.
239Scotts Company, The, D/B/A The Ortho Group, P.O. Box 190, Marysville, OH 43040.
270Farnam Companies, Inc., D/B/A Central Life Sciences, 301 West Osborn Road, Phoenix, AZ 85013.
432Bayer Environmental Science, 2 T. W. Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709.
538Scotts Company, The, 14111 Scottslawn Road, Marysville, OH 43041.
1022IBC Manufacturing Co., 416 E. Brooks Rd., Memphis, TN 38109.
2382Virbac AH, Inc., 13001 St. Charles Rock Road, Bridgeton, MO 63044.
2596Hartz Mountain Corporation, The, 400 Plaza Drive, Secaucus, NJ 07094.
4822S.C. Johnson & Son, Inc., 1525 Howe St., Racine, WI 53403.
7424Jasco Chemical Corporation, 200 Westerly Road, Bellingham, WA 98226.
8660United Industries Corp., D/B/A Sylorr Plant Corp., P.O. Box 142642, St. Louis, MO 63114-0642.
8848Safeguard Chemical Corp., 411 Wales Ave., Bronx, NY 10454.
9499National Chelating Company, 8203 West 20th St., Suite A, Greeley, CO 80634-4696.
10806Contact Industries, Div. of Safeguard Chemical Corp., 411 Wales Ave., Bronx, NY 10454.
13283Rainbow Technology Corporation, 8203 West 20th St., Suite A, Greeley, CO 80634-4696.
33660Industria Prodotti Chimici S.P.A., 122 C St., NW., Suite 740, Washington, DC 20001.
40849ZEP Inc., 1310 Seaboard Industrial Blvd., NW., Atlanta, GA 30318.
62719Dow AgroSciences LLC, 9330 Zionsville Road, 308/2E, Indianapolis, IN 46268-1054.
66330Arysta Lifescience North America, LLC, 155401 Weston Parkway, Suite 150, Cary, NC 27513.
73049Valent BioSciences Corporation, 870 Technology Way, Suite 100, Libertyville, IL 60048-6316.
73510Marketquest, Inc., Agent: Registrations By Design, Inc., P.O. Box 1019, Salem, VA 24153-3805.
82498Agri Packaging & Logistics, Inc., 2509 South Frontage Road, Sardis, MS 38666.
83933Preschiem Pty. Ltd., 12733 Director's Loop, Woodbridge, VA 22192.
ID960006, LA000004, NJ950003, NV960001Cheminova, Inc. Washington Office, 1600 Wilson Boulevard, Suite 700, Arlington, VA 22209.
LA040013United Phosphorus, Inc., 630 Freedom Business Center, Suite 402, King of Prussia, PA 19406.

III. 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. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register.

Section 6(f)(1)(B) of FIFRA requires that before acting on a request for voluntary cancellation, EPA must provide a 30-day public comment period on the request for voluntary cancellation or use termination. In addition, FIFRA section 6(f)(1)(C) requires that EPA provide a 180-day comment period on a request for voluntary cancellation or termination of any minor agricultural use before granting the request, unless:

1. The registrants request a waiver of the comment period, or

2. The EPA Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment.

The registrants in Table 2 of Unit II. have requested that EPA waive the 180-day comment period. Accordingly, EPA will provide a 30-day comment period on the proposed requests.

IV. Procedures for Withdrawal of Request

Registrants who choose to withdraw a request for cancellation should submit such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT. If the products have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling.

V. Provisions for Disposition of Existing Stocks

Existing stocks are those stocks of registered pesticide products that are currently in the United States and that were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. Because the Agency has identified no significant potential risk concerns associated with these pesticide products, upon cancellation of the products identified in Table 1 of Unit II., EPA anticipates allowing registrants to sell and distribute existing stocks of these products for 1 year after publication of the Cancellation Order in the Federal Register. Thereafter, registrants will be prohibited from selling or distributing the pesticides identified in Table 1 of Unit II., except for export consistent with FIFRA section 17 or for proper disposal. Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such 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.

Start List of Subjects

List of Subjects

End List of Subjects Start Signature

Dated: January 11, 2011.

Richard P. Keigwin, Jr.,

Director, Pesticide Re-evaluation Division, Office of Pesticide Programs.

End Signature End Supplemental Information

[FR Doc. 2011-1666 Filed 1-25-11; 8:45 am]

BILLING CODE 6560-50-P