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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 Tables 1, 2, and 3 of Unit II., pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a May 4, 2011
Federal Register
Notice of Receipt of Requests from the registrants listed in Table 4 of Unit II. to voluntarily cancel these product registrations. In the May
( printed page 40360)
4, 2011 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.
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 124 products registered under FIFRA section 3. These registrations are listed in sequence by registration number in Tables 1, 2, and 3 of this unit.
Table 2—Cancellations of Registrations Containing Methyl Bromide
EPA registration number
Product name
Chemical name
003377-00009
Methyl Bromide Technical
Methyl bromide.
005785-00023
Terr-O-Gas 45
Chloropicrin.
Methyl bromide.
008622-00040
57-43 Preplant Soil Fumigant
Methyl bromide.
Chloropicrin.
008622-00044
80-20 Preplant Soil Fumigant
Methyl bromide.
Chloropicrin.
Table 3 contains a list of registrations for which companies paying at one of the maintenance fee caps requested cancellation in the FY 2011 maintenance fee billing cycle. Because maintaining these registrations as active would require no additional fee, the Agency is treating these requests as voluntary cancellations under 6(f)(1).
Table 3—Cancellations of Products Due to Non-Payment of Maintenance Fees
EPA registration No.
Product name
Chemical name
000400-00069
B-Nine
Daminozide.
000400-00500
Floramite Ls
Bifenazate.
000400-00501
Floramite GN
Bifenazate.
006836-00022
Lonza Disinfectant Cleaner (30-3)
1-Decanaminium,
N
-decyl-
N,N
-dimethyl-, chloride.
006836-00027
Lonza Disinfectant Cleaner (47-5)
1-Decanaminium,
N
-decyl-
N,N
-dimethyl-, chloride.
006836-00034
Lonza Formulation 71-30
1-Decanaminium,
N
-decyl-
N,N
-dimethyl-, chloride.
1-Octanaminium,
N,N
-dimethyl-
N
-octyl-, chloride.
1-Decanaminium,
N,N
-dimethyl-
N
-octyl-, chloride.
006836-00037
Lonza Formulation 68-16
1-Decanaminium,
N
-decyl-
N,N
-dimethyl-, chloride.
1-Octanaminium,
N,N
-dimethyl-
N
-octyl-, chloride.
1-Decanaminium,
N,N-
dimethyl-
N
-octyl-, chloride.
006836-00072
Lonza Formulation S-37
1-Decanaminium,
N
-decyl-
N,N
-dimethyl-, chloride.
1-Octanaminium,
N,N
-dimethyl-
N
-octyl-, chloride.
1-Decanaminium,
N,N
-dimethyl-
N
-octyl-, chloride.
Alkyl* dimethyl benzyl ammonium chloride *(50%C14,
40%C12, 10%C16).
Hydrochloric acid.
1-Decanaminium,
N
-decyl-
N,
N-dimethyl-, chloride.
047371-00184
HS-210 Sap Stain Control
1-Decanaminium,
N
-decyl-
N,N
-dimethyl-, chloride.
073049-00360
Tralex FA 3.75% EC
Tralomethrin.
073049-00401
Tralex MUP
Tralomethrin.
073049-00459
Ultra TEC DS Yard and Patio Spray
S-Bioallethrin.
Deltamethrin.
CA780167
Comite Agricultural Miticide
Propargite.
CA940008
Omite-30WS Agricultural Miticide
Propargite.
DE040003
Acramite 50WS
Bifenazate.
ID070010
Acramite-4SC
Bifenazate.
ID070013
Acramite-4SC
Bifenazate.
ID910015
Comite Agricultural Miticide
Propargite.
ID940011
Comite Agricultural Miticide
Propargite.
ID910015
Comite Agricultural Miticide
Propargite.
KS950001
Comite II
Progargite.
MT900001
Comite Agricultural Miticide
Propargite.
ND050005
Dimilin 2l
Diflubenzuron.
NV870009
Comite Agricultural Miticide
Propargite.
OR080010
Comite Agricultural Miticide
Propargite.
OR080015
Comite
Propargite.
OR080029
Acramite-4SC
Bifenazate.
OR080030
Acramite-4SC
Bifenazate.
SC910003
Comite Agricultural Miticide
Propargite.
TN080006
Temprano
Abamectin.
TX940006
Comite II
Propargite.
UT960006
Comite Agricultural Miticide
Propargite.
WA040020
Comite—Potato SLN
Propargite.
WA080009
Acramite-4SC
Bifenazate.
( printed page 40364)
WA080011
Acramite-4SC
Bifenazate.
WA870029
Comite Agricultural Miticide
Propargite.
WA910033
Comite Agricultural Miticide
Propargite.
Table 4 of this unit includes the names and addresses of record for all registrants of the products in Tables 1, 2, and 3 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 Tables 1, 2, and 3 of this unit.
Table 4—Registrants of Cancelled Products
EPA Company No.
Company name and address
56
Eaton JT and Company Inc, 1393 E. Highland Road, Twinsburg, OH 44087.
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 May 4, 2011
Federal Register
notice announcing the Agency's receipt of the requests for voluntary cancellations of products listed in Tables 1, 2, and 3 of Unit II.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested cancellations of the registrations identified in Tables 1, 2, and 3 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Tables 1, 2, and 3 of Unit II are cancelled. The effective date of the cancellations that are the subject of this notice is July 8, 2011. Any distribution, sale, or use of existing stocks of the products identified in Tables 1, 2, and 3 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 cancelled 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
of May 4, 2011 (76 FR 25334) (FRL-8870-5). The comment period closed on June 3, 2011.
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. Registrations Listed in Table 1 of Unit II Except Nos. 000056-00056 and 000056-00069
The Agency anticipates allowing registrants to sell and distribute existing stocks of these products until July 9, 2012. Thereafter, registrants will be
( printed page 40365)
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 are 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 cancelled products.
B. Registration Nos. 000056-00056 and 000056-00069
All sale or distribution of existing stocks by the registrants is prohibited after July 8, 2011, except for export consistent with FIFRA section 17 or for proper disposal. Persons other than registrants are 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 cancelled products.
C. Registrations Listed in Table 2 of Unit II
All sale or distribution of existing stocks by the registrants is prohibited after July 8, 2011, unless that sale or distribution is solely for the purpose of facilitating disposal or export of the products.
Existing stocks may be sold and distributed by persons other than the registrant until November 7, 2011. Existing stocks may be used until exhausted, provided that such use complies with the EPA-approved label and labeling of the products.
D. Registrations Listed in Table 3 of Unit II
Registrants are allowed to sell and distribute existing stocks of these products until January 15, 2012, 1 year after the date on which the maintenance fee was due. Thereafter, registrants will be prohibited from selling or distributing the pesticides identified in Table 3 of Unit II., except for export consistent with FIFRA section 17 or for proper disposal. Persons other than registrants are 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 cancelled products.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: June 29, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs.