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The cancellations are effective as provided in Unit VI.
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Published Document: 2012-10436 (77 FR 26004)
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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 through 4 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 February 22, 2012,
Federal Register
Notice of Receipt of Requests from the registrants listed in Table 5 of Unit II. to voluntarily cancel these product registrations. In the February 22, 2012, 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 as provided in Unit VI.
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
( printed page 26005)
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 40 products registered under FIFRA section 3 or 24(c). These registrations are listed in sequence by registration number in Tables 1 through 4 of this unit.
Table 1—Product Registrations With Pending Requests for Cancellation
Table 2—Registrations for Products Containing Fenarimol With Pending Requests for Cancellation
Registration No.
Product name
Chemical name
010163-00273
Rubigan E.C.
Fenarimol.
010163-00274
Rubigan A.S. Turf and Ornamental
Fenarimol.
010163-00275
Rubigan A.S.
Fenarimol.
010163-00276
Rubigan Technical
Fenarimol.
010163-00290
Riverdale Patchwork
Fenarimol.
010163-00302
Fenarimol Technical
Fenarimol.
OR030037
Rubigan E.C.
Fenarimol.
Table 3—Registrations for Products Containing Chloroneb With Pending Requests for Cancellation
Registration No.
Product name
Chemical name
002217-00692
Gordon's Professional Turf Products Teremec SP Turf Fungicide
Chloroneb.
009198-00182
Andersons Golf Products Fungicide V
Chloroneb.
009198-00204
Andersons Golf Products Fungicide IX
Chloroneb, Thiophanate-methyl.
Table 4—Registrations for Products Containing Pentachloronitrobenzene (or PCNB) With Pending Requests for Cancellation
Registration No.
Product name
Chemical name
005481-00279
PCNB 75% Wettable Powder
Pentachloronitrobenzene.
005481-00419
PCNB 75W Turf and Ornamental Soil Fungicide
Pentachloronitrobenzene.
005481-00438
80% PCNB
Pentachloronitrobenzene.
005481-00441
PCNB 75 DG
Pentachloronitrobenzene.
005481-00453
PCNB 75 WSP
Pentachloronitrobenzene.
005481-00457
Turfpro WSP Turf & Ornamental Soil Fungicide
Pentachloronitrobenzene.
005481-08981
Terraclor 75% Wettable Powder
Pentachloronitrobenzene.
005481-08983
Terrachlor Technical
Pentachloronitrobenzene.
005481-08990
Terrachlor 90% Dust Concentrate
Pentachloronitrobenzene.
005481-08996
Terrazan PCNB Technical 99%
Pentachloronitrobenzene.
005481-08999
Terrachlor Technical 96
Pentachloronitrobenzene.
005481-09034
Gustafson Terrachlor 80% Dust Concentrate
Pentachloronitrobenzene.
005481-09036
RTU PCNB Seed Protectant
Pentachloronitrobenzene.
005481-09037
Gustafson Apron-Terrachlor Dust Seed Treatment
Pentachloronitrobenzene Metalaxyl.
005481-09038
Terra-Coat WP
Pentachloronitrobenzene.
( printed page 26006)
Table 5 of this unit includes the names and addresses of record for all registrants of the products in Tables 1 through 4 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 through 4 of this unit.
Table 5—Registrants With Pending Requests for Cancellation
EPA Company No.
Company name and address
2217
PBI/Gordon Corp., 1217 West 12th Street, P.O. Box 014090, Kansas City, MI 64101.
4787
Cheminova A/S, Agent: Cheminova, Inc., 1600 Wilson Blvd., Suite 700, Arlington, VA 22209.
5481
Amvac Chemical Corporation, 4695 MacArthur Court, Suite 1200, Newport Beach, CA 92660-1706.
5905
Helena Chemical Co., Agent Helena Products Group, 7664 Smythe Farm Road, Memphis, TN 38120.
Waterbury Companies, Inc., Agent: FMC Corporation, 1101 Penn. Avenue NW., Suite 325, Washington, DC 20004.
10163; OR030037
Gowan Company, P.O. Box 5569, Yuma, AZ 85366.
10807
Amrep, Inc., 990 Industrial Park Drive, Marietta, GA 30062.
28293
Phaeton Corporation, Agent: Registrations By Design, Inc., P.O. Box 1019, Salem, VA 24153.
66222
Makhteshim-Agan of North America, Inc., Agent: Pyxis Regulatory Consulting, Inc., 4110 136th Street NW., Gig Harbor, WA 98332.
67760
Cheminova, Inc., Agent: Cheminova, Inc., 1600 Wilson Blvd., Suite 700, Arlington, VA 22209.
82542
Source Dynamics, LLC, 10039 E. Troon North Drive, Scottsdale, AZ 85262.
83851
Amitide, LLC, 21 Hubble, Irvine, CA 92618.
86068
Texcan Investments & Marketing Company, Inc., Agent: Pyxis Regulatory Consulting, Inc., 4110 136th St. NW., Gig Harbor, WA 98332.
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 February 22, 2012,
Federal Register
notice announcing the Agency's receipt of the requests for voluntary cancellations of products listed in Tables 1 through 4 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 through 4 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Tables 1 through 4 of Unit II. are cancelled. The effective date of the cancellations that are the subject of this notice can be found in Unit VI. Any distribution, sale, or use of existing stocks of the products identified in Tables 1 through 4 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
issue of February 22, 2012 (77 FR 10516) (FRL-9336-4). The comment period closed on March 23, 2012.
VI. Effective Dates of Cancellation and 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
The effective date of cancellation of these products is May 2, 2012. The registrants may continue to sell and distribute existing stocks of products listed in Table 1 of Unit II. until May 2, 2013, 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. 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 cancelled products.
B. Registrations Listed in Table 2 of Unit II
The effective date of cancellation of these products is July 31, 2013. The registrants will be allowed to sell and distribute existing stocks of products containing fenarimol until July 31, 2013. Thereafter, registrants will be prohibited from selling or distributing these pesticide products, except for export consistent with FIFRA section 17 or for proper disposal.
Persons other than the registrant will be allowed to sell and distribute existing stocks through July 31, 2015. After this date, remaining existing stocks of products containing fenarimol labeled for all uses, already in the hands of users may be used until exhausted, provided that such use complies with the EPA-approved label and labeling of the product.
C. Registrations Listed in Table 3 of Unit II Except No. 002217-00692
The effective date of cancellation of these products is May 2, 2012. The registrant will be allowed to sell and distribute existing stocks until December 31, 2013. Thereafter, registrants will be prohibited from selling or distributing these pesticide products, 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 cancelled products.
( printed page 26007)
D. Registration No. 002217-00692 Listed in Table 3 of Unit II
The effective date of cancellation of this product is December 31, 2013. The registrant may continue to sell or distribute existing stocks of chloroneb for 1 year from the date of the cancellation. Thereafter, registrants will be prohibited from selling or distributing this pesticide product, 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 cancelled products.
E. Registrations Listed in Table 4 of Unit II
The registrant is prohibited from selling or distributing the PCNB products listed in Table 4, except for export in accordance with FIFRA section 17 or for proper disposal, effective upon publication of this Cancellation Order, that is, as of May 2, 2012. Persons other than the registrant also are prohibited from selling or distributing existing stocks of products listed in Table 4, except for export in accordance with FIFRA section 17 or for proper disposal, effective upon publication of this Cancellation Order.
List of Subjects
Environmental protection
Pesticides and pests
Dated: April 25, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide Programs.