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The cancellations are effective September 20, 2013.
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Published Document: 2013-22847 (78 FR 57850)
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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 the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a June 12, 2013
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 June 12, 2013
Federal Register
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 received two comments on the June 12, 2013
Federal Register
notice but only one merited its further review of the requests. 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 20, 2013.
FOR FURTHER INFORMATION CONTACT:
John W. Pates, Jr., Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 308-8195; email address:
pates.john@epa.gov.
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.
B. How can I get copies of this document and other related information?
The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2009-1017 is available at
http://www.regulations.gov
or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at
http://www.epa.gov/dockets.
II. What action is the Agency taking?
This notice announces the cancellation, as requested by registrants, of 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
EPA Registration No.
Product name
Chemical name
000100-01104
Tralkoxydim Technical
Tralkoxydim.
000100-01130
Achieve SC Herbicide
Tralkoxydim.
000192-00163
Dexol Rose & Floral Insect Killer
Piperonyl butoxide, Pyrethrins (no inert use).
000192-00198
Dexol Multipurpose Insect Spray
Permethrin.
000192-00222
Allpro Permeththrin ICG .5%
Permethrin.
000239-02709
Ortho MAT28S RTU
Aminocyclopyrachlor.
000239-02710
Ortho MAT28N RTU
Aminocyclopyrachlor.
000239-02711
Ortho MAT28NS Conc
Aminocyclopyrachlor.
000239-02712
Ortho MAT28N Combo
Aminocyclopyrachlor, Dicamba, Quinclorac.
000239-02713
Ortho MAT28N Combo Concentrate
Aminocyclopyrachlor, Dicamba, Quinclorac.
000264-01028
Mepiquat Chloride Technical Plant Regulator
Mepiquat chloride.
000499-00465
Pro-Control Fogger II
MGK 264, Piperonyl butoxide, Pyrethins (no inert use).
000538-00319
Ortho MAT28N Combo Concentrate
Aminocyclopyrachlor.
000538-00320
Scotts 65 MAT Weed & Feed
Aminocyclopyrachlor.
000538-00321
Scotts 55 MAT Weed & Feed
Aminocyclopyrachlor.
000538-00322
Scotts 60 MAT Weed & Feed
Aminocyclopyrachlor.
000577-00541
Cuprinol Wood Preservative Green No. 10
Copper naphthenate.
001021-01060
D-trans Allethrin 90% Concentrate
d-trans-Chrysanthemum monocarboxylic ester of dl-2-allyl-4-hydoroxy-3-methyl-2-cylopenten-1-one.
001021-01128
D-trans Intermediate 1868
d-trans-Chrysanthemum monocarboxylic ester of dl-2-allyl-4-hydoroxy-3-methyl-2-cylopenten-1-one, MGK 264, Piperonyl butoxide.
001021-01550
Evercide Intermediate 2416
d-trans-Chrysanthemum monocarboxylic ester of dl-2-allyl-4-hydoroxy-3-methyl-2-cylopenten-1-one, MGK 264, Permethrin.
001021-01575
Evercide Intermediate 2491
d-trans-Chrysanthemum monocarboxylic ester of dl-2-allyl-4-hydoroxy-3-methyl-2-cylopenten-1-one, MGK 264 Piperonyl butoxide, Esfenvalerate.
001021-01594
Evercide Residual Pressurized Spray 2523
d-trans-Chrysanthemum monocarboxylic ester of dl-2-allyl-4-hydoroxy-3-methyl-2-cylopenten-1-one, MGK 264, Piperonyl butoxide, Esfenvalerate.
001021-01607
Evercide Residual Pressurized Spray 2581
d-trans-Chrysanthemum monocarboxylic ester of dl-2-allyl-4-hydoroxy-3-methyl-2-cylopenten-1-one, MGK 264, Permethrin.
005481-00130
Fruit Fix Concentrate 800
Ammonium 1-naphthaleneacetate.
( printed page 57851)
005481-00459
Prune Smart Sprout Inhibitor
Ethyl 1-naphthaleneacetate.
005481-00496
Snaap-2
Potassium 1-naphthaleneacetate.
005481-00497
Snaap-8
Potassium 1-naphthaleneacetate.
009779-00298
Riverside Copper Hydroxide 77DF
Copper hydroxide.
010163-00293
GWN-3771 Technical Herbicide
Thifensulfuron.
010163-00294
GWN-3124 WDG Herbicide
Thifensulfuron.
010163-00299
GWN-3125 WDG Herbicide
Tribenuron-methyl.
010163-00300
GWN-3123 WDG Herbicide
Tribenuron-methyl, Thifensulfuron.
010807-00436
Konk Insect Killer
d-trans-Chrysanthemum monocarboxylic ester of dl-2-allyl-4-hydroxy-3-methyl-2-cyclopenten-1-one, MGK 264, Permethrin.
Piperonyl butoxide, Rotenone, Cube Resins other than rotenone.
082397-00003
Powdered Cube Root
Rotenone, Cube Resins other than rotenone.
086363-00014
KT Propicon 3.6EC
Propiconazole.
MN070006
Chem Sect Brand Chem Fish Synergized
Piperonyl butoxide, Rotenone, Cube Resins other than rotenone.
OR910030
K-Salt Fruit Fix 200
Potassium 1-naphthaleneacetate.
OR910031
K-Salt Fruit Fix 800
Potassium 1-naphthaleneacetate.
WA050004
Fruitone-N
Sodium 1-naphthaleneacetate.
WA910050
K-Salt Fruit Fix 200
Potassium 1-naphthaleneacetate.
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.
Kaizen Technologies, LLC, Agent: Lighthouse Product Services, 1966 W 15th St., Suite 6, Loveland, CO 80538.
III. Summary of Public Comments Received and Agency Response to Comments
The Agency received two comments on the voluntary cancellation notice but only one merited its further review of the requests. The one comment the Agency received that merited further review of the requests was a comment regarding the request for voluntary cancellation of tralkoxydim registrations. The comment was submitted by Dow AgroSciences Canada Inc. (DASCI), and requested that, as a result of DASCI's interests in Canada, the EPA retain the U.S. tolerances that currently exist for tralkoxydim for import purposes. The comment submitted by DASCI does not impact the Agency's decision to grant the request for voluntary cancellation of the tralkoxydim registrations. EPA is not proposing any tolerance actions for tralkoxydim at this time. If any tolerance actions are necessary in the future, there will be an announcement in the
Federal Register
and there will be a public comment period on the proposed action. For these reasons, the Agency does not believe that the comments submitted during the comment period merit further review or
( printed page 57852)
a denial of the requests for voluntary cancellation.
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 the subject of this notice is September 20, 2013. 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 June 12, 2013 (78 FR 35268) (FRL-9388-5). The comment period closed on July 12, 2013.
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.
1. For Products 000100-01104 and 000100-01130 identified in Table 1 of Unit II.:
Thereafter, registrants will be prohibited from selling or distributing the products 000100-0114 and 000100-01130 identified in Table 1 of Unit II., except for export in accordance with FIFRA section 17, or proper disposal.
The registrant may continue to sell and distribute the existing stocks of these products until November 1, 2014. Persons other than the registrant may sell, distribute, or use existing stocks of these products 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.
2. For all other products identified in Table 1 of Unit II.:
The registrants may continue to sell and distribute existing stocks of products listed in Table 1 of Unit II., until September 22, 2014, 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 of Unit II., 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 canceled products.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: September 13, 2013.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs.