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Published Document: 2014-05388 (79 FR 14247)
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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 November 20, 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 November 20, 2013 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. However, the Agency did receive notice via letter dated December 18, 2013 from the registrant Nufarm Americas Inc. to withdraw their voluntary cancellation request for products EPA Reg. Nos. 33688-2 (Nufarm S.A. Technical Butralin) and EPA Reg. No. 33688-4 (Tamex 3EC). Accordingly, EPA hereby issues in this notice a cancellation order granting the requested withdrawals and 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. In addition, for pertinent information relating to the pesticide registrations for ME030004 and ME980001 as published in the November 20, 2013 notice, see Unit II. of this notice.
DATES:
The cancellations are effective March 13, 2014.
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
( printed page 14248)
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.
The Agency also received notice via letter dated December 18, 2013 from the registrant Nufarm Americas Inc. to withdraw their voluntary cancellation request for products EPA Reg. No. 33688-2 (Nufarm S.A. Technical Butralin) and EPA Reg. No. 33688-4 (Tamex 3EC). Thus, these registrations have been removed from this cancellation order notice. In addition, pesticide registration numbers ME030004 and ME980001 and its contents have been removed from the listing in Table 1. EPA inadvertently listed the pesticide product names Glypro and RH-5992 2F Experimental Insecticide for pesticide registration numbers ME030004 and ME980001, respectively, in the
Federal Register
of November 20, 2013 (78 FR 69666) (FRL 9902-40). Therefore, this action excludes pesticide registration numbers ME030004 and ME980001 from cancellation at this time. EPA will reissue pesticide product numbers ME030004 and ME980001 for voluntary cancellation in a future
Federal Register
notice.
Table 1—Product Cancellations
EPA Registration No.
Product name
Chemical name
000264-00619
Desmedipham Technical
Desmedipham.
000264-00620
Betanex Herbicide
Desmedipham.
000264-00621
Betamix Herbicide
Phenmedipham, Desmedipham.
000264-00632
Betamix Progress
Phenmedipham, Desmedipham, Ethofumesate.
000264-00640
TPTH Technical
Fentin hydroxide.
000264-00780
Fenhexamid 50 WDG
Fenhexamid.
000264-00785
Fenhexamid Technical
Fenhexamid.
000264-00851
Betanal Forte
Phenmedipham, Desmedipham.
000264-00853
Betanal Compact
Desmedipham.
000264-00854
Betanal Power Herbicide
Phenmedipham, Desmedipham, Ethofumesate.
000270-00348
Adams Caniderm Mist
MGK 264, Piperonyl Butoxide, Pyrethrins (NO INERT USE).
Alkyl* dimethyl benzyl ammonium chloride *(61% C12, 23% C14, 11% C16, 2.5% C18 2.5% C10 and trace of C8), Alkyl* dimethyl benzyl ammonium chloride *(50%C14, 40%C12, 10%C16), 1-Decanaminium, N-decyl-N,N-dimethyl-, chloride and Tributyltin oxide (NO INERT USE).
061282-00058
Tributyl Tin Oxide
Tributyltin Oxide (NO INERT USE).
062719-00299
Frontrow
Cloransulam-methyl, Flumetsulam.
070506-00086
Agvalue Desmedipham
Desmedipham.
070506-00087
DES
Desmedipham.
CA-040025
Riverdale Endurance Herbicide
Prodiamine.
MN-010003
Treflan H.F.P.
Trifluralin.
MN-100004
Treflan H.F.P.
Trifluralin.
WA-010015
Betamix Herbicide
Phenmedipham, Desmedipham.
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.
Table 2—Registrants of Canceled Products
EPA Company No.
Company name and address
264 WA-010015
Bayer CropScience LP, 2 T.W. Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709.
270
Farnam Companies, Inc., 301 West Osborn Road, Phoenix, AZ 85013.
432
Bayer Environmental Science, A Division of Bayer CropScience LP, 2 T.W. Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709.
2724
Wellmark International, 1501 E. Woodfield Road, Suite 200 West, Schaumburg, IL 60173.
4787
Cheminova A/ S, Agent: Cheminova Inc., 1600 Wilson Blvd. Suite 700, Arlington, VA 22209.
5481
Amvac Chemical Corporation, 4695 MacArthur Court, Suite 1250, Newport Beach, CA 92660.
5785
Great Lakes Chemical Corporation, (A Chemtura Company), 1801 Highway 52 West, P.O. Box 2200, West Lafayette, IN 47906.
10163
Gowan Company, P.O. Box 5569, Yuma, AZ 85366.
10466
Thomson Research Associates, Agent: Laird's Regulatory Consultants Inc., Shenstone Est. 17804 Braemar Pl., Leesburg, VA 20176-7046.
United Phosphorus, Inc., 630 Freedom Business Center, Suite 402, King of Prussia, PA 19406.
CA-040025
Nufarm SA, Agent: Nufarm Americas, Inc., 4020 Aerial Center Pkwy. Suite 101, Morrisville, NC 27560.
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 November 20, 2013
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 the subject of this notice is March 13, 2014. 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
( printed page 14250)
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 November 20, 2013 (78 FR 69666) (FRL-9902-40). The comment period closed on December 20, 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.
A. For Products (044446-00077 and 044446-00078)
The registrant may continue to sell and distribute existing stocks of these products listed in Table 1 of Unit II. until September 9, 2015. Thereafter, the registrant is 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 canceled products.
B. For Product (000264-00621)
The registrant may continue to sell and distribute existing stocks of this product listed in Table 1 of Unit II. until November 20, 2018. Thereafter, the registrant is prohibited from selling or distributing product listed in Table 1, except for export in accordance with FIFRA section 17, or proper disposal. Persons other than the registrant may sell, distribute, or use existing stocks of product 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 product.
C. 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 March 13, 2015, 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 canceled products.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: March 5, 2014.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs.