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Published Document: 2015-13513 (80 FR 31596)
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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 III., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 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 June 3, 2015.
FOR FURTHER INFORMATION CONTACT:
Joseph Nevola, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 308-8037; email address:
nevola.joseph@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), West William Jefferson Clinton 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 is the agency's authority for taking this action?
Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) 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.
III. What action is the agency taking?
This notice announces the cancellation, as requested by registrants, of products registered under FIFRA section 3 (7 U.S.C. 136a). 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
000279-09556
Intruder Residual Cylinder with Cyfluthrin
Piperonyl butoxide, Pyrethrins, and Cyfluthrin.
000769-00881
Pratt 25-5 ULV Mosquito Adulticide Concentrate
Pyrethrins and Piperonyl butoxide.
002693-00214
Micron Extra P-Blue
Tolylfluanid and Cuprous oxide.
002693-00215
Ultra P-Blue
Cuprous oxide and Tolylfluanid.
002724-00779
Permethrin Plus Home and Carpet Spray
Permethrin, MGK 264, and Pyriproxyfen.
004787-00043
Malathion Technical
Malathion.
004787-00046
Atrapa 8E
Malathion.
005382-00046
Chlorite Plus CD-2
Sodium chlorite.
005481-00350
Metam Sodium
Metam sodium.
005481-00418
Metam Sodium Soil Fumigant For All Crops
Metam sodium.
005481-00420
AMVAC Metam
Metam sodium.
005481-00446
Metacide 42
Metam sodium.
007969-00081
Pyramin DF Herbicide
Pyrazon.
007969-00108
Pyramin Super Herbicide
Pyrazon.
010088-00097
Insect Repellent Towel
MGK 264, MGK 326, and Diethyl toluamide.
010163-00174
Fireban Fire Ant Insecticide
Phosmet.
( printed page 31597)
010163-00224
Ambush 0.5% Bait
Permethrin.
011603-00045
Nitrapyrin Technical
Nitrapyrin.
021164-00003
DURA KLOR
Sodium chlorite.
021164-00005
AKTA KLOR 80
Sodium chlorite.
035559-00002
Diesel STA-BIL
1,3,2-Dioxaborinane, 2,2'-((1-methyl-1,3-propanediyl) bis(oxy))bis(4-methyl- and 1,3,2-Dioxaborinane, 2,2'-oxybis(4,4,6-trimethyl-.
Sodium acifluorfen and Glyphosate-isopropylammonium.
073801-00001
Deltamethrin Technical
Deltamethrin.
073801-00003
Sulfentrazone Technical
Sulfentrazone.
073801-00004
Deltamethrin 4.75% SC
Deltamethrin.
089118-00001
VCP-01 10WG
Bifenthrin.
CA-090010
Ethrel Brand Ethephon Plant Regulator
Ethephon.
HI-840004
AMCHEM Ethrel Pineapple Growth Regulator
Ethephon.
MA-090002
B-CAP 35 Antimicrobial Agent
Hydrogen peroxide.
PA-080004
B-CAP 50 Antimicrobial Agent
Hydrogen peroxide.
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.
Makhteshim Agan Of North America, Inc., 3120 Highwoods Blvd., Suite 100, Raleigh, NC 27604.
69361
Repar Corporation, Agent: Mandava Associates, LLC, 1050 Conn. Ave. NW., Suite 1000, Washington, DC 20036.
69461
Laboratoire Pareva, Agent: Technology Sciences Group Inc., 1150 18th Street NW., Suite 1000, Washington, DC 20036.
71368
Nufarm Inc., Agent: Nufarm Americas, Inc., 4020 Aerial Center Parkway, Suite 101, Morrisville, NC 27560.
( printed page 31598)
71995
Monsanto Company, 1300 I Street NW., Suite 450 East, Washington, DC 20005.
73801
Tagos Chemicals India, LTD., Agent: Biologic, Inc., 115 Obtuse Hill Road, Brookfield, CT 06804.
89118
Vive CorpProtection, Inc., Agent: OMC Ag Consulting, 828 Tanglewood Ln., East Lansing, MI 48823.
CA-090010, HI-840004
Bayer CropScience, LP, 2 T.W. Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709.
MA-090002, PA-080004
PeroxyChem, LLC, 2005 Market Street, Suite 3200, Philadelphia, PA 19103.
This cancellation order follows a notice of receipt of voluntary cancellation requests received from the registrants that issued in the
Federal Register
of March 12, 2015 (80 FR 12996) (FRL-9923-27). In the March 2015 document, 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.
IV. Summary of Public Comments Received and Agency Response to Comments
The comment period closed on April 13, 2015. EPA received three comments. The comments agreed with the product cancellations. For this reason, the Agency does not believe that the comments submitted during the comment period merit further review or a denial of the requests for voluntary cancellation.
Further, the registrants did not withdraw their requests.
V. Cancellation Order
Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby approves the requested cancellations of the registrations identified in Table 1 of Unit III. Accordingly, the Agency hereby orders that the product registrations identified in Table 1 of Unit III. are canceled. The effective date of the cancellations that are the subject of this order is June 3, 2015. Any distribution, sale, or use of existing stocks of the products identified in Table 1 of Unit III. 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.
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 (069361-00030, 073801-00003, and 089118-00001)
The registrants have indicated to the Agency via written response that there are no existing stocks because no production has ever occurred. Therefore, no existing stocks date is necessary. Registrants are prohibited from selling or distributing the existing stocks of products listed in Table 1 of Unit III., except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. In addition, because no production has ever occurred, persons other than the registrants are prohibited from selling, distributing, or using the existing stocks.
B. For the Product (010163-00174)
The registrant has indicated to the Agency via written response that they will not sell or distribute any existing stocks after December 31, 2014, and as of that date will no longer have any current stock. Therefore, no existing stocks date for the registrant is necessary. The registrant is prohibited from selling or distributing existing stocks of the product listed in Table 1 of Unit III., except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Persons other than the registrant may sell, distribute, or use the 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 product.
C. For Products (059639-00028, 059639-00086, and 059639-00089)
Since the notice in the
Federal Register
of March 12, 2015 (80 FR 12996) (FRL-9923-27), EPA received clarification from the registrant which indicates that the manufacture and distribution for these products ended about 6 to 7 years ago. Therefore, no existing stocks date is necessary for the registrant. The registrant is prohibited from selling or distributing the existing stocks of products listed in Table 1 of Unit III., except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. In addition, because 6 to 7 years has passed, the Agency believes that existing stocks have been exhausted and no existing stocks date is necessary for persons other than the registrant. Persons other than the registrant are prohibited from selling, distributing, or using the existing stocks.
D. For All Other Products Identified in Table 1 of Unit III
The registrants may continue to sell and distribute existing stocks of products listed in Table 1 of Unit III. until June 2, 2016, which is 1 year after the publication of this Cancellation Order in the
Federal Register
. Thereafter, the registrants are prohibited from selling or distributing products listed in Table 1 of Unit III. except for export in accordance with FIFRA section 17 (7 U.S.C. 136o), or proper disposal. Persons other than the registrants may sell, distribute, or use existing stocks of products listed in Table 1 of Unit III. 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.