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-2015-0317, 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 action is the agency taking?
This notice announces the amendments to terminate uses, 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 Registration Amendments To Terminate Uses
EPAregistration No.
Product name
Chemical name
Uses terminated
1021-2782
Clothianidin Technical
Clothianidin
Fruiting Vegetables Crop Grouping (CG8) and Low-Growing Berry except Strawberry (CG13-07H) and retain the existing tolerances.
59639-150
V-10170 2.13SC Insecticide
Clothianidin
Fruiting Vegetables Crop Grouping (CG8) and Low-Growing Berry except Strawberry (CG13-07H) and retain the existing tolerances.
59639-152
Arena 50 WDG Insecticide
Clothianidin
Fruiting Vegetables Crop Grouping (CG8) and Low-Growing Berry except Strawberry (CG13-07H) and retain the existing tolerances.
59639-173
Clothianidin Technical Insecticide
Clothianidin
Fruiting Vegetables Crop Grouping (CG8) and Low-Growing Berry except Strawberry (CG13-07H) and retain the existing tolerances.
90963-1
Nipacide MX
Chloroxylenol
As a preservative for paints, plastics and plastic coatings, thickeners & adhesives/binders. As a disinfectant, sanitizer, deodorizer or antimicrobial agent for application to hard, non-porous surfaces in residential, health-care, institutional, food-processing and industrial facilities including animal housing facilities, veterinary clinics, farms, live-stock, swine and poultry houses. As a biocide in oil and gas exploration including enhanced recovery systems, flood water, fracturing fluids and gels, injection waters, pipelines, holding pond water, disposal well water, tubing, pressure vessels and storage tanks. As a biocide in industrial process water systems.
90963-2
Nipacide CMX
Chloroxylenol
As a preservative for paints, plastics and plastic coatings, thickeners & adhesives/binders. As a disinfectant, sanitizer, deodorizer or antimicrobial agent for application to hard, non-porous surfaces in residential, health-care, institutional, food-processing and industrial facilities including animal housing facilities, veterinary clinics, farms, live-stock, swine and poultry houses. As a biocide in oil and gas exploration including enhanced recovery systems, flood water, fracturing fluids and gels, injection waters, pipelines, holding pond water, disposal well water, tubing, pressure vessels and storage tanks. As a biocide in industrial process water systems.
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.
Table 2—Registrants of Amended Products
EPA company No.
Company name and address
1021
McLaughlin Gormley King Company, 8810 Tenth Avenue North, Minneapolis, MN 55427-4319.
59639
Valent U.S.A. Corporation, 1600 Riviera Avenue, Suite 200, Walnut Creek, CA 94596.
90963
Ortho-Clinical Diagnostics, Inc., Agent Name: Lewis & Harrison, LLC, 122 C Street NW., Suite 505, Washington, DC 20001.
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 June 10, 2015 Federal Register notice announcing the Agency's receipt of the requests for amendments to terminate uses of products listed in Table 1 of Unit II.
IV. Cancellation Order
Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby approves the requested amendments to terminate uses of clothianidin and chloroxylenol registrations identified in Table 1 of Unit II. Accordingly, the Agency orders that the product registrations identified in Table 1 of Unit II. are hereby amended to terminate the affected uses. The effective date of the amendments to terminate affected uses is July 15, 2016. 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 considered a violation of FIFRA.
V. 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. The notice of receipt for this action was published for comment in the Federal Register of June 10, 2015, (80 FR 32947) (FRL-9928-01). The comment period for chloroxylenol closed on July 10, 2015, and the comment period for clothianidin closed on January 6, 2016.
VI. Provisions for Disposition of Existing Stocks
EPA's existing stocks policy published in the Federal Register of June 26, 1991 (56 FR 29362) provides that: “If a registrant requests to voluntarily cancel a registration where the Agency has identified no particular risk concerns, the registrant has complied with all applicable conditions of reregistration, conditional registration, and data call ins, and the registration is not subject to a Registration Standard, Label Improvement Program, or reregistration decision, the Agency will generally permit a registrant to sell or distribute existing stocks for 1 year after the cancellation request was received. Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such stocks are exhausted.”
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 effective date of this cancellation is July 15, 2016. The cancellation order that is the subject of this notice includes the following existing stock provisions:
The registrant may sell and distribute existing stocks of products listed in Table 1 of Unit II. until July 17, 2017. Persons other than the registrant may sell and distribute existing stocks of products listed in Table 1 of Unit II. until exhausted. Use of the products listed in Table 1 of Unit II. may continue until existing stocks are exhausted, provided that such use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products.
Authority:
7 U.S.C. 136 et seq.
Dated: July 7, 2016.
Michael Goodis,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs.