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[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Notices]
[Pages 46050-46052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21243]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2017-0467; FRL-9966-87]
Notice of Receipt of Requests to Voluntarily Cancel Certain
Pesticide Registrations and Amend Registrations to Terminate Certain
Uses--180-Day Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by the registrants to voluntarily cancel their registrations and to
amend their product registrations to terminate uses. EPA intends to
grant these requests at the close of the comment period for this
announcement unless the Agency receives substantive comments within the
comment period that would merit its further review of the requests, or
unless the registrants withdraw their requests. If these requests are
granted, any sale, distribution, or use of products listed in this
notice will be permitted after the registrations have been cancelled
and uses terminated only if such sale, distribution, or use is
consistent with the terms as described in the final order.
DATES: Comments must be received on or before April 2, 2018.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2017-0467, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Christopher Green, Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; telephone number: (703) 347-0367;
email address: green.christopher@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. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
II. What action is the Agency taking?
This notice announces receipt by EPA of requests from registrants
to cancel certain pesticide products and amend product registrations to
terminate certain uses. The affected products and the registrants
making the requests are identified in Tables 1-3 of this unit.
Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order in the Federal
Register canceling and amending the affected registrations.
[[Page 46051]]
Table 1--Product Registrations With Pending Requests for Cancellation
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Registration No. Company No. Product name Active ingredient
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53883-370................. 53883 Quali-Pro Oxadiazon Oxadiazon.
50 WSB.
CA-130009................. 91606 Aspergillus Flavus Aspergillus flavus strain AF36.
AF36.
WY-080010................. 8033 Assail 70WP Acetamiprid.
Insecticide.
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Table 2--Product Registrations With Pending Requests for Amendment
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Registration No. Company No. Product name Active ingredient Uses to be terminated
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2724-404................. 2724 Zoecon RF-322 MGK 264; Piperonyl Use on horses.
Ovicidal Pump Spray. butoxide;
Pyrethrins; & S-
Methoprene.
49620-2.................. 49620 EKA SC-R............ Sodium chlorate..... Defoliants/desiccants
applied to: Agricultural
drainage systems, beans
(dried type), corn,
cotton, fallow land,
flax, guar, peas
(Southern), peppers
(chili type), potatoes,
rice, safflower,
sorghum, soybeans,
sunflowers, wheat; and
as an herbicide applied
to nonagricultural
settings (commercial,
industrial, and
residential).
49620-6.................. 49620 EKA SC-R Aqueous.... Sodium chlorate..... Defoliants/desiccants
applied to: Agricultural
drainage systems, beans
(dried type), corn,
cotton, fallow land,
flax, guar, peas
(Southern), peppers
(chili type), potatoes,
rice, safflower,
sorghum, soybeans,
sunflowers, wheat; and
as an herbicide applied
to nonagricultural
settings (commercial,
industrial, and
residential).
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Table 3 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 and Table 2 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 and Table 2 of this unit.
Table 3--Registrants Requesting Voluntary Cancellation and/or Amendments
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EPA company No. Company name and address
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2724..................... Wellmark International, 1501 E. Woodfield
Road, Suite 200 West, Schaumburg, IL 60173.
8033..................... Nippon Soda Co., Ltd., Agent Name: Nisso
America, Inc., 88 Pine Street, 14th Floor,
New York, NY 10005.
49620.................... Akzo Nobel Pulp and Performance Chemicals,
Inc., Agent Name: Keller and Heckman, LLP,
1001 G Street NW., Suite 500 West,
Washington, DC 20001.
53883.................... Control Solutions, Inc., 5903 Genoa Red Bluff
Road, Pasadena, TX 77507.
91606.................... California Cattlemen's Association Feeder
Council, 1221 H Street, Sacramento, CA
95814.
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III. 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.
Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
1. The registrants request a waiver of the comment period, or
2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
The registrants listed in Table 3 of Unit II have not requested
that EPA waive the 180-day comment period. Accordingly, EPA will
provide a 180-day comment period on the proposed requests.
IV. Procedures for Withdrawal of Requests
Registrants who choose to withdraw a request for product
cancellation or use termination should submit the withdrawal in writing
to the person listed under FOR FURTHER INFORMATION CONTACT. If the
products have been subject to a previous cancellation or use
termination action, the effective date of cancellation or use
termination and all other provisions of any earlier cancellation or use
termination action are controlling.
V. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the requests for voluntary cancellation and amendment to
terminate uses are granted, the Agency
[[Page 46052]]
intends to publish the cancellation order in the Federal Register.
In any order issued in response to these requests for cancellation
of product registrations and for an amendment to terminate uses, EPA
proposes to include the following provisions for the treatment of any
existing stocks of the products listed in Tables 1 and 2 of Unit II.
A. For Product 53883-370.
The registrant has requested to the Agency via letter to distribute
existing stocks for an 18-month period for products 53883-370.
For all other voluntary product cancellations identified in Table 1
of Unit II, registrants will be permitted to sell and distribute
existing stocks of voluntarily canceled products for 1 year after the
effective date of the cancellation, which will be the date of
publication of the cancellation order in the Federal Register.
Thereafter, registrants will be prohibited from selling or distributing
the products identified in Table 1 of Unit II, except for export
consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper
disposal.
Once EPA has approved product labels reflecting the requested
amendment to terminate the use identified in Table 2 of Unit II,
registrants will be permitted to sell or distribute products under the
previously approved labeling for a period of 18 months after the date
of Federal Register publication of the cancellation order, unless other
restrictions have been imposed. Thereafter, registrants will be
prohibited from selling or distributing the products whose labels
include the terminated use identified in Table 2 of Unit II, except for
export consistent with FIFRA section 17 or for proper disposal.
Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products and products whose labels include
the terminated use until supplies 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 and terminated use.
Authority: 7 U.S.C. 136 et seq.
Dated: September 8, 2017.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2017-21243 Filed 10-2-17; 8:45 am]
BILLING CODE 6560-50-P
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