[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Notices]
[Pages 14802-14804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5294]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0162; FRL-8354-3]


Napropamide; Notice of Receipt of Request to Voluntarily Amend to 
Terminate Uses of Napropamide Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a 
notice of receipt of a request by two registrants to voluntarily amend 
their napropamide registrations to terminate certain uses. The request 
would terminate napropamide use in or on apple, apricot, artichoke, 
avocado, cherry, fig, grapefruit, lemons, nectarine, olive, orange, 
peach, pear, pistaschio, plum, pomegranate, prunes, tangerine, tangelo 
and walnut crops. The request would not terminate the last napropamide 
product registered for use in the United States. EPA intends to grant 
this request 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 request, or unless 
the registrant withdraws its request within this period. Upon 
acceptance of this request, any sale, distribution, or use of products 
listed in this notice will be permitted 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 18, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2004-0162, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.

[[Page 14803]]

     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket's normal hours of operation 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. Special 
arrangements should be made for deliveries of boxed information. The 
Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2004-0162. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 
Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov 
website to view the docket index or access available documents. 
Although, listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the OPP 
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this 
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: James Parker, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 306-0469; fax 
number: (703) 308-7070; e-mail address: [email protected].

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. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

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 e-mail. 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 submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background on the Receipt of Requests to Cancel and/or Amend 
Registrations to Delete Uses

    This notice announces receipt by EPA of a request from registrants 
Gharda Chemicals Limited and Gharda Polymers USA, Inc. (Gharda) to 
delete several uses from their napropamide product registrations. 
Napropamide is an herbicide used to control broad leaf weeds and 
grasses on various fruit and vegetable crops. In an e-mail dated 
February 1, 2008, Gharda requested EPA to terminate use on the 
following commodities: Apple, apricot, artichoke, avocado, cherry 
(fruit), fig, grapefruit, lemons, nectarine, olive, orange, peach, 
pear, pistachio, plum, pomegranate, prunes, tangerine, tangelo and 
walnut crops. The specific products for which Gharda is requesting 
these use deletions are identified in Table 1 of this notice. These 
product registration amendments will not terminate the last napropamide 
product registered for use in the United States.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from Gharda to 
amend its napropamide product registrations to terminate the following 
uses: Apple, apricot, artichoke, avocado, cherry (fruit), fig, 
grapefruit, lemons, nectarine, olive, orange, peach, pear, pistachio, 
plum, pomegranate, prunes, tangerine, tangelo and walnut crops. The 
affected

[[Page 14804]]

products and the registrants making the request are identified in 
Tables 1 and 2 of this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be canceled or amended to 
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA 
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, section 
6(f)(1)(C) of FIFRA 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 Administrator determines that continued use of the pesticide 
would pose an unreasonable adverse effect on the environment.
    The napropamide registrants have requested that EPA waive the 180-
day comment period. Accordingly, EPA will provide a 30-day comment 
period on the proposed request.
    Unless this request is withdrawn by one of the registrant within 30 
days of publication of this notice, or unless the Agency determines 
that there are substantive comments that warrant further review of this 
request, an order will be issued amending the affected registrations.

               Table 1.--Napropamide Product Registrations with Pending Requests for Cancellation
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             Registration Number                         Product Name                         Company
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33658-22                                            Gharda Napropamide Technical  Gharda Chemicals LTD
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83223-1                                                       Napropamide 80 MUP  Gharda Polymers USA Inc.
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83223-4                                                Regatta 75WG Agricultural  Gharda Polymers USA, Inc.
                                                                       Herbicide
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83223-5                                        Regatta 75WG Ornamental Herbicide  Gharda Polymers USA, Inc.
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83223-6                                          Regatta 2G Ornamental Herbicide  Gharda Polymers USA, Inc.
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83223-7                                             Regatta Ornamental Herbicide  Gharda Polymers USA, Inc.
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83223-8                                                    Regatta 10G Herbicide  Gharda Polymers USA, Inc.
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     Table 2.--Registrants Requesting Voluntary Cancellation and/or
                               Amendments
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            EPA Company Number                Company Name and Address
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33658                                       Gharda Chemicals LTD
                                            660 Newtown - Yardley Road,
                                             STE 105
                                            Newtown, Pennsylvania 18940
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83223                                       Gharda Polymers USA, Inc.
                                            660 Newtown - Yardley Road,
                                             STE 105
                                            Newtown, Pennsylvania 18940
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IV. 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 Administrator may approve such 
a request.

V. Procedures for Withdrawal of Request and Considerations for 
Reregistration of Napropamide

    Registrants who choose to withdraw a request for cancellation must 
submit such withdrawal in writing to the person listed under FOR 
FURTHER INFORMATION CONTACT, postmarked before April 18, 2008. This 
written withdrawal of the request for cancellation will apply only to 
the applicable FIFRA section 6(f)(1) request listed in this notice. If 
the products have been subject to a previous cancellation action, the 
effective date of cancellation and all other provisions of any earlier 
cancellation action are controlling.

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.
    If the request for voluntary use termination is granted as 
discussed in this unit, the Agency intends to issue a cancellation 
order that will allow persons other than the registrant to continue to 
sell and/or use existing stocks of cancelled products until such stocks 
are exhausted, provided that such use is consistent with the terms of 
the previously approved labeling on, or that accompanied, the cancelled 
product. The order will specifically prohibit any use of existing 
stocks that is not consistent with such previously approved labeling. 
If, as the Agency currently intends, the final cancellation order 
contains the existing stocks provision just described, the order will 
be sent only to the affected registrants of the cancelled products. If 
the Agency determines that the final cancellation order should contain 
existing stocks provisions different than the ones just described, the 
Agency will publish the cancellation order in the Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: March 6, 2008.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. E8-5294 Filed 3-18-08; 8:45 a.m.]
BILLING CODE 6560-50-S