[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Notices]
[Pages 12851-12852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6260]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0893; FRL-8404-3]


Fomesafen; Product Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellation, 
voluntarily requested by the registrant and accepted by the Agency, of 
products containing the pesticide fomesafen, pursuant to section 
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), as amended. This cancellation order follows a December 31, 
2008 Federal Register Notice of Receipt of Request from the fomesafen 
registrant to voluntarily cancel all their fomesafen product 
registrations. Fomesafen is a pre-plant, pre-emergence and post-
emergence herbicide used on soybeans, snap beans, dry beans, and 
cotton. It is also registered for use on agricultural fallow/idleland, 
nonagricultural uncultivated areas/soils, pine (forest/shelterbelt) and 
pine (seed orchard). These are not the last fomesafen products 
registered for use in the United States. In the December 31, 2008 
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 registrant withdrew their request within this 
period. The Agency did not receive any comments on the notice. Further, 
the registrant did not withdraw their request. Accordingly, EPA hereby 
issues in this notice a cancellation order granting the requested 
cancellations. Any distribution, sale, or use of the fomesafen 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 March 25, 2009.

FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review 
and Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8025; fax 
number: (703) 308-8005; 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. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under 
docket identification (ID) number EPA-HQ-OPP-2008-0893. 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 Office of Pesticide Programs (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.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    This notice announces the cancellation, as requested by the 
registrant, of products registered under section 3 of FIFRA. These 
registrations are listed in sequence by registration number in Table 1 
of this unit.

                Table 1.--Fomesafen Product Cancellations
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          EPA Registration Number                   Product Name
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7969-82                                     BAS 530 04 H Herbicide
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7969-83                                     FASTER\TM\ Herbicide
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    Table 2 of this unit includes the name and address of record for 
the registrant of the products in Table 1 of this unit, in sequence by 
EPA company number.

[[Page 12852]]



   Table 2.--Registrant of Canceled And/or Amended Fomesafen Products
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            EPA Company Number                Company Name and Address
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7969                                        BASF, 26 Davis Drive,
                                             Triangle Park, North
                                             Carolina 27709-3528
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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 December 31, 2008 Federal Register (73 FR 80390; 
FRL-8395-3) notice announcing the Agency's receipt of the request for 
voluntary cancellations of fomesafen.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellation of fomesafen registrations identified in Table 1 of Unit 
II. Accordingly, the Agency orders that the fomesafen product 
registrations identified in Table 1 of Unit II are hereby canceled. 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 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.

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 cancellation order issued in this notice 
includes the following existing stocks provisions.
    Registrants may sell and distribute existing stocks for 1-year from 
the date of the cancellation request. The products may be sold, 
distributed, and used by people other than the registrant until 
existing stocks have been exhausted, provided that such sale, 
distribution, and use complies with the EPA-approved label and labeling 
of the product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 25, 2009.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E9-6260 Filed 3-24-09; 8:45 am]
BILLING CODE 6560-50-S