[Federal Register Volume 74, Number 154 (Wednesday, August 12, 2009)]
[Pages 40588-40589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19312]



[EPA-HQ-OPP-2007-0540; FRL-8427-5]

Bromonitrostyrene; Product Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: This notice announces EPA's order for the cancellation of 
products containing the pesticide bromonitrostyrene, pursuant to 
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA), as amended. This cancellation order follows an August 27, 
2008 Federal Register Notice of Receipt of Requests from the 
bromonitrostyrene registrants to voluntarily cancel all their 
bromonitrostyrene product registrations. These are the last 
bromonitrostyrene products registered for sale or distribution in the 
United States. In the August 27, 2008 Notice, EPA indicated that it 
would issue an order accepting the requests for voluntary cancellation 
and 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 within this period. The Agency did not receive 
any comments on the notice. Further, the registrants did not withdraw 
their requests. Accordingly, EPA hereby issues in this notice a 
cancellation order accepting the requested cancellations and cancelling 
the affected registrations. Any distribution, sale, or use of the 
bromonitrostyrene 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 August 12, 2009.

FOR FURTHER INFORMATION CONTACT: ShaRon Carlisle, Antimicrobials 
Division (7510P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-6427; fax number: (703) 308-8481; e-
mail address: [email protected].


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

[[Page 40589]]

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-2007-0540. 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 of all end-use and 
manufacturing-use bromonitrostyrene products registered under section 3 
of FIFRA. These registrations are listed in sequence by registration 
number in Table 1 of this unit.

            Table 1.--Bromonitrostyrene Product Cancellations
             Registration No.                       Product Name
464-683                                     Giv-Gard BNS 25% AF
464-684                                     Bioban BNS 25% BA Industrial
464-686                                     Canguard 777 Industrial
74655-5                                     Spectrum RX-41
74655-8                                     Spectrum RX -45
74655-13                                    Spectrum RX -52

     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 Cancelled Bromonitrostyrene Products
              EPA Company No.                 Company Name and Address
464                                         The Dow Chemical Company
                                            1500 E. Lake Cook Road
                                            Buffalo Grove, IL 60089
74655                                       Hercules Incorporated Paper
                                             Technology and Ventures
                                            7910 Baymeadows Way
                                            Jacksonville, FL 32256

III. Summary of Public Comments Received and Agency Response to 

     During the public comment period provided, EPA received no 
comments in response to the August 27, 2008 Federal Register notice (73 
FR 50614; FRL 8378-4) announcing the Agency's receipt of the requests 
for voluntary cancellation of all Bromonitrostyrene products.

IV. Cancellation Order

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

List of Subjects

    Environmental protection, Pesticides and pests, Bromonitrostyrene, 

    Dated: July 20, 2009.
Joan Harrigan Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E9-19312 Filed 8-11-09; 8:45 am]