[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Notices]
[Pages 35807-35810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15209]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0639; FRL-8829-3]


2-(Hydroxymethyl)-2-nitro-1,3-propanediol (Tris Nitro); Notice of 
Receipt of Request to Voluntarily Amend Registrations to Terminate 
Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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 the registrant to voluntarily amend 
its 2(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) product 
registrations to terminate or delete one or more uses. The request 
would delete 2(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) use 
in or on metalworking fluids; latex paints; resin/latex/polymer 
emulsions; specialty industrial products; livestock and poultry 
premises; paints, emulsions and thickener solutions; use as a 
preservative for packaged emulsions, solutions, or suspensions such as 
detergents and polishes containing water; use in pulp and paper-mill 
process water systems. The request would not terminate the last 
2(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) products 
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. If this request is granted, any sale, 
distribution, or use of products listed in this notice will be 
permitted after the uses are deleted 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 July 23, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2009-0639, 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.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental

[[Page 35808]]

Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. 
Crystal Dr., Arlington, VA. Deliveries are only accepted during the 
Docket Facility'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-
2009-0639. 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 at http://www.regulations.gov. 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: Rebecca Von-Dem Hagen, Antimicrobials 
Division (7501P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-6785; fax number: (703) 308-8481; 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 registrant 
The Dow Chemical Company to delete certain uses of 2(hydroxymethyl)-2-
nitro-1,3-propanediol (tris nitro) product registrations. In letters 
dated November 19, 2009, The Dow Chemical Company requested EPA to 
amend to delete certain uses of pesticide product registrations 
identified in Table 1 of Unit III. Specifically, in response to the 2-
(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) (Case 3149) 
Preliminary Work Plan, dated September 16, 2009, the registrant 
submitted amendments requesting the deletion of the following the 2-
(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) end-uses from 
their product labels: use in metalworking fluids; latex paints; resin/
latex/polymer emulsions; specialty industrial products; livestock and 
poultry premises; paints, emulsions and thickener solutions; as a 
preservative for packaged emulsions, solutions or suspensions, such as 
detergents and polishes containing water; and in pulp and paper-mill 
process water systems. Action on the registrants request to delete 
these uses will terminate the last 2-(hydroxymethyl)-2-nitro-1,3-
propanediol (tris nitro) pesticide products registered in the United 
States for use in metalworking fluids; latex paints; resin/latex/
polymer emulsions; specialty industrial products; paints, emulsions and 
thickener solutions; materials preservative for packaged emulsions, 
solutions or suspensions, such as detergents and polishes containing 
water; and in pulp and paper-mill process water systems. Action on the 
registrant request will not

[[Page 35809]]

terminate the last 2-(hydroxymethyl)-2-nitro-1,3-propanediol (tris 
nitro) pesticide product registered in the United States for livestock 
and poultry premises.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from a registrant 
to delete certain uses of 2-(hydroxymethyl)-2-nitro-1,3-propanediol 
(tris nitro) product registrations. The affected products and the 
registrants making the requests are identified in Tables 1 and 2 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 amending the 
affected registrations.

 Table 1. -- 2-(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) Product Registrations with Pending Requests
                                                  for Amendment
----------------------------------------------------------------------------------------------------------------
         Registration Number                 Product Name                Company            Uses to be Deleted
----------------------------------------------------------------------------------------------------------------
464-657                                Tris Nitro\TM\ Solid     The Dow Chemical         Use in metalworking
                                        Industrial               Company                  fluids; Latex paints;
                                        Bacteriostat                                      Resin/latex/polymer
                                                                                          emulsions; Specialty
                                                                                          industrial products;
                                                                                          Livestock and Poultry
                                                                                          Premises.
----------------------------------------------------------------------------------------------------------------
464-658                                Tris Nitro\TM\ Brand of  The Dow Chemical         Use in metalworking
                                        50% (Aqueous) For        Company                  fluids; Latex paints;
                                        Formulating Use                                   Resin/latex/polymer
                                                                                          emulsions; Specialty
                                                                                          industrial products;
                                                                                          Livestock and poultry
                                                                                          premises.
----------------------------------------------------------------------------------------------------------------
464-663                                Tris Nitro\TM\ Brand of  The Dow Chemical         Use in paints,
                                        50% Aqueous Tris         Company                  emulsions and
                                        (hydroxymethyl)                                   thickener solutions;
                                        nitromethane                                      Use in metalworking
                                                                                          fluids; Use as a
                                                                                          preservative for
                                                                                          packaged emulsions,
                                                                                          solutions, or
                                                                                          suspensions, such as
                                                                                          detergents and
                                                                                          polishes containing
                                                                                          water.
----------------------------------------------------------------------------------------------------------------
464-668                                Tris Nitro\TM\ Brand of  The Dow Chemical         Use in metalworking
                                        25% Aqueous Tris         Company                  fluids; Use as a
                                        (hydroxymethyl)                                   preservative for
                                        nitromethane                                      packaged emulsions,
                                                                                          solutions, or
                                                                                          suspensions, such as
                                                                                          detergents and
                                                                                          polishes containing
                                                                                          water.
----------------------------------------------------------------------------------------------------------------
464-679                                Tris Nitro\TM\ Brand     The Dow Chemical         Use in paints,
                                                                 Company                  emulsions, and
                                                                                          thickener solutions;
                                                                                          Use in metalworking
                                                                                          fluids; Use as a
                                                                                          preservative for
                                                                                          packaged emulsions,
                                                                                          solutions, or
                                                                                          suspensions, such as
                                                                                          detergents and
                                                                                          polishes containing
                                                                                          water; Use in pulp and
                                                                                          papermill process
                                                                                          water systems.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrant of the products listed in Table 1 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 
of this unit.

     Table 2.--Registrants Requesting Voluntary Cancellation and/or
                               Amendments
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
464.......................................  The Dow Chemical Company
                                             1803 Building Midland, MI
                                             48674
------------------------------------------------------------------------
------------------------------------------------------------------------

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.
     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, FIFRA section 6(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 2-(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) 
registrant has requested that EPA waive the 180-day comment period. 
Accordingly, EPA will provide a 30-day comment period on the proposed 
requests.

V. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for product 
cancellation or use deletion should submit the withdrawal

[[Page 35810]]

in writing to the person listed under FOR FURTHER INFORMATION CONTACT. 
If the products(s) 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 
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 request for amendments to delete use is granted, the 
Agency intends to publish the cancellation order in the Federal 
Register.
     In any order issued in response to this request for an amendment 
to delete uses, EPA proposes to include the following provisions for 
the treatment of any existing stocks of the products listed in Table 1 
of Unit III.
     For voluntary product cancellations, 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 III., except 
for export consistent with FIFRA section 17 or for proper disposal.
     Once EPA has approved product labels reflecting the requested 
amendments to delete uses, 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 deleted uses identified in Table 
1 of Unit III., 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 products whose labels include the deleted uses 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 deleted uses.

List of Subjects

    Environmental protection, Pesticides and pests, Antimicrobials.

    Dated: June 7, 2010.
Joan Harrigan-Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.

[FR Doc. 2010-15209 Filed 6-22-10; 8:45 am]
BILLING CODE 6560-50-S