[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51053-51055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20010]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-1195; FRL-8840-3]


Propetamphos; Notice of Receipt of Requests to Voluntarily Cancel 
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 requests by the registrant, Wellmark 
International, to voluntarily cancel its registrations of products 
containing the pesticide propetamphos. The requests would terminate the 
last propetamphos products registered for use in the United States. 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 registrant withdraws its 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 
canceled 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 September 17, 2010.

ADDRESSES:  Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2007-1195, 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 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-
2007-1195. 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

[[Page 51054]]

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: Monica Wait, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 347-8019; 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

    This notice announces receipt by EPA of requests from registrant 
Wellmark International to cancel propetamphos product registrations. 
Propetamphos is an organophosphate insecticide registered for use for 
non-residential indoor crack and crevice treatment to control crawling 
insects, primarily, ants, cockroaches, and fleas. The registration 
review process for propetamphos was initiated in June 2008, with the 
issuance and placement of the Summary Document and Preliminary Work 
Plan for Registration Review in the docket EPA-HQ-OPP-2007-1195 for a 
90-day public comment period. The Propetamphos Final Work Plan for 
Registration Review was placed in the docket on November 25, 2008, and 
the registration review Data Call-In for propetamphos was issued in 
December 2009. Wellmark International is the only current registrant of 
propetamphos products.
    Wellmark International's 90-day response to the registration review 
Data Call-In stated their intent to seek voluntary cancellation of the 
propetamphos technical product (EPA Registration No. 2724-313) and the 
one remaining propetamphos end-use product, Zoecon 9001 EW (EPA 
Registration No. 2724-450). Subsequently, in a letter to the Agency 
dated July 23, 2010, Wellmark International requested that EPA cancel 
the propetamphos pesticide product registrations identified in Table 1 
of Unit III. Wellmark International requested that propetamphos 
technical be canceled effective September 30, 2010, and the end-use 
product be canceled effective 18 months later on March 30, 2012. 
Furthermore, Wellmark International requested an 18-month existing 
stocks provision for use of EPA Reg. No. 2724-313 to formulate EPA Reg. 
No. 2724-450. For EPA Reg. No. 2724-450, Wellmark requested an existing 
stocks provision that would allow them to sell or distribute existing 
stocks of EPA Reg. No. 2724-450 until depletion and allow persons other 
than Wellmark International to sell, distribute, and use existing 
stocks of EPA Reg. No. 2724-450 until depletion. These are the last two 
propetamphos products registered for use in the United States.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of requests from Wellmark 
International to cancel propetamphos 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 canceling

[[Page 51055]]

the affected registrations subject to the terms and conditions set 
forth below in Unit VI.

 Table 1.--Propetamphos Product Registrations with Pending Requests for
                              Cancellation
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       Registration Number           Product Name           Company
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002724-00313                      Technical           Wellmark
                                   Propetamphos        International
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002724-00450                      Zoecon 9001 EW      Wellmark
                                                       International
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    Table 2 of this unit includes the name and address of record for 
the registrant of the products listed in Table of this unit. The 
company number corresponds to the first part of the EPA registration 
numbers of the products listed in Table 1.

     Table 2.--Registrants Requesting Voluntary Cancellation and/or
                               Amendments
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            EPA Company Number                Company Name and Address
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002724                                      Wellmark International
                                            Attn: James McFadden
                                            1501 E. Woodfield Rd., Suite
                                             200 West
                                            Schaumberg, IL 60173
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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.
     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 propetamphos registrant has requested that EPA waive the 180-
day comment period. Accordingly, EPA will provide a 30-day comment 
period on the requests.

V. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product 
cancellation should submit the withdrawal 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 requests for voluntary cancellation are granted, the 
Agency intends to publish the cancellation order in the Federal 
Register.
     In any order issued in response to these requests for cancellation 
of product registrations, EPA proposes to include the following 
provisions for the treatment of any existing stocks of the products 
listed in Table 1 of Unit III.
     EPA proposes to make the cancellation of propetamphos technical 
(EPA Reg. No. 2724-313) effective September 30, 2010, after which date 
the technical product can no longer be sold or distributed. Wellmark 
International would be permitted to use the existing stocks of 
propetamphos technical (defined as quantities of EPA Reg. No. 2724-313 
in existence as of September 30, 2010) to formulate the propetamphos 
end-use product (EPA Reg. No. 2724-450) for 18 months after the 
September 30, 2010 effective date of the cancellation, which would be 
until March 30, 2012. Thereafter, Wellmark International also would be 
prohibited from using (as well as continue to be prohibited from 
selling or distributing) propetamphos technical, except for export 
consistent with FIFRA section 17 or for proper disposal.
    EPA proposes to make the cancellation of the propetamphos end-use 
product (EPA Reg. No. 2724-450) effective March 30, 2012. Wellmark 
International would be allowed to sell or distribute existing stocks of 
EPA Reg. No. 2724-450 (defined as quantities of EPA Reg. No. 2724-450 
in existence as of March 30, 2012) until such stocks are depleted. 
Persons other than Wellmark International would be allowed to sell, 
distribute, and use existing stocks of EPA Reg. No 2724-450 until 
supplies are exhausted, provided that such sale, distribution, and use 
is consistent with the terms of the previously approved labeling on, or 
that accompanied, the canceled product.
    The existing stocks provisions outlined in this notice are intended 
to allow depletion of the amount of technical propetamphos (EPA Reg. 
No. 2724-313) that Wellmark International currently has on-hand from 
purchases made prior to its decision to request voluntary cancellation. 
Use until depletion will preclude environmental disposal concerns of 
quantities of undiluted propetamphos that cannot be formulated or used.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 5, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2010-20010 Filed 8-17-10; 8:45 a.m.]
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