[Federal Register Volume 75, Number 183 (Wednesday, September 22, 2010)]
[Notices]
[Pages 57780-57782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23544]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0639; FRL-8843-4]


2-(Hydroxymethyl)-2-nitro-1,3-propanediol (Tris Nitro); Order to 
Amend Registrations to Terminate Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's order for the amendment to 
terminate certain uses, voluntarily requested by the registrant and 
accepted by the Agency, of the pesticide products listed in Table 1, 
pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), as amended. This order to terminate uses 
follows a June 23, 2010 Federal Register Notice of Receipt of Request 
from the Registrant listed in Table 2 to voluntarily amend 2-
(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) product 
registrations to terminate or delete one or more uses. The request 
would delete 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; and 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 and would result in retention 
of some registered uses for those products. In the June 23, 2010 
Notice, EPA indicated that it would issue an order implementing the 
amendments to terminate uses, 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 the 
requests within this period. The Agency did not receive any comments on 
the notice. Further, the registrant did not withdraw the requests. 
Accordingly, EPA hereby issues in this notice, an order granting the 
requested amendment to terminate uses. Any distribution, sale, or use 
of the products subject to this order is permitted only in accordance 
with the terms of this order, including any existing stocks provisions.

DATES:  The order is effective September 22, 2010.

FOR FURTHER INFORMATION CONTACT:  Rebecca Vondem-Hagen, Antimicrobials 
Division (7510P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-6785; 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?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2009-0639. 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

[[Page 57781]]

through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

II. What Action is the Agency Taking?

    This notice announces the order for the amendment to terminate 
uses, as requested by the registrant, of certain products registered 
under section 3 of FIFRA. These registrations are listed in sequence by 
registration number in Table 1 of this unit.

  Table 1.--2-(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) Product Registration Amendments to Terminate
                                                      Uses
----------------------------------------------------------------------------------------------------------------
         Registration Number                 Product Name               Company           Uses to be Terminated
----------------------------------------------------------------------------------------------------------------
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 in Table 1 of this unit.

                Table 2.--Registrants of Amended Products
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
464                                         The Dow Chemical Company
                                            1803 Building
                                            Midland, MI 48674
------------------------------------------------------------------------

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 Federal Register notice of June 23, 2010 (75 FR 
35807) announcing the Agency's receipt of the request to voluntarily 
amend registrations to terminate certain uses of products listed in 
Table 1.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendment to terminate certain uses of 2-(Hyroxymethyl)-2-nitro-1,3-
propanediol (Tris Nitro) registrations identified in Table 1 of Unit 
II. Accordingly, the Agency orders that the product registrations 
identified in Table 1 of Unit II. are hereby amended to terminate the 
affected uses. 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 
action. The existing stocks provision for the products subject to this 
order is as follows.
     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 
order to terminate uses, 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 II., 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 the products in Table 1, whose labels include the 
deleted uses until supplies are exhausted, provided that such sale, 
distribution, or use is consistent with

[[Page 57782]]

the terms of the previously approved labeling on, or that accompanied, 
products bearing the deleted uses.

List of Subjects

    Environmental protection, Antimicrobials, Pesticides and pests, 2-
(hydroxymethyl)-2-nitro-1,3-propanediol, Tris Nitro.

     September 14, 2010.
 Joan Harrigan Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 2010-23544 Filed 9-21-10; 8:45 a.m.]
BILLING CODE 6560-50-S