[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Notices]
[Pages 69065-69069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28138]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2002-0262; FRL-8852-4]


Endosulfan: Final Product Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations, 
voluntarily requested by the registrants and accepted by the Agency of 
pesticide products containing endosulfan, pursuant to section 6(f)(1) 
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as 
amended. This cancellation order follows an August 18, 2010, Federal 
Register Notice of Receipt of Requests from the endosulfan registrants 
to voluntarily cancel their product registrations. In the August 18, 
2010, notice, EPA indicated that it

[[Page 69066]]

would grant the request and issue a cancellation order 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 
received three comments on the notice in support of the cancellations 
of all endosulfan products, which included signatures from over 53,000 
individuals. Upon review of these comments, EPA determined that the 
Agency should, nonetheless, grant the registrants' cancellation 
requests. The registrants did not withdraw their requests. Accordingly, 
EPA hereby issues in this notice a cancellation order granting the 
requested cancellations. Any FIFRA section 3 or 24(c) registration, 
distribution, sale, or use of endosulfan products subject to this 
cancellation order is permitted only in accordance with the terms of 
this order.

DATES: The use deletions and cancellations in this order are effective 
as provided in Unit IV.

FOR FURTHER INFORMATION CONTACT: Melanie Biscoe, Pesticide Re-
evaluation Division, Office of Pesticide Programs (7508P), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-7106; 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-2002-0262. 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's telephone number is (703) 305-5805.

II. What action is the agency taking?

    This notice announces the cancellations, as requested by 
registrants, of all endosulfan products registered under sections 3 and 
24(c) of FIFRA. These registrations are listed in sequence by 
registration number in Table 1 of this unit. Note that the product 
names of several registration numbers were corrected in this table 
subsequent to the August 18, 2010, Federal Register Notice of Receipt 
of Requests (75 FR 51049) (FRL-8841-5) from the endosulfan registrants 
to voluntarily cancel their product registrations. However the 
registration numbers listed in the August 18, 2010, Federal Register 
Notice were correct and did not need to be amended in this notice.

     Table 1--Endosulfan Products Subject to This Cancellation Order
------------------------------------------------------------------------
        Registration No.             Product name        Chemical name
------------------------------------------------------------------------
11678-5.........................  Thionex Endosulfan  Endosulfan.
                                   Technical.
19713-9.........................  Drexel Endosulfan   Endosulfan.
                                   2EC.
19713-319.......................  Drexel Endosulfan   Endosulfan.
                                   Technical.
19713-399.......................  Drexel Endosulfan   Endosulfan.
                                   3EC.
61483-65........................  Endalfly            Endosulfan.
                                   Insecticide
                                   Cattle Ear Tag.
66222-62........................  Thionex 50W.......  Endosulfan.
66222-63........................  Thionex 3EC.......  Endosulfan.
66222-64........................  Thionex Technical.  Endosulfan.
AZ030004........................  Thionex 3EC.......  Endosulfan.
AZ980004........................  Drexel Endosulfan   Endosulfan.
                                   3EC.
HI030001........................  Thionex 50W.......  Endosulfan.
HI030002........................  Thionex 3EC.......  Endosulfan.
HI070006........................  Thionex 3EC.......  Endosulfan.
ID030002........................  Thionex 3EC.......  Endosulfan.
ID030004........................  Thionex 3EC.......  Endosulfan.
ID980003........................  Drexel Endosulfan   Endosulfan.
                                   3EC.
NC080001........................  Thionex 3EC.......  Endosulfan.
NV030001........................  Thionex 3EC.......  Endosulfan.
OR030007........................  Thionex 3EC.......  Endosulfan.
OR030010........................  Thionex 3EC.......  Endosulfan.
OR030012........................  Thionex 50W.......  Endosulfan.
OR030013........................  Thionex 3EC.......  Endosulfan.
OR030024........................  Thionex 3EC.......  Endosulfan.
UT030003........................  Thionex 3EC.......  Endosulfan.
WA030013........................  Thionex 3EC.......  Endosulfan.
WA030017........................  Thionex 50W.......  Endosulfan.
WA030018........................  Thionex 3EC.......  Endosulfan.
WA030024........................  Thionex 3EC.......  Endosulfan.
WA030027........................  Thionex 3EC.......  Endosulfan.
WA980012........................  Drexel Endosulfan   Endosulfan.
                                   3EC.
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record, in 
sequence by EPA company number, for all registrants of the products in 
Table 1 of this unit.

                Table 2--Registrants of Canceled Products
------------------------------------------------------------------------
            EPA company No.                  Company name and address
------------------------------------------------------------------------
11678..................................  Makhteshim Chemical Works,
                                          Ltd., 4515 Falls of Neuse Rd.,
                                          Suite 300, Raleigh, NC 27609.
19713..................................  Drexel Chemical Company, 1700
                                          Channel Avenue, P.O. Box
                                          13327, Memphis, TN 38113-0327.
61483..................................  KMG-Bernuth, Inc., 9555 W. Sam
                                          Houston Pkwy., South, Suite
                                          600, Houston, TX 77099.
66222..................................  Makhteshim-Agan of North
                                          America, Inc., 4515 Falls of
                                          Neuse Rd., Suite 300, Raleigh,
                                          NC 27609.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    The Agency received three comments on the notice, published on 
August 18, 2010, that announced receipt of the requests for voluntary 
cancellation and opened a 30-day public comment period that ended on 
September 17, 2010. These comments were received from Pesticide Action 
Network North America (PANNA) and over 3,000 supporters, Defenders of 
Wildlife and over 50,000 supporters, and a private citizen. All 
comments support cancellation of all endosulfan pesticide products in 
the United States. The comments from PANNA, Defenders of Wildlife, and 
by extension the supporters of those organizations, request that EPA 
shorten the phase-out schedule for endosulfan, referring in general 
terms to a concern over continued risks to farmworkers, wildlife and 
the environment, and indigenous

[[Page 69067]]

peoples in the Arctic, as well as each organization's assertion that 
alternatives to endosulfan are available.
    The Agency appreciates the comments submitted by the public. 
Pursuant to the cancellation request made as part of the endosulfan 
Memorandum of Agreement (MOA) with endosulfan registrants, most 
currently approved endosulfan crop uses will end in 2 years, including 
over 30 crop uses plus use on ornamental trees, shrubs, and herbaceous 
plants. The remaining 12 crop uses will end over the following 4 years. 
Of these remaining uses, the last four endosulfan uses will end on July 
31, 2016.
    EPA expects growers currently using endosulfan to successfully 
transition to lower risk pest control strategies. The endosulfan phase-
out schedule helps facilitate this transition by providing growers time 
to research and adopt lower risk alternatives. Recognizing that 
endosulfan affords benefits in producing certain individual crops, the 
phase-out schedule allows a longer phase-out period where EPA 
determined there are benefits of endosulfan use and/or fewer available 
alternatives to endosulfan.
    With regard to the commenters' concern about farmworker and 
environmental risks, EPA is requiring new mitigation measures for many 
crops during the endosulfan phase-out period in addition to mitigation 
requirements placed on endosulfan labels in previous years. Although 
these additional mitigation measures are designed to reduce worker 
risks, restricting and phasing out all uses of endosulfan will also 
address risks to wildlife and the environment.
    Additional mitigation required during the phase-out varies by crop 
and includes measures such as:
     Canceling aerial use and specifying other application 
methods.
     Extending Restricted Entry Intervals (REIs).
     Extending Pre-harvest Intervals (PHIs).
     Reducing maximum single and/or seasonal application rates.

Detailed information about the additional mitigation measures is 
provided in the Appendices to the endosulfan MOA, which can be found at 
docket number EPA-HQ-OPP-2002-0262-0181 on http://www.regulations.gov.
    With regard to the commenters' concern for endosulfan contamination 
of subsistence foods, the Agency's human health risk assessment has 
determined that there are no dietary risks of concern resulting from 
endosulfan use for all populations including indigenous people in the 
Arctic.
    Because of the extensive additional mitigation required for many 
endosulfan uses for the duration of the phase-out period, in 
combination with the benefits afforded by and/or limited alternatives 
for certain uses of endosulfan, the Agency has decided not to alter the 
phase-out schedule requested by the endosulfan registrants and detailed 
in the endosulfan MOA.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellations of registrations identified in Table 1 of Unit II. and 
hereby orders that:
     All endosulfan product registrations, identified in Table 
1 of Unit II. are canceled for uses listed in List 1 of Unit VI. as of 
November 10, 2010.
     All endosulfan product registrations, identified in Table 
1 of Unit II. are canceled for uses listed in List 2 of Unit VI. as of 
March 31, 2012.
     All endosulfan product registrations, identified in Table 
1 of Unit II. are canceled for uses listed in List 3 of Unit VI. as of 
March 31, 2013.
     All endosulfan product registrations, identified in Table 
1 of Unit II. are canceled for uses listed in List 4 of Unit VI. as of 
September 1, 2014.
     All endosulfan product registrations, identified in Table 
1 of Unit II. are canceled for uses listed in List 5 of Unit VI. as of 
March 31, 2015.
     All endosulfan product registrations, identified in Table 
1 of Unit II. are canceled for uses listed in List 6 of Unit VI. as of 
March 31, 2016.

EPA further orders that effective July 31, 2016, all section 3 
registrations of endosulfan are canceled. The effective date of 
canceled section 3 registrations will therefore correspond with end use 
dates established in this order. As a matter of clarification, all 
FIFRA 24(c) Special Local Need registrations may remain in effect until 
their respective expiration dates, which will correspond with end use 
dates established in this order.

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 
that are currently in the United States and that were packaged, 
labeled, and released for shipment prior to the effective date of the 
cancellation action. In any order issued in response to these requests 
for amendments to terminate uses, the Agency proposes to include the 
following provisions for the treatment of any existing stocks of the 
products identified or referenced in Table 1. These provisions are 
consistent with the requests for use deletions and requests for 
voluntary cancellations outlined in Unit II. of this notice:
    1. For the uses in List 1 of this unit.--i. EPA prohibits the 
registrants' distribution, sale, and reformulation of products 
permitting the following uses after December 31, 2010, except sale or 
distribution of such products for the purposes of proper disposal, or 
export consistent with section 17 of FIFRA.
    ii. EPA prohibits the distribution or sale of products permitting 
the following uses by persons other than the registrants after May 31, 
2011, except sale or distribution of such products for the purposes of 
proper disposal, or export consistent with section 17 of FIFRA.
    iii. EPA prohibits registration and use of those products that show 
uses listed in List 1 on the label for those same uses after July 31, 
2012. The stop use date for the uses listed in List 1 of this unit must 
be reflected on amended product labeling. Any use of existing stocks 
must be consistent with the previously approved directions for use on 
product labeling.

List 1.--Phase-Out Group A

Almond
Apricot
Broccoli
Brussels sprouts
Carrots
Cauliflower
Celery (non-AZ)
Citrus (non-bearing)
Collard greens
Dry beans
Dry peas
Eggplant
Filbert
Kale
Kohlrabi
Macadamia
Mustard greens
Nectarine (CA only)
Plum & prune

[[Page 69068]]

Poplars grown for pulp and timber
Strawberry (Annual)
Sweet potato
Tart cherry
Turnip
Walnut
Ornamental trees, shrubs, and herbaceous plants--includes boxelder, 
dogwood, lilac, Douglas fir (grown for ornamentals nursery stock or 
Christmas trees; Pacific Northwest only), elms, leatherleaf fern, pines 
(Austrian, jack, red, scotch, white), shade trees (except birch), 
shrubs, spruce (New England area only), taxus, orchids, hybrid poplars, 
Christmas trees Other uses that may appear on section 3 registration 
labels or on a 24(c) registration and are not listed above or on Lists 
2, 3, 4, 5, or 6 of this unit.

    2. For the uses in List 2 of this unit.--i. EPA prohibits the 
registrants' distribution, sale, and reformulation of products 
permitting the following uses after March 31, 2012, except sale or 
distribution of such products for the purposes of proper disposal, or 
export consistent with section 17 of FIFRA.
    ii. EPA prohibits the distribution or sale of products permitting 
the following uses by persons other than the registrants after May 31, 
2012, except sale or distribution of such products for the purposes of 
proper disposal, or export consistent with section 17 of FIFRA.
    iii. EPA prohibits registration and use of those products that show 
uses listed in List 2 on the label for those same uses after July 31, 
2012. The stop use date for the uses listed in List 2 of this unit must 
be reflected on amended product labeling. Any use of existing stocks 
must be consistent with the previously approved directions for use on 
product labeling.

List 2.--Phase-Out Group B

Cabbage
Celery (AZ only)
Cotton
Cucumbers
Lettuce
Stone fruits not listed in List 1 of this unit, including nectarine 
(non-CA), peaches, and sweet cherry
Summer melons (cantaloupe, honeydew, watermelon)
Summer squash
Tobacco

    3. For the uses in List 3 of this unit.--i. EPA prohibits the 
registrants' distribution, sale, and reformulation of products 
permitting the following uses after March 31, 2013, except sale or 
distribution of such products for the purposes of proper disposal, or 
export consistent with section 17 of FIFRA.
    ii. EPA prohibits the distribution or sale of products permitting 
the following uses by persons other than the registrants after May 31, 
2013, except sale or distribution of such products for the purposes of 
proper disposal, or export consistent with section 17 of FIFRA.
    iii. EPA prohibits registration and use of those products that show 
uses listed in List 3 on the label for those same uses after July 31, 
2013. The stop use date for the uses listed in List 3 of this unit must 
be reflected on amended product labeling. Any use of existing stocks 
must be consistent with the previously approved directions for use on 
product labeling.

List 3.--Phase-Out Group C

Pear

    4. For the uses in List 4 of this unit.--i. EPA prohibits the 
registrants' distribution, sale, and reformulation of products 
permitting the following uses in the state of Florida after September 
30, 2014, except sale or distribution of such products for the purposes 
of proper disposal, or export consistent with section 17 of FIFRA.
    ii. EPA prohibits the distribution or sale in the state of Florida 
of products permitting the following uses by persons other than the 
registrants after October 31, 2014, except sale or distribution of such 
products for the purposes of proper disposal, or export consistent with 
section 17 of FIFRA.
    iii. EPA prohibits registration and use of those products that show 
uses listed in List 4 on the label for those same uses in the state of 
Florida after December 31, 2014. The stop use date for the uses listed 
in List 4 of this unit must be reflected on amended product labeling. 
Any use of existing stocks must be consistent with the previously 
approved directions for use on product labeling.

List 4.--Phase-Out Group D

    All Florida uses of:

Apple
Blueberry
Peppers
Potatoes
Pumpkins
Sweet corn
Tomato
Winter squash

    5. For the uses in List 5 of this unit.--i. EPA prohibits the 
registrants' distribution, sale, and reformulation of products 
permitting the following uses after March 31, 2015, except sale or 
distribution of such products for the purposes of proper disposal, or 
export consistent with section 17 of FIFRA.
    ii. EPA prohibits the distribution or sale of products permitting 
the following uses by persons other than the registrants after May 31, 
2015, except sale or distribution of such products for the purposes of 
proper disposal, or export consistent with section 17 of FIFRA.
    iii. EPA prohibits registration and use of those products that show 
uses listed in List 5 on the label for those same uses after July 31, 
2015. The stop use date for the uses listed in List 5 of this unit must 
be reflected on amended product labeling. Any use of existing stocks 
must be consistent with the previously approved directions for use on 
product labeling.

List 5.--Phase-Out Group E

Apple
Blueberry
Peppers
Potatoes
Pumpkins
Sweet corn
Tomato
Winter squash

    6. For the uses in List 6 of this unit.--i. EPA prohibits the 
registrants' distribution, sale, and reformulation of products 
permitting the following uses after March 31, 2016, except sale or 
distribution of such products for the purposes of proper disposal, or 
export consistent with section 17 of FIFRA.
    ii. EPA prohibits the distribution or sale of products permitting 
the following uses by persons other than the registrants after May 31, 
2016, except sale or distribution of such products for the purposes of 
proper disposal, or export consistent with section 17 of FIFRA.
    iii. EPA prohibits registration and use of those products that show 
uses listed in List 6 on the label for those same uses after July 31, 
2016. The stop use date for the uses listed in List 6 of this unit must 
be reflected on amended product labeling. Any use of existing stocks 
must be consistent with the previously approved directions for use on 
product labeling.

List 6.--Phase-Out Group F

Livestock ear tags
Pineapple
Strawberry (perennial/biennial)
Vegetable crops for seed (alfalfa, broccoli, Brussels sprouts, cabbage, 
cauliflower, Chinese cabbage, collard greens, kale, kohlrabi, mustard 
greens, radish, rutabaga, turnip)

List of Subjects

    Environmental protection, Pesticides and pests.


[[Page 69069]]


    Dated: October 28, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2010-28138 Filed 11-9-10; 8:45 am]
BILLING CODE 6560-50-P