[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70256-70258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28823]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0116; FRL-8850-1]


Tralomethrin; Notice of Receipt of Request 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 a request by the registrant to voluntarily cancel 
their registrations of products containing the pesticide tralomethrin. 
The request would not terminate the last tralomethrin products 
registered for use in the United States, but this action will cancel 
the sole technical product registration for tralomethrin. 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 registration has been cancelled 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 December 17, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2010-0116, 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-
2010-0116. 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 Web site 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: K. Avivah Jakob, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-1328; fax 
number: (703) 308-6467; 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

[[Page 70257]]

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 Request To Cancel Registrations

    This notice announces receipt by EPA of a request from registrant 
Bayer (Bayer CropScience LP and Bayer Environmental Science) to cancel 
certain tralomethrin product registrations. Tralomethrin is a broad-
spectrum Type II systemic pyrethroid ester insecticide registered for 
use in a variety of residential and commercial settings, and on a small 
number of agricultural crops including broccoli, cauliflower, cotton, 
lettuce, peanuts and sunflowers. In a letter dated August 11, 2010, 
Bayer requested EPA to cancel certain pesticide product registrations 
identified in Table 1 of Unit III. Specifically, the technical 
registrant voluntarily requested these cancellations because Bayer has 
not sold products containing tralomethrin for several years. This 
action on the registrant's request will not terminate the last 
tralomethrin products registered in the United States, but this action 
will cancel the sole technical product registration for tralomethrin.

III. What Action Is the Agency Taking?

    This notice announces receipt by EPA of a request from a registrant 
to cancel certain tralomethrin product registrations. The affected 
products and the registrant making the request 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 the 
affected registrations.

               Table 1--Tralomethrin Product Registrations With Pending Requests for Cancellation
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            Registration number                    Product name                         Company
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264-1001...................................  Scout Manufacturing Use  Bayer CropScience LP.
                                              Product.
264-1003...................................  Scout Insecticide......  Bayer CropScience LP.
264-1004...................................  Scout X-Tra Insecticide  Bayer CropScience LP.
264-1005...................................  Scout 0.3 EC             Bayer CropScience LP.
                                              Insecticide.
264-1009...................................  HR 20900 Insecticide...  Bayer CropScience LP.
264-1010...................................  Scout X-Tra Gel          Bayer CropScience LP.
                                              Insecticide.
432-755....................................  Saga WP Insecticide....  Bayer Environmental Science.
432-760....................................  Saga WSB...............  Bayer Environmental Science.
432-784....................................  Saga RTU-FA Insecticide  Bayer Environmental Science.
432-1278...................................  Tralex Manufacturing     Bayer Environmental Science.
                                              Use Product II.
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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 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--Registrant Requesting Voluntary Cancellation
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          EPA company No.                 Company name and address
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264, 432..........................  Bayer CropScience LP & Bayer
                                     Environmental Science.
                                    2 T.W. Alexander Drive, PO Box
                                     12014.
                                    Research Triangle Park, NC 27709.
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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 tralomethrin registrant has requested that EPA waive the 180-
day comment period. Accordingly, EPA will provide a 30-day comment 
period on the proposed request.

V. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product 
cancellation or use deletion should submit the withdrawal in writing to 
the person listed under FOR FURTHER INFORMATION CONTACT. If the 
product(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.

[[Page 70258]]

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 voluntary cancellation is granted, the 
Agency intends to publish the cancellation order in the Federal 
Register.
    In any order issued in response to this request 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.
    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 canceled products 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 
canceled products.

List of Subjects

    Environmental protection, Pesticides and pests, Tralomethrin.

    Dated: November 9, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2010-28823 Filed 11-16-10; 8:45 am]
BILLING CODE 6560-50-P