[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Notices]
[Pages 29238-29240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12478]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0123; FRL-8872-2]


Methyl Bromide; Cancellation Order for Registration Amendments To 
Terminate Certain Soil Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the amendments to 
terminate soil uses, voluntarily requested by the registrants and 
accepted by the Agency, of products containing methyl bromide, pursuant 
to section 6(f)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), as amended. This cancellation order follows a 
February 9, 2011, Federal Register Notice of Receipt of Requests from 
the registrants listed in Table 2 of Unit II to voluntarily amend to 
terminate uses of these product registrations. These are not the last 
products containing this pesticide registered for use in the United 
States. In that 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 
registrants withdrew their requests. The Agency did not receive any 
comments on the notice. Further, the registrants did not withdraw their 
requests. These amendments do not affect post-harvest fumigant uses. 
Any distribution, sale, or use of the products subject to this 
cancellation order is permitted only in accordance with the terms of 
this order, including any existing stocks provisions.

DATES: The amendments are effective May 20, 2011.

FOR FURTHER INFORMATION CONTACT: Susan Bartow, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 603-0065; fax number: (703) 308-8090; 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-2005-0123. 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 telephone number is (703) 305-5805.

II. What action is the agency taking?

    This notice announces the amendments to delete uses, as requested 
by registrants, of products registered under section 3 of FIFRA. These 
registrations are listed in sequence by registration number in Tables 
1A and 1B of this unit.

                     Table 1A--Methyl Bromide Product Registration Amendments To Delete Uses
----------------------------------------------------------------------------------------------------------------
               Registration No.                          Product name                        Company
----------------------------------------------------------------------------------------------------------------
5785-19......................................  Terr-O-Gas[reg] 70..............  Great Lakes Chemical
                                                                                  Corporation.
5785-22......................................  Terr-O-Gas[reg] 98..............  Great Lakes Chemical
                                                                                  Corporation.
5785-23......................................  Terr-O-Gas[reg] 45..............  Great Lakes Chemical
                                                                                  Corporation.
5785-24......................................  Terr-O-Gas[reg] 67..............  Great Lakes Chemical
                                                                                  Corporation.
5785-25......................................  Terr-O-Gas[reg] 33..............  Great Lakes Chemical
                                                                                  Corporation.
5785-28......................................  Terr-O-Gas[reg] 57..............  Great Lakes Chemical
                                                                                  Corporation.
5785-40......................................  Terr-O-Gas[reg] 75..............  Great Lakes Chemical
                                                                                  Corporation.
5785-42......................................  Brom-O-Gas[reg] 2%..............  Great Lakes Chemical
                                                                                  Corporation.
5785-47......................................  Terr-O-Gas[reg] 80..............  Great Lakes Chemical
                                                                                  Corporation.
5785-48......................................  Terr-O-Gas[reg] 50..............  Great Lakes Chemical
                                                                                  Corporation.
8536-05......................................  Pic-Brom 33.....................  Soil Chemicals Corporation
                                                                                 d/b/a Cardinal Professional
                                                                                  Products.

[[Page 29239]]

 
8536-06......................................  Pic-Brom 55.....................  Soil Chemicals Corporation
                                                                                 d/b/a Cardinal Professional
                                                                                  Products.
8536-07......................................  Pic-Brom 43.....................  Soil Chemicals Corporation
                                                                                 d/b/a Cardinal Professional
                                                                                  Products.
8536-09......................................  Pic-Brom 50.....................  Soil Chemicals Corporation
                                                                                 d/b/a Cardinal Professional
                                                                                  Products.
8536-11......................................  Pic-Brom 25.....................  Soil Chemicals Corporation
                                                                                 d/b/a Cardinal Professional
                                                                                  Products.
8536-19......................................  Methyl Bromide 98%..............  Soil Chemicals Corporation
                                                                                 d/b/a Cardinal Professional
                                                                                  Products.
8536-20......................................  Pic-Brom 67.....................  Soil Chemicals Corporation
                                                                                 d/b/a Cardinal Professional
                                                                                  Products.
8622-12......................................  98-2 Soil Fumigant..............  ICL-IP America, Incorporated.
8622-13......................................  67-33 Preplant Soil Fumigant....  ICL-IP America, Incorporated.
8622-14......................................  70-30 Preplant Soil Fumigant....  ICL-IP America, Incorporated.
8622-15......................................  75-25 Preplant Soil Fumigant....  ICL-IP America, Incorporated.
8622-17......................................  Metabrom 99.....................  ICL-IP America, Incorporated.
8622-39......................................  50-50 Preplant Soil Fumigant....  ICL-IP America, Incorporated.
8622-40......................................  57-43 Preplant Soil Fumigant....  ICL-IP America, Incorporated.
8622-44......................................  80-20 Preplant Soil Fumigant....  ICL-IP America, Incorporated.
8853-1.......................................  MBC Soil Fumigant...............  Hendrix and Dail, Incorporated.
8853-2.......................................  MBC Concentrate Soil Fumigant...  Hendrix and Dail, Incorporated.
8853-3.......................................  MBC-33 Soil Fumigant............  Hendrix and Dail, Incorporated.
11220-04.....................................  Tri-Con 57/43...................  Trical, Incorporated.
11220-07.....................................  Tri-Con 67/33...................  Trical, Incorporated.
11220-08.....................................  Tri-Con 75/25...................  Trical, Incorporated.
11220-10.....................................  Tri-Con 50/50...................  Trical, Incorporated.
11220-11.....................................  Tri-Con 45/55...................  Trical, Incorporated.
11220-17.....................................  Methyl Bromide 89.5%............  Trical, Incorporated.
58266-1......................................  Tri-Con 80/20 Preplant Soil       Shadow Mountain Products
                                                Fumigant.                         Corporation.
----------------------------------------------------------------------------------------------------------------


                     Table 1B--Methyl Bromide Product Registration Amendments To Delete Uses
----------------------------------------------------------------------------------------------------------------
           Registration No.                  Product name               Company             Uses to be deleted
----------------------------------------------------------------------------------------------------------------
8536-12..............................  Methyl Bromide 99.5%...  Soil Chemicals           Soil fumigation uses.
                                                                 Corporation d/b/a
                                                                 Cardinal Professional
                                                                 Products.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for 
all registrants of the products in Table 1A and Table 1B 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 1A 
and Table 1B of this unit.

                Table 2--Registrants of Amended Products
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            EPA Company No.                 Company name and address
------------------------------------------------------------------------
5785..................................  Great Lakes Chemical
                                         Corporation, P.O. Box 2200,
                                         West Lafayette, IN 47996-2200.
8536..................................  Soil Chemicals Corporation, d/b/
                                         a Cardinal Professional
                                         Products, P.O. Box 782,
                                         Hollister, CA 95024-0782.
8622..................................  ICL-IP America, Incorporated, 95
                                         MacCorkle Avenue, SW., South
                                         Charleston, WV 25303.
8853..................................  Hendrix and Dail, Incorporated,
                                         P.O. Box 648, Greenville, NC
                                         27835-0648.
11220.................................  Trical, Incorporated, P.O. Box
                                         1327, Hollister, CA 95024-1327.
58266.................................  Shadow Mountain Products
                                         Corporation, P.O. Box 1327,
                                         Hollister, CA 95024-1327.
------------------------------------------------------------------------

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 February 9, 2011, Federal Register notice (76 FR 
7200; FRL-8862-5) announcing the Agency's receipt of the requests for 
voluntary amendments to delete uses of products listed in Table 1A and 
Table 1B of Unit II.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendments to terminate uses of methyl bromide registrations identified 
in Table 1A and Table 1B of Unit II. Accordingly, the Agency hereby 
orders that the product registrations identified in Table 1A and Table 
1B of Unit II. are amended to terminate the affected uses. The 
effective date of the amendment of methyl bromide products that include 
soil uses other than uses that meet the definition of a ``critical 
use,'' a ``quarantine application,'' or a ``pre-shipment application;'' 
caneberries; fresh market tomatoes grown in California; fresh market 
peppers grown in California; Vidalia onions grown in Georgia; ginger 
grown in Hawaii; golf courses and athletic/recreational fields for 
resurfacing/replanting of turf; and treatment of tobacco seedling trays 
is May 20, 2011. The effective date of the

[[Page 29240]]

amendment of methyl bromide products that include the non-CUE/QPS use 
on fresh market tomatoes (CA), fresh market peppers (CA), Vidalia 
onions (GA), and ginger (HI) is December 31, 2012. The effective date 
of the amendment of methyl bromide products that includes the non-CUE/
QPS use for resurfacing/replanting turf and sod on golf courses and 
athletic/recreational fields is December 31, 2013. The effective date 
of the amendment of methyl bromide products that include the non-CUE/
QPS use on caneberry or tobacco seedling tray uses is December 31, 
2014. The effective date of the amendment listed in Table 1B is May 20, 
2011. These amendments do not affect post-harvest fumigant uses of 
methyl bromide. Any distribution, sale, or use of existing stocks of 
the products identified in Table 1A and Table 1B of Unit II. in a 
manner inconsistent with any of the provisions for disposition of 
existing stocks set forth in Unit VI. will be 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 EPA Administrator may approve 
such a request. The notice of receipt for this action was published for 
comment on February 9, 2011. The comment period closed on March 11, 
2011.

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.

A. For All Products Listed in Table 1A in Unit II

    1. All sale or distribution of existing stocks of methyl bromide 
products that include soil uses other than uses that meet the 
definition of a ``critical use,'' a ``quarantine application,'' or a 
``pre-shipment application;'' caneberries; fresh market tomatoes grown 
in California; fresh market peppers grown in California; Vidalia onions 
grown in Georgia; ginger grown in Hawaii; golf courses and athletic/
recreational fields for resurfacing/replanting of turf; and treatment 
of tobacco seedling trays is prohibited after publication of the 
cancellation order, unless that sale or distribution is solely for the 
purpose of facilitating disposal or export of the product.
    Existing stocks may be used until those stocks are exhausted, 
provided that such use complies with the EPA-approved label and 
labeling of the product.
    2. Existing stocks of methyl bromide products that include the non-
CUE/QPS use on fresh market tomatoes (CA), fresh market peppers (CA), 
Vidalia onions (GA), and ginger (HI) may be sold and distributed for 
120 days after the effective date of cancellation (i.e., 120 days after 
December 31, 2012); and users may continue to use existing stocks of 
such products for production of fresh market tomatoes (CA), fresh 
market peppers (CA), Vidalia onions (GA), and ginger (HI) until those 
existing stocks are exhausted, provided that no later than August 31, 
2012, each registrant has submitted for each of the registrant's 
products labeled for the fresh market tomatoes (CA), fresh market 
peppers (CA), Vidalia onions (GA), and ginger (HI) uses, an application 
for amended registration to revise the approved labeling for those 
products to delete any language allowing use of the product for any of 
those uses. For any product that does not meet this condition, EPA may 
issue an amended order that prohibits sale and distribution and use of 
existing stocks as of the effective date of cancellation.
    3. Existing stocks of methyl bromide products that include the non-
CUE/QPS use on golf courses and athletic/recreational fields uses may 
be sold and distributed for 120 days after the effective date of 
cancellation (i.e., 120 days after December 31, 2013); and users may 
continue to use existing stocks of such products for resurfacing/
replanting turf and sod on golf courses and athletic/recreational 
fields until those existing stocks are exhausted, provided that no 
later than August 31, 2013, each registrant has submitted for each of 
the registrant's products labeled for the golf course and athletic/
recreational field uses, an application for amended registration to 
revise the approved labeling for those products to delete any language 
allowing use of the product for any of those uses. For any product that 
does not meet this condition, EPA may issue an amended order that 
prohibits sale and distribution and use of existing stocks as of the 
effective date of cancellation.
    4. Existing stocks of methyl bromide products that include the non-
CUE/QPS use on caneberry or tobacco seedling tray uses may be sold and 
distributed for 120 days after the effective date of cancellation 
(i.e., 120 days after December 31, 2014); and users may continue to use 
existing stocks of such products on the caneberry and tobacco seedling 
tray uses until those existing stocks are exhausted, provided that no 
later than August 31, 2014, each registrant has submitted for each of 
the registrant's products labeled for the caneberry or tobacco seedling 
tray uses, an application for amended registration to revise the 
approved labeling for those products to delete any language allowing 
use of the product for any of those uses. For any product that does not 
meet this condition, EPA may issue an amended order that prohibits sale 
and distribution and use of existing stocks as of the effective date of 
cancellation.

B. For the Product Listed in Table 1B in Unit II

    All sale or distribution by the registrant of existing stocks is 
prohibited after publication of the cancellation order, unless that 
sale or distribution is solely for the purpose of facilitating disposal 
or export of the product.
    Existing stocks may be sold and distributed by persons other than 
the registrant for 6 months from the date of the cancellation order.
    Existing stocks may be used until those stocks are exhausted, 
provided that such use complies with the EPA-approved label and 
labeling of the product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 14, 2011.
Peter Caulkins,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2011-12478 Filed 5-19-11; 8:45 am]
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