[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33281-33282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14218]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0639; FRL-8874-5]


2-(Hydroxymethyl)-2-nitro-1,3-propanediol (Tris Nitro); Notice of 
Receipt of Requests for Amendments To Terminate Uses; Notice of 
Withdrawal/Vacation of Order To Amend Registrations To Terminate 
Certain Uses

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 for amendments by registrants to 
terminate uses in certain pesticide registrations. 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 amended to terminate 
one or more uses. FIFRA further provides that, before acting on the 
requests, EPA must publish a notice of receipt of any request in the 
Federal Register. The Agency is also issuing a Notice of Withdrawal/
Vacation of the ``2-(Hydroxymethyl)-2-nitro-1,3-propanediol (Tris 
Nitro) Order to Amend Registrations to Terminate Certain Uses'' 
published in the Federal Register on September 22, 2010. The Final 
Order dated September 22, 2010 was issued in error and EPA is 
withdrawing/vacating that Order.

DATES: The terminations are effective July 8, 2011, unless the Agency 
receives a written withdrawal request on or before July 8, 2011. The 
Agency will consider a withdrawal request postmarked no later than July 
8, 2011.
    Users of these products who desire continued use on crops or sites 
being terminated should contact the applicable registrant on or before 
July 8, 2011.

ADDRESSES: Submit your withdrawal request, identified by docket 
identification (ID) number EPA-HQ-OPP-2009-0639, by one of the 
following methods:
     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.

FOR FURTHER INFORMATION CONTACT: Rebecca Von-Dem 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. Although this 
action may be of particular interest to persons who produce or use 
pesticides, 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 information in this notice, 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 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 through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 
305-5805.

II. What action is the agency taking?

    This notice announces receipt by the Agency of requests for 
amendments from a registrant to terminate uses in certain pesticide 
registrations. These registrations are listed in Table 1 of this unit 
by registration number, product name, active ingredient, and specific 
uses requested to be terminated.
    In this Federal Register Notice, the Agency is also issuing a 
Notice of Withdrawal/Vacation of the ``2-(Hydroxymethyl)-2-nitro-1,3-
propanediol (tris nitro) Order to Amend Registrations to Terminate 
Certain Uses'' published in the Federal Register on September 22, 2010 
(75 FR 57780) (FRL-8843-4). In letters dated November 19, 2009, Dow 
Chemical Company requested to amend to terminate certain uses of its 
affected Tris Nitro pesticide product registrations. On June 23, 2010 
(75 FR 35807) (FRL-8829-3), the Agency published a Federal Register 
Notice announcing receipt of the requests from the registrant to amend 
to terminate certain uses. After a 30-day comment period in which no 
comments were received, the Agency published the ``2-(Hydroxymethyl)-2-
nitro-1,3-propanediol (Tris Nitro); Order to Amend Registrations to 
Terminate Certain Uses'' in the Federal Register on September 22, 2010. 
However, a letter from Dow Chemical Company dated February 25, 2010 
requesting to officially withdraw the use termination requests was not 
processed in a timely manner; therefore, the September 22, 2010 Order, 
which included all uses listed in Table 1 of this unit in addition to 
use in or on livestock and poultry premises, was issued in error. In 
this Federal Register notice, the September 22, 2010 Order is being 
withdrawn/vacated by the Agency.

             Table 1.--Requests for Amendments to Terminate Uses in Certain Pesticide Registrations
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          Registration No.                Product name               Company            Uses to be terminated
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464-657............................  Tris NitroTM Solid      The Dow Chemical        Use in metalworking fluids;
                                      Industrial              Company.                Latex paints; Resin/latex/
                                      Bacteriostat.                                   polymer emulsions;
                                                                                      Specialty industrial
                                                                                      products.

[[Page 33282]]

 
464-658............................  Tris NitroTM Brand of   The Dow Chemical        Use in metalworking fluids;
                                      50% AqueousTris         Company.                Latex paints; Resin/latex/
                                      (hydroxymethyl)                                 polymer emulsions;
                                      nitromethane.                                   Specialty industrial
                                                                                      products.
464-663............................  Tris NitroTM Brand of   The Dow Chemical        Use in paints, emulsions
                                      50% Aqueous Tris        Company.                and thickener solutions;
                                      (hydroxymethyl)                                 Use in metalworking
                                      nitromethane.                                   fluids; Use as a
                                                                                      preservative for packaged
                                                                                      emulsions, solutions, or
                                                                                      suspensions, such as
                                                                                      detergents and polishes
                                                                                      containing water.
464-668............................  Tris NitroTM Brand of   The Dow Chemical        Use in metalworking fluids;
                                      25% Aqueous Tris        Company.                Use as a preservative for
                                      (hydroxymethyl)                                 packaged emulsions,
                                      nitromethane.                                   solutions, or suspensions,
                                                                                      such as detergents and
                                                                                      polishes containing water.
464-679............................  Tris NitroTM Brand....  The Dow Chemical        Use in paints, emulsions,
                                                              Company.                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 paper-mill
                                                                                      process water systems.
----------------------------------------------------------------------------------------------------------------

    Users of these products who desire continued use on crops or sites 
being terminated should contact the applicable registrant before July 
8, 2011to discuss withdrawal of the application for amendment. This 30-
day period will also permit interested members of the public to 
intercede with registrants prior to the Agency's approval of the 
terminations.
    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.

 Table 2--Registrant Requesting Amendments To Terminate Uses in Certain
                         Pesticide Registrations
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              EPA Company No.                 Company name and address
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464.......................................  The Dow Chemical Company,
                                             1803 Building, Midland, MI
                                             48674.
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III. 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 amended to terminate one or more uses. The FIFRA further provides 
that, before acting on the requests, EPA must publish a notice of 
receipt of any such requests in the Federal Register. Thereafter, the 
Administrator may approve such requests.
    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 registrant requests 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 2-(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) 
registrant has requested that EPA waive the 180-day comment period. 
Accordingly, EPA will provide a 30-day comment period on the requests 
to amend to terminate uses.

IV. Procedures for Withdrawal of Requests

    Any registrant who chooses to withdraw a request for use 
termination must submit the withdrawal in writing to Rebecca von dem 
Hagen using the methods in ADDRESSES. The Agency will consider written 
withdrawal requests postmarked no later than July 8, 2011.

V. Provisions for Disposition of Existing Stocks

    If the requests for amendments to terminate uses are granted, the 
Agency will publish a cancellation order in the Federal Register. As 
part of any cancellation order, the Agency would expect to authorize 
the registrant to sell or distribute product under the previously 
approved labeling for a period of 18 months after the effective date of 
the use terminations, unless other restrictions have been imposed, as 
in special review actions.

List of Subjects

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

    Dated: May 26, 2011.
Joan Harrigan-Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 2011-14218 Filed 6-7-11; 8:45 am]
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