[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Pages 41250-41253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17359]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0507; FRL-8879-7]


Formetanate HCl and Acephate; Notice of Receipt of Requests to 
Voluntarily 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 by registrants to voluntarily amend their 
formetanate HCl and acephate product registrations to delete uses. The 
requests would delete formetanate HCl use in or on apple, pear and 
peach commodities, and acephate use in or on succulent green beans. The 
requests would not terminate the last formetanate HCl or acephate 
products registered for use in the United States. EPA intends to grant 
these requests 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 
one or more of the

[[Page 41251]]

registrants withdraws its request. If these requests are granted, any 
sale, distribution, or use of products listed in this notice will be 
permitted after the uses are deleted 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 August 12, 2011.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2011-0507, 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-
2011-0507. 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: For pesticide specific information 
contact: The Chemical Review Manager listed for the pesticide of 
interest:

 
 
 
Active Ingredient......................  Chemical Review Manager,
                                          Telephone Number, E-mail
                                          Address
Formetanate HCl........................  James Parker, (703) 306-0469
                                          [email protected]
Acephate...............................  Kelly Ballard, (703) 305-8126
                                          [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 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 Requests To Amend Registrations To 
Delete Uses

    This notice announces receipt by EPA of requests from several 
registrants including Amvac Chemical Corporation, United Phosphorus, 
Inc., ChemStarr, LLC, Makhteshim Agan of North America, Inc., and Tide 
International, USA, Inc., to delete the succulent green bean use from 
acephate product registrations. This notice also announces receipt by 
EPA of a request from Gowan Company to delete apple, peach and pear 
uses from formetanate HCl product registrations.
    In a letter dated May 31, 2011, Gowan Company requested that the 
EPA amend to delete apple, peach and pear uses from formetanate HCl 
product

[[Page 41252]]

registrations identified in Table 1 of Unit III. Specifically, Gowan 
Company is requesting to amend product registrations to delete 
formetanate HCl use on apples, peaches and pears in order to reduce 
dietary exposure and risks. This action by Gowan Company will aid in 
mitigating dietary risks identified in a December 7, 2010, dietary risk 
assessment. More information regarding this situation is available in 
the formetanate HCl docket (EPA-HQ-OPP-2010-0939). Formetanate HCl is a 
miticide/insecticide used on assorted crops. There are no residential 
uses for formetanate HCl products. Registered products containing 
formetanate HCl are intended to control thrips, lygus bugs, stink bugs, 
mites, scale, campylloma, and spiders. Currently, formetanate HCl is 
only available as a wettable powder formulation sold in water soluble 
bags. The deletion of these uses will not terminate the last 
formetanate HCl products registered in the United States.
    In letters dated April 20, 2011 (Makhteshim Agan of North America, 
Inc.), May 10, 2011 (United Phosphorus, Inc.), May 13, 2011 (Amvac 
Chemical Corporation), and May 25, 2011 (ChemStarr, LLC., and Tide 
International, USA, Inc.), registrants requested that EPA amend their 
product registrations to delete the succulent green bean use from 
acephate product registrations which are identified in Table 1 of Unit 
III. Specifically, the registrants are requesting to amend product 
registrations to delete acephate use on succulent green beans. Acephate 
is an organophosphate insecticide, and is registered for use on a 
variety of field, fruit, and vegetable crops, and in food handling 
establishments. It is also registered for outdoor use on field-grown 
ornamentals, pasture, rangeland, sod and golf course turf, and indoor 
use in institutional settings. The deletion of these uses will not 
terminate the last acephate products registered in the United States.

III. What action is the agency taking?

    This notice announces receipt by EPA of requests from registrants 
to delete certain uses of formetanate HCl and acephate product 
registrations. The affected products and the registrants 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 amending the 
affected registrations.

         Table 1--Formetanate HCl and Acephate Product Registrations With Pending Requests for Amendment
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           Registration No.                  Product name               Chemical            Uses to be deleted
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10163-264............................  Formetanate              Formetanate HCl........  Apple, Peach & Pear.
                                        Hydrochloride
                                        Technical.
10163-265............................  Carzol SP Miticide/      Formetanate HCl........  Apple, Peach & Pear.
                                        Insecticide in Water
                                        Soluble Packaging.
WA010033.............................  Carzol SP Insecticide    Formetanate HCl........  Apple & Pear.
                                        in Water Soluble
                                        Packaging.
5481-8975............................  Orthene Technical......  Acephate...............  Succulent Green Beans.
70506-1..............................  Acephate 75 Insecticide  Acephate...............  Succulent Green Beans.
70506-2..............................  Acephate 90 Insecticide  Acephate...............  Succulent Green Beans.
70506-3..............................  Acephate Technical.....  Acephate...............  Succulent Green Beans.
70506-8..............................  Acephate 97UP            Acephate...............  Succulent Green Beans.
                                        Insecticide.
70506-71.............................  Acephate 90SP            Acephate...............  Succulent Green Beans.
                                        Manufacturing Use
                                        Product.
70506-76.............................  Acephate 90DF            Acephate...............  Succulent Green Beans.
                                        Insecticide.
81964-1..............................  Acephate Technical.....  Acephate...............  Succulent Green Beans.
81964-3..............................  Acephate 90% SP........  Acephate...............  Succulent Green Beans.
83558-35.............................  Acephate Technical.....  Acephate...............  Succulent Green Beans.
84229-7..............................  Tide Acephate 90 WDG...  Acephate...............  Succulent Green Beans.
----------------------------------------------------------------------------------------------------------------

    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--Registrants Requesting Voluntary Amendments
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            EPA Company No.                  Company name and address
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5481...................................  Amvac Chemical Corporation,
                                          4695 MacArthur Court, Suite
                                          1250, Newport Beach, CA 92660.
10163..................................  Gowan Company, P.O. Box 5569,
                                          Yuma, AZ 85366-5569.
70506..................................  United Phosphorus, Inc., 630
                                          Freedom Business Center, Suite
                                          402, King of Prussia, PA
                                          19406.
81964..................................  ChemStarr, LLC, 21 Hubble,
                                          Irvine, CA 92618.
83558..................................  Makhteshim Agan of North
                                          America, Inc., 4515 Falls of
                                          Neuse Road, Suite 300,
                                          Raleigh, NC 27609.
84229..................................  Tide International, USA, Inc.,
                                          21 Hubble, Irvine, CA 92618.
------------------------------------------------------------------------

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

[[Page 41253]]

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 formetanate HCl and acephate registrants have requested that 
EPA waive the 180-day comment period. Accordingly, EPA will provide a 
30-day comment period on the proposed requests.

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 
products have been subject to a previous cancellation action, the 
effective date of cancellation and all other provisions of any earlier 
cancellation action are controlling.

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 requests for amendments to delete uses are granted, the 
Agency intends to publish the cancellation order in the Federal 
Register.
    In any order issued in response to these requests for amendments to 
delete uses, EPA proposes to include the following provisions for the 
treatment of any existing stocks of the products listed in Table 1 of 
Unit III.
    Formetanate HCl registrants will be permitted to sell and 
distribute existing stocks of products under the previously approved 
labeling until November 30, 2011. 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 products, including those of (24c) Special Local 
Needs Registration, whose labels include the deleted uses until 
December 31, 2013, provided that such sale, distribution, or use is 
consistent with the terms of the previously approved labeling on, or 
that accompanied, the deleted uses.
    Once EPA has approved amended acephate product labels reflecting 
the requested amendments to delete the succulent green bean use, 
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.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 30, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2011-17359 Filed 7-12-11; 8:45 am]
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