[Federal Register Volume 76, Number 159 (Wednesday, August 17, 2011)]
[Notices]
[Pages 51031-51032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20572]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0955; FRL-8881-2]


Registration; Cancellation Order for Rodenticide Products That 
Have Expired

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's cancellation order for certain 
rodenticide products containing the pesticide active ingredients 
brodifacoum, difenacoum and bromethalin, pursuant to section 3 of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) because as 
of June 4, 2011 these time-limited registrations expired. These are not 
the last products containing these pesticide active ingredients 
registered for use in the United States. 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 stock 
provisions.

DATES: The expirations occurred on June 4, 2011.

FOR FURTHER INFORMATION CONTACT: Rusty Wasem, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington DC 20460-
0001; telephone number: (703) 305-6979; 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, farmworker, 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-2006-0955. 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 June 4, 2011 expiration of certain 
products registered under section 3 of FIFRA. This notice serves as a 
cancellation order to provide for existing stocks of affected products. 
These registrations are listed in sequence by registration number in 
Table 1 of this unit.

                Table 1--Registrations and Product Names
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       EPA Registration No.                     Product name
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47629-14*.........................  Difenacoum Rat and Mouse Pellets
                                     (consumer use only).
47629-16*.........................  Difenacoum Rat and Mouse Block
                                     (consumer use only).
47629-17*.........................  Difenacoum Rat and Mouse Place Packs
                                     (consumer use only).
47629-11..........................  Bromethalin Rat & Mouse Block.
47629-13..........................  Bromethalin 0.01% Pellet.
7173-284..........................  Difethialone 12G Mini Blocks.
3282-89...........................  Fleeject.
3282-90...........................  D-Con Bait Station.
3282-91...........................  Mimas.
72159-11..........................  Gladiator All Weather Bait.
72159-12..........................  Agrisel Gladiator Place Pack
                                     Pellets.
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* The registrations 47629-14, 47629-16, and 47629-17 were each
  registered for three different use patterns: (1) Consumer use, (2)
  Agricultural use, and (3) Professional use. Because the expiration
  date for 47629-14, 47629-16, and 47629-17 applied only to the consumer
  use, in regard to these three products, this cancellation order
  applies only to the consumer use.


[[Page 51032]]

    Table 2 of this unit includes the name and address of record for 
the registrant of the products in Table 1 of this unit, 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 of Expired Rodenticide Products
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          EPA Company No.                 Company name and address
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47629.............................  Woodstream Corp., 69 North Locust
                                     St., P.O. Box 327, Lititz, PA, USA
                                     17543-0327.
3282..............................  Reckitt Benckiser Inc., 399
                                     Interspace Parkway, Parsippany, NJ,
                                     USA 07054-0225.
7173..............................  Liphatech Inc., 3600 W. Elm St.,
                                     Milwaukee, WI, USA 53209.
72159.............................  Agrisel USA, Inc., P.O. Box 3528,
                                     Suwanee, GA, USA 30024.
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III. Cancellation Order

    Pursuant to FIFRA section 3, EPA hereby announces the June 4, 2011 
expiration of the time-limited registrations identified in Table 1 of 
Unit II. The registrants listed above in Table 2, Unit II agreed at the 
time the registrations were issued to the June 4, 2011 expiration date 
for these registrations. Additionally, on May 27, 2011 EPA accepted 
Woodstream's request to amend its difenacoum products to narrow the 
scope of the time-limited registration so that the expiration date 
would apply only to the consumer use (Sublabel A), allowing the 
products to remain registered but only for agricultural and 
professional uses. All other registrations listed in Table 1 in Unit II 
expired on June 4, 2011 without exception. The Agency considers the 
expiration of a time-limited registration to be a cancellation under 
section 3 of FIFRA, for purposes of section 6(a)(1) of FIFRA. Any 
distribution, sale, or use of existing stocks of the canceled products 
identified in Table 1 of Unit II in a manner inconsistent with any of 
the Provisions for Disposition of Existing Stocks set forth in Unit 
IV., will be considered a violation of FIFRA section 12(a)(2)(K).
    Pursuant to the terms set forth in Unit IV., EPA is allowing the 
sale, distribution, and use of existing stocks of the registrations 
subject to this cancellation order primarily because there are other 
similar rodenticide products that remain registered, and may lawfully 
be distributed, sold, and used until EPA completes cancellation 
proceedings pursuant to FIFRA section 6(b).\1\ Although, EPA is 
allowing the sale, distribution, and use of existing stocks of the 
registrations subject to this cancellation order, the Agency retains 
the right to amend this order, if circumstances warrant. If the similar 
products are cancelled, it is likely that the Agency will consider 
modifying this cancellation order to mirror the treatment of existing 
stocks of the other cancelled products.
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    \1\ In its June 7, 2011 press release, EPA announced that it is 
preparing to initiate cancellation proceedings against similar 
rodenticide registrations that have not expired. See http://yosemite.epa.gov/opa/admpress.nsf/1e5ab1124055f3b28525781f0042ed40/5689a230c1490219852578a80053a4b7!OpenDocument
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IV. Provisions for Disposition of Existing Stocks

    For purposes of this order, existing stocks are those stocks of 
pesticide products subject to the cancellation order that are currently 
in the United States and were packaged, labeled, and released for 
shipment prior to the effective date of the cancellation action. This 
cancellation order includes the following existing stock provisions:
    All registrants identified in Table 2 in Unit II may continue to 
sell or distribute existing stocks of the products identified in Table 
1 of Unit II released for shipment on or before June 4, 2011 bearing 
appropriate previously approved labeling until supplies are exhausted.
    Persons other than the registrant may continue to sell or 
distribute existing stocks of the products identified in Table 1 of 
Unit II until supplies are exhausted, provided that products contain 
the appropriate, previously-approved labeling and that products were 
released by registrant on or before June 4, 2011. Any person may 
continue to use existing stocks of canceled products provided that such 
use is consistent with the terms of the previously approved labeling of 
the canceled products.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 5, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2011-20572 Filed 8-16-11; 8:45 am]
BILLING CODE 6560-50-P