[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1684-1687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-229]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0933; FRL-9328-2]


Imidacloprid, Oxamyl, and Methomyl; Notice of Receipt of Requests 
to Voluntarily Amend Pesticide 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 
certain imidacloprid product registrations to delete use on almonds, to 
voluntarily amend oxamyl product registrations to delete use on 
soybeans, and to voluntarily amend methomyl product registrations to 
delete use on grapes. The requests would not terminate the last 
imidacloprid, oxamyl, or methomyl 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 it receives substantive 
comments within the comment period that would merit further review of 
the request, or unless one or more of the registrants withdraws its 
request. If the Agency grants these requests, 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 February 10, 2012.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2011-0933 and pesticide active ingredient to 
which they pertain (imidacloprid, oxamyl, or methomyl), 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-
2011-0933, and identify the pesticide active ingredient (imidacloprid, 
oxamyl, or methomyl) to which they pertain. 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 email. 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 email comment directly to EPA without 
going through regulations.gov, your email 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: Contact the appropriate Chemical 
Review Manager identified in the table in this unit for the pesticide 
active ingredient of interest:

 
------------------------------------------------------------------------
                                          Chemical review manager's name
      Pesticide active ingredient            and contact information
------------------------------------------------------------------------
Imidacloprid...........................  Rusty Wasem, Telephone number:
                                          (703) 305-6979, email address:
                                          [email protected].
Methomyl...............................  Tom Myers, Telephone number:
                                          (703) 308-8589, email address:
                                          [email protected].
Oxamyl.................................  Monica Wait, Telephone number:
                                          (703) 347-8019, email address:
                                          [email protected].
------------------------------------------------------------------------

    Alternatively, you can write to the appropriate Chemical Review 
Manager's attention at: Pesticide Re-evaluation Division (7508P), 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Avenue NW., Washington, DC 20460-0001.

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

[[Page 1685]]

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 do I submit comments and other related information?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. 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 Bayer 
CropScience, United Phosphorus, Source Dynamics, IPM Resources, 
Makhteshim Agan, Sharda, and Willowood to delete the almond use from 
imidacloprid product registrations. This notice also announces receipt 
by EPA of requests from DuPont Crop Protection to delete the soybean 
use from oxamyl product registrations and to delete the grape use from 
methomyl product registrations.
    In letters dated February 25, 2011 (Bayer CropScience), March 10, 
2011 (United Phosphorus, Source Dynamics, Willowood), March 14, 2011 
(Sharda USA LLC), March 16, 2011 (Sharda Worldwide Exports PVT. LTD.), 
March 17, 2011 (IPM Resources), and March 18, 2011 (Makhteshim Agan), 
registrants requested that the EPA amend the respective imidacloprid 
product registrations to delete use on almonds, summarized in Table 1 
of Unit III. These cancellations are not due to human health (dietary) 
issues. Imidacloprid is a systemic neonicotinoid insecticide used on 
food crops, ornamentals, turf, seed treatments, domestic pets, and 
structural pests. The deletion of these uses will not terminate the 
last imidacloprid products registered in the United States.
    In a letter dated October 19, 2011, DuPont Crop Protection 
requested that the EPA amend the respective oxamyl product 
registrations to delete use on soybeans, summarized in Table 1 of Unit 
III. Oxamyl is a restricted use N-methyl carbamate (NMC) insecticide, 
acaricide, miticide, nematicide, and plant growth regulator registered 
for use on a variety of fruits, vegetables, and field crops. It is a 
member of the NMC class of chemicals that share a common mechanism of 
toxicity and inhibit acetylcholinesterase. Use of oxamyl on soybeans 
was removed from all oxamyl product labels in 2006 following the Oxamyl 
Reregistration Eligibility Decision. Deletion of the soybean use will 
not terminate the last oxamyl products registered in the United States.
    In a letter dated November 18, 2010, DuPont Crop Protection 
requested that the EPA amend the respective methomyl product 
registrations to delete use on grapes, summarized in Table 1 of Unit 
III. Methomyl is an NMC insecticide and miticide, registered for use on 
a variety of fruits, vegetables, and field crops. Deletion of the grape 
use will not terminate the last methomyl 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 almond uses of imidacloprid product registrations, the 
soybean uses of oxamyl product registrations, and the grape uses of 
methomyl product registrations. These requests terminate the use of 
imidacloprid on almonds, oxamyl on soybeans, and methomyl on grapes. 
The affected products and the registrants making the requests are 
identified in Table 1 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--Product Registrations With Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
       EPA Registration No.              Product name        Active ingredient          Uses to be deleted
----------------------------------------------------------------------------------------------------------------
264-755...........................  Imidacloprid           Imidacloprid.........  Almonds.
                                     Technical.
264-756...........................  Merit 75% Concentrate  Imidacloprid.........  Almonds.
                                     Insecticide.
264-1131..........................  Gaucho 600 Flowable    Imidacloprid.........  Almonds.
                                     Concentrate.
66222-156.........................  MANA Alias 4F........  Imidacloprid.........  Almonds.
66222-228.........................  Pasada 1.6 Flowable    Imidacloprid.........  Almonds.
                                     Insecticide.
70506-122.........................  UPI Imidacloprid       Imidacloprid.........  Almonds.
                                     Technical
                                     Insecticide.
70506-153.........................  Imidacloprid 70 DF     Imidacloprid.........  Almonds.
                                     Agricultural
                                     Insecticide.
70506-154.........................  Fist 1.6 F             Imidacloprid.........  Almonds.
                                     Insecticide.
81598-5...........................  Rotam Imidacloprid     Imidacloprid.........  Almonds.
                                     Technical.
82542-16..........................  Technical              Imidacloprid.........  Almonds.
                                     Imidacloprid.
82542-25..........................  Imidacloprid 2F        Imidacloprid.........  Almonds.
                                     Insecticide.
82633-8...........................  Imidacloprid           Imidacloprid.........  Almonds.
                                     Technical.
83529-6...........................  Midash Forte           Imidacloprid.........  Almonds.
                                     Insecticide.

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87290-14..........................  Willowood              Imidacloprid.........  Almonds.
                                     Imidacloprid 4SC.
83558-34..........................  Imidacloprid           Imidacloprid.........  Almonds.
                                     Technical
                                     Insecticide.
352-372...........................  Vydate L Insecticide/  Oxamyl...............  Soybeans.
                                     Nematicide.
352-400...........................  DuPont Oxamyl          Oxamyl...............  Soybeans.
                                     Technical 42
                                     Insecticide/
                                     Nematicide.
352-532...........................  Vydate C-LV            Oxamyl...............  Soybeans.
                                     Insecticide/
                                     Nematicide.
352-361...........................  DuPont Methomyl        Methomyl.............  Grapes.
                                     Composition.
352-366...........................  DuPont Methomyl        Methomyl.............  Grapes.
                                     Technical.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrants of the products listed 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 Requesting Amendment
------------------------------------------------------------------------
              EPA Company No.                 Company name and address
------------------------------------------------------------------------
264.......................................  Bayer CropScience, 2 T.W.
                                             Alexander Drive, P.O. Box
                                             12014, Research Triangle
                                             Park, NC 27709.
352.......................................  E.I. Du Pont de Nemours and
                                             Co., Inc., DuPont Crop
                                             Protection, 1007 Market
                                             Street, Wilmington, DE
                                             19898.
66222.....................................  Makhteshim Agan of North
                                             America, Inc., 4515 Falls
                                             of Neuse Road, Suite 300,
                                             Raleigh, NC 27609.
70506.....................................  United Phosphorus, Inc., 630
                                             Freedom Business Center,
                                             Suite 402, King of Prussia,
                                             PA 19406.
81598.....................................  IPM Resources LLC, 4032
                                             Crockers Lake Blvd., Suite
                                             818, Sarasota, FL 34238.
82542.....................................  Source Dynamics, Inc., 10039
                                             E. Troon North Drive,
                                             Scottsdale, AZ 85262.
82633.....................................  Sharda Worldwide Exports,
                                             7460 Lancaster Pike, Suite
                                             9, Hockessin, DE 19707.
83529.....................................  Sharda USA LLC., 7460
                                             Lancaster Pike, Suite 9,
                                             Hockessin, DE 19707.
83558.....................................  Celsius Property B.V.
                                             Amsterdam (NL), c/o
                                             Makhteshim Agan of North
                                             America, Inc., 4515 Falls
                                             of Neuse Road, Suite 300,
                                             Raleigh, NC 27609.
87290.....................................  Willowood, LLC, 1600 NW
                                             Garden Valley Blvd., Suite
                                             130, Roseburg, OR 97471.
------------------------------------------------------------------------

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 imidacloprid and methomyl registrants associated with this 
action have requested EPA waive the 180-day comment period. The oxamyl 
registrant's request to delete the soybean use does not constitute a 
minor agricultural use, and as such, the 180-day comment period does 
not apply. Accordingly, EPA will provide a 30-day comment period on the 
proposed imidacloprid, oxamyl, and methomyl 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, no later than 
30 days from publication of this notice. 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.
    For imidacloprid, the registrants listed in Table 1 will be 
permitted to sell and distribute existing stocks of products under the 
previously approved labeling for a period of 18 months after 
publication of the cancellation order in the Federal Register. 
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 such 
stocks are exhausted, 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 imidacloprid product labels 
reflecting the requested amendments to delete almond 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.
    For methomyl, now that EPA has approved amended product labels 
reflecting the requested amendments to delete the grape use, the 
registrants will be permitted to sell or distribute products under the 
previously approved

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labeling until June 8, 2012. 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. For oxamyl, 
because the soybean use has not been included on oxamyl product labels 
since 2006, EPA and the registrant believe that no existing stocks 
period is needed.

List of Subjects

    Environmental protection, Almond, Grape, Imidacloprid, Methomyl, 
Oxamyl, Pesticides and pests, Soybean.

    Dated: December 15, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2012-229 Filed 1-10-12; 8:45 am]
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