[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Notices]
[Pages 27226-27227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11072]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0163; FRL-9348-2]


Aldicarb; Cancellation Order for Amendments To Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the amendment to 
terminate uses, voluntarily requested by the registrant and accepted by 
the Agency, of products containing aldicarb, pursuant to section 
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), as amended. This cancellation order follows an October 7, 2010 
Federal Register Notice of Receipt of Request from the registrant, 
Bayer CropScience to voluntarily amend to terminate uses of the 
product, TEMIK[supreg] Brand 15G, containing aldicarb on citrus and 
potatoes effective immediately. The registrant also requested that EPA 
amend to terminate the remaining pesticide uses of this product on 
cotton, dry beans, peanuts, soybeans, sugar beets, and sweet potatoes, 
effective as of December 31, 2014. These are not the last products 
containing aldicarb registered for use in the United States. In the 
October 7, 2010 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 
registrant withdrew their requests. The Agency received comments on the 
notice but none merited its further review of the requests. Further, 
the registrant did not withdraw their requests. Accordingly, EPA hereby 
issues in this notice a cancellation order granting the requested 
amendments to terminate 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 9, 2012.

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; 
email 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-2005-0163.

[[Page 27227]]

Publicly available docket materials are available either in the 
electronic docket at http://www.regulations.gov, or, if only available 
in hard copy, by appointment at One Potomac Yard (South Bldg.), 2777 S. 
Crystal Dr., Arlington, VA, between 9 a.m. and 3 p.m., Monday through 
Friday, excluding legal holidays. To schedule an appointment, call 
(703) 305-5805.

II. What action is the agency taking?

    This notice announces the amendments to delete uses, as requested 
by a registrant, of a product registered under section 3 of FIFRA. The 
registration is listed in Table 1 of this unit.

                        Table 1--Aldicarb Product Registration Amendments To Delete Uses
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       EPA Registration number               Product name                         Uses deleted
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264-333..............................  TEMIK[supreg] Brand 15G  Citrus, Potatoes, Cotton, Dry Beans, Peanuts,
                                                                 Soybeans, Sugar Beets, and Sweet Potatoes.
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    Table 2 of this unit includes the name and address of record, as 
well as the EPA company number for the registrant of the product in 
Table 1 of this unit. The EPA company number corresponds to the first 
part of the EPA registration number of the product listed above.

               Table 2--Registrant of the Amended Product
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          EPA Company number                Company name and address
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264..................................  Bayer CropScience, 2 T.W.
                                        Alexander Drive, P.O. Box 12014,
                                        Research Triangle Park, NC
                                        27709.
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III. Summary of Public Comments Received and Agency Response to 
Comments

    The Agency received comments relating to alternatives and benefits 
of aldicarb use. The Agency does not believe that the comments 
submitted during the comment period merit further review or a denial of 
the requests for voluntary use deletion.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendments to terminate uses of the aldicarb registration identified in 
Table 1 of Unit II. Accordingly, the Agency hereby orders that the 
product registration identified in Table 1 of Unit II are amended to 
terminate the affected uses. The effective date of the citrus and 
potatoes cancellations that are the subject of this notice is May 9, 
2012. The effective date of the cotton, dry bean, peanut, soybean, 
sugar beet, and sweet potato cancellations that are subject of this 
notice is December 31, 2014. Any distribution, sale, or use of existing 
stocks of the 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 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 October 7, 2010 (75 FR 62129) (FRL-8848-1). The comment 
period closed on November 8, 2010.

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 product subject to this 
order is as follows.
    Per a Memorandum of Agreement (MOA) between the Environmental 
Protection Agency and Bayer CropScience dated August 16, 2010, Bayer 
may only sell existing stocks of any aldicarb end-use product labeled 
for use on citrus and potatoes for export consistent with the 
requirements of FIFRA section 17 or for purposes of proper disposal. 
Existing stocks of aldicarb end-use product (TEMIK[supreg] Brand 15G) 
that are labeled for use on citrus and potatoes may no longer be sold 
by retailers or used on citrus and potatoes as of May 9, 2012.
    Bayer may only sell or distribute TEMIK[supreg] Brand 15G end-use 
products permitting use on cotton, dry beans, peanut, soybean, sugar 
beets, and sweet potatoes until December 31, 2014. After that date, 
Bayer may only distribute such products intended for export consistent 
with the requirements of FIFRA section 17 or for purposes of proper 
disposal.
    Sale and distribution of TEMIK[supreg] Brand 15G labeled for use on 
cotton, dry beans, peanut, soybean, sugar beets, and sweet potatoes by 
any other party is permitted until December 31, 2016, and thereafter, 
only for purposes of proper disposal or export consistent with the 
requirements of FIFRA section 17.
    Existing stocks of TEMIK[supreg] Brand 15G labeled for use on 
cotton, dry beans, peanut, soybean, sugar beets, and sweet potatoes may 
be used until August 31, 2018, provided that such use is in all 
respects consistent with the previously-approved label and labeling 
accompanying the product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 2, 2012.
 Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2012-11072 Filed 5-8-12; 8:45 am]
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