[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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