[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Notices]
[Pages 75157-75159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30357]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0844; FRL-9368-8]


Notice of Receipt of a Request To Voluntarily Cancel Certain 
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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 request by registrants to voluntarily cancel 
certain pesticide registrations. EPA intends to grant this request 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 the registrants 
withdraw their request. The cancellation for the allethrins technical 
products will be effective September 30, 2015, and the cancellation for 
the allethrins end-use products will be effective December 31, 2016, as 
described in Unit II. below. If any of these cancellation requests are 
granted, the Agency will issue a cancellation order that will prescribe 
conditions pertaining to the sale,

[[Page 75158]]

distribution, and use of existing stocks of canceled products.

DATES: Comments must be received on or before January 17, 2013.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2010-0844, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Molly Clayton, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 603-0522; 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. If you have any questions regarding the 
information in this notice, 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 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. What action is the Agency taking?

    This notice announces receipt by the Agency of a request from the 
technical registrants Valent Biosciences Corporation and Sumitomo 
Chemical Company Limited to cancel all their allethrins pesticide 
products registered under FIFRA section 3 or 24(c). These registrations 
are listed in sequence by registration number in Table 1 of this unit.
    The allethrin series of pyrethroid insecticides includes 
bioallethrin (PC code 004003), esbiol (004004), esbiothrin (004007, 
formerly 004003/004004), and pynamin forte (004005). The allethrins are 
members of the pyrethroid class of insecticides. They are used to 
control flying and crawling insects in a number of commercial, 
horticultural and residential applications. Common product forms 
include wasp and hornet aerosols; yard and patio foggers; flying insect 
killer aerosols; total release aerosols (indoor foggers); mosquito 
repellants (mats and coils); space sprays; and crawling insect killer 
aerosols. The allethrins are not registered for use on food, and they 
have no U.S. tolerances associated with their use; therefore, they are 
not subject to the Food Quality Protection Act (FQPA). There are 
currently two technical registrants for the allethrins, with one 
(Valent BioSciences Corporation) being a subsidiary of the second 
(Sumitomo Chemical Company).
    The allethrins were the subjects of a reregistration eligibility 
decision (RED), which was completed on June 30, 2007, and amended on 
May 27, 2009. In reregistration, EPA completed human health and 
environmental risk assessments for the allethrins. During 
reregistration, to reduce potential ecological exposure, the 
registrants voluntarily canceled pet shampoos and dips and large-scale 
outdoor uses, such as uncultivated agricultural areas and golf courses. 
Since outdoor uses were thereby limited to localized spot treatments, 
no ecological mitigation measures were specified in the RED.
    On March 31, 2010, the public phase of registration review for the 
allethrins began with the opening of the initial docket (EPA-HQ-OPP-
2010-0022). The comment period for the allethrins registration review 
docket was open for 60 days, from March 31, 2010, to June 1, 2010. The 
Final Work Plan (FWP) for the allethrins was completed on August 11, 
2010. The Agency's projected registration review timeline described in 
the FWP established that the preliminary risk assessments would be 
completed by December 2018, and the final registration decision would 
be completed in 2020.
    The technical registrants subsequently requested cancellation of 
their allethrins technical products effective September 30, 2015, and 
cancellation of their end use products effective December 31, 2016.

   Table 1--Technical Product Registrations With Pending Requests for
                              Cancellation
------------------------------------------------------------------------
           Registration No.                       Product name
------------------------------------------------------------------------
10308-3...............................  Pynamin Forte Technical.
73049-105.............................  Bioallethrin Technical.
73049-125.............................  Crossfire Technical.
73049-155.............................  Esbiol Technical.
73049-156.............................  Crossfire Technical.
73049-359.............................  Bioallethrin Technical.
73049-394.............................  VBC Bioallethrin 90%
                                         Concentrate.
73049-395.............................  VBC Esbiol Concentrate.
73049-399.............................  VBC Esbiothrin.
------------------------------------------------------------------------


[[Page 75159]]


    Table 2--End-Use Product Registrations With Pending Requests for
                              Cancellation
------------------------------------------------------------------------
           Registration No.                       Product name
------------------------------------------------------------------------
73049-157.............................  Cypermethrin/Esbiothrin/
                                         Piperonyl Butoxide 0.05%/0.1%/
                                         0.4% A.
73049-177.............................  DS 205 Insecticide.
73049-178.............................  UltraTec DS 215 Insecticide.
73049-180.............................  DS 530 Insecticide.
73049-183.............................  ULTRATEC DS 210 Insecticide.
73049-184.............................  Ultratec KD AC.
73049-210.............................  DSP 0.25-2.5-25 AC.
73049-354.............................  UltraTec DS OB AC.
73049-389.............................  UltraTec DSP 515 Insecticide.
73049-390.............................  UltraTec DS 105 OB Insecticide.
------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for 
all registrants of the products 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 this unit.

         Table 3--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
       EPA Company No.                 Company name and address
------------------------------------------------------------------------
10308.......................  Sumitomo Chemical Company, Ltd., 1330
                               Dillon Heights Avenue, Baltimore, MD
                               21228-1199.
73049.......................  Valent BioSciences Corporation, 870
                               Technology Way, Suite 100, Libertyville,
                               IL 60048-6316.
------------------------------------------------------------------------

III. 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. 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) provides for the 
possibility of a 180-day comment period where the voluntary 
cancellation involves a pesticide registered for at least one minor 
agricultural use. Because the allethrins are not registered for any 
minor agricultural uses, this 180-day comment provision does not apply, 
and EPA is providing a 30-day comment period on the proposed voluntary 
cancellation of allethrins registrations.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation 
should submit such 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. Any request for withdrawal should be submitted before the 
end of the comment period but, as a practical matter, must be received 
before EPA issues a final order.

V. 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 
cancellation action. Because these allethrins products are reregistered 
pesticides, and there are no known risks of concern, the cancellation 
date for the technical products will occur five years prior to the time 
of the planned registration review decision for the allethrins, the 
Agency expects to grant this request unless the Agency receives 
substantive comments that warrant further review of the request or the 
registrants withdraw their request. In 2013, EPA intends to issue an 
order in the Federal Register canceling all of the technical 
registrations as of September 30, 2015 and end use product 
registrations as of December 31, 2016. It is the Agency's current 
intention to include in that order the following terms and conditions 
applicable to existing stocks:
     No sale or distribution of allethrins technical products 
by any person, other than for purposes of disposal or export, will be 
permitted after September 30, 2015.
     No use of technical allethrins products to formulate end-
use products will be permitted after December 31, 2015.
     As of January 1, 2017, persons other than registrants will 
be allowed to sell, distribute, or use existing stocks of cancelled end 
use products until such stocks are exhausted. Use of existing stocks 
will be permitted only to the extent that the use is consistent with 
the terms of the previously-approved labeling accompanying the product 
used.

List of Subjects

    Environmental protection, Pesticides and pests, Allethrins.

    Dated: December 3, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2012-30357 Filed 12-18-12; 8:45 am]
BILLING CODE 6560-50-P