[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39100-39104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16405]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0296; FRL-9928-54]


Notice of Receipt of Requests To Voluntarily Cancel Certain 
Pesticide Registrations and Amend Registrations To Terminate Certain 
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests 
by the registrants to voluntarily cancel their registrations of certain 
products containing the pesticides carfentrazone-ethyl, chlorsulfuron, 
dichlorprop-p, flufenpyr-ethyl, flutolanil, glyphosate, metsulfuron, 
MGK 264, paraquat dichloride, piperonyl butoxide, propoxur, pyrethrins, 
quizalofop, thifensulfuron-methyl, and tribenuron-methyl and to amend 
their malathion, propoxur, and sulfur dioxide product registrations to 
terminate one or more uses. The requests are to terminate the malathion 
use in or on cull fruits and vegetable dumps and terminate the sulfur 
dioxide use in or on grapes. The request would also terminate all 
indoor aerosol, spray, and liquid formulations of propoxur, terminate 
its use in food handling establishments, and terminate indoor crack and 
crevice use. The requests do not seek to cancel the last carfentrazone-
ethyl, chlorsulfuron, dichlorprop-p, flutolanil, glyphosate, 
metsulfuron, MGK 264, paraquat dichloride, piperonyl butoxide, 
propoxur, pyrethrins, quizalofop, thifensulfuron-methyl, and 
tribenuron-methyl products registered for use in the United States. The 
requests, if granted, would terminate the last flufenpyr-ethyl products 
registered in the United States. EPA intends to grant these requests 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 these requests, or unless the registrants 
withdraw their requests. If these requests are granted, any sale, 
distribution, or use of products listed in this notice will be 
permitted after the affected registrations have been

[[Page 39101]]

cancelled or uses terminated only if such sale, distribution, or use is 
consistent with the terms described in the final cancellation order.

DATES: Comments must be received on or before August 7, 2015.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2015-0296, 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.html.
    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: Khue Nguyen, Pesticide Re-Evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 347-0248; 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.

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 preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background on the Receipt of Requests to Cancel and/or Amend 
Registrations to Terminate Uses

    This notice announces receipt by EPA of requests from Syngenta Crop 
Protection, FMC Corporation, E. I. DuPont de Nemours and Company, 
Helena Chemical Company, Wellmark International, Ritter Chemical, 
Valent USA Corporation, Nufarm Americas, Nichino America, and Airgas 
USA to cancel certain product registrations and amend registrations to 
terminate certain uses of certain product registrations.
    Carfentrazone-ethyl is a post-emergent herbicide registered for use 
to control broadleaf weeds in various agricultural crops, turf, aquatic 
areas, and industrial and utility sites. Paraquat dichloride is an 
herbicide registered to control weeds and grasses and as a desiccant/
harvest aid in many agricultural and non-agricultural areas, including 
in/on vegetables, grains, cotton, grasses, fruit crops, trees, vines, 
and commercial buildings. In a letter to EPA dated January 6, 2015, 
Syngenta Crop Protection requested the cancellation of one product 
registration containing paraquat dichloride and one product 
registration containing both carfentrazone-ethyl and paraquat 
dichloride identified in Table 1 of Unit III. This request will not 
terminate the last carfentrazone-ethyl or paraquat dichloride products 
registered in the United States.
    Chlorsulfuron is a pre- and post-emergent herbicide registered for 
use to control a variety of weeds on cereal grains, pasture and 
rangeland, industrial sites, and turf grass. In a letter to EPA dated 
April 20, 2015, E. I. DuPont de Nemours and Company requested that EPA 
cancel one product registration containing chlorsulfuron identified in 
Table 1 of Unit III. DuPont noted that it no longer sells or markets 
this registration and there were no existing stocks in the channels of 
trade, and therefore no existing stocks provision is requested. This 
request will not terminate the last chlorsulfuron pesticide products 
registered in the United States.
    Dichlorprop-p is an herbicide registered for use to kill annual and 
perennial broadleaf weeds on ornamental lawns, recreational turf, 
sports fields, sod farms, roadsides, industrial sites, rights-of-ways, 
and forests. In a letter to EPA dated February 27, 2015, Nufarm 
Americas, Inc., requested that EPA cancel two product registrations 
containing dichlorprop-p identified in Table 1 of Unit III. This 
request will not terminate the last dichlorprop-p pesticide products 
registered in the United States.
    Flufenpyr-ethyl is an herbicide registered for post-emergence 
control of broadleaf weeds in field corn, soybeans, and sugarcane. In a 
letter to EPA dated March 19, 2015, Valent USA Corporation requested 
that EPA cancel two product registrations containing flufenpyr-ethyl 
identified in Table 1 of Unit III because Valent no longer wished to 
support this active ingredient. Valent noted in an email to EPA dated 
April 24, 2015, that these product registrations were never 
manufactured and there were no existing stocks in the channels of 
trade, therefore no existing stocks provision is requested. This 
request will terminate the last flufenpyr-ethyl pesticide products in 
the United States.
    Flutolanil is a systemic fungicide registered for use to control 
fungal diseases in certain food crops, including peanuts, potatoes, and 
rice and non-food sites such as turf, greenhouses, and ornamentals. In 
a letter to EPA dated March 31, 2015, Nichino America requested the 
cancellation of one Special Local Need (SLN) product registration 
identified in Table 1 of Unit III. Nichino requested cancellation of 
this registration because it was replaced by a more recently 
registered, identical SLN product under another registration number. 
This request will not terminate the last flutolanil pesticide products 
in the United States.
    Glyphosate is a non-selective herbicide registered for use on many 
food and non-food crops as well as in non-crop areas. In a letter to 
EPA dated December 12, 2014, Ritter Chemical requested the cancellation 
of three products containing glyphosate identified in Table 1 of Unit 
III. This request will not terminate the last glyphosate products 
registered in the United States.
    Malathion is a broad-spectrum organophosphate insecticide 
registered for use on various food and feed crops and in various non-
agricultural settings including residential outdoor settings,

[[Page 39102]]

ornamental nursery stock, building perimeters, pastures and rangeland, 
and as part of regional pest eradication programs. In a letter to EPA 
dated April 14, 2015, Helena Chemical Company requested to amend its 
registration to terminate a use from a pesticide product registration 
identified in Table 2 of Unit III. Specifically, Helena requested 
amendment to terminate use on cull fruits and vegetable dumps because 
it no longer wished to support this use. This request will not 
terminate the last malathion products registered in the United States 
for these uses.
    Metsulfuron is a sulfonylurea herbicide registered for use to 
control annual and perennial broadleaf weeds in certain agricultural, 
non-crop, and industrial areas, pasture and rangeland, turf, forestry, 
and marshes and wetland areas. Thifensulfuron-methyl and tribenuron-
methyl are sulfonylurea herbicides registered for use on cereal grains, 
oilseed crops, soybeans, and cotton to control broadleaf weeds. In a 
letter to EPA dated April 20, 2015, E. I. DuPont de Nemours and Company 
requested the cancellation of one product containing metsulfuron, 
thifensulfuron-methyl, and tribenuron-methyl identified in Table 1 of 
Unit III. DuPont noted that it no longer sells or markets this 
registration and there were no existing stocks in the channels of 
trade, and therefore no existing stocks provision is requested. This 
request will not terminate the last metsulfuron, thifensulfuron-methyl, 
and tribenuron-methyl pesticide products registered in the United 
States.
    Propoxur and pyrethrins are insecticides registered for use by pest 
control operators to kill a variety of insects including crickets, 
ants, cockroaches, silverfish and other pests. MGK 264 and piperonyl 
butoxide are insecticide synergists, which are designed to enhance the 
toxicity of other pesticides. These chemicals are registered for use in 
and around industrial, institutional, commercial (including food 
handling establishments and food processing plants), and residential 
facilities. In a letter to EPA dated February 6, 2015, Wellmark 
International requested that EPA cancel the propoxur, pyrethrins, MGK 
264, and piperonyl butoxide pesticide product identified in Table 1 of 
Unit III. In a separate letter, dated February 6, 2015, Wellmark 
International requested to amend the propoxur, pyrethrins, MGK 264, and 
piperonyl butoxide pesticide product registrations identified in Table 
2 of Unit III to terminate certain uses and certain formulation types. 
Specifically, Wellmark International requested that the following uses 
and formulations be terminated: All indoor aerosol, spray, and liquid 
formulations of propoxur; its use in food handling establishments; and 
indoor crack and crevice use. Wellmark International's requests will 
not terminate the last propoxur, pyrethrins, MGK 264, or piperonyl 
butoxide products registered in the United States, or the last 
propoxur, pyrethrins, MGK 264, or piperonyl butoxide pesticide products 
registered in the United States for these formulations or uses.
    Quizalofop is a systemic herbicide registered for use to control 
annual and perennial weeds in various food/feed and non-food/non-feed 
crops. Food and feed uses include grains, legumes, cotton, garlic, 
soybean, and sugar beets. Non-food, non-feed uses include cottonwood 
and poplar plantations and uncultivated areas such as fencerows, 
roadsides, and paved areas. In a letter to EPA dated May 15, 2015, FMC 
Corporation requested the cancellation of one quizalofop product 
identified in Table 1 of Unit III. This request will not terminate the 
last quizalofop products registered in the United States.
    Sulfur dioxide is a fungicide registered for use to control fungal 
disease on grapes. Sulfur dioxide products are formulated as a 
compressed liquid that converts to gas upon release and is registered 
for use in cold-storage warehouses, trucks, vans, and train cars for 
post-harvest grape fumigation. In a letter to EPA dated April 13, 2015, 
Airgas USA requested to amend its registration to terminate the use on 
grapes for the pesticide product registration identified in Table 2 of 
Unit III. Airgas no longer wished to support use on grapes. This 
request will not terminate the last sulfur dioxide products registered 
in the United States for this use.

III. What action is the agency taking?

    This notice announces receipt by EPA of requests from registrants 
to cancel certain product registrations of carfentrazone-ethyl, 
chlorsulfuron, dichlorprop-p, flufenpyr-ethyl, flutolanil, glyphosate, 
metsulfuron, paraquat dichloride, propoxur, quizalofop, thifensulfuron-
methyl, and tribenuron-methyl and terminate certain uses of malathion, 
propoxur, and sulfur dioxide product registrations. The affected 
products and the registrants making the requests are identified in 
Tables 1-3 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 these requests, EPA intends to issue an order canceling the 
affected registrations and amending to terminate certain uses the 
affected registrations for which the Agency received use termination 
requests.

 Table 1--Carfentrazone-ethyl, Chlorsulfuron, Dichlorprop-p, Flufenpyr-
      ethyl, Flutolanil, Glyphosate, Metsulfuron, MGK 264, Paraquat
    Dichloride, Piperonyl butoxide, Propoxur, Pyrethrins, Quizalofop,
 Thifensulfuron-methyl, and Tribenuron-methyl Product Registrations With
                        Requests for Cancellation
------------------------------------------------------------------------
       Registration number           Product name        Chemical name
------------------------------------------------------------------------
100-1217........................  Gramoxone Inteon..  Paraquat
                                                       dichloride.
100-1316........................  Cyclone Star......  Carfentrazone-
                                                       ethyl, paraquat
                                                       dichloride.
279-3183........................  Matador Herbicide.  Quizalofop-p-
                                                       ethyl.
352-522 \a\.....................  DuPont Glean        Chlorsulfuron.
                                   Fertilizer
                                   Compatible
                                   Herbicide.
352-586 \a\.....................  DuPont Canvas       Metsulfuron,
                                   Herbicide.          thifensulfuron,
                                                       tribenuron-
                                                       methyl.
2724-819........................  Pyrocide            Propoxur,
                                   Pressurized Ant &   pyrethrins,
                                   Roach Spray.        piperonyl
                                                       butoxide, MGK
                                                       264.
9468-33.........................  Kull 41 S.........  Glyphosate.
9468-34.........................  Kull 62 MUP.......  Glyphosate.
9468-35.........................  Kull TGAI           Glyphosate.
                                   Glyphosate.
59639-109 \a\...................  Flufenpyr-ethyl     Flufenpyr-ethyl.
                                   Technical.
59639-110 \a\...................  S-3153 WDG          Flufenpyr-ethyl.
                                   Herbicide.
70596-6.........................  Dichlorprop-p       Dichlorprop-p.
                                   Technical.
70596-13........................  Dichlorprop-p       Dichlorprop-p.
                                   (Technical Grade).

[[Page 39103]]

 
NV020006........................  Moncut 70-DF......  Flutolanil.
------------------------------------------------------------------------
\a\ There are no existing stocks of these product registrations and no
  requests for existing stocks provisions. Therefore no existing stocks
  provision will be provided for these product registrations.


 Table 2--Malathion, Propoxur, and Sulfur Dioxide Product Registrations With Requests for Amendment To Terminate
                                                One or More Uses
----------------------------------------------------------------------------------------------------------------
        Registration number               Product name            Chemical name         Uses to be terminated
----------------------------------------------------------------------------------------------------------------
2724-818...........................  Pyrocide Intermediate   Propoxur, MGK 264,      Indoor aerosol, spray, and
                                      7045.                   piperonyl butoxide,     liquid formulations; use
                                                              pyrethrins.             in food handling
                                                                                      establishments and indoor
                                                                                      crack and crevice use.
2724-820...........................  Propoxur Technical      Propoxur..............  Indoor aerosol, spray, and
                                      Insecticide.                                    liquid formulations; use
                                                                                      in food handling
                                                                                      establishments and indoor
                                                                                      crack and crevice use.
2724-821...........................  Propoxur 70%            Propoxur..............  Indoor aerosol, spray, and
                                      Concentrate.                                    liquid formulations; use
                                                                                      in food handling
                                                                                      establishments and indoor
                                                                                      crack and crevice use.
5905-250...........................  Fyfanon 8 lb. Emulsion  Malathion.............  Cull fruits and vegetable
                                                                                      dumps.
89867-2............................  Airgas Sulfur Dioxide.  Sulfur dioxide........  Grapes.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for 
the registrants of the products listed in Table 1 and Table 2 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 
Table 1 and Table 2 of this unit.

Table 3--Registrants Requesting Voluntary Cancellation and/or Amendments
------------------------------------------------------------------------
      EPA Company number                Company name and address
------------------------------------------------------------------------
100..........................  Syngenta Crop Protection, LLC, P.O. Box
                                18300, Greensboro, NC 27419.
279..........................  FMC Corporation, 1735 Market Street,
                                Philadelphia, PA 19103.
352..........................  E.I. DuPont de Nemours and Company, 1007
                                Market St., Wilmington, DE 19898.
5905.........................  Helena Chemical Company, 7664 Smythe Farm
                                Road, Memphis, TN 38120.
2724.........................  Wellmark International, 1501 E. Woodfield
                                Road, Suite 200, West Schaumburg, IL
                                60173.
9468.........................  Ritter Chemical, LLC, 9300 Baythorne Dr.,
                                Houston, TX 77041.
59639........................  Valent USA Corporation, 1600 Riviera
                                Avenue, Suite 200, Walnut Creek, CA
                                94596.
70596........................  Nufarm Americas, Inc., 4020 Aerial Center
                                Parkway, Suite 101, Morrisville, NC
                                27560.
71711........................  Nichino America, Inc., 4550 New Linden
                                Hill Road, Suite 501, Wilmington, DE
                                19808.
89867........................  Airgas USA, LLC, 7217 Lancaster Pike,
                                Suite A, P.O. Box 640, Hockessin, DE
                                19707.
------------------------------------------------------------------------

IV. What is the agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) 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 (7 U.S.C. 136d(f)(1)(B)) 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) 
(7 U.S.C. 136d(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 carfentrazone-ethyl, chlorsulfuron, dichlorprop-p, flufenpyr-
ethyl, flutolanil, glyphosate, malathion, metsulfuron, paraquat 
dichloride, quizalofop, sulfur dioxide, thifensulfuron-methyl, 
tribenuron-methyl registrants have requested that EPA waive the 180-day 
comment period. Accordingly, EPA will provide a 30-day comment period 
on the proposed product cancellations and use terminations. Because 
propoxur is 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 propoxur product cancellations and use 
terminations.

V. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product 
cancellation or use termination should submit the 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.

[[Page 39104]]

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 voluntary cancellation and amendments to 
terminate 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 cancellation 
of product registrations and for amendments to terminate uses, EPA 
proposes to include the following provisions for the treatment of any 
existing stocks of the products listed in Tables 1 and 2 of Unit III.

A. For Products 352-522, 352-586, and 59639-109 Identified in Table 1 
of Unit III

    The registrants reported to the Agency via written correspondence 
that there are no existing stocks of EPA registration numbers 352-522, 
352-586, and 59639-109. Therefore, no existing stocks provision was 
requested by or is needed for these registrants. The registrants will 
be prohibited from selling or distributing these products upon 
cancellation of these products, except for export consistent with FIFRA 
section 17 (7 U.S.C. 136o) or for proper disposal.
    Persons other than registrants will generally be allowed to sell, 
distribute, or use existing stocks of the affected products 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 canceled product.

B. For All Other Products Identified in Table 1 of Unit III

    For the other voluntary product cancellations noted in Table 1 of 
Unit III, the registrants will be permitted to sell and distribute 
existing stocks of voluntarily canceled products for 1 year after the 
effective date of the cancellation, which will be the date of 
publication of the cancellation order in the Federal Register. 
Thereafter, registrants will be prohibited from selling or distributing 
the products identified in Table 1 of Unit III., except for export 
consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper 
disposal.
    Persons other than the registrant may sell, distribute, or use 
existing stocks of the affected canceled products until supplies are 
exhausted, provided that such sale, distribution, or use is consistent 
with the terms of the previously approved labeling on, or that 
accompanied, the canceled products.

C. For All Products Identified in Table 2 of Unit III

    Once EPA has approved product labels reflecting the requested 
amendments to terminate uses for the products identified in Table 2 of 
Unit III, 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 terminated uses identified in Table 2 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 the products whose labels include the terminated 
uses until supplies are exhausted, provided that such sale, 
distribution, or use is consistent with the terms of the previously 
approved labeling on, or that accompanied, the products with the 
terminated uses.

    Authority: 7 U.S.C. 136 et seq.

    Dated: June 29, 2015.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2015-16405 Filed 7-1-15; 8:45 am]
BILLING CODE 6560-50-P