[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Notices]
[Pages 57179-57181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24058]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0296; FRL-9933-58]


Product Cancellation Order and/or Amendments To Terminate Uses 
for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations and/or 
amendments to terminate uses, voluntarily requested by the registrants 
and accepted by the Agency, of the products listed in Table 1 and 2 of 
Unit II., pursuant to the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA). This cancellation order follows a July 8, 2015 
Federal Register Notice of Receipt of Requests from the registrants 
listed in Table 3 of Unit II to voluntarily cancel and/or amend these 
product registrations. In the July 8, 2015 notice, EPA indicated that 
it would issue an order implementing the cancellations and/or 
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 registrants withdrew their 
requests. The Agency received comments on the notice but none merited 
its further review of the requests. Further, the registrants did not 
withdraw their requests. Accordingly, EPA hereby issues in this notice 
a cancellation order granting the requested cancellations and/or 
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 cancellations and/or amendments are effective September 22, 
2015.

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. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2015-0296, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

II. What action is the Agency taking?

    This notice announces the cancellation and/or amendments to 
terminate uses, as requested by registrants, of products registered 
under FIFRA section 3 (7 U.S.C. 136a). These registrations are listed 
in sequence by registration number in Table 1 and Table 2 of this unit.

                     Table 1--Product Cancellations
------------------------------------------------------------------------
    EPA Registration No.          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-
                                                     methyl, tribenuron-
                                                     methyl.
2724-819...................  Pyrocide Pressurized   Propoxur,
                              Ant & Roach Spray.     pyrethrins,
                                                     piperonyl butoxide,
                                                     MGK 264.

[[Page 57180]]

 
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 Herbicide.  Flufenpyr-ethyl.
70596-6....................  Dichlorprop-p          Dichlorprop-p.
                              Technical.
70596-13...................  Dichlorprop-p          Dichlorprop-p.
                              (Technical Grade).
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 is provided for these product registrations.


                     Table 2--Product Registration Amendments To Terminate One or More Uses
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       EPA Registration No.               Product name            Chemical name            Uses terminated
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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 
all registrants of the products in Table 1 and 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 2 of this unit.

        Table 3--Registrants of Cancelled and/or Amended Products
------------------------------------------------------------------------
         EPA Company No.                  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.
2724.............................  Wellmark International, 1501 E.
                                    Woodfield Road, Suite 200, West
                                    Schaumburg, IL 60173.
5905.............................  Helena Chemical Company, 7664 Smythe
                                    Farm Road, Memphis, TN 38120.
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.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    During the public comment period provided, EPA received one comment 
from a private citizen who is opposed to the proposed cancellation of 
the indoor crack and crevice use of propoxur. The citizen disagrees 
with the Agency's methodology for assessing the risks from propoxur 
exposure via the incidental oral exposure pathway. The propoxur risk 
assessment was conducted in accordance with current EPA science 
policies for assessing indoor crack and crevice uses. That assessment 
identified exposure and risk estimates that are of concern for this 
exposure pathway for propoxur. As a result of these findings, Wellmark 
International has requested to voluntarily cancel these uses. The 
Agency does not believe that the comment submitted during the comment 
period merits further review or a denial of the request for the 
amendment to terminate uses.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby 
approves the requested cancellations and/or amendments to terminate 
uses of the registrations identified in Table 1 and 2 of Unit II. 
Accordingly, the Agency hereby orders that the product registrations 
identified in Table 1 and 2 of Unit II are canceled and/or amended to 
terminate the affected uses. The effective date of the cancellations 
that are the subject of this notice is September 22, 2015. Any 
distribution, sale, or use of existing stocks of the products 
identified in Table 1 and 2 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 (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

[[Page 57181]]

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 in the Federal Register of July 8, 2015 (80 FR 
39100) (FRL-9928-54). The comment period closed on August 7, 2015.

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 
cancellation action. The existing stocks provisions for the products 
subject to this order are as follows.

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

    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, which will be September 22, 2015, 
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 II

    For the other voluntary product cancellations noted in Table 1 of 
Unit II, 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 September 22, 2016. 
Thereafter, registrants will be prohibited from selling or distributing 
the products identified in Table 1 of Unit II, 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 II

    Once EPA has approved product labels reflecting the amendments to 
terminate uses for the products identified in Table 2 of Unit II, 
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 this cancellation order, which will 
be March 22, 2017 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 II, 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: September 11, 2015.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2015-24058 Filed 9-21-15; 8:45 am]
BILLING CODE 6560-50-P