[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Pages 46075-46077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16793]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0317; FRL-9948-05]


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 final order for the amendments to 
terminate uses, voluntarily requested by the registrants and accepted 
by the Agency, of the products listed in Table 1, pursuant to the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This 
cancellation order follows a June 10, 2015 Federal Register Notice of 
Receipt of Requests from the registrants listed in Table 2 to amend 
uses of these product registrations. These are not the last products 
containing these pesticides registered for use in the United States. In 
the June 10, 2015 notice, EPA indicated that it would issue an order 
implementing the amendments to terminate uses, unless the Agency 
received substantive comments within the 30 and 180 day comment periods 
that would merit its further review of these requests, or unless the 
registrants withdrew their requests. The Agency did not receive any 
comments on the notice. Further, the registrants 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 cancellations are effective July 15, 2016.

FOR FURTHER INFORMATION CONTACT: Ricardo Jones, Pesticide Re-Evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number: (703) 347-0493; 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-2015-0317, 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 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 of this unit.

                           Table 1--Product Registration Amendments To Terminate Uses
----------------------------------------------------------------------------------------------------------------
      EPA registration No.             Product name             Chemical name              Uses terminated
----------------------------------------------------------------------------------------------------------------
1021-2782......................  Clothianidin Technical..  Clothianidin...........  Fruiting Vegetables Crop
                                                                                     Grouping (CG8) and Low-
                                                                                     Growing Berry except
                                                                                     Strawberry (CG13-07H) and
                                                                                     retain the existing
                                                                                     tolerances.
59639-150......................  V-10170 2.13SC            Clothianidin...........  Fruiting Vegetables Crop
                                  Insecticide.                                       Grouping (CG8) and Low-
                                                                                     Growing Berry except
                                                                                     Strawberry (CG13-07H) and
                                                                                     retain the existing
                                                                                     tolerances.
59639-152......................  Arena 50 WDG Insecticide  Clothianidin...........  Fruiting Vegetables Crop
                                                                                     Grouping (CG8) and Low-
                                                                                     Growing Berry except
                                                                                     Strawberry (CG13-07H) and
                                                                                     retain the existing
                                                                                     tolerances.
59639-173......................  Clothianidin Technical    Clothianidin...........  Fruiting Vegetables Crop
                                  Insecticide.                                       Grouping (CG8) and Low-
                                                                                     Growing Berry except
                                                                                     Strawberry (CG13-07H) and
                                                                                     retain the existing
                                                                                     tolerances.

[[Page 46076]]

 
90963-1........................  Nipacide MX.............  Chloroxylenol..........  As a preservative for
                                                                                     paints, plastics and
                                                                                     plastic coatings,
                                                                                     thickeners & adhesives/
                                                                                     binders. As a disinfectant,
                                                                                     sanitizer, deodorizer or
                                                                                     antimicrobial agent for
                                                                                     application to hard, non-
                                                                                     porous surfaces in
                                                                                     residential, health-care,
                                                                                     institutional, food-
                                                                                     processing and industrial
                                                                                     facilities including animal
                                                                                     housing facilities,
                                                                                     veterinary clinics, farms,
                                                                                     live-stock, swine and
                                                                                     poultry houses. As a
                                                                                     biocide in oil and gas
                                                                                     exploration including
                                                                                     enhanced recovery systems,
                                                                                     flood water, fracturing
                                                                                     fluids and gels, injection
                                                                                     waters, pipelines, holding
                                                                                     pond water, disposal well
                                                                                     water, tubing, pressure
                                                                                     vessels and storage tanks.
                                                                                     As a biocide in industrial
                                                                                     process water systems.
90963-2........................  Nipacide CMX............  Chloroxylenol..........  As a preservative for
                                                                                     paints, plastics and
                                                                                     plastic coatings,
                                                                                     thickeners & adhesives/
                                                                                     binders. As a disinfectant,
                                                                                     sanitizer, deodorizer or
                                                                                     antimicrobial agent for
                                                                                     application to hard, non-
                                                                                     porous surfaces in
                                                                                     residential, health-care,
                                                                                     institutional, food-
                                                                                     processing and industrial
                                                                                     facilities including animal
                                                                                     housing facilities,
                                                                                     veterinary clinics, farms,
                                                                                     live-stock, swine and
                                                                                     poultry houses. As a
                                                                                     biocide in oil and gas
                                                                                     exploration including
                                                                                     enhanced recovery systems,
                                                                                     flood water, fracturing
                                                                                     fluids and gels, injection
                                                                                     waters, pipelines, holding
                                                                                     pond water, disposal well
                                                                                     water, tubing, pressure
                                                                                     vessels and storage tanks.
                                                                                     As a biocide in industrial
                                                                                     process water systems.
----------------------------------------------------------------------------------------------------------------

    Table 2 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.

                Table 2--Registrants of Amended Products
------------------------------------------------------------------------
              EPA company No.                 Company name and address
------------------------------------------------------------------------
1021......................................  McLaughlin Gormley King
                                             Company, 8810 Tenth Avenue
                                             North, Minneapolis, MN
                                             55427-4319.
59639.....................................  Valent U.S.A. Corporation,
                                             1600 Riviera Avenue, Suite
                                             200, Walnut Creek, CA
                                             94596.
90963.....................................  Ortho-Clinical Diagnostics,
                                             Inc., Agent Name: Lewis &
                                             Harrison, LLC, 122 C Street
                                             NW., Suite 505, Washington,
                                             DC 20001.
------------------------------------------------------------------------

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

    During the public comment period provided, EPA received no comments 
in response to the June 10, 2015 Federal Register notice announcing the 
Agency's receipt of the requests for amendments to terminate uses of 
products listed in Table 1 of Unit II.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby 
approves the requested amendments to terminate uses of clothianidin and 
chloroxylenol registrations identified in Table 1 of Unit II. 
Accordingly, the Agency orders that the product registrations 
identified in Table 1 of Unit II. are hereby amended to terminate the 
affected uses. The effective date of the amendments to terminate 
affected uses is July 15, 2016. 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 considered 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 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 June 
10, 2015, (80 FR 32947) (FRL-9928-01). The comment period for 
chloroxylenol closed on July 10, 2015, and the comment period for 
clothianidin closed on January 6, 2016.

VI. Provisions for Disposition of Existing Stocks

    EPA's existing stocks policy published in the Federal Register of 
June 26, 1991 (56 FR 29362) provides that: ``If a registrant requests 
to voluntarily cancel a registration where the Agency has identified no 
particular risk concerns, the registrant has complied with all 
applicable conditions of reregistration, conditional registration, and 
data call ins, and the registration is not subject to a Registration 
Standard, Label Improvement Program, or reregistration decision, the 
Agency will generally permit a registrant to sell or distribute 
existing stocks for 1 year after the cancellation request was received. 
Persons other than registrants will generally be allowed to sell, 
distribute, or use existing stocks until such stocks are exhausted.''

[[Page 46077]]

    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 effective date of this cancellation is July 
15, 2016. The cancellation order that is the subject of this notice 
includes the following existing stock provisions:
    The registrant may sell and distribute existing stocks of products 
listed in Table 1 of Unit II. until July 17, 2017. Persons other than 
the registrant may sell and distribute existing stocks of products 
listed in Table 1 of Unit II. until exhausted. Use of the products 
listed in Table 1 of Unit II. may continue until existing stocks are 
exhausted, provided that such use is consistent with the terms of the 
previously approved labeling on, or that accompanied, the canceled 
products.

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

    Dated: July 7, 2016.
Michael Goodis,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2016-16793 Filed 7-14-16; 8:45 am]
 BILLING CODE 6560-50-P