[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Notices]
[Pages 46050-46052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21243]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0467; FRL-9966-87]


Notice of Receipt of Requests to Voluntarily Cancel Certain 
Pesticide Registrations and Amend Registrations to Terminate Certain 
Uses--180-Day Comment Period

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 and to 
amend their product registrations to terminate uses. 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 the 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 registrations have been cancelled 
and uses terminated only if such sale, distribution, or use is 
consistent with the terms as described in the final order.

DATES: Comments must be received on or before April 2, 2018.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2017-0467, 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: Christopher Green, Information 
Technology and Resources Management Division (7502P), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460-0001; telephone number: (703) 347-0367; 
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. What action is the Agency taking?

    This notice announces receipt by EPA of requests from registrants 
to cancel certain pesticide products and amend product registrations to 
terminate certain uses. 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 this request, EPA intends to issue an order in the Federal 
Register canceling and amending the affected registrations.

[[Page 46051]]



                      Table 1--Product Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
     Registration No.        Company  No.        Product name                    Active ingredient
----------------------------------------------------------------------------------------------------------------
53883-370.................           53883  Quali-Pro Oxadiazon    Oxadiazon.
                                             50 WSB.
CA-130009.................           91606  Aspergillus Flavus     Aspergillus flavus strain AF36.
                                             AF36.
WY-080010.................            8033  Assail 70WP            Acetamiprid.
                                             Insecticide.
----------------------------------------------------------------------------------------------------------------


                       Table 2--Product Registrations With Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
     Registration No.       Company  No.       Product name        Active ingredient     Uses to be terminated
----------------------------------------------------------------------------------------------------------------
2724-404.................            2724  Zoecon RF-322         MGK 264; Piperonyl    Use on horses.
                                            Ovicidal Pump Spray.  butoxide;
                                                                  Pyrethrins; & S-
                                                                  Methoprene.
49620-2..................           49620  EKA SC-R............  Sodium chlorate.....  Defoliants/desiccants
                                                                                        applied to: Agricultural
                                                                                        drainage systems, beans
                                                                                        (dried type), corn,
                                                                                        cotton, fallow land,
                                                                                        flax, guar, peas
                                                                                        (Southern), peppers
                                                                                        (chili type), potatoes,
                                                                                        rice, safflower,
                                                                                        sorghum, soybeans,
                                                                                        sunflowers, wheat; and
                                                                                        as an herbicide applied
                                                                                        to nonagricultural
                                                                                        settings (commercial,
                                                                                        industrial, and
                                                                                        residential).
49620-6..................           49620  EKA SC-R Aqueous....  Sodium chlorate.....  Defoliants/desiccants
                                                                                        applied to: Agricultural
                                                                                        drainage systems, beans
                                                                                        (dried type), corn,
                                                                                        cotton, fallow land,
                                                                                        flax, guar, peas
                                                                                        (Southern), peppers
                                                                                        (chili type), potatoes,
                                                                                        rice, safflower,
                                                                                        sorghum, soybeans,
                                                                                        sunflowers, wheat; and
                                                                                        as an herbicide applied
                                                                                        to nonagricultural
                                                                                        settings (commercial,
                                                                                        industrial, and
                                                                                        residential).
----------------------------------------------------------------------------------------------------------------

    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 No.                  Company name and address
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2724.....................  Wellmark International, 1501 E. Woodfield
                            Road, Suite 200 West, Schaumburg, IL 60173.
8033.....................  Nippon Soda Co., Ltd., Agent Name: Nisso
                            America, Inc., 88 Pine Street, 14th Floor,
                            New York, NY 10005.
49620....................  Akzo Nobel Pulp and Performance Chemicals,
                            Inc., Agent Name: Keller and Heckman, LLP,
                            1001 G Street NW., Suite 500 West,
                            Washington, DC 20001.
53883....................  Control Solutions, Inc., 5903 Genoa Red Bluff
                            Road, Pasadena, TX 77507.
91606....................  California Cattlemen's Association Feeder
                            Council, 1221 H Street, Sacramento, CA
                            95814.
------------------------------------------------------------------------

III. 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 registrants listed in Table 3 of Unit II have not requested 
that EPA waive the 180-day comment period. Accordingly, EPA will 
provide a 180-day comment period on the proposed requests.

IV. 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 or use 
termination action, the effective date of cancellation or use 
termination and all other provisions of any earlier cancellation or use 
termination action are controlling.

V. 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 amendment to 
terminate uses are granted, the Agency

[[Page 46052]]

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 an amendment 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 II.

A. For Product 53883-370.

    The registrant has requested to the Agency via letter to distribute 
existing stocks for an 18-month period for products 53883-370.
    For all other voluntary product cancellations identified in Table 1 
of Unit II, 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 II, except for export 
consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper 
disposal.
    Once EPA has approved product labels reflecting the requested 
amendment to terminate the use 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 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 use 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 canceled products and products whose labels include 
the terminated use 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 and terminated use.

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

    Dated: September 8, 2017.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2017-21243 Filed 10-2-17; 8:45 am]
BILLING CODE 6560-50-P