[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Notices]
[Pages 4651-4653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02027]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0265; FRL-9972-01]


Dicloran (DCNA); 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 registrant and accepted by 
the Agency, of products containing dicloran (DCNA), pursuant to section 
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), as amended. This termination order follows a March 16, 2016 
Federal Register Notice of Receipt of Request from the registrant 
listed in Table 2 of Unit III. to voluntarily amend product 
registrations to terminate DCNA use on certain products. The Agency 
hereby issues in this notice a termination order granting the requested 
amendments to terminate DCNA use on certain products. Any distribution, 
sale, or use of the products subject to this termination order is 
permitted only in accordance with the terms of this order, including 
any existing stocks provisions.

DATES: The amendments are valid February 1, 2018.

FOR FURTHER INFORMATION CONTACT: Patricia Biggio, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (703) 347-0547; fax number: (703) 308-
7070; 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. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

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

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2005-0265. Publicly available 
docket materials are available either in the electronic docket at 
http://www.regulations.gov, or, if only available in hard copy, at the 
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, 
VA. The hours of operation of this Docket Facility are from 8:30 a.m. 
to 4 p.m., Monday

[[Page 4652]]

through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

II. Background

    This termination order follows a Federal Register of March 16, 2016 
(81 FR 14109) (FRL-9941-37), Notice of Receipt of Request from the 
registrant listed in Table 2 of Unit III. to voluntarily amend product 
registrations to terminate DCNA use on apricot, chrysanthemum, conifer, 
gladiolus, grape, greenhouse cucumber, greenhouse lettuce, greenhouse 
rhubarb, greenhouse tomato, nectarine, peach, plum/prune, rose, and 
sweet cherry. These are not the last products containing this pesticide 
registered for use in the United States (U.S.). In the March 16, 2016 
notice, EPA indicated that it would issue an order implementing the 
amendments to terminate uses, unless the Agency received substantive 
comments within the 180-day comment period that would merit its further 
review of these requests, or unless the registrant withdrew their 
request. The Agency received seven comments on the notice; none of 
which would affect the Agency's action. The Agency hereby issues in 
this notice a termination order granting the requested amendments to 
terminate these DCNA uses.

III. What action is the Agency taking?

    This notice announces the amendments to delete uses, as requested 
by the sole registrant, of products registered under section 3 of 
FIFRA. These registrations are listed in sequence by registration 
number in Table 1 of this unit.

      Table 1--DCNA Product Registration Amendments To Delete Uses
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  EPA  registration No.        Product name           Uses deleted
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10163-189................  Botran 75-W          apricots,
10163-195................   Fungicide.           chrysanthemums,
10163-226................  Botran Technical...   conifers, gladiolus,
                           Botran 5F Fungicide   grapes, greenhouse
                                                 cucumbers, greenhouse
                                                 lettuce, greenhouse
                                                 rhubarb, greenhouse
                                                 tomato, nectarines,
                                                 peaches, plums/prunes,
                                                 roses, and sweet
                                                 cherries.
10163-329................  Botran P 5F
                            Fungicide.
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrant 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 above.

                 Table 2--Registrant of Amended Products
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             EPA  company No.                 Company name and address
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10163.....................................  Gowan Company, P.O. Box
                                             5569, Yuma, AZ 85366-5569.
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IV. Summary of Public Comments Received and Agency Response to Comments

    During the public comment period provided, EPA received seven 
comments in response to the Federal Register of March 16, 2016 (81 FR 
14109), notice announcing the Agency's receipt of the request to 
voluntarily amend product registrations to delete DCNA uses for 
products listed in Table 1 of Unit III.
    Six of the seven comments were from growers outside of the U.S. 
that supported the continued use of DCNA. In addition, the Agency also 
received a single comment from the registrant (Gowan) which proposed 
the conversion of dicloran crop residue tolerances to import tolerances 
based on conclusions from previous DCNA risk assessments and Pesticide 
Data Program (PDP) data from 2004 to 2014. The Agency has reviewed 
these comments and the Agency's formal response is available at 
regulation.gov in the DCNA reregistration docket EPA-HQ-OPP-2005-0265.
    Per the Agency's response, the 2006 dietary risk assessment 
concluded that dietary exposure from all currently registered crops 
does not exceed the Agency's level of concern. In addition, following a 
review of available monitoring data, EPA concluded that the small 
number of samples with detectable residues in monitoring data and the 
low residue levels found in those samples support Gowan's claim that 
imported commodities are not likely to pose risks of concern. The 
monitoring data also supports Gowan's assertion that the subject 
commodities will not likely be contaminated with residue levels over 
tolerance. Therefore, the Agency does not expect that the use of DCNA 
on the subject commodities will create a risk of concern. As such, the 
Agency supports retaining the DCNA tolerances for import of these 
commodities to avoid potential trade barriers with countries that use 
Codex Maximum Residue Levels (MRLs) or have DCNA tolerances established 
for these commodities, and will convert the existing tolerances to 
import tolerances in a separate action.

V. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendments to terminate uses of DCNA for registrations identified in 
Table 1 of Unit III. Accordingly, the Agency hereby orders that the 
product registrations identified in Table 1 of Unit III. are amended to 
terminate use on apricots, chrysanthemums, conifers, gladiolus, grapes, 
greenhouse cucumbers, greenhouse lettuce, greenhouse rhubarb, 
greenhouse tomato, nectarines, peaches, plums/prunes, roses, and sweet 
cherries. The effective date of the amendments to terminate affected 
uses that are subject of this notice is February 1, 2018. Any 
distribution, sale, or use of existing stocks of the products 
identified in Table 1 of Unit III. in a manner inconsistent with any of 
the provisions for disposition of existing stocks set forth in Unit 
VII. will be a violation of FIFRA.

VI. 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 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 March 16, 2016 (81 FR 14109) (FRL-
9941-37). The comment period closed on September 12, 2016.

VII. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
which are currently in the United States and

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which were packaged, labeled, and released for shipment prior to the 
effective date of the action. The existing stocks provision for the 
products subject to this order is as follows.
    The registrant may continue to sell and distribute existing stocks 
of products listed in Table 1 until February 1, 2019, which is 1 year 
after publication of this termination order in the Federal Register. 
Thereafter, the registrant is prohibited from selling or distributing 
products listed in Table 1 of Unit III. that contains directions for 
use on the deleted uses, except for export in accordance with FIFRA 
section 17 or for proper disposal.
    Persons other than the registrant may sell, distribute, or use 
existing stocks of products listed in Table 1 of Unit III 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 deleted uses.

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

    Dated: January 10, 2018.
Yu-Ting Guilaran,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2018-02027 Filed 1-31-18; 8:45 am]
 BILLING CODE 6560-50-P