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[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Notices]               
[Page 51049-51053]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au10-95]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2002-0262; FRL-8841-5]

 
Notice of Receipt of Requests to Voluntarily Cancel Certain 
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a 
notice of receipt of requests by registrants to voluntarily cancel 
certain pesticide registrations. 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 registration has been canceled only if the sale, 
distribution, or use is consistent with the terms as described in the 
final order.

DATES: Comments must be received on or before September 17, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2002-0262, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
    Submit written withdrawal request by mail to: Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. Attention: Melanie Biscoe.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility's telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2002-0262. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://[[Page 51050]]www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through regulations.gov or e-mail. The 
regulations.gov website is an ``anonymous access'' system, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through regulations.gov, your e-mail 
address will be automatically captured and included as part of the 
comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. 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 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 
through Friday, excluding legal holidays. The Docket Facility's 
telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Melanie Biscoe, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-7106; e-mail 
address: biscoe.melanie@epa.gov.

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; agricultural advocates; the chemical industry; pesticide users; 
and members of the public interested in the sale, distribution, or use 
of pesticides. If you have any questions regarding the information in 
this notice, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

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 e-mail. 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 submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. What Action is the Agency Taking?

    This notice announces receipt by the Agency of requests from all 
endosulfan registrants to cancel all 30 pesticide products registered 
under FIFRA section 3 or 24(c). These registrations are listed in Table 
1 of this unit.

      Table 1.--Registrations with Pending Requests for Cancellation
------------------------------------------------------------------------
       Registration No.            Product Name        Chemical Name
------------------------------------------------------------------------
11678-5                         Thionex            Endosulfan
                                 Endosulfan
                                 Technical
------------------------------------------------------------------------
19713-99                        Drexel Endosulfan  Endosulfan
                                 2EC Insecticide
------------------------------------------------------------------------
19713-319                       Drexel Endosulfan  Endosulfan
                                 Technical
------------------------------------------------------------------------
19713-399                       Drexel Endosulfan  Endosulfan
                                 3EC
------------------------------------------------------------------------
61483-65                        Endalfly           Endosulfan
                                 Insecticide
                                 Cattle Ear Tag
------------------------------------------------------------------------
66222-62                        Thionex 50W        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
66222-63                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
66222-64                        Thionex Technical  Endosulfan
                                 Insecticide
------------------------------------------------------------------------

[[Page 51051]]

AZ030004                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
AZ980004                        Drexel Endosulfan  Endosulfan
                                 3EC
------------------------------------------------------------------------
HI030001                        Thionex 50W        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
HI030002                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
HI070006                        Thionex 3EC        Endosulfan
------------------------------------------------------------------------
ID030002                        Thionex 3EC        Endosulfan
------------------------------------------------------------------------
ID030004                        Thionex 3EC        Endosulfan
------------------------------------------------------------------------
ID980003                        Drexel Endosulfan  Endosulfan
                                 3EC
------------------------------------------------------------------------
NC080001                        Thionex 3EC        Endosulfan
------------------------------------------------------------------------
NV030001                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
OR030007                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
OR030010                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
OR030012                        Thionex 50W        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
OR030013                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
OR030024                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
UT030003                        Thionex 3EC        Endosulfan
------------------------------------------------------------------------
WA030013                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
WA030017                        Thionex 50W        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
WA030018                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
WA030024                        Thionex 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
WA030027                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
WA980012                        Drexel Endosulfan  Endosulfan
                                 3EC
------------------------------------------------------------------------

    \The registrants listed in Table 2 of this unit have requested:
     Cancellation of the uses listed in List 1 of Unit V. 
effective immediately.
     Cancellation of the uses listed in List 2 of Unit V. 
effective as of March 31, 2012.
     Cancellation of the uses listed in List 3 of Unit V. 
effective as of March 31, 2013.
     Cancellation of the uses listed in List 4 of Unit V. 
effective as of September 1, 2014.
     Cancellation of the uses listed in List 5 of Unit V. 
effective as of March 31, 2015.
     Cancellation of the uses listed in List 6 of Unit V. 
effective as of March 31, 2016.
    These cancellation requests are part of a Memorandum of Agreement 
between the Agency and the four endosulfan registrants dated July 22, 
2010. Specific endosulfan uses will end according to the schedule 
described in Unit V. The Memorandum of Agreement also requires 
additional mitigation measures for uses listed in Lists 2, 3, 4, 5, or 
6 of Unit V. The Memorandum of Agreement is available at http://www.regulations.gov under docket number EPA-HQ-OPP-2002-0262-0181. 
Unless the Agency determines that there are substantive comments that 
warrant further review of the requests or the registrants withdraw 
their requests, EPA intends to issue orders in the Federal Register 
canceling all of the affected registrations.
    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. This number corresponds to the first part of the 
EPA registration numbers of the products listed in this unit.

          Table 2.--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
            EPA Company No.                  Company Name and Address
------------------------------------------------------------------------
11678                                    Makhteshim Chemical Works, Ltd.
                                         4515 Falls of Neuse Rd.
                                         Suite 300
                                         Raleigh, NC 27609
------------------------------------------------------------------------
19713                                    Drexel Chemical Company
                                         1700 Channel Ave.
                                         P.O. Box 13327
                                         Memphis, TN 38113-0327
------------------------------------------------------------------------
61483                                    KMG-Bernuth, Inc.
                                         9555 W. Sam Houston Pkwy.,
                                          South
                                         Suite 600
                                         Houston, TX 77099
------------------------------------------------------------------------

[[Page 51052]]

66222                                    Makhteshim-Agan of North
                                          America, Inc.
                                         4515 Falls of Neuse Rd.
                                         Suite 300
                                          Raleigh, NC 27609
------------------------------------------------------------------------

III. 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. 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 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) 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 in Table 2 of Unit II. have requested that EPA 
waive the 180-day comment period. Accordingly, EPA will provide a 30-
day comment period on the proposed requests.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation 
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.

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 
cancellation action. In any order issued in response to these requests 
for use deletions and requests for voluntary cancellations, the Agency 
proposes to include the following provisions for the treatment of any 
existing stocks of the products identified or referenced in Table 1 of 
Unit II. These provisions are consistent with the requests for use 
deletions and requests for voluntary cancellations outlined in Unit II. 
If the request for voluntary cancellation and use termination is 
granted, the Agency intends to publish the cancellation order in the 
Federal Register.
    1. For the uses in List 1 of this unit:
    i. EPA intends to prohibit the registrants' distribution, sale, and 
reformulation of products permitting the uses in List 1 after December 
31, 2010, except sale or distribution of such products for the purposes 
of proper disposal, or export consistent with section 17 of FIFRA.
    ii. EPA intends to prohibit the distribution or sale of products 
permitting the uses in List 1 by persons other than the registrants 
after May 31, 2011, except sale or distribution of such products for 
the purposes of proper disposal, or export consistent with section 17 
of FIFRA.
    iii. EPA intends to prohibit the uses in List 1 after July 31, 
2012. The stop use date for the uses listed in List 1 of this unit will 
also be reflected on amended product labeling.
    iv. Any use of existing stocks must be consistent with the 
directions and terms of the previously approved labeling on, or that 
accompanied, the product with respect to those uses.
List 1.--Phase-Out Group A
    Almond
    Apricot
    Broccoli
    Brussels sprouts
    Carrots
    Cauliflower
    Celery (non-AZ)
    Citrus (non-bearing)
    Collard greens
    Dry beans
    Dry peas
    Eggplant
    Filbert
    Kale
    Kohlrabi
    Mustard greens
    Nectarine (CA only)
    Macadamia
    Plum & prune
    Poplars grown for pulp and timber
    Strawberry (annual)
    Sweet potato
    Tart cherry
    Turnip
    Walnut
    Ornamental trees, shrubs, and herbaceous plants - includes 
boxelder, dogwood, lilac, douglas fir (grown for ornamentals nursery 
stock or Christmas trees; Pacific Northwest only), elms, leatherleaf 
fern, pines (austrian, jack, red, scotch, white), shade trees 
(except birch), shrubs, spruce (New England area only), taxus, 
orchids, hybrid poplars, Christmas trees
Other uses that may appear on section 3 registration labels or on a 
24(c) registration and are not listed above or on Lists 2, 3, 4, 5, or 
6 of this unit.
    2. For the uses in List 2 of this unit:
    i. EPA intends to prohibit the registrants' distribution, sale, and 
reformulation of products permitting the uses in List 2 after March 31, 
2012, except sale or distribution of the products for the purposes of 
proper disposal, or export consistent with section 17 of FIFRA.
    ii. EPA intends to prohibit the distribution or sale of products 
permitting the uses in List 2 by persons other than the registrants 
after May 31, 2012, except sale or distribution of the products for the 
purposes of proper disposal, or export consistent with section 17 of 
FIFRA.
    iii. EPA intends to prohibit the uses in List 2 after July 31, 
2012. The stop use date for the uses listed in List 2 of this unit will 
also be reflected on amended product labeling.
     iv. Any use of existing stocks must be consistent with the 
directions and terms of the previously approved labeling on, or that 
accompanied, the product with respect to those uses.
List 2.--Phase-Out Group B
    Cabbage
    Celery (AZ only)
    Cotton
    Cucumbers
    Lettuce
    Stone fruits not listed in List 1 of this unit, including 
nectarine (non-CA), peaches, and sweet cherry
    Summer melons (cantaloupe, honeydew, watermelon)
    Summer squash
    Tobacco

    3. For the use in List 3 of this unit:
    i. EPA intends to prohibit the registrants' distribution, sale, and 
reformulation of products permitting the use in List 3 after March 31, 
2013, except sale or distribution of the products for the purposes of 
proper disposal, or export consistent with section 17 of FIFRA.
    ii. EPA intends to prohibit the distribution or sale of products 
permitting the use in List 3 by persons other than the registrants 
after May 31, 2013, except sale or distribution of the products for the 
purposes of proper disposal, or export consistent with section 17 of 
FIFRA.
    iii. EPA intends to prohibit the use in List 3 after July 31, 2013. 
The stop use date for the use listed in List 3 of this unit will also 
be reflected on amended product labeling.

[[Page 51053]]

    iv. Any use of existing stocks must be consistent with the 
directions and terms of the previously approved labeling on, or that 
accompanied, the product with respect to those uses.
List 3.--Phase-Out Group C
    Pear

    4. For the uses in List 4 of this unit:
    i. EPA intends to prohibit the registrants' distribution, sale, and 
reformulation of products permitting the uses in List 4 in the state of 
Florida after September 30, 2014, except sale or distribution of the 
products for the purposes of proper disposal, or export consistent with 
section 17 of FIFRA.
    ii. EPA intends to prohibit the distribution or sale in the state 
of Florida of products permitting the uses in List 4 by persons other 
than the registrants after October 31, 2014, except sale or 
distribution of the products for the purposes of proper disposal, or 
export consistent with section 17 of FIFRA.
    iii. EPA intends to prohibit the uses in List 4 in the state of 
Florida after December 31, 2014. The stop use date for the uses listed 
in List 4 of this unit will also be reflected on amended product 
labeling.
    iv. Any use of existing stocks must be consistent with the 
directions for use and terms of the previously approved labeling on, or 
that accompanied, the product with respect to those uses.
List 4.--Phase-Out Group D
All Florida uses of:
    Apple
    Blueberry
    Peppers
    Potatoes
    Pumpkins
    Sweet corn
    Tomato
    Winter squash

    5. For the uses in List 5 of this unit:
    i. EPA intends to prohibit the registrants' distribution, sale, and 
reformulation of products permitting the uses in List 5 after March 31, 
2015, except sale or distribution of the products for the purposes of 
proper disposal, or export consistent with section 17 of FIFRA.
    ii. EPA intends to prohibit the distribution or sale of products 
permitting the uses in List 5 by persons other than the registrants 
after May 31, 2015, except sale or distribution of the products for the 
purposes of proper disposal, or export consistent with section 17 of 
FIFRA.
    iii. EPA intends to prohibit the uses in List 5 after July 31, 
2015. The stop use date for the uses listed in List 5 of this unit will 
also be reflected on amended product labeling.
    iv. Any use of existing stocks must be consistent with the 
directions for use and terms of the previously approved labeling on, or 
that accompanied, the product with respect to those uses.
List 5.--Phase-Out Group E
    Apple
    Blueberry
    Peppers
    Potatoes
    Pumpkins
    Sweet corn
    Tomato
    Winter squash

    6. For the uses in List 6 of this unit:
    i. EPA intends to prohibit the registrants' distribution, sale, and 
reformulation of products permitting the uses in List 6 after March 31, 
2016, except sale or distribution of the products for the purposes of 
proper disposal, or export consistent with section 17 of FIFRA.
    ii. EPA intends to prohibit the distribution or sale of products 
permitting the uses in List 6 by persons other than the registrants 
after May 31, 2016, except sale or distribution of the products for the 
purposes of proper disposal, or export consistent with section 17 of 
FIFRA.
    iii. EPA intends to prohibit the uses or products in List 6 after 
July 31, 2016. The stop use date for the uses listed in List 6 of this 
unit will also be reflected on amended product labeling.
    iv. Any use of existing stocks must be consistent with the 
directions for use and terms of the previously approved labeling on, or 
that accompanied, the product with respect to those uses.
List 6.--Phase-Out Group F
    Livestock ear tags
    Pineapple
    Strawberry (perennial/biennial)
    Vegetable crops for seed (alfalfa, broccoli, brussels sprouts, 
cabbage, cauliflower, Chinese cabbage, collard greens, kale, 
kohlrabi, mustard greens, radish, rutabaga, turnip)

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 12, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.

[FR Doc. 2010-20447 Filed 8-17-10; 8:45 am]
BILLING CODE 6560-50-S
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