52340 Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Notices 

VI. 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 request(s) for voluntary 

cancellation are granted, the Agency 

intends to publish the cancellation 

order in the Federal Register. 

In any order issued in response to 

these requests for cancellation of 

product registrations, EPA proposes to 

include the following provisions for the 

treatment of any existing stocks of the 

products listed in Table 2. 

After December 31, 2012, registrants 

are prohibited from formulating, selling, 

or distributing existing stocks of 

products containing resmethrin for all 

uses, including the use of resmethrin as 

a wide area mosquito abatement 

insecticide. 

Persons other than the registrant may 

sell, distribute, or use existing stocks of 

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. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: August 19, 2010. 

Peter Caulkins, 

Acting Director, Pesticide Re-evaluation 

Division, Office of Pesticide Programs. 

[FR Doc. 2010–21143 Filed 8–24–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0623; FRL–8843–1] 

Fenoxycarb; Notice of Receipt of 

Request 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 

registrations of products containing the 

pesticide fenoxycarb. The request would 

terminate the last fenoxycarb products 

registered for use in the United States. 

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 request, or unless 

a registrant withdraws its request. If 

these requests are granted, any sale, 

distribution, or use of products listed in 

this notice will be permitted after the 

registrations have been canceled 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 September 24, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0623, 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. 

• 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 telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2010– 

0623. 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:// 

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 email. 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 telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Katie Weyrauch, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–0166; fax number: 

(703) 308–8090; e-mail address: 

weyrauch.katie@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, 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. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Notices 52341 

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. Background on the Receipt of 

Requests to Cancel Registrations 

This notice announces receipt by EPA 

of requests from registrants Syngenta 

Crop Protection, Inc. and Whitmire 

Micro-Gen Research Laboratories, Inc. to 

cancel fenoxycarb product registrations. 

Fenoxycarb is an O-ethyl carbamate 

derivative insecticide used to control 

fire ants and big-headed ants on turf, 

home lawns, agricultural areas, nonagricultural areas, horse farms, and 

ornamental nursery stock, among other 

areas. Fenoxycarb is also used to control 

a variety of insects in greenhouses in a 

total release fogger product. In letters 

received by the Agency, Syngenta Crop 

Protection, Inc. and Whitmire MicroGen Research Laboratories, Inc. 

requested EPA to cancel pesticide 

product registrations identified in Table 

1 of Unit III. This request for voluntary 

cancellation was submitted in response 

to the data call-in issued for the 

Registration Review of fenoxycarb. This 

action on the registrants’ requests will 

terminate the last fenoxycarb products 

registered in the United States. 

III. What Action is the Agency Taking? 

This notice announces receipt by EPA 

of requests from registrants to cancel 

fenoxycarb product registrations. The 

affected products and the registrants 

making the requests are identified in 

Tables 1 and 2 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 canceling 

the affected registrations. The 

cancellation of the technical product 

(product number 100–723) will be 

effective upon publication of the final 

cancellation order. The cancellation of 

the end-use product number 499–437 

will be effective upon publication of the 

final cancellation order. The 

cancellation of the end-use product 

number 100–722 will be effective 

December 31, 2012. 

TABLE 1.—FENOXYCARB PRODUCT

REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration 

Number 

Product 

Name Company 

100–722 Award Fire 

Ant Bait 

Syngenta 

Crop Protection, 

Inc. 

100–723 Fenoxycarb 

Technical 

Syngenta 

Crop Protection, 

Inc. 

499–437 Whitmire PT 

2120 TF 

Prelcude 

Whitmire 

Micro-Gen 

Research 

Laboratories, Inc. 

Table 2 of this unit includes the name 

and address of record for the registrant 

of the products listed 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 Table 

1 of this unit. 

TABLE 2.—REGISTRANTS REQUESTING

VOLUNTARY CANCELLATION AND/OR

AMENDMENTS

EPA Company 

Number 

Company Name and 

Address 

100 Syngenta Crop Protection, Inc. PO Box 

18300 Greensboro, 

NC 27419–8300 

499 Whitmire Micro-Gen Research Laboratories, 

Inc. 3568 Tree Court 

Industrial Blvd. St. 

Louis, MO 63122– 

6682 

IV. 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. 

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 fenoxycarb registrants have 

requested that EPA waive the 180–day 

comment period. Accordingly, EPA will 

provide a 30–day comment period on 

the proposed requests. 

V. Procedures for Withdrawal of 

Requests 

Registrants who choose to withdraw a 

request for product cancellation or use 

deletion 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. 


srobinson on DSKHWCL6B1PROD with NOTICES
52342 Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Notices 

VI. 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. If the requests 

for voluntary cancellation are granted, 

the Agency intends to publish the 

cancellation order in the Federal 

Register. 

In any order issued in response to 

these requests for cancellation of 

product registrations, EPA proposes to 

include the following provisions for the 

treatment of any existing stocks of the 

products listed in Table 1 of Unit III. 

Syngenta Crop Protection, Inc. may 

formulate existing stocks of product 

number 100–723 into end-use product 

until supplies of product number 100– 

723 are exhausted. Syngenta Crop 

Protection, Inc. will be permitted to sell 

and distribute end-use product (product 

number 100–722) until December 31, 

2012, the effective date of the 

cancellation of product number 100– 

722. Thereafter, Syngenta Crop 

Protection, Inc. will be prohibited from 

selling or distributing the product 

number 100–722, except for export 

consistent with FIFRA section 17 or for 

proper disposal. 

Whitmire Micro-Gen Research 

Laboratories, Inc. will be permitted to 

sell and distribute existing stocks of 

voluntarily canceled end-use product 

(product number 499–437) until 

December 31, 2013. Thereafter, 

Whitmire Micro-Gen Research 

Laboratories, Inc. will be prohibited 

from selling or distributing product 

number 499–437, except for export 

consistent with FIFRA section 17 or for 

proper disposal. 

Persons other than the registrants may 

sell, distribute, or use existing stocks of 

the canceled 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 canceled products. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: August 18, 2010. 

Peter Caulkins, 

Acting Director, Pesticide Re-evaluation 

Division, Office of Pesticide Programs. 

[FR Doc. 2010–21145 Filed 8–24–10; 8:45 am] 

BILLING CODE 6560–50–S 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

Agency Information Collection 

Activities: Submission for OMB 

Review; Final Comment Request 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Final notice on information 

collected under review; ADEA waivers. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, the 

Commission gives notice that it has 

submitted to the Office of Management 

and Budget (OMB) a request for an 

extension without change of the existing 

information collection requirements 

under 29 CFR 1625.22, Waivers of rights 

and claims under the Age 

Discrimination in Employment Act 

(ADEA). 

DATES: Written comments on this notice 

must be submitted on or before 

September 24, 2010. 

ADDRESSES: The Request for Clearance 

(OMB 83–1), supporting statement, and 

other documents submitted to OMB for 

review may be obtained from: James G. 

Allison, Senior Attorney, Office of Legal 

Counsel, 131 M Street, NE., Washington, 

DC 20507. Comments on this final 

notice must be submitted to Chad A. 

Lallemand, Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street, NW., Room 10235, New 

Executive Office Building, Washington, 

DC 20503 or electronically mailed to 

Chad_A._Lallemand@omb.eop.gov. 

Comments should also be submitted to 

Stephen Llewellyn, Executive Officer, 

Executive Secretariat, Equal 

Employment Opportunity Commission, 

131 M Street, NE., Suite 6NE03F, 

Washington, DC 20507. Comments of 

six or fewer pages may be faxed to the 

EEOC’s Executive Secretariat at (202) 

663–4114. (There is no toll free FAX 

number.) Receipt of facsimile 

transmittals will not be acknowledged, 

except that the sender may request 

confirmation by calling the Executive 

Secretariat staff at (202) 663–4070 

(voice) or (202) 663–4074 (TTY). (These 

are not toll free numbers.) Instead of 

sending written comments to EEOC, 

comments may be submitted to EEOC 

electronically on the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. After accessing 

this Web site, follow its directions for 

submitting comments. All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information that you 

provide. Copies of the received 

comments also will be available for 

inspection, by advance appointment 

only, in the EEOC Library from 9 a.m. 

to 5 p.m., Monday through Friday 

except legal holidays. Persons who 

schedule an appointment in the EEOC 

Library and need assistance to view the 

documents will be provided with 

appropriate aids upon request, such as 

readers or print magnifiers. To schedule 

an appointment to inspect the 

comments at the EEOC Library, contact 

the EEOC Library by calling (202) 663– 

4630 (voice) or (202) 663–4641 (TTY). 

(These are not toll free numbers.) 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Schlageter, Assistant Legal 

Counsel, (202) 663–4668, or James 

Allison, Senior Attorney, (202) 663– 

4661, Office of Legal Counsel, 131 M 

Street, NE., Washington, DC 20507. 

Copies of this notice are available in the 

following alternate formats: Large print, 

Braille, electronic computer disk, and 

audiotape. Requests for this notice in an 

alternative format should be made to the 

Publications Center at 1–800–699–3362 

(voice), 1–800–3302 (TTY), or 702–821– 

2098 (FAX—this is not toll free). 

SUPPLEMENTARY INFORMATION: 

Overview of This Information 

Collection 

Collection title: Informational 

requirements under Title II of the Older 

Workers Benefit Protection Act of 1990 

(OWBPA), 29 CFR 1625.22. 

Frequency of report: None required. 

OMB number: 3046–0042. 

Type of respondent: Business, state or 

local governments, not-for-profit 

institutions. 

Description of affected public: Any 

employer with 20 or more employees 

that seeks waiver agreements in 

connection with exit incentive or other 

employment termination program. 

Number of responses: 28,030. 

Reporting hours: 42,045. 

Number of forms: None. 

Burden statement: The only 

paperwork involved is the inclusion of 

the relevant data in requests for waiver 

agreements under the OWBPA. 

Abstract: The EEOC enforces the Age 

Discrimination in Employment Act 

(ADEA) which prohibits discrimination 

against employees and applicants for 

employment who are age 40 or older. 

The OWBPA, enacted in 1990, amended 

the ADEA to require employers to 

disclose certain information to 

employees (but not to the EEOC) in 

writing when the employers ask 

employees to waive their rights under 

the ADEA in connection with an exit 

incentive program or other employment 

termination program. The regulation at 

29 CFR 1625.22 reiterates those 


srobinson on DSKHWCL6B1PROD with NOTICES