Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Notices 52329 

Those persons who are or, may be 

required to conduct testing of chemical 

substances under the Federal Food, 

Drug, and Cosmetics Act (FFDCA), or 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA). 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established a 

docket for this action under docket ID 

number EPA–HQ–OPP–2010–0001. 

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 

through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. 

II. Background 

The following are tentative agenda 

topics for the meeting. 

1. Transitioning insect repellents 

from, section 25(b) to section 3 status. 

2. Report from the supplemental 

labeling workgroup. 

3. Update on ecological incidents 

reported to the National Pesticide 

Information Center (NPIC) portal. 

4. FIFRA section 6(a)(2) reports— 

trends, numbers, major incidents. 

5. Response from EPA on SFIREG 

letter on total release foggers. 

6. Soil fumigants: Are we ready for 

implementation of label changes? 

7. Report from EPA on changes to 

section 24(c) guidance and processes. 

III. How Can I Request to Participate in 

this Meeting? 

This meeting is open for the public to 

attend. You may attend the meeting 

without further notification. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: August 17, 2010. 

Jay S. Ellenberger, 

Acting Director, Field and External Affairs 

Division, Office of Pesticide Programs. 

[FR Doc. 2010–20842 Filed 8–24–10; 8:45 a.m.] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0699; FRL–8842–8] 

Corn Event MON 863 and MON 863 x 

MON 810; Product Cancellation Order 

for Certain Pesticide Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

order for the cancellations of certain 

products containing the pesticides, 

Bacillus thuringiensis Cry3Bb1 protein 

and the genetic material necessary for 

its production (vector PV-ZMIR13L) in 

MON 863 corn (Organization for 

Economic Cooperation and 

Development (OECD) Unique Identifier: 

MON-;;863-5) and/or Bacillus 

thuringiensis Cry1Ab protein and the 

genetic material necessary for its 

production (vector PV-ZMCT01) in 

MON 810 corn (OECD Unique Identifier: 

MON-;;81;-6), pursuant to section 3 

of the Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA), as 

amended. This cancellation order will 

follow the September 30, 2010, 

expiration of two conditional, timelimited registrations that are listed in 

Table 1 of Unit II. These are the last 

products containing Bacillus 

thuringiensis Cry3Bb1 protein and the 

genetic material necessary for its 

production (vector PV-ZMIR13L) in 

MON 863 corn (OECD Unique Identifier: 

MON-;;863-5), but are not the last 

products containing Bacillus 

thuringiensis Cry1Ab protein and the 

genetic material necessary for its 

production (vector PV-ZMCT01) in 

MON 810 corn (OECD Unique Identifier: 

MON-;;81;-6), registered for use in 

the United States. 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 

September 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Kausch, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8920; fax number: (703) 305– 

0118; e-mail address: 

kausch.jeannine@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. 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–2010–0699. 

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 

through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

II. What Action is the Agency Taking? 

This notice announces the expiration 

of products registered under FIFRA 

section 3. Furthermore, this notice 

serves as a cancellation order and 

provides terms governing the 

distribution, sale, and use of existing 

stocks of the affected products. These 

registrations are listed in sequence by 

registration number in Table 1 of this 

unit. 


srobinson on DSKHWCL6B1PROD with NOTICES
52330 Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Notices 

TABLE 1.—PRODUCT CANCELLATIONS AND REGISTRANT OF THE CANCELLED PRODUCTS

EPA Registration 

Number Product Name 

EPA Company Number 

Company Name and Address 

524–528 Corn Event MON 863 524 Monsanto Company, 800 North Lindbergh Blvd., St. Louis, 

MO 63167 

524–545 MON 863 x MON 810 524 Monsanto Company, 800 North Lindbergh Blvd., St. Louis, 

MO 63167 

III. Cancellation Order 

The Agency considers the expiration 

of a conditional, time-limited 

registration to be a cancellation under 

FIFRA section 3. This notice, therefore, 

serves as a cancellation order issued 

under FIFRA section 3 for the product 

registrations identified in Table 1 of 

Unit II. Under this order, and consistent 

with the expiration date referenced in 

the SUMMARY, the product registrations 

identified in Table 1 of Unit II. are 

hereby cancelled effective September 

30, 2010. After September 30, 2010, all 

sales of Corn Event MON 863 and MON 

863 x MON 810 seed are prohibited, 

except as described in Unit IV. 

regarding existing stocks. Any 

distribution, sale, or use of the products 

identified in Table 1 of Unit II. in a 

manner inconsistent with this order, 

including the Provisions for Disposition 

of Existing Stocks set forth in Unit IV., 

will be considered a violation of FIFRA 

section 12(a)(2)(K) and/or section 

12(a)(1)(A). 

IV. Provisions for Disposition of 

Existing Stocks 

Under FIFRA section 6(a)(1), EPA 

may permit the continued sale and use 

of existing stocks of a pesticide whose 

registration has been cancelled. For 

purposes of this order, ‘‘existing stocks’’ 

is defined, pursuant to EPA’s existing 

stocks policy published in the Federal 

Register issued on June 26, 1991 (56 FR 

29362), as those stocks of registered 

pesticide products which are currently 

in the United States and which were 

packaged, labeled, and released for 

shipment (defined under 40 CFR 152.3) 

prior to the effective date of the 

cancellation action. The effective date of 

these cancellations is September 30, 

2010. Pursuant to section 6(a)(1) of 

FIFRA, this cancellation order that is 

the subject of this notice includes the 

following existing stock provisions: 

1. Prior to seed shipment through July 

1, 2011, Monsanto Company (Monsanto) 

and persons licensed by Monsanto to 

produce, use, or distribute MON 863- 

containing seed may apply seed 

treatment to, and test for germination in 

order to comply with Federal and State 

laws, that seed which has been sold to 

growers for planting by July 1, 2011. 

2. Monsanto and persons licensed by 

Monsanto to produce, use, or distribute 

MON 863-containing seed may sell or 

distribute existing stocks of Corn Event 

MON 863 and MON 863 x MON 810 

seed through July 1, 2011, for planting 

by July 1, 2011. 

3. Existing stocks of Corn Event MON 

863 and MON 863 x MON 810 seed can 

only be planted by July 1, 2011, for the 

production of a corn crop. 

4. An adequate amount of refuge seed 

must be commercially available to 

growers to ensure the planting of 

appropriate corn rootworm and corn 

borer refuges that are consistent with 

the previously existing terms and 

conditions of the Corn Event MON 863 

and MON 863 x MON 810 registrations. 

5. Monsanto Insect Resistant 

Management (IRM)/Grower Guides will 

contain IRM compliance and refuge 

requirements that are consistent with 

IRM/Grower Guides required under the 

previously existing terms and 

conditions of the Corn Event MON 863 

and MON 863 x MON 810 registrations. 

6. Any remaining inventory of Corn 

Event MON 863 and MON 863 x MON 

810 seed that has not been sold, 

distributed, or used by July 1, 2011, will 

be handled in accordance with legal and 

regulatory requirements (non-treated 

seed can be sold as grain, and treated 

seed must be disposed of properly). 

7. Monsanto shall report the following 

to the Agency: 

a. Insect Resistance Management 

compliance communication and 

assessment will be reported via the 

Agricultural Biotechnology Stewardship 

Technical Committee (ABSTC) 

Compliance Assurance Program (CAP) 

in January 2011 for any 2010 planting 

and in January 2012 for any 2011 

planting. 

b. Monsanto will submit a Grower 

Point of Sale (GPOS) Report to EPA in 

January 2011 for any 2010 sales and in 

January 2012 for any 2011 sales. 

c. Monsanto will submit a Pesticide 

Use Report to EPA by December 15, 

2010, and by December 15, 2011. 

d. For the Cry3Bb1 and/or Cry1Ab 

proteins expressed in Corn Event MON 

863 and MON 863 x MON 810, 

Monsanto will submit results of 

monitoring and investigations of 

damage reports in August 2011 for any 

2010 planting and in August 2012 for 

any 2011 planting. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: August 19, 2010. 

W. Michael McDavit, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. 2010–21137 Filed 8–24–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0306; FRL–8838–8] 

Resmethrin; 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 the 

registrants to voluntarily cancel all 

remaining registrations of products 

containing the pesticide resmethrin. The 

requests would terminate all resmethrin 

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 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 such sale, distribution, or use is 

consistent with the terms as described 

in the final order. Resmethrin users or 

anyone else that desires the retention of 


srobinson on DSKHWCL6B1PROD with NOTICES