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[Federal Register: February 3, 2010 (Volume 75, Number 22)]
[Notices]               
[Page 5582-5583]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe10-38]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0123; FRL-8805-9]

 
Methyl Bromide; Amendments to Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the amendments to 
terminate uses, voluntarily requested by the registrants and accepted 
by the Agency, of products containing the pesticide methyl bromide 
listed in Table 1, pursuant to section 6(f)(1) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This 
order follows a September 30, 2009 Federal Register Notice of Receipt 
of Requests from the registrants listed in Table 2 to amend to 
terminate post-harvest methyl bromide uses in or on alfalfa hay and 
cottonseed for these product registrations. These are the last products 
containing the pesticide methyl bromide registered for use on alfalfa 
hay and cotton seed in the United States. In the September 30, 2009 
notice, EPA indicated that it would issue an order implementing the 
amendments to terminate uses, unless the Agency received substantive 
comments within the 30-day comment period that would merit its further 
review of these requests, or unless the registrants withdrew their 
requests within this period. The Agency did not receive any comments on 
the notice. Further, the registrants did not withdraw their requests. 
Accordingly, EPA hereby issues in this notice a cancellation order 
granting the requested amendments to terminate uses. Any distribution, 
sale, or use of the products subject to this cancellation order is 
permitted only in accordance with the terms of this order,

[[Page 5583]]

including any existing stocks provisions.

DATES: The cancellations are effective February 3, 2010.

FOR FURTHER INFORMATION CONTACT:  Susan Bartow, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 603-0065; fax number: (703) 308-8090; e-
mail address: bartow.suan@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-2005-0123. 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 amendments to terminate uses, as 
requested by registrants, of products registered under section 3 of 
FIFRA. These registrations are listed in ascending order by 
registration number in Table 1 of this unit.

  Table 1.--Methyl Bromide Product Registration Amendments to Terminate
                                  Uses
------------------------------------------------------------------------
          EPA Registration Number                   Product Name
------------------------------------------------------------------------
5785-11                                     Meth-O-Gas 100
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5785-41                                     Meth-O-Gas Q
------------------------------------------------------------------------
8536-15                                     Methyl Bromide 100
------------------------------------------------------------------------
8536-29                                     Methyl Bromide Quarantine
                                             Fumigant
------------------------------------------------------------------------
8622-16                                     Metabrom 100
------------------------------------------------------------------------
8622-55                                     Metabrom Q
------------------------------------------------------------------------

    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 ascending 
order by EPA company number.

                Table 2.--Registrants of Amended Products
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
5785                                        Great Lakes Chemical
                                             Corporation
                                            P.O. Box 2200
                                            West Lafayette, IN 47996-
                                             2200
------------------------------------------------------------------------
8536                                        Soil Chemicals Corporation
                                             (doing business as Cardinal
                                             Professional Products)
                                            P.O. Box 782
                                            Hollister, CA 95024-9487
------------------------------------------------------------------------
8622                                        ICL-IP America, Inc.
                                            95 MacCorkle Avenue, S.W.
                                            South Charleston, WV 25303-
                                             1411
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    During the public comment period provided, EPA received no comments 
in response to the September 30, 2009 Federal Register notice 
announcing the Agency's receipt of the requests for amendments to 
terminate uses of products listed in Table 1.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendments to terminate uses of methyl bromide registrations identified 
in Table 1 of Unit II. Accordingly, the Agency orders that the product 
registrations identified in Table 1 of Unit II. are hereby amended to 
terminate the affected uses. Any distribution, sale, or use of existing 
stocks of the products identified in Table 1 of Unit II. in a manner 
inconsistent with any of the Provisions for Disposition of Existing 
Stocks set forth in Unit VI. will be considered a violation of FIFRA.

V. 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 Administrator may approve such 
a request.

VI. Provisions for Disposition of Existing Stocks

    The registrants requested the following provisions for sale, 
distribution, and use of existing stocks and the Agency approves the 
requested provisions for sale, distribution, and use of existing 
stocks:
    1. All sale or distribution by the registrant of existing stocks 
labeled for post-harvest alfalfa hay and post-harvest cottonseed uses 
is prohibited after October 31, 2009, unless that sale or distribution 
is solely for the purpose of facilitating disposal or export of the 
product.
    2. Existing stocks labeled for post-harvest alfalfa hay and post-
harvest cottonseed uses may be sold and distributed by persons other 
than the registrant until October 31, 2010.
    3. Existing stocks labeled for post-harvest alfalfa hay and post-
harvest cottonseed uses may be used until all such stocks are 
exhausted, provided that such use complies with the EPA-approved label 
of the product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: January 19, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2010-1991 Filed 2-2-10; 8:45 am]
BILLING CODE 6560-50-S
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