[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Notices]
[Pages 74714-74717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30224]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0887; FRL-8854-3]


DCNA (dicloran), Ziram, Diquat Dibromide, and Chloropicrin; 
Notice of Receipt of Requests to Voluntarily Amend Registrations to 
Terminate Certain Uses

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 amend 
their DCNA (dicloran), ziram, diquat dibromide, and chloropicrin 
product registrations to terminate or delete uses. The requests would 
delete DCNA use on potatoes, ziram use on blackberries, diquat 
dibromide use on soybean and sorghum, and chloropicrin use on mushroom 
casing, potting soil, and small area seed beds when using hand-held 
fumigation devices. The requests would not terminate the last DCNA, 
ziram, diquat dibromide, and chloropicrin 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 its 
requests. If these requests are granted, any sale, distribution, or use 
of products listed in this notice will be permitted after the uses are 
deleted only if such sale, distribution, or use is consistent with the 
terms as described in the final order.

DATES: Comments on the proposed amendments to ziram, diquat dibromide 
and chloropicrin labels must be received on or before January 3, 2011. 
Comments on the proposed amendments to the DCNA label must be received 
on or before May 31, 2011.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2010-0887, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
    <bullet> 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-
2010-0887. 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 e-
mail. The regulations.gov Web site 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: For pesticide specific information 
contact: The Chemical Review Manager identified in the table below for 
the pesticide of interest.

------------------------------------------------------------------------
                                              Chemical review manager,
             Active ingredient                telephone Number, e-mail
                                                       address
------------------------------------------------------------------------
Chloropicrin..............................  Andrea Carone, (703) 308-
                                             0122,
                                             <a href="/cdn-cgi/l/email-protection#6c0f0d1e030209420d02081e090d2c091c0d420b031a"><span class="__cf_email__" data-cfemail="cfacaebda0a1aae1aea1abbdaaae8faabfaee1a8a0b9">[email protected]</span></a>.
DCNA......................................  James Parker, (703) 306-
                                             0469, <a href="/cdn-cgi/l/email-protection#433322312826316d29222e2630032633226d242c35"><span class="__cf_email__" data-cfemail="d4a4b5a6bfb1a6fabeb5b9b1a794b1a4b5fab3bba2">[email protected]</span></a>.
Diquat Dibromide..........................  Eric Miederhoff, (703) 347-
                                             8028,
                                             <a href="/cdn-cgi/l/email-protection#d5b8bcb0b1b0a7bdbab3b3fbb0a7bcb695b0a5b4fbb2baa3"><span class="__cf_email__" data-cfemail="0964606c6d6c7b61666f6f276c7b606a496c7968276e667f">[email protected]</span></a>.
Ziram.....................................  Kelly Ballard, (703) 305-
                                             8126,
                                             <a href="/cdn-cgi/l/email-protection#b2d0d3deded3c0d69cd9d7dedecbf2d7c2d39cd5ddc4"><span class="__cf_email__" data-cfemail="44262528282536206a2f2128283d042134256a232b32">[email protected]</span></a>.
------------------------------------------------------------------------


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

[[Page 74715]]

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 
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 and/or Amend 
Registrations to Delete Uses

    This notice announces receipt by EPA of requests from several 
registrants requesting that EPA amend their registrations as follows:
    In a letter dated September 20, 2010, Gowan requested EPA to amend 
its DCNA product registrations to delete a certain use which is 
identified in Table 1 of Unit III. DCNA is a pre- and post-harvest 
fungicide used on a variety of crops and ornamentals.
    In a letter dated June 3, 2010, the Ziram Task Force comprised of 
Taminco, Inc. and United Phosphorus, Inc. requested EPA to delete a 
certain use of pesticide product registrations identified in Table 1 of 
Unit III. Ziram is a broad spectrum fungicide used on a variety of 
crops such as stone fruits, pome fruits, nut crops, vegetables and 
commercially grown ornamentals.
    In a letter dated May 17, 2010, Source Dynamics, LLC requested that 
EPA amend its diquat dibromide product registration to delete certain 
uses which are identified in Table 1 of Unit III.
    In a letter dated July 12, 2010, Rotam North America, Inc. 
requested that EPA amend its diquat dibromide product registration to 
delete certain uses which are identified in Table 1 of Unit III.
    In letters dated May 21, 2010, Sharda USA, LLC requested EPA amend 
its diquat dibormide product registrations to delete certain uses which 
are identified in Table 1 of Unit III.
    In a letter dated June 9, 2010 Nufarm Americas, Inc. requested that 
EPA amend its diquat dibromide product registration to delete certain 
uses which are identified in Table 1 of Unit III.
    In letters dated July 30, 2010 Aceto Agricultural Chemicals Corp. 
requested that EPA amend its diquat dibromide product registrations to 
delete certain uses which are identified in Table 1 of Unit III. Diquat 
dibromide is a non-selective contact algicide, defoliant, desiccant and 
herbicide.
    In a letter dated July 27, 2010, ICL-IP America, Inc. requested 
that EPA amend its chloropicrin product registration to delete certain 
uses which are identified in Table 1 of Unit III.
    In a letter dated July 28, 2010, Reddick Fumigants of NC, LLC 
requested that EPA amend its chloropicrin product registration to 
delete certain uses which are identified in Table 1 of Unit III.
    In a letter dated July 28, 2010, Arysta LifeScience North America, 
LLC requested that EPA amend its chloropicrin product registration to 
delete certain uses which are identified in Table 1 of Unit III.
    In a letter dated August 2, 2010, Cardinal Professional Products 
requested that EPA amend its chloropicrin product registration to 
delete certain uses which are identified in Table 1 of Unit III.
    In a letter dated August 2, 2010, Hendrix and Dail, Inc. requested 
that EPA amend its chloropicrin product registrations to delete certain 
uses which are identified in Table 1 of Unit III.
    In a letter dated August 2, 2010, Shadow Mountain Products 
Corporation requested that EPA amend its chloropicrin product 
registration to delete certain uses which are identified in Table 1 of 
Unit III.
    In a letter dated August 3, 2010, ASHTA Chemicals, Inc. requested 
that EPA amend its chloropicrin product registration to delete certain 
uses which are identified in Table 1 of Unit III.
    In a letter dated August 17, 2010, Chemtura Corporation requested 
that EPA amend its chloropicrin product registration to delete certain 
uses which are identified in Table 1 of Unit III. Chloropicrin is a 
nonselective soil fumigant with fungicidal, herbicidal, insecticidal, 
and nematicidal properties.
    This action on the registrants' requests will not terminate the 
last DCNA, ziram, diquat dibromide, and chloropicrin products 
registered in the United States, but will amend all pesticide products 
registered in the United States for these uses, which can be found in 
Table 1 of Unit III.

III. What action is the Agency taking?

    This notice announces receipt by EPA of requests from registrants 
to delete certain uses of DCNA, ziram, diquat dibromide, and 
chloropicrin 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 amending the 
affected registrations.

[[Page 74716]]



    Table 1--DCNA, Ziram, Diquat Dibromide, and Chloropicrin Product Registrations With Pending Requests for
                                                    Amendment
----------------------------------------------------------------------------------------------------------------
        Registration No.                Product name          Active ingredient          Uses to be deleted
----------------------------------------------------------------------------------------------------------------
228-675.........................  Nufarm Diquat SPC 2 L    Diquat Dibromide.......  Sorghum and soybean.
                                   Herbicide.
2749-530........................  Diquat dibromide 37.3%   Diquat Dibromide.......  Sorghum and soybean (seed
                                   SL AG.                                            crop only).
2749-531........................  Diquat Manufacturing     Diquat Dibromide.......  Sorghum and soybean (seed
                                   Concentrate.                                      crop only).
5785-17.........................  Chlor-O-Pic............  Chloropicrin...........  Mushroom casing soil,
                                                                                     potting soil, and small
                                                                                     area seed beds using
                                                                                     handheld fumigation
                                                                                     devices.
8536-2..........................  CHLOROPICRIN 100         Chloropicrin...........  Mushroom casing soil,
                                   FUMIGANT.                                         potting soil, and small
                                                                                     area seed beds using
                                                                                     handheld fumigation
                                                                                     devices.
8853-4..........................  HD-PIC FUMIGANT........  Chloropicrin...........  Mushroom casing soil,
                                                                                     potting soil, and small
                                                                                     area seed beds using
                                                                                     handheld fumigation
                                                                                     devices.
8853-6..........................  PIC PLUS FUMIGANT......  Chloropicrin...........  Mushroom casing soil,
                                                                                     potting soil, and small
                                                                                     area seed beds using
                                                                                     handheld fumigation
                                                                                     devices.
10163-189.......................  Botran 75-W Fungicide..  DCNA...................  Potato.
10163-226.......................  Botran 5F Fungicide....  DCNA...................  Potato.
10163-195.......................  Botran Technical.......  DCNA...................  Potato.
45728-12........................  Ziram Granuflo           Ziram..................  Blackberries.
                                   Fungicide.
58266-2.........................  TRI-CLOR FUMIGANT......  Chloropicrin...........  Mushroom casing soil,
                                                                                     potting soil, and small
                                                                                     area seed beds using
                                                                                     handheld fumigation
                                                                                     devices.
62531-2.........................  ASHTA Gold.............  Chloropicrin...........  Mushroom casing soil,
                                                                                     potting soil, and small
                                                                                     area seed beds using
                                                                                     handheld fumigation
                                                                                     devices.
66330-47........................  TM-442.................  Chloropicrin...........  Mushroom casing soil,
                                                                                     potting soil, and small
                                                                                     area seed beds using
                                                                                     handheld fumigation
                                                                                     devices.
70506-173.......................  Ziram 76DF Fungicide...  Ziram..................  Blackberries.
82542-15........................  Solear Diquat 2L         Diquat Dibromide.......  Sorghum and soybean (seed
                                   Desiccant.                                        crop only).
82633-2.........................  Sharda Diquat            Diquat Dibromide.......  Sorghum and soybean (seed
                                   Concentrate.                                      crop only).
83529-13........................  Diquash Ag.............  Diquat Dibromide.......  Sorghum and soybean (seed
                                                                                     crop only).
83979-2.........................  Rowrunner Ag Herbicide.  Diquat Dibromide.......  Sorghum and soybean.
85607-1.........................  Reddick PIC C-100......  Chloropicrin...........  Mushroom casing soil,
                                                                                     potting soil, and small
                                                                                     area seed beds using
                                                                                     handheld fumigation
                                                                                     devices.
8622-43.........................  Metapicrin.............  Chloropicrin...........  Mushroom casing soil,
                                                                                     potting soil, and small
                                                                                     area seed beds using
                                                                                     handheld fumigation
                                                                                     devices.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for 
the registrants 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 No.                  Company name and address
------------------------------------------------------------------------
228..................................  Nufarm Americas, Inc., 150
                                        Harvester Drive, Suite 200, Burr
                                        Ridge, IL 60527.
2749.................................  Aceto Agricultural Chemicals
                                        Corporation, One Hollow Lane,
                                        Lake Success, NY 11042-1215.
5785.................................  Chemtura Corporation, 1801
                                        Highway 52 West, P.O. Box 2200,
                                        West Lafayette, IN 47906.
8536.................................  Soil Chemicals Corporation dba
                                        Cardinal Professional Products,
                                        P.O. Box 782, 8770 Highway 25,
                                        Hollister, CA 95024-0782.
8622.................................  ICL-IP America, Inc., 95
                                        MacCorkle Avenue, SW., South
                                        Charleston, WV 25303.
8853.................................  Hendrix and Dail, Inc., P.O. Box
                                        648, Greenville, NC 27835-0648.
10163................................  Gowan Company, P.O. Box 5569,
                                        Yuma, AZ 85366-5569.
45728................................  Taminco, Inc., 21320 Sweet Clover
                                        Place, Ashburn, VA 20147.
58266................................  Shadow Mountain Products
                                        Corporation, 8770 Highway 25,
                                        P.O. Box 1327, Hollister, CA
                                        95024-1327.
62531................................  ASHTA Chemicals Inc., 3509 Middle
                                        Road, P.O. Box 858, Ashtabula,
                                        OH 44005-0858.
66330................................  Arysta LifeScience North America,
                                        LLC, 15401 Weston Parkway, Suite
                                        150, Cary, NC 27513.
70506................................  United Phosphorus, Inc., 630
                                        Freedom Business Center, Suite
                                        402, King of Prussia, PA 19406.
82542................................  Source Dynamics, 10039 E. Troon
                                        North Drive, Scottsdale, AZ
                                        85262.
82633................................  Sharda Worldwide Exports Pvt.
                                        Ltd., Domnic Holm, 29th Road,
                                        Bandra (West) Mumbai-400050.
83979................................  Rotam North America, Inc., 1400
                                        NW. 107th Avenue, Suite 310,
                                        Miami, FL 33172.
85607................................  Reddick Fumigants of NC, LLC,
                                        3002 W. Main Street,
                                        Williamston, NC 27892.
------------------------------------------------------------------------

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

[[Page 74717]]

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 ziram, diquat dibromide, and chloropicrin registrants have 
requested that EPA waive the 180-day comment period. Accordingly, EPA 
will provide a 30-day comment period on the proposed requests. The DCNA 
registrant has not requested that EPA waive the 180-day comment period. 
Accordingly, EPA will provide a 180-day comment period on the proposed 
request to voluntarily cancel DCNA use on potatoes.

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.

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 requests for amendments to delete uses are granted, the 
Agency intends to publish the cancellation order in the Federal 
Register.
    In any order issued in response to these requests for amendments to 
delete uses, EPA proposes to include the following provisions for the 
treatment of any existing stocks of the products listed in Table 1 of 
Unit III.
    For the chloropicrin products listed in Table 1 of Unit III 
registrants will be permitted to sell and distribute products under the 
previously approved labeling until December 1, 2010, provided the 
labels with the 2010 changes have not been accepted in all states, EPA 
may provide a revised date. Thereafter, registrants will be prohibited 
from selling or distributing the products whose labels include the 
deleted uses identified in Table 1 of Unit III, except for export 
consistent with FIFRA section 17 or for proper disposal.
    Persons other than the registrant may sell, distribute, or use 
existing stocks of products whose labels include the deleted uses 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.
    For the DCNA, ziram, and diquat dibromide products listed in Table 
1 of Unit III, once EPA has approved product labels reflecting the 
requested amendments to delete uses, registrants will be permitted to 
sell or distribute products under the previously approved labeling for 
a period of 12 months after the date of Federal Register publication of 
the cancellation order, unless other restrictions have been imposed. 
Thereafter, registrants will be prohibited from selling or distributing 
the products whose labels include the deleted uses identified in Table 
1 of Unit III, except for export consistent with FIFRA section 17 or 
for proper disposal.
    Persons other than the registrant may sell, distribute, or use 
existing stocks of products whose labels include the deleted uses 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.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 24, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2010-30224 Filed 11-30-10; 8:45 am]
BILLING CODE 6560-50-P


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