Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Notices 53141 

Dated: August 22, 2013. 

G. Jeffrey Herndon, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

[FR Doc. 2013–21017 Filed 8–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0014; FRL–9396–4] 

Notice of Receipt of Requests To 

Voluntarily Cancel Certain Pesticide 

Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In accordance with the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), EPA is issuing 

a notice of receipt of requests by 

registrants to voluntarily cancel certain 

pesticide registrations. Included in this 

notice is a request from Nufarm SA to 

voluntarily cancel the last three 

remaining amitrole 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 

registration has 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 February 24, 2014. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0014, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 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. ATTN: 

John W. Pates, Jr. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.htm. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: John 

W. Pates, Jr., Pesticide Re-Evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–8195; email address: 

pates.john@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. 

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 email. 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 registrants to 

cancel 17 pesticide products registered 

under FIFRA section 3 or 24(c). These 

registrations are listed in sequence by 

registration number (or company 

number and 24(c) number) in Table 1 of 

this unit. 

This notice announces receipt by EPA 

of a request from the registrant Nufarm 

SA to cancel the last three remaining 

amitrole product registrations. Amitrole 

is a triazole-containing herbicide 

registered for use for outdoor general 

weed control to non-agricultural rightsof-way, industrial and construction 

sites, fencerows, and other uncultivated 

areas. Tolerances are not currently 

established for amitrole as there are no 

registered food or feed uses. There are 

no residential uses currently registered 

for amitrole. The registration review 

process for amitrole began in June 2011, 

with the issuance of the Preliminary 

Work Plan for Registration Review in 

the docket EPA–HQ–OPP–2011–0105 

for a 60-day public comment period. 

The Amitrole Final Work Plan for 

Registration Review was completed and 

placed in the docket in December 2011, 

and the registration review data-call-in 

was issued in November 2012. Nufarm 

SA is the only current registrant of 

amitrole products. In a letter to EPA, 

dated May 30, 2013, Nufarm SA 

requested voluntary cancellation of the 

amitrole technical product (EPA 

Registration No. 33688–5) and the two 

remaining amitrole end-use products 

(EPA Registration Nos. 33688–6 and 

33688–10). These are the last three 

amitrole products registered for use in 

the United States. 

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 an order in the 

Federal Register canceling all of the 

affected registrations listed in Table 1 of 

this unit. 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
53142 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Notices 

TABLE 1—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration No. Product name Chemical name 

000100–00736 ............ Banner GL ........................................................................... Propiconazole. 

000100–00737 ............ Tilt Gel Fungicide ................................................................. Propiconazole. 

000400–00587 ............ Technical Orthosulfamuron .................................................. Orthosulfamuron. 

000400–00588 ............ Percutio GR ......................................................................... Orthosulfamuron. 

000400–00589 ............ Percutio WG ........................................................................ Orthosulfamuron. 

000400–00590 ............ Percutio XT .......................................................................... Orthosulfamuron. 

012455–00134 ............ Technical Hydramethylnon .................................................. Hydramethylnon. 

033688–00005 ............ Technical Amitrole ............................................................... Amitrole. 

033688–00006 ............ Maxata Brand Industrial Herbicide ...................................... Amitrole. 

033688–00010 ............ Maxata Water Soluble Granules ......................................... Amitrole. 

062190–00008 ............ Wolman Concentrate 72% ................................................... Arsenic Oxide (As2O5), Chromic Acid, Cupric Oxide. 

CA–100005 ................. Terad 3 Ag Pellets ............................................................... 9,10-Secocholesta-5,7,10(19)-trien-3-ol, (3 beta.,5Z,7E)-. 

NC–090005 ................. Milestone VM ....................................................................... Triisoprpoanolamine salt of aminopyralid. 

NC–100004 ................. Milestone VM ....................................................................... Triisoprpoanolamine salt of aminopyralid. 

WA–980019 ................ Agri-Mek 0.15 EC, Miticide/Insecticide ................................ Abamectin. 

WI–110003 .................. Lorsban 15G ........................................................................ Chlorpyrifos. 

WI–110005 .................. Spartan 4F ........................................................................... Sulfentrazone. 

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 

100 WA–980019 ............................. Syngenta Crop Protection, LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC 27419–8300. 

400 .................................................. Chemtura Corporation, 199 Benson Road, Middlebury, CT 06749. 

12455, CA–100005 ......................... Bell Laboratories, Inc., 3699 Kinsman Blvd., Madison, WI 53704. 

33688 .............................................. Nufarm SA, Agent: Nufarm Americas, Inc., 4020 Aerial Center Parkway, Suite 101, Morrisville, NC 27560. 

62190 .............................................. Arch Wood Protection, Inc., 5660 New Northside Drive NW., Suite 1100, Atlanta, GA 30328. 

NC–090005, NC–100004, WI– 

110003.

Dow AgroSciences LLC, 9330 Zionsville Rd, 308/2E, Indianapolis, IN 46268–1054. 

WI–110005 ...................................... FMC Corp., Agricultural Products Group, ATTN: Michael C. Zucker, 1735 Market St., Room 1978, Philadelphia, PA 19103. 

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 not requested that EPA waive the 

180-day comment period. Accordingly, 

EPA will provide a 180-day comment 

period on the proposed requests. 

IV. Procedures for Withdrawal of 

Request 

Registrants who choose to withdraw a 

request for cancellation should submit 

such 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, because the 

Agency has identified no significant 

potential risk concerns associated with 

these pesticide products, upon 

cancellation of the products identified 

in Table 1 of Unit II., EPA anticipates 

allowing registrants to sell and 

distribute existing stocks of these 

products for 1 year after publication of 

the Cancellation Order in the Federal 

Register. Thereafter, registrants will be 

prohibited from selling or distributing 

the pesticides identified in Table 1 of 

Unit II., except for export consistent 

with FIFRA section 17 or for proper 

disposal persons other than the 

registrants will generally be allowed to 

sell, distribute, or use existing stocks 

until such stocks 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. 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Notices 53143 

Dated: August 21, 2013. 

Linda Arrington, 

Acting Director, Pesticide Re-Evaluation 

Division, Office of Pesticide Programs. 

[FR Doc. 2013–21021 Filed 8–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed consent 

decree; request for public comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘CAA’’ or the ‘‘Act’’), notice is hereby 

given of a proposed consent decree to 

address a lawsuit filed by Sandra L. 

Bahr and David Matusow in the United 

States District Court for the District of 

Arizona: Bahr, et al. v. McCarthy, No. 

2:13–cv–00872 SMM (D. AZ). On April 

30, 2013, Plaintiffs filed a complaint 

alleging that EPA failed to perform a 

mandatory duty under CAA section 

110(c)(1) to promulgate a federal 

implementation plan for the State of 

Arizona that arose as a result of EPA’s 

February 14, 2011, finding of failure to 

submit a revision to the state 

implementation plan required under 

CAA section 189(d), by the required 

deadline. The proposed consent decree 

establishes deadlines for EPA to take 

action. 

DATES: Written comments on the 

proposed consent decree must be 

received by September 27, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2013–0609, online at 

www.regulations.gov (EPA’s preferred 

method); by email to oei.docket@

epa.gov; by mail to EPA Docket Center, 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

or by hand delivery or courier to EPA 

Docket Center, EPA West, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC, between 8:30 a.m. and 

4:30 p.m. Monday through Friday, 

excluding legal holidays. Comments on 

a disk or CD–ROM should be formatted 

in Word or ASCII file, avoiding the use 

of special characters and any form of 

encryption, and may be mailed to the 

mailing address above. 

FOR FURTHER INFORMATION CONTACT: 

Geoffrey L. Wilcox, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone: (202) 

564–5601; fax number (202) 564–5603; 

email address: wilcox.geoffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve a lawsuit filed by Sandra L. Bahr 

and David Matusow (‘‘Plaintiffs’’) 

seeking to compel the Administrator to 

take actions under CAA section 

110(c)(1) to promulgate a federal 

implementation plan (‘‘FIP’’) for the 

State of Arizona. A portion of Arizona, 

including Maricopa County and a part 

of Pinal County, is designated 

nonattainment for the National Ambient 

Air Quality Standard (‘‘NAAQS’’) for 

particulate matter ten microns in 

diameter or less (‘‘PM10’’). This area is 

classified as a ‘‘serious’’ PM10

nonattainment area. Because the area 

had not attained the NAAQS by the 

applicable statutory attainment date, 

Arizona was required to submit a 

revision to its state implementation plan 

(‘‘SIP’’) to meet the requirements of 

CAA section 189(d). On February 14, 

2011, EPA found that Arizona failed to 

make the SIP submission required under 

CAA section 189(d) by the required 

deadline. This finding of failure to 

submit started a 2-year clock under CAA 

section 110(c)(1) for EPA to promulgate 

a FIP to meet the obligations of CAA 

section 189(d). EPA did not promulgate 

the required FIP by the statutory 

deadline and this is the basis for the 

Plaintiffs’ mandatory duty lawsuit at 

issue in the proposed consent decree. 

The proposed consent decree 

provides that no later than January 14, 

2014, a notice or notices of the Agency’s 

proposed action or actions to either 

approve a SIP, promulgate a FIP, or 

approve a SIP in part with the 

promulgation of a partial FIP to address 

the requirements of CAA section 189(d). 

The proposed consent decree also 

provides that no later than June 2, 2014, 

a notice or notices of the Agency’s final 

action or actions to either approve a SIP, 

promulgate a FIP, or approve a SIP in 

part with the promulgation of a partial 

FIP to address the requirements of CAA 

section 189(d). The proposed consent 

decree requires that no later than 15 

business days following signature of 

each notice, EPA shall send the notice 

or notices to the Office of the Federal 

Register for review and publication in 

the Federal Register. After EPA fulfills 

its obligations under the proposed 

consent decree, the consent decree shall 

be terminated and the case dismissed 

with prejudice. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will accept written 

comments relating to the proposed 

consent decree from persons who are 

not named as parties or intervenors to 

the litigation in question. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

consent decree if the comments disclose 

facts or considerations that indicate that 

such consent is inappropriate, 

improper, inadequate, or inconsistent 

with the requirements of the Act. Unless 

EPA or the Department of Justice 

determines that consent to this consent 

decree should be withdrawn, the decree 

will be affirmed. 

II. Additional Information About 

Commenting on the Proposed Consent 

Decree 

A. How can I get a copy of the consent 

decree? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2013–0609) contains a 

copy of the proposed consent decree. 

The official public docket is available 

for public viewing at the Office of 

Environmental Information (OEI) Docket 

in the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OEI 

Docket is (202) 566–1752. 

An electronic version of the public 

docket is available through 

www.regulations.gov. You may use 

www.regulations.gov to submit or view 

public comments, access the index 

listing of the contents of the official 

public docket, and to access those 

documents in the public docket that are 

available electronically. Once in the 

system, key in the appropriate docket 

identification number then select 

‘‘search’’. 

It is important to note that EPA’s 

policy is that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing online at www.regulations.gov 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. Information 

claimed as CBI and other information 

whose disclosure is restricted by statute 

is not included in the official public 

docket or in the electronic public 

docket. EPA’s policy is that copyrighted 

material, including copyrighted material 

contained in a public comment, will not 

be placed in EPA’s electronic public 


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