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[Federal Register: February 24, 2010 (Volume 75, Number 36)]
[Notices]               
[Page 8339-8340]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe10-75]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0787; FRL-8809-7]

 
Difenzoquat; Product Cancellation Order for Certain Pesticide 
Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellation, 
voluntarily requested by the registrant and accepted by the Agency, of 
products containing the pesticide difenzoquat, pursuant to section 
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), as amended. This cancellation order follows a November 25, 
2009 Federal Register Notice of Receipt of Request from the registrant 
listed in Table 1 to voluntarily cancel these product registrations. 
These are the last products containing these pesticides registered for 
use in the United States. In the November 25, 2009 Notice, EPA 
indicated that it would issue an order implementing the cancellations, 
unless the Agency received substantive comments within the 30-day 
comment period that would merit its further review of these requests, 
or unless the registrant withdrew their request within this period. The 
Agency did not receive any comments on the Notice. Further, the 
registrant did not withdraw their request. Accordingly, EPA hereby 
issues in this Notice a cancellation order granting the requested 
cancellations. 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 February 24, 2010.

FOR FURTHER INFORMATION CONTACT: Eric Miederhoff, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 347-8028; fax 
number: (703) 308-7070; e-mail address: miederhoff.eric@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-2009-0787. 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 cancellation, as requested by 
registrants, of products registered under section 3 of FIFRA. These 
registrations are listed in sequence by registration number in Table 1 
of this unit.

              Table 1. -- Difenzoquat Product Cancellations
------------------------------------------------------------------------
       Registration Number           Product Name           Company
------------------------------------------------------------------------
5481-536                          Avenge Technical    AMVAC Chemical
                                   Herbicide           Corporation
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5481-537                          Avenge Wild Oat     AMVAC Chemical
                                   Herbicide           Corporation
------------------------------------------------------------------------
5481-538                          Avenge SG Wild Oat  AMVAC Chemical
                                   Herbicide           Corporation
------------------------------------------------------------------------


[[Page 8340]]

    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.

              Table 2. -- Registrants of Cancelled Products
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            EPA Company Number                Company Name and Address
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5481                                        AMVAC Chemical Corporation
                                            4695 MacArthur Court, Suite
                                             1250
                                            Newport Beach, California
                                             92660-1706
------------------------------------------------------------------------

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 November 25, 2009 Federal Register Notice announcing 
the Agency's receipt of the request for voluntary cancellation of 
products listed in Table 1.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellation of difenzoquat 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 canceled. 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

    EPA's existing stocks policy (56 FR 29362) provides that: ``If a 
registrant requests to voluntarily cancel a registration where the 
Agency has identified no particular risk concerns, the registrant has 
complied with all applicable conditions of reregistration, conditional 
registration, and data call ins, and the registration is not subject to 
a Registration Standard, Label Improvement Program, or reregistration 
decision, the Agency will generally permit a registrant to sell or 
distribute existing stocks for 1-year after the cancellation request 
was received. Persons other than registrants will generally be allowed 
to sell, distribute, or use existing stocks until such stocks are 
exhausted.''
    Existing stocks are those stocks of registered pesticide products 
which are currently in the United States and which were packaged, 
labeled, and released for shipment prior to the effective date of the 
cancellation action. The effective date of this cancellation is 
February 24, 2010. The cancellation order that is the subject of this 
Notice includes the following existing stock provisions:
    The registrant may sell and distribute existing stocks of products 
listed in Table 1 of Unit II until December 31, 2010. Persons other 
than the registrant may sell and distribute existing stocks of products 
listed in Table 1 until exhausted. Use of the products listed in Table 
1 may continue until existing stocks are exhausted, provided that such 
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: February 3, 2010
Peter Caulkins,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.

[FR Doc. 2010-3503 Filed 2-23-10; 8:45 am]
BILLING CODE 6560-50-S
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