Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices 17733 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0191; FRL–8819–2] 

Monosodium Methanearsonate 

(MSMA); Notice of Receipt of Requests 

to Voluntarily Cancel 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 their 

registrations containing the organic 

arsenical monosodium methanearsonate 

(MSMA). The requests would not 

terminate the last MSMA 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 

within this period. Upon acceptance of 

these requests, any sale, distribution, or 

use of products listed in this notice will 

be permitted 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 May 7, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0191, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• 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–2009– 

0191. 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 email. The regulations.gov website 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: Tom 

Myers, Pesticide Re-evaluation Division 

(7508P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8589; fax number: (703) 308– 

8005; e-mail address: 

myers.tom@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. 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. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

17734 Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices 

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 

This notice announces receipt by EPA 

of requests from registrants to cancel 

MSMA product registrations. MSMA is 

an organic arsenical used as a herbicide 

for application to cotton, golf courses, 

sod farms, highway rights of ways, 

bearing and non-bearing fruit trees, 

athletic fields, parks, and residential 

lawns among other sites. In letters 

received by the Agency, the registrants 

have requested EPA to cancel affected 

product registrations identified in this 

notice in Table 1. Specifically, the 

registrants’ have requested voluntary 

cancellation of all their products 

containing MSMA. The registrants 

requests will not terminate the last 

MSMA products registered in the 

United States. 

III. What Action is the Agency Taking? 

This notice announces receipt by EPA 

of requests from registrants to cancel 

MSMA product registrations. The 

affected products and the registrants 

making the requests are identified in 

Tables 1 and 2 of this unit. 

Under section 6(f)(1)(A) of FIFRA, 

registrants may request, at any time, that 

their pesticide registrations be canceled 

or amended to terminate one or more 

pesticide uses. 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, section 6(f)(1)(C) of FIFRA 

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 Administrator determines that 

continued use of the pesticide would 

pose an unreasonable adverse effect on 

the environment. 

The MSMA registrants have requested 

that EPA waive the 180–day comment 

period. EPA will provide a 30–day 

comment period on the proposed 

requests. 

Unless a request is withdrawn by the 

registrant within 30 days of publication 

of this notice, or if the Agency 

determines that there are substantive 

comments that warrant further review of 

this request, an order will be issued 

canceling the affected registrations. 

TABLE 1.—MSMA PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration Number 

Product Name Chemical 

Name 

42750–28 Weed Hoe 120 MSMA 

42750–29 Weed Hoe 108 MSMA 

61483–13 Daconate MSMA 

61483–14 Daconate 6 MSMA 

61483–15 Bueno-6 MSMA 

61483–17 Daconate 

Super Brand 

MSMA 

61483–18 Bueno MSMA 

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. 

TABLE 2.—REGISTRANTS REQUESTING

VOLUNTARY CANCELLATION AND/OR

AMENDMENTS

EPA Company 

Number 

Company Name and 

Address 

042750 Albaugh Inc., 

1525 NE 36th Street 

Ankeny, IA 50021 

061483 KMG-Bernuth, Inc., 

9555 W. Sam Houston 

Pkwy South, Suite 

600, 

Houston, TX 77099 

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. Thereafter, 

following the public comment period, 

the Administrator may approve such a 

request. 

V. Procedures for Withdrawal of 

Request and Considerations for 

Reregistration of MSMA 

Registrants who choose to withdraw a 

request for cancellation must submit 

such withdrawal in writing to the 

person listed under FOR FURTHER

INFORMATION CONTACT, postmarked 

before May 7, 2010. This written 

withdrawal of the request for 

cancellation will apply only to the 

applicable FIFRA section 6(f)(1) request 

listed in this notice. 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 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. 

In any order issued in response to 

these requests for cancellation of 

product registrations, EPA proposes to 

include the following provisions as 

outlined in the organic arsenicals 

Agreement in Principle for the treatment 

of any existing stocks of the products 

identified or referenced in Table 1 in 

Unit III. 

After December 31, 2009, registrants 

were prohibited from selling or 

distributing existing stocks of products 

containing MSMA labeled for all uses, 

except cotton, sod farms, golf courses, 

and highway rights-of-way. 

After December 31, 2010, persons 

other than registrants are prohibited 

from selling or distributing existing 

stocks of products containing MSMA 

labeled for all uses, except cotton, sod 

farms, golf courses, and highway rightsof-way. 

After December 31, 2010, existing 

stocks of products containing MSMA 

labeled for all uses, except cotton, sod 

farms, golf courses, and highway rightsof-way, already in the hands of users 

can be used legally until they are 

exhausted, provided that such use 

complies with the EPA-approved label 

and labeling of the affected product. 

After December 31, 2012, registrants 

are prohibited from selling or 

distributing existing stocks of products 

containing MSMA labeled for use on 

sod farms, golf courses, and highway 

rights-of-way. 

After June 30, 2013, persons other 

than registrants are prohibited from 

selling or distributing existing stocks of 

products containing MSMA labeled for 

use on sod farms, golf courses, and 

highway rights-of-way. 

After December 31, 2013, use of 

products containing MSMA labeled for 

use on sod farms, golf courses, and 

highway rights-of-way, is prohibited. 

If the request for voluntary 

cancellation is granted, the Agency 

intends to publish the cancellation 

order in the Federal Register. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices 17735 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: March 30, 2010. 

Peter Caulkins, 

Acting Director, Pesticide Re-evaluation 

Division, Office of Pesticide Programs. 

[FR Doc. 2010–7865 Filed 4–6–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0723; FRL–8819–1] 

Methidathion; Notice of Receipt of 

Requests to Voluntarily Cancel 

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 their 

methidathion registrations. The requests 

would terminate the last methidathion 

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 within this period. Upon 

acceptance of these requests, any sale, 

distribution, or use of products listed in 

this notice will be permitted 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 May 7, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2008–0723, by 

one of the following methods: 

• Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• 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–2008– 

0723. 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 email. The regulations.gov website 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. 

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: Jose 

Gayoso, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 347–8652; fax number: 

(703) 308–8005; e-mail address: 

gayoso.jose@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. 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. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES