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[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Notices]
[Pages 36535-36537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15245]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0220; FRL-8875-7]

Dicofol; Notice of Receipt of Request To Voluntarily Cancel 
Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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 an irrevocable request by the registrants to 
voluntarily cancel their registrations of all products containing the 
pesticide dicofol. The request would terminate the last dicofol 
products registered for use in the United States. EPA intends to grant 
this request at the close of the comment period for this announcement 
unless the Agency receives substantive comments within the comment 
period that would merit further review of the request. If this request 
is granted, any sale, distribution, or use of products listed in this 
notice will be permitted after the registrations have been cancelled 
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 July 22, 2011.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0220, by one of the following methods:

[[Page 36536]]

     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-
2005-0220. 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: 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.susan@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.
    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 a request from registrants 
Agan Chemical Manufacturing, Ltd. and Makhteshim Agan of North America, 
Inc. to cancel dicofol product registrations. Dicofol is an 
organochlorine miticide which is registered for use on beans (dry, 
lima, and green), cotton, hops, mint, peppers, tomatoes, citrus, 
pecans, walnuts, tree nuts, cucurbits, grapes, pome fruit, stone fruit, 
strawberries, melons, and non-residential lawns and ornamentals. In a 
Memorandum of Agreement dated May 17, 2011, Agan Chemical 
Manufacturing, Ltd. and Makhteshim Agan of North America, Inc. 
requested that EPA cancel dicofol product registrations identified in 
Table 1 of Unit III. Specifically, the dicofol registrants requested 
cancellation of their technical product registration as of May 17, 
2011. The dicofol registrants request cancellation of their end-use 
products, not to be effective before October 31, 2013. The dicofol 
registrants have agreed to cease all production of dicofol as of May 
17, 2011, and to cease all sales and distribution of dicofol end-use 
products by October 31, 2013. The dicofol registrants also requested 
amendments to dicofol end-use product registrations to add a condition 
of registration that as of August 31, 2011,

[[Page 36537]]

the dicofol registrants will not sell or distribute dicofol end-use 
products that do not bear a prominent sticker prior to sale or 
distribution by the dicofol registrants that declares: ``It is unlawful 
to use this product after October 31, 2016.'' The Agency's action on 
the dicofol registrants' request will terminate the last dicofol 
products registered in the United States.

III. What action is the Agency taking?

    This notice announces receipt by EPA of a request from registrants 
to cancel certain dicofol product registrations. The affected products 
and the registrants making the requests are identified in Tables 1 and 
2 of this unit.
    Unless the Agency determines that there are substantive comments 
that warrant further review of this request, EPA intends to issue an 
order canceling the affected registrations.

                  Table 1--Dicofol Product Registrations With Pending Requests for Cancellation
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        Registration No.              Product name                               Company
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11603-26.......................  Mitigan (Dicofol)       Agan Chemical Manufacturing, Ltd.
                                  Technical.
66222-21.......................  MANA Dicofol 4e.......  Makhteshim Agan of North America, Inc.
66222-56.......................  Dicofol 4e............  Makhteshim Agan of North America, Inc.
66222-95.......................  Dicofol 50WSB.........  Makhteshim Agan of North America, Inc.
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    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
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          EPA Company No.                 Company name and address
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11603.............................  Agan Chemical Manufacturing, Ltd.,
                                     4515 Falls of Neuse Road., Suite
                                     300, Raleigh, North Carolina 27609.
66222.............................  Makhteshim Agan of North America,
                                     Inc., 4515 Falls of Neuse Road,
                                     Suite 300, Raleigh, North Carolina
                                     27609.
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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 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 dicofol registrants have requested that EPA waive the 180-day 
comment period. Accordingly, EPA will provide a 30-day comment period 
on the proposed requests.

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 
action. If the request for voluntary cancellation is granted, the 
Agency intends to publish the cancellation order in the Federal 
Register.
    In any order issued in response to this request for cancellation of 
product registrations, EPA proposes to include the following provisions 
for the treatment of any existing stocks of the products listed in 
Table 1 of Unit III.
    Registrants of dicofol end-use products shall be allowed to sell 
and distribute existing stocks until October 31, 2013, and thereafter 
only for export consistent with the requirements of FIFRA section 17 or 
for purposes of proper disposal. Sale and distribution of existing 
stocks of any dicofol product by persons other than dicofol registrants 
shall be allowed until December 31, 2013, and thereafter only for 
products intended for export consistent with the requirements of FIFRA 
section 17 or for purposes of proper disposal. Use of existing stocks 
of any end-use product shall be allowed until October 31, 2016, and 
thereafter only for purposes of proper disposal.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 7, 2011.
Richard P. Keigwin Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2011-15245 Filed 6-21-11; 8:45 am]
BILLING CODE 6560-50-P
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