Docket Number: EPA-HQ-OPP-2014-0218 www.regulations.gov



## Tebufenpyrad Notice of Registration Review Case Closure

January 20153 

### TABLE OF CONTENTS

I. INTRODUCTION......

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II. BACKGROUND INFORMAT ION..............

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III. REGISTRATION REVIEW CASE CLOSURE....... ..................54 I. INTRODUCTION

The Food Quality Protection Act (FQPA) of 1996, mandated a regi stration review program. All pesticides distributed or sold in the United St ates (U.S.) generally must be registered by the Environmental Protection Agency (EPA or the Ag ency), based on scientific data showing that they will not cause unreasonable ri sks to human health or the environment when used as directed on product labeling. The registration review program is intended to ma ke sure that, as the ability to assess risk evolves and as policies and practices change, all registered pesticides continue to meet the statutory standard of no unreasonabl e adverse effects to human health or the environment. Changes in science, public policy, and pesticide use practices will occur over time. Through the registration review prog ram, the Agency periodically r eevaluates pesticides to make sure that as change occurs, products in the mark etplace can be safely used. Information on this program is provided on EPA’s website. 1

In 2006, the Agency implemented the Registration Review program pursuant to FIFRA Section 3(g), and will review each registered pe sticide every 15 years to determine whether it

continues to meet the FIFR A standard for registration.

Pursuant to 40 CFR §155.50, the Agency form ally initiated registration review for tebufenpyrad (case 7435) in September 2014. Th e following timeline hi ghlights significant events that have occurred regarding the registration review of tebufenpyrad:

 April 8, 2014 – The sole registrant of te bufenpyrad products, Nichino America, Inc., informed the Agency that it was requesting to voluntarily cancel all tebufenpyrad product registrations (EPA Reg. Nos. 71711-22, tec hnical formulation, and 71711-23, end use formulation).

 August 6, 2014 – Publication announcing receipt of the request to voluntarily cancel all of Nichino America, Inc. tebufe npyrad product regist rations in the Federal Register (79 FR 45803, FRL-9914-36). No comments were received during the 30-day public comment period.

 September 24, 2014 – Publication of a final Cancellation Order for all tebufenpyrad product registrations in the Federal Register (79 FR 57087, FRL-9916-69).

 September 24, 2014 – Publication of the Tebufenpyrad Preliminary Work Plan in the tebufenpyrad docket (EPA-HQ-OPP-2014-0218) for a 60-day public comment period.

No comments were received.

II. BACKGROUND INFORMATION

Tebufenpyrad is an insecticide/miticide that wa s previously registered for use on ornamental plants grown in commercial greenhouses for th e control of mites, a phids, grape mealybug, pear

1 http://www.epa.gov/oppsrrd1/registration_review/5 psylla, serpentine leafminer, thrips, and whiteflie s. Tebufenpyrad is not currently manufactured for use. All registrations for tebufenpyrad have been can celed as discussed below.

Prior to initiation of the re gistration review for tebufenpyr ad, the sole registrant of tebufenpyrad products, Nichino Amer ica, Inc., informed the Agen cy that it was intending to request voluntarily cance llation of all of its tebufenpyrad pr oduct registrations (EPA Reg. Nos. 71711-22, technical formulation, and 71711-23, end use formulat ion). On April 8, 2014, Nichino America, Inc., submitted a letter requesting voluntary cancellation of all of their products containing the active i ngredient tebufenpyrad and waiv ing the 180-day public comment period in lieu of a 30-day public comme nt period under FIFRA Section 6(f).

On August 6, 2014, the Agency issued a Notice of Receipt of Requests to Voluntarily Cancel Nichino America, Inc.’s techni cal and end-use product registrati ons. The notice initiated a 30- day public comment period during which the Agency received no comments. After the close of the public comment period, the Agency issued a Final Cancellation Order on September 24, 2014 cancelling all tebufenpyrad product registrations (copies of those notices are included in the docket for this registration review) eff ective on September 24, 2014. EPA Reg. Nos. 71711-22 and 71711-23 were the last tebufenpyrad pesticide product registrations in the United States.

The existing stocks provisions for these products are as follows: The registrant may continue to sell and distribute existing stocks until Se ptember 24, 2015, which is one year after the publication of the cancellation orde r. Thereafter, the registrant is prohibited from selling or distributing the products except for export in accordance with FIFRA section 17, or for proper disposal. Persons other than the registrant may se ll, distribute, or use existing stocks of products until existing stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeli ng on, or that accompanied, the canceled products.

III. REGISTRATION REVIEW CASE CLOSURE

As stated in the Tebufenpyrad Preliminary Work Plan , the Agency anticipated closing the registration review case for tebufenpyrad once all tebufenpyrad product registrations were

cancelled. A cancellation order issued on Se ptember 24, 2014, canceled all tebufenpyrad product registrations in the United States. In view of the cancellation order, the Agency is closing the registration review case for te bufenpyrad pursuant to 40 CFR §155.42(c) which provides that the Agency “will close a registration review case if all products in the case are

canceled.” This document concludes the tebufenpyrad registration review case.