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[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Notices]               
[Page 16105-16106]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr10-69]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0265; FRL-8815-8]

 
Dicloran; Cancellation Order for Amendment to Terminate a Use of 
DCNA Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the label amendment, 
which was voluntarily requested by the registrant and accepted by the 
Agency, to terminate use on carrots for pesticide registrations listed 
in Table 1 in Unit II. pursuant to section 6(f)(1) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This 
cancellation order follows a December 2, 2009 (74 FR 63151) Federal 
Register Notice of Receipt of Request from the registrant listed in 
Table 2 in Unit II. to voluntarily amend to terminate dicloran (DCMA) 
use on carrots. In its December 2, 2009 Notice, EPA indicated that it 
would issue an order implementing the cancellation and amendment to 
terminate the use on carrot, 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 30-day comment period ended on January 
4, 2010, at which time 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 use termination. 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 as published in the Federal 
Register on November 2, 2010.

FOR FURTHER INFORMATION CONTACT: James Parker, Pesticides Re-evaluation 
Division (7508P) , Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 306-0469; fax number: (703) 308-7070; e-
mail address: parker.james@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-2005-0265. 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 amendment to terminate use on carrots, as 
requested by registrants, of products registered under section 3 of 
FIFRA. The affected registrations are listed in sequence by 
registration number in Table 1 of this unit.

      Table 1.--Dicloran Registration with Carrot Use Cancellation
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          EPA Registration Number                   Product Name
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10163-189                                   Botran 75-W Fungicide
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10163-195                                   Botran Technical
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10163-226                                   Botran 5-F Fungicide
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    Table 2 of this unit includes the names and addresses of record for 
the registrant of the products in Table 1 of this unit, in sequence by 
EPA company number.

           Table 2.--Registrants of Cancelled And Amended Use
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            EPA Company Number                Company Name and Address
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10163                                       Gowan Company
                                            P.O. Box 5569
                                            Yuma, AZ 85366-5569
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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 December 2, 2009 Federal Register notice announcing 
the Agency's receipt of the request for voluntary cancellation and 
amendment to terminate use on carrots of products listed in Table 1 in 
Unit II.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendment to terminate the carrot use of dicloran registrations 
identified in Table 1 in Unit II. Accordingly, the Agency for product 
registrations identified in Table 1 in Unit II. Any distribution, sale, 
or use of existing stocks of the products identified in Table 1 in 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

[[Page 16106]]

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 use cancellation is 
November 2, 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 in Unit II. until November 2, 2010. Persons other 
than the registrant may sell and distribute existing stocks of products 
listed in Table 1 in Unit II. until exhausted. Use of the products 
listed in Table 1 in Unit II. may be exhausted, provided that such use 
is consistent with the terms of the previously approved labeling on, or 
that accompanied, the canceled product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 16, 2010.
 Richard P. Keigwin, Jr.,
Director, Pesticides Re-evalution Division, Office of Pesticide 
Programs.

[FR Doc. 2010-6887 Filed 3-30-10; 8:45 am]
BILLING CODE 6560-50-S
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