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[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Notices]               
[Page 40825-40827]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy10-70]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0760; FRL-8833-4]

 
Clofencet; Cancellation Order for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

[[Page 40826]]

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations, 
voluntarily requested by the registrant and accepted by the Agency, of 
products containing clofencet, pursuant to section 6(f)(1) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as 
amended. This cancellation order follows an April 28, 2010 Federal 
Register Notice of Receipt of Request from the registrant Monsanto 
Company to voluntarily cancel all these product registrations. These 
are the last products containing this pesticide registered for use in 
the United States. In the April 28, 2010 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 this request, or unless the 
registrant withdrew their request. 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 July 14, 2010.

FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8025; fax 
number: (703) 308-8005; e-mail address: livingston.wilhelmena@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-2009-0760. 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 cancellations, as requested by 
registrant, 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.--Clofencet Product Cancellations
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          EPA Registration Number                   Product Name
------------------------------------------------------------------------
524-479                                     Genesis Hybridizing Agent
------------------------------------------------------------------------
524-481                                     Mon 21200 Technical
                                             Registration
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524-482                                     Mon 21233 Manufacturing Use
                                             Product
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrant of the products in Table 1 of this unit, by EPA company 
number. This number corresponds to the first part of the EPA 
registration numbers of the products listed above.

               Table 2.--Registrant of Cancelled Products
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
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524                                         Monsanto Company
                                            1300 I Street N.W.
                                            Suite 450
                                            Washington, DC 20005
------------------------------------------------------------------------

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 April 28, 2010 Federal Register notice announcing 
the Agency's receipt of the request for voluntary cancellation of 
products listed in Table 1 of Unit II.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellation of clofencet registrations identified in Table 1 of Unit 
II. Accordingly, the Agency hereby orders that the product 
registrations identified in Table 1 of Unit II. are canceled. The 
effective date of the cancellations that are subject of this notice is 
July 14, 2010. 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 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 EPA Administrator may approve 
such a request. The notice of receipt for this action was published for 
comment on April 28, 2010 (75 FR 22404) (FRL-8822-1). The comment 
period closed on May 28, 2010.

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 
action. The existing stocks provision for the products subject to this 
order is as follows.
     For voluntary cancellations, the registrant may continue to sell 
and distribute existing stocks of product listed in Table 1 until July 
14, 2011, which is 1 year after publication of this cancellation order 
in the Federal Register. Thereafter, the registrant is prohibited from 
selling or distributing products listed in Table 1 of Unit II. except 
for export in accordance with FIFRA section 17 or for proper disposal.
     Persons other than the registrant may sell, distribute, or use 
existing stocks of canceled products until supplies are exhausted, 
provided that such sale, distribution, or use is consistent with the 
terms of the previously approved labeling on, or that accompanied, the 
canceled products.

[[Page 40827]]

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: July 1, 2010.
 Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.

[FR Doc. 2010-17020 Filed 7-13-10; 8:45 am]
BILLING CODE 6560-50-S
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