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[Federal Register: October 14, 2010 (Volume 75, Number 198)]
[Notices]               
[Page 63178-63179]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc10-64]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0684; FRL-8848-5]

 
Product Cancellation Order for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; withdrawal of 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 
the products listed in Table 1 of Unit II, pursuant to section 6(f)(1) 
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as 
amended. This cancellation order follows a February 2, 2010, Federal 
Register Notice of Receipt of Requests from the registrant listed in 
Table 2 of Unit II., to voluntarily cancel these product registrations. 
This cancellation order also follows an April 7, 2010, Federal Register 
notice, which includes (in part) duplicative notice of the same 
requests. With respect to the products that are the subject of this 
order, the duplicative portions of the April 7, 2010, notice were 
issued in error and are hereby withdrawn. In the February 2, 2010, 
notice, EPA indicated that it would issue an order implementing the 
cancellations, unless the Agency received substantive comments within 
the 180-day comment period that would merit its further review of these 
requests, or unless the registrant withdrew their request. The Agency 
received comments on the notice but none merited its further review of 
the requests. 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 stock 
provisions.

DATES: The cancellations are effective October 14, 2010.

FOR FURTHER INFORMATION CONTACT: Daniel Peacock, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 305-5407; fax number: (703) 308-0029; e-mail address: 
peacock.daniel@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-2009-0684. 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's telephone number is (703) 305-5805.

II. What action is the agency taking?

    This notice announces the cancellation, as requested by the 
registrant, of products registered under FIFRA section 3. These 
registrations are listed in sequence by the registration number in 
Table 1 of this unit.

                                         Table 1--Product Cancellations
----------------------------------------------------------------------------------------------------------------
        EPA Registration No.                      Product name                          Chemical name
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NE-060001..........................  Rozol Prairie Dog Bait...............  Chlorophacinone
CO-060009..........................  Rozol Prairie Dog Bait...............  Chlorophacinone
KS-070003..........................  Rozol Prairie Dog Bait...............  Chlorophacinone
WY-070005..........................  Rozol Prairie Dog Bait...............  Chlorophacinone
TX-070008..........................  Rozol Prairie Dog Bait...............  Chlorophacinone
OK-080002..........................  Rozol Prairie Dog Bait...............  Chlorophacinone
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrant of the products listed in Table 1 of this unit.

                Table 2--Registrants of Canceled Products
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           EPA Company No.                 Company name and address
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7173................................  Liphatech, 3600 West Elm St.,
                                       Milwaukee, WI 53209.
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III. Summary of Public Comments Received and the Agency Response to 
Comments

    The comments submitted during the comment period expressed a 
general opposition to the use of anticoagulants to control prairie 
dogs, and none addressed the requests for voluntary cancellation. 
Therefore, the Agency does not believe that the comments merit further 
consideration with respect to those requests.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellations of the 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 October 14, 2010. 
Any distribution, sale, or use of existing stocks of the products 
identified in Table 1 of Unit II. in a

[[Page 63179]]

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 request in the Federal Register. Thereafter, 
following the public comment period, the EPA Administrator may approve 
the request. The notice of receipt for this action was published for 
comment in the Federal Register issued on February 2, 2010 (75 FR 5318) 
(FRL-8809-8). The comment period closed on August 2, 2010.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
that 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 existing stock provisions for the products 
subject to this order are as follows.
    The registrant may continue to sell and distribute existing stocks 
of products listed in Table 1 of Unit II. until October 14, 2011, which 
is 1 year after the publication of the 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 proper disposal. Persons 
other than the registrant may sell, distribute, or use existing stocks 
of products listed in Table 1 of Unit II., until existing stocks 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.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: October 1, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-25905 Filed 10-13-10; 8:45 am]
BILLING CODE 6560-50-P
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