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[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Notices]               
[Page 57785-57787]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se10-73]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0117; FRL-8841-8]

 
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 request by a registrant to voluntarily cancel 
certain pesticide registrations. 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 its further review of the request, or unless the registrant 
withdraws its request. If this request is granted, any sale, 
distribution, or use of products listed in this notice will be 
permitted after the registration has been canceled 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 October 22, 2010.

[[Page 57786]]

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2010-0117, by one of the following methods:
     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.
     Submit written withdrawal request by mail to: Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. Attention: K. Avivah Jakob.
     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-
2010-0117. 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 website 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:  K. Avivah Jakob, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-1328; e-mail 
address: jakob.kathryn@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. If you have any questions regarding the 
information in this notice, 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. What Action is the Agency Taking?

    This notice announces receipt by the Agency of a request from a 
registrant to cancel five pesticide products registered under FIFRA 
section 3 or 24(c). These registrations are listed in sequence by 
registration number (or company number and 24(c) number) in Table 1 of 
this unit.
     Unless the Agency determines that there are substantive comments 
that warrant further review of the request or the registrant withdraws 
their request, EPA intends to issue an order in the Federal Register 
canceling all of the affected registrations.

[[Page 57787]]

     Table 1.--Registrations with Pending Requests for Cancellation
------------------------------------------------------------------------
       Registration No.            Product Name        Chemical Name
------------------------------------------------------------------------
7969-78                         BASAGRAN[reg] M-   Bentazon
                                 60 Herbicide
------------------------------------------------------------------------
7969-122                        BASAGRAN[reg] DF   Bentazon
                                 Herbicide
------------------------------------------------------------------------
51036-363                       PROMPT[reg] 5L     Bentazon
                                 Herbicide
------------------------------------------------------------------------
51036-415                       LADDOCK[reg] 5L    Bentazon
                                 Herbicide
------------------------------------------------------------------------
51036-421                       BASAGRAN[reg] AG   Bentazon
------------------------------------------------------------------------

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

         Table 2.--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
              EPA Company No.                 Company Name and Address
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7969                                        BASF Corporation
51036.....................................  26 Davis Dr.
                                            P.O. Box 13528
                                            Research Triangle Park, NC
                                             27709-3528
------------------------------------------------------------------------

III. 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. 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 registrant in Table 2 of Unit II. has requested that EPA waive 
the 180-day comment period. Accordingly, EPA will provide a 30-day 
comment period on the proposed requests.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation 
should submit such withdrawal in writing to the person listed under FOR 
FURTHER INFORMATION CONTACT. If the products have been subject to a 
previous cancellation action, the effective date of cancellation and 
all other provisions of any earlier cancellation action are 
controlling.

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 
cancellation action. Because the Agency has identified no significant 
potential risk concerns associated with these pesticide products, upon 
cancellation of the products identified in Table 1 of Unit II., EPA 
anticipates allowing registrants to sell and distribute existing stocks 
of these products for 1 year after publication of the Cancellation 
Order in the Federal Register. Thereafter, registrants will be 
prohibited from selling or distributing the pesticides identified in 
Table 1 of Unit II., except for export consistent with FIFRA section 17 
or for proper disposal. Persons other than registrants will generally 
be allowed to sell, distribute, or use existing stocks until such 
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.

    September 13, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.

[FR Doc. 2010-23413 Filed 9-21-10; 8:45 am]
BILLING CODE 6560-50-S
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