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[Federal Register: December 20, 2010 (Volume 75, Number 243)]
[Notices]               
[Page 79368-79369]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de10-932]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0128; FRL-8852-6]

 
Tetrahydro-3, 5-dimethyl-2H-1, 3, 4-thiadiazine-2-thione; 
Amendment To Terminate and or Delete Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the amendment to 
terminate and/or delete certain uses, voluntarily requested by the 
registrant and accepted by the Agency, of the products, listed in Table 
1, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA), as amended. This order follows a September 
10, 2010 Federal Register Notice of Receipt of Request from the 
registrant listed in Table 2 to voluntarily amend their tetrahydro-3, 
5-dimethyl-2H-1, 3, 4-thiadiazine-2-thione (Dazomet) product 
registrations to terminate or delete one or more uses. The request 
would terminate the uses listed in Table 1 of Unit II. The request 
would delete the uses listed in Table 2 of Unit II. The request would 
not terminate the last tetrahydro-3, 5-dimethyl-2H-1, 3, 4-thiadiazine-
2-thione products registered for use in the United States and would 
result in retention of some registered uses for those products. In the 
September 10, 2010 notice, EPA indicated that it would issue an order 
implementing the amendments to terminate uses, 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 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 amendment to terminate uses. 
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 order is effective December 20, 2010.

FOR FURTHER INFORMATION CONTACT: Abigail Downs, Antimicrobials Division 
(7510P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 305- 5259; e-mail address: downs.abigail@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-2005-0128. 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 and or delete

[[Page 79369]]

certain uses, as requested by the registrant, of products registered 
under section 3 of FIFRA. These registrations are listed in sequence by 
registration number, product name, and uses to be terminated in Table 1 
of this unit, and uses to be deleted in Table 2 of this unit.

   Table 1--Tetrahydro-3, 5-dimethyl-2H-1, 3, 4-thiadiazine-2-thione;
                   Amendment To Terminate Certain Uses
------------------------------------------------------------------------
       Registration No.            Product name    Uses to be terminated
------------------------------------------------------------------------
67869-18......................  N521 Technical...  Air washer systems;
                                                    eating
                                                    establishments;
                                                    Hospitals and
                                                    related
                                                    institutions;
                                                    commercial
                                                    institutions;
                                                    institutional and
                                                    industrial areas/
                                                    premises; swimming
                                                    pool water systems;
                                                    household or
                                                    domestic dwelling
                                                    contents; irrigation
                                                    systems.
67869-46......................  VeriGuard OD.....  Metal Working Fluids.
------------------------------------------------------------------------

   Table 2--Tetrahydro-3, 5-dimethyl-2H-1, 3, 4-thiadiazine-2-thione;
                    Amendment To Delete Certain Uses
------------------------------------------------------------------------
       Registration No.            Product name      Use to be deleted
------------------------------------------------------------------------
67869-18......................  N521 Technical...  Evaporated condenser
                                                    water systems.
------------------------------------------------------------------------

    Table 3 of this unit includes the name and address of record for 
the registrant of the products in Tables 1 and 2 of this unit.

                 Table 3--Registrant of Amended Product
------------------------------------------------------------------------
           EPA Company No.                  Company name and address
------------------------------------------------------------------------
67869................................  Verichem, Inc., 3499 Grand
                                        Avenue, Pittsburgh, PA 15225.
------------------------------------------------------------------------

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 September 10, 2010 Federal Register notice (75 FR 
55327) announcing the Agency's receipt of the request to voluntarily 
amend registrations to terminate certain uses of products listed in 
Table 1.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendment to terminate uses of tetrahydro-3, 5-dimethyl-2H-1,3,4-
thiadiazine-2-thione registrations identified in Table 1 of Unit II and 
delete uses of tetrahydro-3, 5-dimethyl-2H-1,3,4-thiadiazine-2-thione 
registrations identified in Table 2 of Unit II. Accordingly, the Agency 
orders that the product registrations identified in Table 1 of Unit II 
are hereby amended to terminate the affected uses, also listed in Table 
1. 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 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

    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.
    Once EPA has approved product labels reflecting the requested 
amendments to delete uses, registrants will be permitted to sell or 
distribute products under the previously approved labeling for a period 
of 18 months after the date of Federal Register publication of the 
cancellation order, unless other restrictions have been imposed. 
Thereafter, registrants will be prohibited from selling or distributing 
the products whose labels include the deleted uses identified in Table 
1 of Unit II., except for export consistent with FIFRA section 17 or 
for proper disposal.
    Persons other than the registrant may sell, distribute, or use 
existing stocks of products whose labels include the deleted uses 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, products bearing the deleted uses.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 30, 2010.
Joan Harrigan-Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 2010-31875 Filed 12-17-10; 8:45 am]
BILLING CODE 6560-50-P
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