32596 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 

wastewater utilities with easy-to-use 

resources to assess the risk associated 

with climate change and to identify 

potential adaptation strategies. EPA 

proposes to establish a Climate Ready 

Water Utilities program that will enable 

water and wastewater utilities to 

develop and implement long-range 

plans that account for climate change 

impacts. The program recognizes that 

any comprehensive approach to climate 

change must include both adaptation 

and mitigation. It should also engage a 

broad range of water sector 

stakeholders. The National Drinking 

Water Advisory Council (NDWAC), 

established under the Safe Drinking 

Water Act, as amended (42 U.S.C. 300f 

et seq.), provides practical and 

independent advice, consultation and 

recommendations to the Agency on the 

activities, functions and policies related 

to the implementation of the Safe 

Drinking Water Act. On May 28, 2009, 

NDWAC voted on and approved the 

formation of the Climate Ready Water 

Utilities Working Group. After this 

working group completes its charge, it 

will make recommendations to the full 

NDWAC. The full NDWAC will, in turn, 

make appropriate recommendations to 

the EPA. 

Working Group Charge: The charge 

for the Climate Ready Water Utilities 

Work Group (CRWUWG) is to evaluate 

the concept of ‘‘Climate Ready Water 

Utilities’’ and provide recommendations 

to the full NDWAC on the development 

of an effective program for drinking 

water and wastewater utilities, 

including recommendations to: (1) 

Define and develop a baseline 

understanding of how to use available 

information to develop climate change 

adaptation and mitigation strategies, 

including ways to integrate this 

information into existing 

complementary programs such as the 

Effective Utility Management and 

Climate Ready Estuaries Program; (2) 

Identify climate change-related tools, 

training, and products that address 

short-term and long-term needs of water 

and wastewater utility managers, 

decision makers, and engineers, 

including ways to integrate these tools 

and training into existing programs; and 

(3) Incorporate mechanisms to provide 

recognition or incentives that facilitate 

broad adoption of climate change 

adaptation and mitigation strategies by 

the water sector into existing EPA Office 

of Water recognition and awards 

programs or new recognition programs. 

Selection Criteria: The EPA is looking 

to create a diverse CRWUWG. Potential 

CRWUWG nominations could include 

individuals from stakeholder 

organizations such as wastewater and 

drinking water utilities, State and local 

officials, public health officials, 

environmental organizations, academia, 

and climate experts. The Agency is 

looking for a range of utility 

representation in terms of the size of the 

population served, geographic location, 

as well as investor- and publicly-owned 

and operated facilities. This is not an 

exhaustive list; it is only intended to 

provide a framework to consider 

potential nominees. 

Potential nominees should possess 

the following qualifications: Occupy a 

senior position within their 

organization; have broad experience 

outside their current position; 

demonstrate experience dealing with 

public policy issues; have extensive 

experience with and understanding of 

water utilities; and be knowledgeable on 

climate change. CRWUWG members 

should: Be recognized experts in their 

fields; be as impartial and objective as 

possible; collectively represent an array 

of backgrounds and perspectives within 

the water sector and related disciplines; 

and be available to fully participate in 

the working group. 

The schedule remains flexible; 

however, it is estimated that the first 

CRWUWG meeting will be convened in 

the fall of 2009, and subsequent 

meetings will be conducted over a 

relatively short time frame, 

approximately one year. Over the course 

of this period, CRWUWG members will 

be asked to attend up to five meetings, 

participate in conference calls and 

video-conferencing as necessary, 

participate in the discussion of key 

issues at all meetings, and review and 

finalize the products and outputs of the 

working group. 

Nomination of a Member: Any 

interested person or organization may 

nominate qualified individuals for 

membership to the working group. All 

nominees should be identified by their 

name, occupation, position, address, 

and telephone number. To be 

considered, all nominations must 

include a current resume providing the 

nominee’s background, experience and 

qualifications, in addition to a statement 

(not to exceed two (2) paragraphs) about 

their particular expertise and interest in 

potential climate change impacts on 

water utilities. Please note that the 

Agency will not formally acknowledge 

or respond to nominations. Additional 

sources may be utilized in the 

solicitation of nominees. 

Dated: June 26, 2009. 

Cynthia C. Dougherty, 

Director, Office of Ground Water and Drinking 

Water. 

[FR Doc. E9–16006 Filed 7–7–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0191; FRL–8422–6] 

Organic Arsenicals; Notice of Receipt 

of Requests to Voluntarily Cancel or to 

Amend to Terminate Uses of Certain 

Pesticide Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

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 requests by the 

registrants to voluntarily cancel and/or 

amend their registrations to terminate 

uses of certain products containing the 

pesticide organic arsenicals. The organic 

arsenicals include the pesticides 

monosodium methanearsonate (MSMA), 

disodium methanearsonate (DSMA), 

calcium acid methanearsonate (CAMA), 

and cacodylic acid and its sodium salt. 

The requests would terminate the 

following uses of MSMA: Residential; 

forestry; non-bearing fruit and nuts; 

citrus, bearing and non-bearing; 

bluegrass, fescue and ryegrass grown for 

seed; drainage ditch banks; railroad, 

pipeline, and utility rights of way; fence 

rows; storage yards; and similar noncrop areas. In addition, the requests 

terminate all uses of MSMA in Florida 

except for use on cotton grown in 

Calhoun, Columbia, Escambia, Gadsden, 

Hamilton, Holmes, Jackson, Jefferson, 

Okaloosa, Santa Rosa, Suwannee, 

Walton, and Washington counties. The 

requests would not terminate the last 

MSMA products registered for use in 

the United States. These requests for 

voluntary cancellation and amendment 

of MSMA containing products are the 

result of an agreement in principle 

signed by the EPA and the technical 

registrants of the organic arsenicals on 

January 16 and February 5, 2009. As 

part of the agreement, the registrants 

have requested voluntary cancellation of 

all products containing DSMA, CAMA, 

and cacodylic acid and its sodium salt. 

The requests would terminate the last 

DSMA, CAMA, and cacodylic acid and 

its sodium salt products registered for 

use in the United States. EPA intends to 

grant these requests at the close of the 

comment period for this announcement 

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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 32597 

unless the Agency receives substantive 

comments within the comment period 

that would merit its further review of 

the requests, or unless the registrants 

withdraw their requests within this 

period. Upon acceptance of these 

requests, any sale, distribution, or use of 

products listed in this notice will be 

permitted 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 August 7, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0191, 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. 

• 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–2009– 

0191. 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 email. 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: Tom 

Myers, Special Review and 

Reregistration Division (7508P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 308– 

8589; fax number: (703) 308–8005; email address: myers.tom@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. 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. Background on the Receipt of 

Requests to Cancel and/or Amend 

Registrations to Delete Uses 

This notice announces receipt by EPA 

of requests from registrants to cancel or 

amend organic arsenical product 

registrations. The organic arsenicals are 

herbicides registered for application to 

cotton, bearing and non-bearing fruit 

and nut trees, commercial turf, golf 

courses, athletic fields, parks and 

residential lawns among other sites. In 

letters received by the Agency, the 

registrants have requested EPA to cancel 

affected product registrations and/or to 

amend to terminate uses of pesticide 

product registrations identified in this 

notice in Tables 1 and 2. Specifically, 

the registrants have requested voluntary 

cancellation of all products containing 

DSMA, CAMA, cacodylic acid and its 

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32598 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 

sodium salt. In addition, the registrants 

have requested that certain uses of 

MSMA be terminated in accordance 

with the agreement in principle. The 

requests would terminate the following 

uses of MSMA: Residential; forestry; 

non-bearing fruit and nuts; citrus, 

bearing and non-bearing; bluegrass, 

fescue and ryegrass grown for seed; 

drainage ditch banks; railroad, pipeline, 

and utility rights of way; fence rows; 

storage yards; and similar non-crop 

areas. In addition, the requests 

terminate all uses of MSMA in Florida 

except for use on cotton grown in 

Calhoun, Columbia, Escambia, Gadsden, 

Hamilton, Holmes, Jackson, Jefferson, 

Okaloosa, Santa Rosa, Suwannee, 

Walton, and Washington counties. The 

requests would not terminate the last 

MSMA products registered for use in 

the United States. The requests would 

terminate the last DSMA, CAMA, and 

cacodylic acid and its sodium salt 

products registered for use in the United 

States. 

III. What Action is the Agency Taking? 

This notice announces receipt by the 

Agency of requests from registrants to 

cancel or amend to terminate uses of 

organic arsenicals product registrations. 

The affected products and the 

registrants making the requests are 

identified in Tables 1–3 of this unit. 

Under section 6(f)(1)(A) of FIFRA, 

registrants may request, at any time, that 

their pesticide registrations be canceled 

or amended to terminate one or more 

pesticide uses. 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, section 6(f)(1)(C) of FIFRA 

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 Administrator determines that 

continued use of the pesticide would 

pose an unreasonable adverse effect on 

the environment. 

The organic arsenical registrants have 

requested that EPA waive the 180–day 

comment period. EPA will provide a 

30–day comment period on the 

proposed requests. 

Unless a request is withdrawn by the 

registrant within 30 days of publication 

of this notice, or if the Agency 

determines that there are substantive 

comments that warrant further review of 

this request, an order will be issued 

canceling or amending the affected 

registrations. 

TABLE 1.—ORGANIC ARSENICAL PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration Number Product Name Chemical Name 

239-2510 Ortho Crabgrass Killer Formula II CAMA 

239-2572 Ortho Crabgrass Killer Spray CAMA 

538-10 Scotts Summer Crabgrass Control DSMA 

538-169 Scotts Spot Grass and Weed Control Cacodylic acid 

Cacodylic acid, sodium salt 

538-178 Scotts Post Emergent Crabgrass Control MSMA 

769-635 SMCP MSMA 70W Liquid MSMA Plus Surfactant MSMA 

769-636 SMCP MSMA 70 Liquid MSMA 

769-637 SMCP MSMA 6.66 MSMA 

769-664 X-CEL Veg Kil Cacodylic acid 

Cacodylic acid, sodium salt 

769-705 SMCP MSMA HC 8 Liquid High Concentrate MSMA 

769-916 Science Grass and Weed Top-Killer Cacodylic acid 

Cacodylic acid, sodium salt 

769-975 Liquid Edger Herbicide Cacodylic acid 

Cacodylic acid, sodium salt 

869-175 Green Light Liquid Edger Cacodylic acid 

Cacodylic acid, sodium salt 

869-243 Green Light MSMA Crabgrass Killer 2 MSMA 

2217-229 Selective Crabgrass Killer Contains DSMA DSMA 

2217-434 Crabgrass Killer DSMA 

2217-512 Nutgrass Killer MSMA 

2217-513 Crabgrass Killer MSMA 

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TABLE 1.—ORGANIC ARSENICAL PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued 

Registration Number Product Name Chemical Name 

2217-630 Gordon’s Crabgrass and Nutgrass Killer MSMA 

2217-808 EH 795 Residential Herbicide MSMA 

2,4-D dimethylamine salt 

Benzoic acid, 3,6-dichloro-2-methoxy-, compd with Nmethylmetharamine (1:1) 

Propanoic acid 2-(4-chloro-2-methylphenoxy)-, (R) 

compd with N-methylmetharamine (1:1) 

2217-815 EH 1335 Herbicide MSMA 

2,4-D dimethylamine salt 

Benzoic acid, 3,6-dichloro-2-methoxy-, compd with Nmethylmetharamine (1:1) 

Propanoic acid 2-(4-chloro-2-methylphenoxy)-, (R) 

compd with N-methylmetharamine (1:1) 

2217-830 EH 1378 Herbicide MSMA 

2,4-D dimethylamine salt 

Benzoic acid, 3,6-dichloro-2-methoxy-, compd with Nmethylmetharamine (1:1) 

Propanoic acid 2-(4-chloro-2-methylphenoxy)-, (R) 

compd with N-methylmetharamine (1:1) 

5481-67 Alco Ho No Mo Liquid Cacodylic acid 

Cacodylic acid, sodium salt 

5481-227 DSMA Liquid Plus Surfactant DSMA 

5481-228 MSMA 40 Plus Surfactant MSMA 

5481-229 MSMA 60 Plus Surfactant MSMA 

5481-230 MSMA 66 Concentrate MSMA 

5481-231 MSMA 80 Concentrate MSMA 

5887-172 Improved Crabgrass Killer MSMA 

5905-67 MSMA Arsonate Liquid MSMA 

5905 GA-82-0011 MSMA Arsonate Liquid MSMA 

7401-23 Ferti-Lome Crabgrass and Dallis Grass Killer MSMA 

7401-246 Hi-Yield Super Decimate+Surfactant MSMA 

7401-366 Ferti-Lome Improved Bermuda Grass Killer MSMA 

Cacodylic acid, sodium salt 

8660-48 Crabgrass Killer DSMA 

8660-63 Clean-Up Herbicide Cacodylic acid 

Cacodylic acid, sodium salt 

8660-120 Vertagreen Crabgrass &Weed Killer MSM 

8660-121 Greenup Nutgrass &Chickweed Killer MSMA 

9779-86 Riverside 612 Herbicide MSMA 

9779-96 Riverside 120 Herbicide MSMA 

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32600 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 

TABLE 1.—ORGANIC ARSENICAL PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued 

Registration Number Product Name Chemical Name 

9779-128 DSMA Herbicide DSMA 

9779-155 Riverside 145 Herbicide MSMA 

9779-170 Riverside MSMA 4 MSMA 

9779-174 Riverside DSMA Liquid Plus Surfactant DSMA 

9779-317 Prometryne+MSMA MSMA 

Prometryn 

10088-74 Lawn and Turf Weed Control MSMA 

19713-45 Drexel DSMA Liquid DSMA 

19713-113 Drexel DSMA 81P DSMA 

19713-117 Drexel Kack Herbicide Cacodylic acid 

Cacodylic acid, sodium salt 

19713-141 Drexel Ezy-Pickin Cotton Defoliant Cacodylic acid 

Cacodylic acid, sodium salt 

19713-153 Kack Plus MSMA Herbicide MSMA 

Cacodylic acid 

Cacodylic acid, sodium salt 

19713-162 MSMA 6 Tree Killer MSMA 

19713-276 IDA, INC. DSMA Slurry DSMA 

19713-311 Pearson’s Easy-Edger and Cleaner Cacodylic acid 

Cacodylic acid, sodium salt 

19713-530 Drexel DSMA 81 Dry Powder DSMA 

19713-532 DSMA Slurry DSMA 

19713-533 Super Dal-E-Rad Calar CAMA 

19713-534 APC Holdings DSMA Liquid DSMA 

19713-535 APC Holdings DSMA Liquid 4 DSMA 

28293-234 Unicorn Liquid Edger Cacodylic acid 

Cacodylic acid, sodium salt 

28293-361 Unicorn Weed Edger Cacodylic acid 

Cacodylic acid, sodium salt 

33955-510 Acme Weed Killer Nonselective Herbicide for General Weed Control Cacodylic acid 

Cacodylic acid, sodium salt 

33955-553 Acme Ready-To Use Weed & Grass Killer Cacodylic acid 

Cacodylic acid, sodium salt 

42519-4 Cacodylate 3.25 Cacodylic acid 

Cacodylic acid, sodium salt 

42519-8 Sodium Cacodylate Solution Cacodylic acid 

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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 32601 

TABLE 1.—ORGANIC ARSENICAL PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued 

Registration Number Product Name Chemical Name 

Cacodylic acid, sodium salt 

42519-10 Leaf-All Cacodylic acid 

Cacodylic acid, sodium salt 

46515-1 Liquid Fence & Grass Edger Cacodylic acid 

Cacodylic acid, sodium salt 

46515-12 Super K-Gro Ready-to-Use Crabgrass Killer CAMA 

59144-20 Liquid Edger Ready-to-Use Cacodylic acid 

Cacodylic acid, sodium salt 

61483-19 DSMA Liquid DSMA 

61483-20 Super Arsonate MSMA 

61483-25 Ansar 529 HC Herbicide MSMA 

61483-40 DSMA 4 DSMA 

72155-1 Herbicide 3D RTU MSMA 

2,4-D dimethylamine salt 

Benzoic acid, 3,6-dichloro-2-methoxy-, compd with Nmethylmetharamine (1:1) 

Propanoic acid 2-(4-chloro-2-methylphenoxy)-, (R) 

compd with N-methylmetharamine (1:1) 

72155-3 Lawn Herbicide TN Concentrate MSMA 

2,4-D dimethylamine salt 

Benzoic acid, 3,6-dichloro-2-methoxy-, compd with Nmethylmetharamine (1:1) 

Propanoic acid 2-(4-chloro-2-methylphenoxy)-, (R) 

compd with N-methylmetharamine (1:1) 

72155-5 Lawn Herbicide 3D Concentrate MSMA 

2,4-D dimethylamine salt 

Benzoic acid, 3,6-dichloro-2-methoxy-, compd with Nmethylmetharamine (1:1)] 

Propanoic acid 2-(4-chloro-2-methylphenoxy)-, (R) 

compd with N-methylmetharamine (1:1) 

72155-6 Lawn Herbicide 3D-40 Concentrate MSMA 

2,4-D dimethylamine salt 

Benzoic acid, 3,6-dichloro-2-methoxy-, compd with Nmethylmetharamine (1:1)] 

Propanoic acid 2-(4-chloro-2-methylphenoxy)-, (R) 

compd with N-methylmetharamine (1:1) 

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TABLE 2.—ORGANIC ARSENICAL PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT

Registration Number Product Name Chemical name 

2217-709 Quadmec Turf Herbicide MSMA 

2,4-D dimethylamine salt 

Benzoic acid, 3,6-dichloro-2-methoxy-, compd with N-methylmetharamine 

(1:1) 

Propanoic acid 2-(4-chloro-2-ethylphenoxy)-, (R) compd with Nmethylmetharamine (1:1) 

2217-797 EH 1143 Herbicide MSMA 

MCPA, dimethylamine salt 

Benzoic acid, 3,6-dichloro-2-methoxy-, compd with N-methylmetharamine 

(1:1) 

Propanoic acid 2-(4-chloro-2-ethylphenoxy)-, (R) compd with Nmethylmetharamine (1:1) 

5905-66 MSMA Plus MSMA 

5905-162 Helena Brand MSMA High 

Concentrate 

MSMA 

5905-164 MSMA Plus HC MSMA 

9779-133 Riverside 912 Herbicide MSMA 

19713-40 Drexar 530 MSMA 

19713-41 Drexel MSMA 6.6 MSMA 

19713-42 MSMA 6 Plus MSMA 

19713-151 Drexel MSMA 8 MSMA 

19713-267 IDA, Inc. MSMA 4 Plus MSMA 

19713-269 IDA, Inc. MSMA 6.6 MSMA 

19713-278 IDA, Inc. MSMA 6 Plus MSMA 

19713-528 Diumate MSMA 

Diuron 

19713-529 Drexel MSMA 600 Herbicide MSMA 

19713-531 Drexel MSMA 660 MSMA 

19713-550 Drexel MSMA 120 MSMA 

42519-1 Target 6.6 MSMA 

42519-3 Target 6 Plus MSMA 

42750-28 Weed Hoe 120 MSMA 

42750-29 Weed Hoe 108 MSMA 

61483-13 Daconate MSMA 

61483-14 Daconate 6 MSMA 

61483-15 Bueno-6 MSMA 

61483-17 Daconate Super Brand MSMA 

61483-18 Bueno MSMA 

62719-339 MSMA 6.6 MSMA 

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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 32603 

TABLE 2.—ORGANIC ARSENICAL PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT—Continued 

Registration Number Product Name Chemical name 

62719-340 MSMA Plus S MSMA 

62719-343 MSMA 51% MSMA 

Table 3 of this unit includes the 

names and addresses of record for the 

registrants of the products listed in 

Table 1 and Table 2 of this unit. 

TABLE 3.—REGISTRANTS REQUESTING

VOLUNTARY CANCELLATION AND/OR

AMENDMENTS

EPA Company 

No. 

Company Name and 

Address 

239 The Scotts Co., d/b/a/ 

The Ortho Group, PO 

Box 190, Marysville, 

OH 43040 

538 The Scotts Co., 14111 

Scottslawn Rd, 

Marysville, OH 43041 

769 Value Gardens Supply, 

LLC d/b/a/ Value Garden Supply, PO Box 

585, Saint Joseph, 

MO 64502 

869 Valent GI Corp., c/o Valent USA Corp., 

Agent For: Green 

Light Co., 1600 Riviera Ave. Suite 200, 

Walnut Creek, CA 

94596 

2217 PBI/Gordon Corp., PO 

Box 014090, Kansas 

City, MO 64101-0090 

5481 Amvac Chemical Corp., 

d/b/a/ Amvac, 4695 

Macarthur Ct., Suite 

1250, Newport 

Beach, CA 92660- 

1706 

5887 Value Gardens Supply, 

LLC d/b/a/ Value Garden Supply, PO Box 

585, Saint Joseph, 

MO 64502] 

5905 Helena Chenical Co., 

7664 Moore Rd., 

Memphis, TN 38120 

7401 Mandava Associates, 

LLC, Agent for: Voluntary Purchasing 

Groups, Inc., N. Dallas Pkwy., Suite 200, 

Plano, TX 75024 

TABLE 3.—REGISTRANTS REQUESTING

VOLUNTARY CANCELLATION AND/OR

AMENDMENTS—Continued 

EPA Company 

No. 

Company Name and 

Address 

8660 United Industries Corp., 

d/b/a Sylorr Plant 

Corp., PO Box 

142642, St. Louis, 

MO 63114-0642 

9779 Winfield Solutions, LLC, 

PO Box 64589, St. 

Paul, MN 55164-0589 

10088 Athea Laboratories Inc., 

PO Box 240014, Milwaukee, WI 53224 

19713 Drexel Chemical Co., 

PO Box 13327, Memphis, TN 38113-0327 

28293 Phaeton Corp., d/b/a/ 

Unicorn Laboratories, 

PO Box 290, Madison, GA 30650 

33955 PBI/Gordon Corp., PO 

Box 014090, Kansas 

City, MO 64101-0090 

42519 Luxemborg-Pamol, Inc., 

5100 Poplar Ave. 

Suite 2700, Memphis, 

TN 38137 

42750 Albaugh Inc., 1525 NE 

36th Street, Ankeny, 

IA 50021 

46515 Celex, Division of 

United Industries 

Corp., PO Box 

142642, St. Louis, 

MO 63114-0642 

59144 RegWest Company, 

LLC, Agent for: Gro 

Tec, Inc., 30856 

Rocky Rd. Greely, 

CO 80631-9375 

61483 KMG-Bernuth, Inc., 

9555 W. Sam Houston Pkwy South, 

Suite 600, Houston, 

TX 77099 

62719 Dow Agrosciences LLC, 

9330 Zionsville Rd 

308/2e, Indianapolis, 

IN 46268-1054 

TABLE 3.—REGISTRANTS REQUESTING

VOLUNTARY CANCELLATION AND/OR

AMENDMENTS—Continued 

EPA Company 

No. 

Company Name and 

Address 

72155 Bayer Advanced, PO 

Box 12014, 2 TW Alexander Dr., Research Triangle Park, 

NC 27709 

IV. 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. 

V. Procedures for Withdrawal of 

Request and Considerations for 

Reregistration of Organic Arsenicals 

Registrants who choose to withdraw a 

request for cancellation must submit 

such withdrawal in writing to the 

person listed under FOR FURTHER

INFORMATION CONTACT, postmarked 

before August 7, 2009. This written 

withdrawal of the request for 

cancellation will apply only to the 

applicable FIFRA section 6(f)(1) request 

listed in this notice. If the products(s) 

have been subject to a previous 

cancellation action, the effective date of 

cancellation and all other provisions of 

any earlier cancellation action are 

controlling. 

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 cancellation action. 

In any order issued in response to these 

requests for cancellation of product 

registrations, EPA proposes to include 

the following provisions for the 

treatment of any existing stocks of the 

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32604 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 

products identified or referenced in 

Table 1 in Unit III. 

In any order issued in response to 

these requests for amendments to 

terminate uses, the Agency proposes to 

include the following provisions for the 

treatment of any existing stocks of the 

products identified or referenced in 

Table 2 in Unit III. 

The registrants have requested 

voluntary cancellation of the arsenic 

registrations identified in Table 1 and 

voluntary amendment to terminate 

certain uses of the arsenic registrations 

identified in Table 2. Pursuant to 

section 6(f) of FIFRA, EPA intends to 

grant the requests for voluntary 

cancellation and amendment. 

As outlined in the organic arsenicals 

Agreement in Principle the following 

existing stocks dates are being proposed. 

EPA encourages stakeholders to submit 

comments on these existing stocks 

timeframes. Comments will be 

evaluated and the final existing stocks 

timeframes will be incorporated into the 

cancellation order which will be 

published in the Federal Register. 

After December 31, 2009, registrants 

would be prohibited from selling or 

distributing existing stocks of products 

containing MSMA labeled for all uses, 

except cotton, sod farms, golf courses, 

and highway rights-of-way. Also, after 

December 31, 2009, registrants would be 

prohibited from selling or distributing 

existing stocks of products containing 

DSMA, CAMA, cacodylic acid and its 

sodium salt. 

After June 30, 2010, persons other 

than registrants would be prohibited 

from selling or distributing existing 

stocks of products containing MSMA 

labeled for all uses, except cotton, sod 

farms, golf courses, and highway rightsof-way, and products containing DSMA, 

CAMA, and/or cacodylic acid and its 

sodium salt. 

After December 31, 2010, use of 

products containing MSMA labeled for 

all uses, except cotton, sod farms, golf 

courses, and highway rights-of-way and 

products containing DSMA, CAMA, 

cacodylic acid and its sodium salt 

would be prohibited. 

After December 31, 2012, registrants 

would be prohibited from selling or 

distributing existing stocks of products 

containing MSMA labeled for use on 

sod farms, golf courses, and highway 

rights-of-way. 

After June 30, 2013, persons other 

than registrants would be prohibited 

from selling or distributing existing 

stocks of products containing MSMA 

labeled for use on sod farms, golf 

courses, and highway rights-of-way. 

After December 31, 2013, use of 

products containing MSMA labeled for 

all uses, except cotton, would be 

prohibited. 

If the request for voluntary 

cancellation and use termination is 

granted, the Agency intends to publish 

the cancellation order in the Federal 

Register. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: June 30, 2009. 

Peter Caulkins, 

Acting Director, Special Review and 

Reregistration Division, Office of Pesticide 

Programs. 

[FR Doc. E9–16054 Filed 7–7–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0399; FRL–8423–4] 

Pesticide Products; Registration 

Application for a New Use 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces receipt 

of an application to register a pesticide 

product that proposes a new use for its 

active ingredient pursuant to the 

provisions of section 3(c)(4) of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), as amended. 

DATES: Comments must be received on 

or before August 7, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0399, 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. 

• 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–2009– 

0399. 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 email. 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: 

Andrew Bryceland, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

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