81 FR 14109 - Dicloran (DCNA); Notice of Receipt of Request To Voluntarily Amend Registrations To Terminate Certain Uses

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 51 (March 16, 2016)

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of a request by Gowan Company to voluntarily amend their dicloran (DCNA) product registrations to terminate certain uses. The request would delete DCNA use in or on apricots, chrysanthemums, conifers, gladiolus, grapes, greenhouse cucumbers, greenhouse lettuce, greenhouse rhubarb, greenhouse tomato, nectarines, peaches, plums/prunes, roses, and sweet cherries. The request would not terminate the last DCNA product registered for use in the United States. 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 uses have been deleted only if such sale, distribution, or use is consistent with the terms as described in the final order.

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14109-14111]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05960]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0265; FRL-9941-37]


Dicloran (DCNA); Notice of Receipt of Request To Voluntarily 
Amend Registrations To Terminate Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of a 
request by Gowan Company to voluntarily amend their dicloran (DCNA) 
product registrations to terminate certain uses. The request would 
delete DCNA use in or on apricots, chrysanthemums, conifers, gladiolus, 
grapes, greenhouse cucumbers, greenhouse lettuce, greenhouse rhubarb, 
greenhouse tomato, nectarines, peaches, plums/prunes, roses, and sweet 
cherries. The request would not terminate the last DCNA product 
registered for use in the United States. 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

[[Page 14110]]

this notice will be permitted after the uses have been deleted 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 September 12, 2016.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0265, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: James Parker, Pesticide Re-Evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 306-0469; email address: 
[email protected].

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.

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 email. 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 preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background on the Receipt of Requests To Amend Registrations To 
Delete Uses

    This notice announces receipt by EPA of a request from Gowan 
Company to delete certain uses of DCNA product registrations. DCNA is a 
pre- and post-harvest fungicide used on various agricultural 
commodities and ornamentals. In a letter dated October 16, 2014, Gowan 
Company requested EPA to delete certain uses of pesticide product 
registrations identified in Table 1 of Unit III. Specifically, in order 
to alleviate several data requirements identified in the DCNA 
reregistration data call-in (DCI), Gowan Company submitted a letter 
requesting to voluntarily cancel DCNA use in or on: Apricots, 
chrysanthemums, conifers, gladiolus, grapes, greenhouse cucumbers, 
greenhouse lettuce, greenhouse rhubarb, greenhouse tomato, nectarines, 
peaches, plums/prunes, roses, and sweet cherries. This action will not 
terminate the last pesticide products registered in the United States 
for DCNA.

III. What action is the Agency taking?

    This notice announces receipt by EPA of a request from Gowan 
Company to delete certain uses of DCNA product registrations. The 
affected products and the registrants making the requests are 
identified in Tables 1 and 2 of this unit.
    Unless a request is withdrawn by the registrant or if the Agency 
determines that there are substantive comments that warrant further 
review of this request, EPA intends to issue an order canceling and/or 
amending the affected registrations at the conclusion of the 180-day 
comment period.

              Table 1--Dicloran (DCNA) Product Registrations With Pending Requests for Cancellation
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            Registration No.                        Product name                           Company
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10163-189...............................  Botran 75-W Fungicide...........  Gowan Company.
10163-195...............................  Botran Technical................  Gowan Company.
10163-226...............................  Botran 5F Fungicide.............  Gowan Company.
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    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, in 
sequence by EPA company number. This number corresponds to the first 
part of the EPA registration numbers of the products listed in Table 1 
of this unit.

          Table 2--Registrants Requesting Voluntary Amendments
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            EPA Company No.                  Company name and address
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10163..................................  Gowan Company, P.O. Box 5569,
                                          Yuma, Arizona 85366-5569.
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IV. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) 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.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) 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

[[Page 14111]]

termination. In addition, FIFRA section 6(f)(1)(C) (7 U.S.C. 
136d(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 DCNA registrant has not requested that EPA waive the 180-day 
comment period. Accordingly, EPA will provide a 180-day comment period 
on the proposed request.

V. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for use deletion 
should submit the 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.

VI. 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 
action. If the request for amendment to delete uses is granted, the 
Agency intends to publish the cancellation order in the Federal 
Register.
    In any order issued in response to this request for an amendment to 
delete uses EPA proposes to include the following provisions for the 
treatment of any existing stocks of the products listed in Table 1 of 
Unit III.
    Effective on the date of publication of the cancellation order, the 
registrant may not sell, distribute or use existing stocks of products 
whose labels include deleted uses. 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, the deleted uses.

    Authority:  7 U.S.C. 136 et seq.

    Dated: March 8, 2016.
Yu-Ting Guilaran,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2016-05960 Filed 3-15-16; 8:45 am]
 BILLING CODE 6560-50-P