81 FR 83833 - Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 225 (November 22, 2016)
Federal Register Volume 81, Issue 225 (November 22, 2016)
| Page Range | 83833-83836 | |
| FR Document | 2016-28096 |
[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)] [Notices] [Pages 83833-83836] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28096] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2016-0618; FRL-9954-80] Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by the registrants to voluntarily cancel their registrations of certain products containing the active ingredients dimethomorph, metiram, profenofos, propoxur, and sodium acifluorfen and to amend certain captan and propoxur product registrations to terminate one or more uses. For captan, if granted, the requests would terminate the last U.S. registered use on dichondra, grasses (lawn seed beds), turf (golf courses and sod farms), and turf grasses (golf courses and ornamentals in non-pastured areas). For propoxur, if granted, the requests would terminate the last indoor use of aerosol, spray, and liquid formulations, and terminate the last uses in food handling establishments and for indoor crack and crevice. The requests, if granted, would not cancel the last captan, dimethomorph, propoxur, and sodium acifluorfen products registered for use in the United States. The requests, if granted, would cancel the last profenofos and metiram products registered for use in the United States. EPA intends to grant these requests 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 requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the affected registrations have been cancelled/use terminated 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 December 22, 2016. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2016-0618, 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: Brittany Pruitt, Pesticide Re- Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 347-0289; 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 Cancel and/or Amend Registrations To Terminate Certain Uses This notice announces receipt by EPA of requests from ABC Compounding Company, Inc.; Albaugh, LLC; Bonide Products, Inc.; BASF Corporation; Wellmark International; FMC Corporation; Summit Chemical Company; Sungro Products, LLC.; Syngenta Crop Protection; and Whitmore Micro-Gen to cancel certain product registrations or amend registrations to terminate certain uses of certain product registrations. Captan is a broad spectrum fungicide registered for use on fruit and nut trees, grapes, berries, vegetables, corn, soybeans, cereal grains, and forage crops. In addition, captan is registered for use as a seed and seed piece treatment, as a preplant root dip, and as a post- harvest fruit dip. Captan is also registered for use on ornamentals and turf. In a letter dated October 5, 2016, Albaugh requested that EPA amend the technical and product registrations listed in Table 2 of Unit III of this document to terminate certain uses, including turf. If granted, the requests will result in termination of the last U.S. registered use of captan on dichondra, grasses (lawn seed beds), turf (golf courses and sod farms), and turf grasses (golf courses and ornamentals in non-pastured areas). Dimethomorph is a systemic fungicide registered for use to control downy mildew, late blight, and crown [[Page 83834]] and root rot on plants. It is a cinnamic acid derivative and a member of the morpholine chemical family. Dimethomorph is used on numerous agricultural crops including leafy vegetables, bulb vegetables, fruiting vegetables, potatoes, tobacco, and tomatoes. In a letter dated March 8, 2016, BASF Corporation requested that EPA cancel five product registrations containing dimethomorph, identified in Table 1 of Unit III. If granted, this request will not result in cancellation of the last dimethomorph pesticide products registered for use in the United States. Metiram is a broad spectrum fungicide that belongs to the ethylene bisdithiocarbamate (EBDC) group of fungicides. Metiram is registered for use to control scab and rust diseases on apples, early and late blight diseases on potatoes, and anthracnose disease on leather leaf ferns. In letters dated September 28, 2016 and October 24, 2016, BASF Corporation requested that EPA cancel three metiram product registrations. These registrations are identified in Table 1 of Unit III. If granted, this request will result in the cancellation of the last metiram pesticide products registered for use in the United States. Profenofos is an organophosphate insecticide registered for use on cotton. The main target pests for profenofos are lepidopterans; however, other alternatives are available. In a letter dated September 28, 2016, Syngenta Corporation requested that EPA cancel two product registrations containing profenofos. These registrations are identified in Table 1 of Unit III. If granted, this request will result in cancellation of the last profenofos pesticide products registered for use in the United States. Propoxur is an insecticide registered for use to kill a variety of insects including crickets, ants, cockroaches, silverfish and other pests. It is registered for use in and around industrial, institutional, commercial, and residential facilities. The propoxur preliminary human health risk assessment (Propoxur: Human Health Preliminary Risk Assessment for Registration Review, May 22, 2015) identified dietary and residential post-application risks of concern for indoor crack and crevice applications (liquid and aerosol formulations) in institutional settings (i.e., hospitals, dormitories) and in food handling establishments (FHE). The technical registrant, Wellmark International, voluntarily requested amendments to terminate these uses to mitigate the risks of concern. The technical registrations were amended and the uses were terminated effective September 22, 2015 (80 FR 57179; FRL-9933-58). Subsequently, in letters dated April 11, 2016, April 12, 2016, April 27, 2016, May 6, 2016, and July 22, 2016, ABC Compounding Company, Inc., Wellmark International, FMC Corporation, Summit Chemical Company, Sungro Products, LLC., and Whitmore Micro-Gen requested that EPA cancel certain propoxur registrations and/or amend to terminate certain uses of propoxur pesticide product registrations identified in Tables 1 and 2 of Unit III. Specifically, the registrants requested that the following uses and formulations be terminated: all indoor aerosol, spray, and liquid formulations of propoxur; use in food handling establishments; and indoor crack and crevice use. If granted, these requests will result in cancellation of and/or amendment to terminate these uses of propoxur pesticide products registered in the United States. FMC Corporation, an end-use propoxur registrant, requested voluntary cancellation of their end-use propoxur product registered for the terminated uses with an effective cancellation date of December 31, 2017. EPA anticipates granting an effective cancellation date of December 31, 2017 for the propoxur product registrations identified in Tables 1 of Unit III, which will allow the registrants to sell and distribute existing stocks of these products until December 31, 2017. Thereafter, registrants will be prohibited from selling or distributing the propoxur products identified in Table 1 of Unit III., except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Sodium acifluorfen is a selective, diphenyl ether herbicide and a light dependent peroxidizing herbicide (LDPH) registered for use for post-emergent weed control on soybeans, peanuts, rice, and strawberries. In a letter dated February 26, 2016, Bonide Products Inc. requested that EPA cancel one product registration containing sodium acifluorfen identified in Table 1 of Unit III. If granted, this request will cancel the last sodium acifluorfen pesticide product registered for residential use in the United States. III. What action is the agency taking? This notice announces receipt by EPA of requests from registrants to cancel certain product registrations of dimethomorph, metiram, profenofos, propoxur, and sodium acifluorfen and to amend certain captan and propoxur product registrations to terminate one or more uses. The affected products and the registrants making the requests are identified in Tables 1-3 of this unit. Unless requests are withdrawn by the registrants or if the Agency determines that there are substantive comments that warrant further review of these requests, EPA intends to issue an order canceling the affected registrations and amending to terminate certain uses of the affected registrations for which the Agency received use termination requests. Table 1--Dimethomorph, Metiram, Profenofos, Propoxur and Sodium Acifluorfen Product Registrations With Pending Requests for Cancellation ------------------------------------------------------------------------ Registration No. Product name Company ------------------------------------------------------------------------ 4-433.................. Bonide Kleen up Grass and Bonide Products Inc. Weed Killer, Ready to Use. 100-598................ Profenofos Technical..... Syngenta Crop Protection. 100-699................ Curacron 8E.............. Syngenta Crop Protection. 279-3395............... CB Invader with Propoxur. FMC Corporation. 241-383................ Acrobat MZ Fungicide..... BASF Corporation. 241-395................ Acrobat MZ WDG Fungicide. BASF Corporation. 241-410................ Acrobat 50 WP Fungicide.. BASF Corporation. 241-411................ Stature MZ Fungicide..... BASF Corporation. 241-419................ Stature DM Fungicide..... BASF Corporation. 3862-135............... Drop Dead................ ABC Compounding Company, Inc. 6218-24................ Permacide Plus........... Summit Chemical Company. 7969-105............... Polyram 80 DF............ BASF Corporation. 7969-321............... Cabrio Plus Fungicide.... BASF Corporation. 11556-33............... Sendran Technical........ Bayer Healthcare, LLC. [[Page 83835]] 89459-39............... Prentox Prenbay 1.5 BC... Central Garden & Pet Company. 89459-28............... Prentox Prenbay 1% Oil... Central Garden & Pet Company FL980001............... Polyram 80 DF............ BASF Corporation. ------------------------------------------------------------------------ Table 2--Captan and Propoxur Product Registrations With Pending Requests for Amendment ---------------------------------------------------------------------------------------------------------------- Registration No. Product name Company Uses to be terminated ---------------------------------------------------------------------------------------------------------------- 42750-230................... Captan Technical......... Albaugh LLC............. Turf (golf courses and sod farms), seed beds and greenhouse bench treatment. 42750-231................... Captan 80 DF............. Albaugh LLC............. Dichondra, turf grasses (golf courses, ornamental in non- pastured areas only), grasses (lawn seedbeds), turf (sod farms). 42750-235................... Captan 50% WP............ Albaugh LLC............. Dichondra, turf grasses (ornamentals in non-pastured areas only), grasses (lawn seedbeds). 42750-236................... Captan 39.75% FL......... Albaugh LLC............. Dichondra, turf grasses (ornamental in non-pastured areas only), grasses (lawn seed beds). 84396-12.................... Sungro Residual Spray.... Sungro Products, LLC.... Indoor aerosol, spray, and liquid formulations; use in food handling establishments and indoor crack and crevice use. ---------------------------------------------------------------------------------------------------------------- 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, 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 and Table 2 of this unit. Table 3--Registrants Requesting Voluntary Cancellation and/or Amendments ------------------------------------------------------------------------ EPA company No. Company name and address ------------------------------------------------------------------------ 4............................ Bonide Products, Inc., 6301 Sutliff Road, Oriskany, NY 13424. 100.......................... Syngenta Crop Protection, P.O. Box 18300, Greensboro, NC 27419. 241.......................... BASF Corporation, 29 Davis Drive, Research Triangle Park, NC 27709. 279.......................... FMC Corporation, 1735 Market Street, Philadelphia, PA 19103. 3862......................... ABC Compounding Company, Inc., P.O. Box 16247, Atlanta, GA 30321. 6218......................... Summit Chemical Company, 8322 Sharon Drive, Frederick, MD 21704. 11556........................ Bayer Healthcare, LLC., P.O. Box 390, Shawnee Mission, KS 66201. 7696......................... BASF Corporation, P.O. Box 13528, Research Triangle Park, NC. 27709. 42750........................ Albaugh LLC., P.O. Box 2127, Valdosta, GA 31604-2127. 84396........................ Sungro Products, LLC., 810 E. 18th Street, Los Angeles, CA 90021. 89459........................ Central Garden & Pet Company, 1501 E. Woodfield Road, Suite 200, West Schaumburg, IL 60173. ------------------------------------------------------------------------ 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 cancelled 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 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 captan, dimethomorph, metiram, profenofos, propoxur and sodium acifluorfen registrants have requested that EPA waive the 180-day comment period. Accordingly, EPA will provide a 30-day comment period on the proposed requests. V. Procedures for Withdrawal of Requests Registrants who choose to withdraw a request for product cancellation or use termination should submit the withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT. 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 that are currently in the United States and that were packaged, labeled, and released for shipment prior to the effective date of [[Page 83836]] the action. If the requests for voluntary cancellation and amendments to terminate uses are granted, the Agency intends to publish the cancellation order in the Federal Register. In any order issued in response to these requests for cancellation of product registrations and for amendments to terminate uses, EPA proposes to include the following provisions for the treatment of any existing stocks of the products listed in Tables 1 and 2 of Unit III. A. For Propoxur Products 279-3395, 3862-135, 6218-24, 11556-33, 89459- 39, 89459-28 Identified in Table 1 of Unit III FMC Corporation requested that the voluntary cancellation of propoxur begin on December 31, 2017. EPA anticipates allowing the registrants to sell and distribute existing stocks of these products until December 31, 2017, which will be the effective product cancellation date. Thereafter, registrants will be prohibited from selling or distributing the propoxur products identified in Table 1 of Unit III., except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Persons other than the registrant may sell, distribute, or use existing stocks of the affected cancelled products 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 cancelled products. B. For All Other Products Identified in Table 1 of Unit III For the other voluntary product cancellations noted, registrants will be permitted to sell and distribute existing stocks of voluntarily cancelled products for 1 year after the effective date of the cancellation, which will be the date of publication of the cancellation order in the Federal Register. Thereafter, registrants will be prohibited from selling or distributing the products identified in Table 1 of Unit III., except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Once EPA has approved product labels reflecting the requested amendments to terminate uses, the registrant 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, the registrant will be prohibited from selling or distributing the products whose labels include the deleted uses identified in Table 2 of Unit III., 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 the affected cancelled products 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 cancelled products. Authority: 7 U.S.C. 136 et seq. Dated: November 14, 2016. Yu-Ting Guilaran, Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs. [FR Doc. 2016-28096 Filed 11-21-16; 8:45 am] BILLING CODE 6560-50-P
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Any person desiring to intervene or registered for use in the United States. B. What should I consider as I prepare
protest in any of the above proceedings EPA intends to grant these requests at my comments for EPA?
must file in accordance with Rules 211 the close of the comment period for this 1. Submitting CBI. Do not submit this
and 214 of the Commission’s announcement unless the Agency information to EPA through
Regulations (18 CFR 385.211 and receives substantive comments within regulations.gov or email. Clearly mark
385.214) on or before 5:00 p.m. Eastern the comment period that would merit its the part or all of the information that
time on the specified comment date. further review of the requests, or unless you claim to be CBI. For CBI
Protests may be considered, but the registrants withdraw their requests.
information in a disk or CD–ROM that
intervention is necessary to become a If these requests are granted, any sale,
you mail to EPA, mark the outside of the
party to the proceeding. distribution, or use of products listed in
disk or CD–ROM as CBI and then
eFiling is encouraged. More detailed this notice will be permitted after the
identify electronically within the disk or
information relating to filing affected registrations have been
CD–ROM the specific information that
requirements, interventions, protests, cancelled/use terminated only if such
is claimed as CBI. In addition to one
service, and qualifying facilities filings sale, distribution, or use is consistent
complete version of the comment that
can be found at: http://www.ferc.gov/ with the terms as described in the final
includes information claimed as CBI, a
docs-filing/efiling/filing-req.pdf. For order.
copy of the comment that does not
other information, call (866) 208–3676 DATES: Comments must be received on
contain the information claimed as CBI
(toll free). For TTY, call (202) 502–8659. or before December 22, 2016. must be submitted for inclusion in the
Dated: November 15, 2016. ADDRESSES: Submit your comments, public docket. Information so marked
Nathaniel J. Davis, Sr., identified by docket identification (ID) will not be disclosed except in
Deputy Secretary. number EPA–HQ–OPP–2016–0618, by accordance with procedures set forth in
[FR Doc. 2016–28078 Filed 11–21–16; 8:45 am]
one of the following methods: 40 CFR part 2.
• Federal eRulemaking Portal: http:// 2. Tips for preparing your comments.
BILLING CODE 6717–01–P
www.regulations.gov. Follow the online When preparing and submitting your
instructions for submitting comments. comments, see the commenting tips at
Do not submit electronically any http://www.epa.gov/dockets/
ENVIRONMENTAL PROTECTION information you consider to be
AGENCY comments.html.
Confidential Business Information (CBI)
[EPA–HQ–OPP–2016–0618; FRL–9954–80] or other information whose disclosure is II. Background on the Receipt of
restricted by statute. Requests To Cancel and/or Amend
Notice of Receipt of Requests To • Mail: OPP Docket, Environmental Registrations To Terminate Certain
Voluntarily Cancel Certain Pesticide Protection Agency Docket Center (EPA/ Uses
Registrations and Amend DC), (28221T), 1200 Pennsylvania Ave. This notice announces receipt by EPA
Registrations To Terminate Certain NW., Washington, DC 20460–0001. of requests from ABC Compounding
Uses • Hand Delivery: To make special
Company, Inc.; Albaugh, LLC; Bonide
arrangements for hand delivery or
AGENCY: Environmental Protection Products, Inc.; BASF Corporation;
delivery of boxed information, please
Agency (EPA). follow the instructions at http:// Wellmark International; FMC
ACTION: Notice. www.epa.gov/dockets/contacts.html. Corporation; Summit Chemical
Additional instructions on commenting Company; Sungro Products, LLC.;
SUMMARY: In accordance with the or visiting the docket, along with more Syngenta Crop Protection; and
Federal Insecticide, Fungicide, and information about dockets generally, is Whitmore Micro-Gen to cancel certain
Rodenticide Act (FIFRA), EPA is issuing available at http://www.epa.gov/ product registrations or amend
a notice of receipt of requests by the dockets. registrations to terminate certain uses of
registrants to voluntarily cancel their certain product registrations.
registrations of certain products FOR FURTHER INFORMATION CONTACT: Captan is a broad spectrum fungicide
containing the active ingredients Brittany Pruitt, Pesticide Re-Evaluation registered for use on fruit and nut trees,
dimethomorph, metiram, profenofos, Division (7508P), Office of Pesticide grapes, berries, vegetables, corn,
propoxur, and sodium acifluorfen and Programs, Environmental Protection soybeans, cereal grains, and forage
to amend certain captan and propoxur Agency, 1200 Pennsylvania Ave. NW., crops. In addition, captan is registered
product registrations to terminate one or Washington, DC 20460–0001; telephone for use as a seed and seed piece
more uses. For captan, if granted, the number: (703) 347–0289; email address: treatment, as a preplant root dip, and as
requests would terminate the last U.S. pruitt.brittany@epa.gov. a post-harvest fruit dip. Captan is also
registered use on dichondra, grasses SUPPLEMENTARY INFORMATION: registered for use on ornamentals and
(lawn seed beds), turf (golf courses and I. General Information turf. In a letter dated October 5, 2016,
sod farms), and turf grasses (golf courses Albaugh requested that EPA amend the
and ornamentals in non-pastured areas). A. Does this action apply to me? technical and product registrations
For propoxur, if granted, the requests This action is directed to the public listed in Table 2 of Unit III of this
would terminate the last indoor use of in general, and may be of interest to a document to terminate certain uses,
aerosol, spray, and liquid formulations, wide range of stakeholders including including turf. If granted, the requests
and terminate the last uses in food environmental, human health, and will result in termination of the last U.S.
handling establishments and for indoor registered use of captan on dichondra,
sradovich on DSK3GMQ082PROD with NOTICES
agricultural advocates; the chemical
crack and crevice. The requests, if industry; pesticide users; and members grasses (lawn seed beds), turf (golf
granted, would not cancel the last of the public interested in the sale, courses and sod farms), and turf grasses
captan, dimethomorph, propoxur, and distribution, or use of pesticides. Since (golf courses and ornamentals in non-
sodium acifluorfen products registered others also may be interested, the pastured areas).
for use in the United States. The Agency has not attempted to describe all Dimethomorph is a systemic
requests, if granted, would cancel the the specific entities that may be affected fungicide registered for use to control
last profenofos and metiram products by this action. downy mildew, late blight, and crown
VerDate Sep<11>2014 16:52 Nov 21, 2016 Jkt 241001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1](https://thefederalregister.org/doc/81_FR_84058/page/1.svg)
![83836 Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Notices
the action. If the requests for voluntary include the deleted uses identified in EXIM Bank will apply the Interim Rule
cancellation and amendments to Table 2 of Unit III., except for export as an alternative size standard in
terminate uses are granted, the Agency consistent with FIFRA section 17 or for addition to using size standards
intends to publish the cancellation proper disposal. established by SBA for individual
order in the Federal Register. Persons other than the registrant may industries to determine whether or not
In any order issued in response to sell, distribute, or use existing stocks of participants of EXIM programs can be
these requests for cancellation of the affected cancelled products until categorized as small business concerns.
product registrations and for supplies are exhausted, provided that DATES: Comments must be received on
amendments to terminate uses, EPA such sale, distribution, or use is or before December 6, 2016 to be
proposes to include the following consistent with the terms of the assured of consideration.
provisions for the treatment of any previously approved labeling on, or that ADDRESSES: Comments may be
existing stocks of the products listed in accompanied, the cancelled products. submitted through the Federal
Tables 1 and 2 of Unit III. Authority: 7 U.S.C. 136 et seq. rulemaking portal at
A. For Propoxur Products 279–3395, Dated: November 14, 2016. WWW.REGULATIONS.GOV. To submit
3862–135, 6218–24, 11556–33, 89459– Yu-Ting Guilaran, a comment, enter EIB–2016–0004 under
39, 89459–28 Identified in Table 1 of the heading ‘‘enter keyword or ID’’ and
Director, Pesticide Re-Evaluation Division,
Unit III Office of Pesticide Programs. select ‘‘Search.’’ Follow the instructions
provided at the Submit a Comment
FMC Corporation requested that the [FR Doc. 2016–28096 Filed 11–21–16; 8:45 am]
screen. Please include your name,
voluntary cancellation of propoxur BILLING CODE 6560–50–P
company name (if any) and EIB–2016–
begin on December 31, 2017. EPA
0004 on any attached document.
anticipates allowing the registrants to
Comments received will be made
sell and distribute existing stocks of EXPORT-IMPORT BANK available to the public at
these products until December 31, 2017,
[Public Notice EIB–2016–0004] WWW.REGULATIONS.GOV.
which will be the effective product
cancellation date. Thereafter, registrants PURPOSE AND USE: EXIM Bank proposes
Proposal To Adopt the 2010 Small to align its size standards for
will be prohibited from selling or Business Jobs Act Interim Rule as an
distributing the propoxur products determining a small business with
Alternative Size Standard for Defining SBA’s current standards for the SBA
identified in Table 1 of Unit III., except a Small Business for Export-Import
for export consistent with FIFRA section Loan Programs by adopting the Interim
Bank Programs Rule, set forth in the Jobs Act. The
17 (7 U.S.C. 136o) or for proper
disposal. AGENCY: Export-Import Bank of the Interim Rule would be used as an
Persons other than the registrant may United States. alternative size standard, in addition to
sell, distribute, or use existing stocks of ACTION: Notice and request for and not a replacement of, SBA’s
the affected cancelled products until comments. industry based size standards currently
supplies are exhausted, provided that used for defining a ‘‘small business
such sale, distribution, or use is SUMMARY: The Export-Import Bank of concern’’ for EXIM Bank’s programs and
consistent with the terms of the the United States (‘‘EXIM Bank’’) reporting obligations. The Interim Rule
previously approved labeling on, or that proposes to adopt the Interim Rule (as provides that an applicant for a SBA
accompanied, the cancelled products. defined below) set forth in Section 1116 Loan Program may be eligible for such
of the Small Business Jobs Act of 2010 a loan if (i) the tangible net worth of the
B. For All Other Products Identified in (Pub. L. 111–240) (the ‘‘Jobs Act’’) as an applicant is not more than $15,000,000;
Table 1 of Unit III alternative standard for defining a small and (ii) the average net income after
For the other voluntary product business for all of its programs. The Jobs Federal income taxes (excluding any
cancellations noted, registrants will be Act mandated that the U.S. Small carry-over losses) of the applicant for
permitted to sell and distribute existing Business Administration (‘‘SBA’’) use the two full fiscal years before the date
stocks of voluntarily cancelled products maximum tangible net worth and of the application is not more than
for 1 year after the effective date of the average net income as an alternative to $5,000,000. If the request to adopt the
cancellation, which will be the date of the use of industry based size standards Interim Rule as an alternative size
publication of the cancellation order in as follows: Not more than $15 million standard is approved by the SBA’s
the Federal Register. Thereafter, in tangible net worth and $5 million in Administrator for EXIM Bank programs,
registrants will be prohibited from average net income after Federal income any applicant for any EXIM Bank
selling or distributing the products taxes to define a small business concern product would be screened to determine
identified in Table 1 of Unit III., except (‘‘Interim Rule’’). The SBA currently whether or not it is a small business
for export consistent with FIFRA section uses the Interim Rule for its business concern as follows: (i) First by using the
17 (7 U.S.C. 136o) or for proper loans under Section 7(a) of the Small industry-based size standards and (ii)
disposal. Business Act (‘‘7(a) Loan Program’’) and then by applying the Interim Rule, if
Once EPA has approved product development company loans under Title such applicant does not qualify as a
labels reflecting the requested V of the Small Business Investment Act small business concern under the
amendments to terminate uses, the of 1958 (‘‘504 Loan Program’’, and industry based- size standards. It is
registrant will be permitted to sell or together with the 7(a) Loan Program, the EXIM Bank’s belief and understanding
distribute products under the previously ‘‘SBA Loan Programs’’) to determine that the approval for EXIM Bank to
sradovich on DSK3GMQ082PROD with NOTICES
approved labeling for a period of 18 size eligibility for an applicant if such adopt the Interim Rule would align its
months after the date of Federal applicant does not meet the size small business size definitions with
Register publication of the cancellation standards that it has developed for SBA’s current practices and bring
order, unless other restrictions have individual industries as defined under consistency to the marketplace, would
been imposed. Thereafter, the registrant the North American Industry possibly increase the number of
will be prohibited from selling or Classification System (‘‘NAICS’’). If applicants qualifying as a small
distributing the products whose labels approved by the SBA’s Administrator, business concern for EXIM Bank’s
VerDate Sep<11>2014 16:52 Nov 21, 2016 Jkt 241001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1](https://thefederalregister.org/doc/81_FR_84058/page/4.svg)
Document Created: 2018-02-14 08:29:07
Document Modified: 2018-02-14 08:29:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Comments must be received on or before December 22, 2016. | |
| Contact | Brittany Pruitt, Pesticide Re- Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 347-0289; email | |
| FR Citation | 81 FR 83833 |
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