82 FR 17253 - Cancellation Order for Certain Pesticide Registrations and/or Amendments To Terminate Uses
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 67 (April 10, 2017)
Federal Register Volume 82, Issue 67 (April 10, 2017)
| Page Range | 17253-17255 | |
| FR Document | 2017-07133 |
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)] [Notices] [Pages 17253-17255] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07133] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2016-0618; FRL-9959-38] Cancellation Order for Certain Pesticide Registrations and/or Amendments To Terminate Uses AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice announces EPA's order for the cancellations and/or amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of products listed in Table 1 and 2 of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a November 22, 2016 Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II. to voluntarily cancel and/or amend to terminate uses of these product registrations. In the November 22, 2016 notice, EPA indicated that it would issue an order implementing the cancellations and/or 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 registrants withdrew their requests. The Agency did not receive any comments on the notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations and/or amendments 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 propoxur product cancellations are effective December 31, 2017. The remaining cancellations and/or amendments are effective April 10, 2017. 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 [[Page 17254]] 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. How can I get copies of this document and other related information? The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2016-0618, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. II. What action is the agency taking? This notice announces the cancellations and/or amendments to terminate uses, as requested by registrants, of products registered under FIFRA section 3 (7 U.S.C. 136a). These registrations are listed in sequence by registration number in Tables 1 and 2 of this unit. Table 1--Dimethomorph, Metiram, Profenofos, Propoxur and Sodium Acifluorfen Product Cancellations ------------------------------------------------------------------------ EPA registration No. Product name ------------------------------------------------------------------------ 4-433................................. Bonide Kleen Up Grass and Weed Killer, Ready to Use. 100-598............................... Profenofos Technical. 100-699............................... Curacron 8E. 279-3395.............................. CB Invader with Propoxur. 241-383............................... Acrobat MZ Fungicide. 241-395............................... Acrobat MZ WDG Fungicide. 241-410............................... Acrobat 50 WP Fungicide. 241-411............................... Stature MZ Fungicide. 241-419............................... Stature DM Fungicide. 3862-135.............................. Drop Dead. 6218-24............................... Permacide Plus. 7969-105.............................. Polyram 80 DF. 7969-321.............................. Cabrio Plus Fungicide. 11556-33.............................. Sendran Technical. 89459-39.............................. Prentox Prenbay 1.5 BC. 89459-28.............................. Prentox Prenbay 1% Oil. FL980001.............................. Polyram 80 DF. ------------------------------------------------------------------------ Table 2--Captan and Propoxur Product Registration Amendments To Terminate Uses ---------------------------------------------------------------------------------------------------------------- EPA registration No. Product name Uses terminated ---------------------------------------------------------------------------------------------------------------- 42750-230........................... Captan Technical........................... Turf (golf courses and sod farms), seed beds and greenhouse bench treatment. 42750-231........................... Captan 80 DF............................... Dichondra, turf grasses (golf courses, ornamental in non- pastured areas only), grasses (lawn seedbeds), turf (sod farms). 42750-235........................... Captan 50% WP.............................. Dichondra, turf grasses (ornamentals in non-pastured areas only), grasses (lawn seedbeds). 42750-236........................... Captan 39.75% FL........................... Dichondra, turf grasses (ornamental in non-pastured areas only), grasses (lawn seed beds). 84396-12............................ Sungro Residual Spray...................... 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 all registrants of the products in Tables 1 and 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 above. Table 3--Registrants of Cancelled and/or Amended Products ------------------------------------------------------------------------ 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. 7969.................................. BASF Corporation, P.O. Box 13528, Research Triangle Park, NC 27709. 11556................................. Bayer Healthcare, LLC, P.O. Box 390, Shawnee Mission, KS 66201. 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. ------------------------------------------------------------------------ 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 November 22, 2016 Federal Register notice announcing the [[Page 17255]] Agency's receipt of the requests for voluntary cancellations and/or amendments to terminate uses of products listed in Tables 1 and 2 of Unit II. IV. Cancellation Order Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)(1)), EPA hereby approves the requested cancellations and/or amendments to terminate uses of the registrations identified in Tables 1 and 2 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Tables 1 and 2 of Unit II. are canceled and/or amended to terminate the affected uses. The effective date of the propoxur product cancellations that are subject to this notice is December 31, 2017. The effective date of the remaining cancellations that are subject to this notice is April 10, 2017. Any distribution, sale, or use of existing stocks of the products identified in Tables 1 and 2 of Unit II. in a manner inconsistent with any of the provisions for disposition of existing stocks set forth in Unit VI. will be a violation of FIFRA. V. 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. Thereafter, following the public comment period, the EPA Administrator may approve such a request. The notice of receipt for this action was published for comment in the Federal Register of November 22, 2016 (81 FR 83833) (FRL-9954-80). The comment period closed on December 22, 2016. 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 provisions for the products subject to this order are as follows: A. For Propoxur Products 279-3395, 3862-135, 6218-24, 11556-33, 89459- 28, 89459-39 Identified in Table 1 of Unit II. At the request of the registrant FMC Corporation, the effective product cancelation date for the propoxur products listed in Table 1 of Unit II. is December 31, 2017. The registrants may continue to sell and distribute existing stocks of the propoxur products listed in Table 1 of Unit II. until December 31, 2017. Thereafter, registrants will be prohibited from selling or distributing the propoxur products identified in Table 1 of Unit II., 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 and 2 of Unit II. For all other voluntary product cancellations noted, the registrants may continue to sell and distribute existing stocks of products listed in Table 1 of Unit II. until April 10, 2018, which is 1 year after publication of this cancellation order in the Federal Register. Thereafter, registrants are prohibited from selling or distributing the products identified in Table 1 of Unit II., except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. In the case of products for which there are requested amendments to terminate uses, 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 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 the affected cancelled products/products under the previously approved labeling 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/products under the previously approved labeling. Authority: 7 U.S.C. 136 et seq. Dated: March 9, 2017. Yu-Ting Guilaran, Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs. [FR Doc. 2017-07133 Filed 4-7-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices 17253
public hearing is received and accepted revise its Part 142—National Primary ENVIRONMENTAL PROTECTION
by the Agency. Drinking Water Regulations AGENCY
FOR FURTHER INFORMATION CONTACT: Implementation program to allow
[EPA–HQ–OPP–2016–0618; FRL–9959–38]
Karen Seeh, U.S. Environmental electronic reporting under 40 CFR part
Protection Agency, Office of 141 is being published in the Federal Cancellation Order for Certain
Environmental Information, Mail Stop Register. Pesticide Registrations and/or
2823T, 1200 Pennsylvania Avenue NW., SCDHEC was notified of EPA’s Amendments To Terminate Uses
Washington, DC 20460, (202) 566–1175, determination to approve its application
seeh.karen@epa.gov. AGENCY: Environmental Protection
with respect to the authorized program
SUPPLEMENTARY INFORMATION: On Agency (EPA).
listed above.
October 13, 2005, the final Cross-Media ACTION: Notice.
Electronic Reporting Rule (CROMERR) Also, in today’s notice, EPA is
was published in the Federal Register informing interested persons that they SUMMARY: This notice announces EPA’s
(70 FR 59848) and codified as part 3 of may request a public hearing on EPA’s order for the cancellations and/or
title 40 of the CFR. CROMERR action to approve the State of South amendments to terminate uses,
establishes electronic reporting as an Carolina’s request to revise its voluntarily requested by the registrants
acceptable regulatory alternative to authorized public water system program and accepted by the Agency, of products
paper reporting and establishes under 40 CFR part 142, in accordance listed in Table 1 and 2 of Unit II.,
requirements to assure that electronic with 40 CFR 3.1000(f). Requests for a pursuant to the Federal Insecticide,
documents are as legally dependable as hearing must be submitted to EPA Fungicide, and Rodenticide Act
their paper counterparts. Subpart D of within 30 days of publication of today’s (FIFRA). This cancellation order follows
CROMERR requires that state, tribal or Federal Register notice. Such requests a November 22, 2016 Federal Register
local government agencies that receive, should include the following Notice of Receipt of Requests from the
or wish to begin receiving, electronic information: registrants listed in Table 3 of Unit II.
reports under their EPA-authorized to voluntarily cancel and/or amend to
(1) The name, address and telephone
programs must apply to EPA for a terminate uses of these product
number of the individual, organization
revision or modification of those registrations. In the November 22, 2016
or other entity requesting a hearing; notice, EPA indicated that it would
programs and obtain EPA approval.
Subpart D provides standards for such (2) A brief statement of the requesting issue an order implementing the
approvals based on consideration of the person’s interest in EPA’s cancellations and/or amendments to
electronic document receiving systems determination, a brief explanation as to terminate uses, unless the Agency
that the state, tribe, or local government why EPA should hold a hearing, and received substantive comments within
will use to implement the electronic any other information that the the 30-day comment period that would
reporting. Additionally, § 3.1000(b) requesting person wants EPA to merit its further review of these
through (e) of 40 CFR part 3, subpart D consider when determining whether to requests, or unless the registrants
provides special procedures for program grant the request; withdrew their requests. The Agency
revisions and modifications to allow (3) The signature of the individual did not receive any comments on the
electronic reporting, to be used at the making the request, or, if the request is notice. Further, the registrants did not
option of the state, tribe or local made on behalf of an organization or withdraw their requests. Accordingly,
government in place of procedures other entity, the signature of a EPA hereby issues in this notice a
available under existing program- responsible official of the organization cancellation order granting the
specific authorization regulations. An or other entity. requested cancellations and/or
application submitted under the subpart amendments to terminate uses. Any
In the event a hearing is requested distribution, sale, or use of the products
D procedures must show that the state,
and granted, EPA will provide notice of subject to this cancellation order is
tribe or local government has sufficient
the hearing in the Federal Register not permitted only in accordance with the
legal authority to implement the
electronic reporting components of the less than 15 days prior to the scheduled terms of this order, including any
programs covered by the application hearing date. Frivolous or insubstantial existing stocks provisions.
and will use electronic document requests for hearing may be denied by DATES: The propoxur product
receiving systems that meet the EPA. Following such a public hearing, cancellations are effective December 31,
applicable subpart D requirements. EPA will review the record of the 2017. The remaining cancellations and/
On March 6, 2017, the South Carolina hearing and issue an order either or amendments are effective April 10,
Department of Health and affirming today’s determination or 2017.
Environmental Control (SCDHEC) rescinding such determination. If no
FOR FURTHER INFORMATION CONTACT:
submitted an application titled timely request for a hearing is received
and granted, EPA’s approval of the State Brittany Pruitt, Pesticide Re-Evaluation
Compliance Monitoring Data Portal Division (7508P), Office of Pesticide
(CMDP) for revision to its EPA-approved of South Carolina’s request to revise its
part 142—National Primary Drinking Programs, Environmental Protection
drinking water program under title 40 Agency, 1200 Pennsylvania Ave. NW.,
CFR to allow new electronic reporting. Water Regulations Implementation
Washington, DC 20460–0001; telephone
EPA reviewed SCDHEC’s request to program to allow electronic reporting
asabaliauskas on DSK3SPTVN1PROD with NOTICES
number: (703) 347–0289; email address:
revise its EPA-authorized program and, will become effective 30 days after
pruitt.brittany@epa.gov.
based on this review, EPA determined today’s notice is published, pursuant to
CROMERR section 3.1000(f)(4). SUPPLEMENTARY INFORMATION:
that the application met the standards
for approval of authorized program I. General Information
Matthew Leopard,
revision set out in 40 CFR part 3,
subpart D. In accordance with 40 CFR Director, Office of Information Management. A. Does this action apply to me?
3.1000(d), this notice of EPA’s decision [FR Doc. 2017–07140 Filed 4–7–17; 8:45 am] This action is directed to the public
to approve South Carolina’s request to BILLING CODE 6560–50–P in general, and may be of interest to a
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![Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices 17255
Agency’s receipt of the requests for cancelation date for the propoxur Dated: March 9, 2017.
voluntary cancellations and/or products listed in Table 1 of Unit II. is Yu-Ting Guilaran,
amendments to terminate uses of December 31, 2017. The registrants may Director, Pesticide Re-Evaluation Division,
products listed in Tables 1 and 2 of Unit continue to sell and distribute existing Office of Pesticide Programs.
II. stocks of the propoxur products listed in [FR Doc. 2017–07133 Filed 4–7–17; 8:45 am]
IV. Cancellation Order Table 1 of Unit II. until December 31, BILLING CODE 6560–50–P
2017. Thereafter, registrants will be
Pursuant to FIFRA section 6(f) (7 prohibited from selling or distributing
U.S.C. 136d(f)(1)), EPA hereby approves the propoxur products identified in ENVIRONMENTAL PROTECTION
the requested cancellations and/or Table 1 of Unit II., except for export AGENCY
amendments to terminate uses of the consistent with FIFRA section 17 (7
registrations identified in Tables 1 and [FRL_9957–03–OEI]
U.S.C. 136o) or for proper disposal.
2 of Unit II. Accordingly, the Agency
Persons other than the registrant may Cross-Media Electronic Reporting:
hereby orders that the product
sell, distribute, or use existing stocks of Authorized Program Revision
registrations identified in Tables 1 and
the affected cancelled products until Approval, Commonwealth of Virginia
2 of Unit II. are canceled and/or
amended to terminate the affected uses. supplies are exhausted, provided that AGENCY: Environmental Protection
The effective date of the propoxur such sale, distribution, or use is Agency (EPA).
product cancellations that are subject to consistent with the terms of the
ACTION: Notice.
this notice is December 31, 2017. The previously approved labeling on, or that
effective date of the remaining accompanied, the cancelled products. SUMMARY: This notice announces EPA’s
cancellations that are subject to this B. For All Other Products Identified in approval of the Commonwealth of
notice is April 10, 2017. Any Table 1 and 2 of Unit II. Virginia’s request to revise its National
distribution, sale, or use of existing Primary Drinking Water Regulations
stocks of the products identified in For all other voluntary product Implementation EPA-authorized
Tables 1 and 2 of Unit II. in a manner cancellations noted, the registrants may program to allow electronic reporting.
inconsistent with any of the provisions continue to sell and distribute existing DATES: EPA’s approval is effective May
for disposition of existing stocks set stocks of products listed in Table 1 of 10, 2017 for the Commonwealth of
forth in Unit VI. will be a violation of Unit II. until April 10, 2018, which is 1 Virginia’s National Primary Drinking
FIFRA. year after publication of this Water Regulations Implementation
V. What is the agency’s authority for cancellation order in the Federal program, if no timely request for a
taking this action? Register. Thereafter, registrants are public hearing is received and accepted
prohibited from selling or distributing by the Agency.
Section 6(f)(1) of FIFRA (7 U.S.C. the products identified in Table 1 of FOR FURTHER INFORMATION CONTACT:
136d(f)(1)) provides that a registrant of Unit II., except for export consistent Karen Seeh, U.S. Environmental
a pesticide product may at any time with FIFRA section 17 (7 U.S.C. 136o) Protection Agency, Office of
request that any of its pesticide or for proper disposal. Environmental Information, Mail Stop
registrations be canceled or amended to 2823T, 1200 Pennsylvania Avenue NW.,
terminate one or more uses. FIFRA In the case of products for which
there are requested amendments to Washington, DC 20460, (202) 566–1175,
further provides that, before acting on seeh.karen@epa.gov.
the request, EPA must publish a notice terminate uses, once EPA has approved
product labels reflecting the requested SUPPLEMENTARY INFORMATION: On
of receipt of any such request in the
Federal Register. Thereafter, following amendments to terminate uses, the October 13, 2005, the final Cross-Media
the public comment period, the EPA registrant will be permitted to sell or Electronic Reporting Rule (CROMERR)
Administrator may approve such a distribute products under the previously was published in the Federal Register
request. The notice of receipt for this approved labeling for a period of 18 (70 FR 59848) and codified as part 3 of
action was published for comment in months after the date of Federal title 40 of the CFR. CROMERR
the Federal Register of November 22, Register publication of the cancellation establishes electronic reporting as an
2016 (81 FR 83833) (FRL–9954–80). The order, unless other restrictions have acceptable regulatory alternative to
comment period closed on December been imposed. Thereafter, the registrant paper reporting and establishes
22, 2016. will be prohibited from selling or requirements to assure that electronic
distributing the products whose labels documents are as legally dependable as
VI. Provisions for Disposition of include the deleted uses identified in their paper counterparts. Subpart D of
Existing Stocks Table 2 of Unit II., except for export CROMERR requires that state, tribal or
Existing stocks are those stocks of consistent with FIFRA section 17 or for local government agencies that receive,
registered pesticide products which are proper disposal. or wish to begin receiving, electronic
currently in the United States and reports under their EPA-authorized
Persons other than the registrant may
which were packaged, labeled, and programs must apply to EPA for a
sell, distribute, or use existing stocks of
released for shipment prior to the revision or modification of those
the affected cancelled products/
effective date of the action. The existing programs and obtain EPA approval.
products under the previously approved Subpart D provides standards for such
asabaliauskas on DSK3SPTVN1PROD with NOTICES
stocks provisions for the products labeling until supplies are exhausted,
subject to this order are as follows: approvals based on consideration of the
provided that such sale, distribution, or electronic document receiving systems
A. For Propoxur Products 279–3395, use is consistent with the terms of the that the state, tribe, or local government
3862–135, 6218–24, 11556–33, 89459– previously approved labeling on, or that will use to implement the electronic
28, 89459–39 Identified in Table 1 of accompanied, the cancelled products/ reporting. Additionally, § 3.1000(b)
Unit II. products under the previously approved through (e) of 40 CFR part 3, subpart D
At the request of the registrant FMC labeling. provides special procedures for program
Corporation, the effective product Authority: 7 U.S.C. 136 et seq. revisions and modifications to allow
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Document Created: 2017-04-08 03:30:52
Document Modified: 2017-04-08 03:30:52
| 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 | The propoxur product cancellations are effective December 31, 2017. The remaining cancellations and/or amendments are effective April 10, 2017. | |
| 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 | 82 FR 17253 |
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