Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations
In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain p...
In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. 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 registrations have been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order. For those end-use products listed in Table 2 of Unit II, the cancellations will be effective December 31, 2016, as described in Unit II.
DATES:
Comments must be received on or before June 19, 2014.
ADDRESSES:
Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2009-1017, by one of the following methods:
Federal eRulemaking Portal: 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.
Submit written withdrawal request by mail to: Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 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
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
John W. Pates, Jr., Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 308-8195; email address:
pates.john@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.
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 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.
( printed page 28921)
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. What action is the agency taking?
This notice announces receipt by the Agency of requests from registrants to cancel 63 pesticide products registered under FIFRA section 3 or 24(c). These registrations are listed in sequence by registration number (or company number and 24(c) number) in Table 1 and Table 2 of this unit.
Unless the Agency determines that there are substantive comments that warrant further review of the requests or the registrants withdraw their requests, EPA intends to issue an order in the
Federal Register
canceling all of the affected registrations.
Table 1—Registrations With Pending Requests for Cancellation
Registration No.
Product name
Chemical name
000264-00805
Thiacloprid Technical Insecticide
Thiacloprid.
000264-00806
Calypso 4 Flowable Insecticide
Thiacloprid.
000352-00593
Accent Gold Herbicide
Clopyralid, Nicosulfuron, Rimsulfuron and Flumetsulam.
000352-00612
DuPont Accent Gold WDG Herbicide
Clopyralid, Nicosulfuron, Rimsulfuron and Flumetsulam.
Poly(oxy-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl dichloride) and 5-Chloro-2-methyl-3(2H)-isothiazolone and 2-Methyl-3(2H)-isothiazolone.
001448-00397
Busan 1174
Poly(oxy-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl dichloride) and 5-Chloro-2-methyl-3(2H)-isothiazolone and 2-Methyl-3(2H)-isothiazolone.
Octhilinone and Carbamic acid, butyl-, 3-iodo-2-propynyl ester and Diuron.
070627-00071
Raid Institutional Flying Insect Killer
d-Allethrin, Phenothrin and Tetramethrin.
071368-00062
Assert Herbicide
Imazamethabenz.
071368-00063
Assert Herbicide Technical
Imazamethabenz.
075630-00001
Zinc Borate
Zinc borate (3ZnO, 2B03, 3.5H2O; mw 434.66).
( printed page 28922)
083558-00020
Mepiquat Chloride Technical
Mepiquat chloride.
085678-00027
Iprodione Technical
Iprodione.
087290-00014
Willowood Imidacloprid 4SC
Imidacloprid.
087290-00021
Willowood Imidacloprid 2SC
Imidacloprid.
ME030004
Accord Concentrate
Glyphosate-isopropylammonium.
ME980001
Confirm 2F Insecticide
Tebufenozide.
The allethrin series of pyrethroid insecticides include the following: Bioallethrin, esbiol, esbiothrin, and pynamin forte. The technical registrants for the allethrins, Sumitomo Chemical Company Limited and Valent BioSciences Corporation, cancelled all of the allethrins technical products effective September 30, 2015 and cancelled their allethrins end-use product registrations effective December 31, 2016. Furthermore, Valent and Sumitomo requested that use of their technical products to formulate end-use products not be permitted after December 31, 2015. A final Cancellation Order was published in the
Federal Register
issue of April 24, 2013 (78 FR 74195). Because the allethrins technical products have been cancelled, several other registrants for allethrins end-use products have requested cancellation with dates consistent with those specified for the Valent and Sumitomo allethrins end-use products. The cancellation of the end-use products listed in Table 2 are requested to be effective December 31, 2016.
Table 2—Registrations With Pending Requests for Cancellation Effective December 31, 2016
Registration No.
Product name
Chemical name
000004-00461
Bonide Crawling Insect Killer
Deltamethrin and S-Bioallethrin.
000498-00167
SprayPak Ant & Roach Killer Formula 2 With Esfenvalerate
Bioallethrin, MGK 264, Piperonyl butoxide and Esfenvalerate.
000498-00192
Champion Sprayon Flying & Crawling Insect Killer Formula II
S-Bioallethrin and Deltamethrin.
000499-00362
Whitmire PT 515 Wasp-Freeze Wasp and Hornet Killer
Bioallethrin and Phenothrin.
003095-00026
PIC Mosquito Repellent Coils
d-Allethrin.
004822-00283
Raid House and Garden Bug Killer Formula 7
d-Allethrin and Phenothrin.
004822-00284
Raid Formula 5 Flying Insect Killer
d-Allethrin, Piperonyl butoxide and Phenothrin.
004822-00469
Repellent LMO
d-Allethrin.
004822-00501
Snake II
Bioallethrin.
004822-00578
H7A-US
Tetramethrin, Phenothrin and d-Allethrin.
004822-00580
H7A-US HG
Tetramethrin, Phenothrin and d-Allethrin.
006218-00043
Summit Mistocide-B
S-Bioallethrin, MGK 264 and Piperonyl butoxide.
009688-00256
Chemsico Aerosol Insecticide DS
S-Bioallethrin and Deltamethrin.
009688-00306
TAT Roach & Ant With Residual Action 2491
Bioallethrin, MGK 264, Piperonyl butoxide and Esfenvalerate.
010807-00437
Konk Insecticide Foam
Bioallethrin, MGK 264 and Permethrin.
070385-00004
Microban X-590 Institutional Spray
Bioallethrin, MGK 264, o-Phenylphenol (NO INERT USE), Piperonyl butoxide and Benzenemethanaminium, N,N-dimethyl-N-(2-(2-(4-(1,1,3,3-tetramethylbutyl) phenoxy)ethoxy)ethyl)-, chloride.
Table 3 of this unit includes the names and addresses of record for all registrants of the products 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 this unit.
Dow AgroSciences, LLC, 9330 Zionsville Rd., 308/2E, Indianapolis, IN 46268-1054.
III. 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 cancelled. 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 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) 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 registrants in Table 1 and Table 2 of Unit II. have requested that EPA waive the 180-day comment period. Accordingly, EPA will provide a 30-day comment period on the proposed requests.
IV. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for cancellation should submit such 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.
V. 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 cancellation action.
A. All Products in Table 1 (
Except
000264-00806, 008033-00012, 008033-00013, 054382-00003, 067071-00053, 071368-00062, 087290-00014, 087290-00021)
Because the Agency has identified no significant potential risk concerns associated with these pesticide products, upon cancellation of the products identified in Table 1 of Unit II., EPA anticipates allowing registrants to sell and distribute existing stocks of these products for 1 year after publication of the Cancellation Order in the
Federal Register
. Thereafter, registrants will be prohibited from selling or distributing the pesticides identified in Table 1 of Unit II., except for export consistent with FIFRA section 17 or for proper disposal. Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such stocks 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. Product 000264-00806
Because the Agency has identified no significant potential risk concerns associated with this pesticide product, upon cancellation of the product identified in Table 1 of Unit II., EPA anticipates allowing registrants to sell and distribute existing stocks of this product for 1 year and 6 months after publication of the Cancellation Order in the
Federal Register
. Thereafter, registrants will be prohibited from selling or distributing the pesticide identified in Table 1 of Unit II., except for export consistent with FIFRA section 17 or for proper disposal. Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such stocks 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 product.
C. Product 071368-00062
Because the Agency has identified no significant potential risk concerns associated with this pesticide product, EPA anticipates allowing registrants to sell and distribute existing stocks of this product until December 31, 2015. Thereafter, registrants, and persons other than registrants, are prohibited from selling or distributing existing stocks of product containing imazamethabenz identified in Table 1 of Unit II., except for export consistent with FIFRA section 17 or for proper disposal. Existing stocks of product containing imazamethabenz already in the hands of users can be used legally
( printed page 28924)
until such stocks are exhausted, provided that the use is consistent with the terms of the previously approved labeling on, or that accompanied, the cancelled product.
D. Products (008033-00012, 008033-00013, 054382-00003, 067071-00053, 087290-00014 and 087290-00021)
Registrants have indicated to the Agency via letter and/or written response that due to the last manufacturing date, distribution date or the absence of marketing in the United States no further existing stocks provisions are necessary for them to sell and distribute their product(s). Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such stocks 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.
E. End-Use Products Listed in Table 2
Because the Agency has identified no significant potential risk concerns associated with the pesticide products listed in Table 2 of Unit II., EPA anticipates allowing registrants to sell and distribute these products until December 31, 2016. Thereafter, as of January 1, 2017, registrants will be prohibited from selling or distributing the pesticides identified in Table 2 of Unit II., except for export consistent with FIFRA section 17 or for proper disposal. Persons other than registrants will be allowed to sell, distribute, or use existing stocks until such stocks 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.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: May 12, 2014.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs.
Use this for formal legal and research references to the published document.
79 FR 28920
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations,” thefederalregister.org (May 20, 2014), https://thefederalregister.org/documents/2014-11685/notice-of-receipt-of-requests-to-voluntarily-cancel-certain-pesticide-registrations.