[Federal Register Volume 75, Number 134 (Wednesday, July 14, 2010)]
[Notices]
[Pages 40823-40824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17015]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0494; FRL-8827-9]


Rotenone; Cancellation Order for Amendments to Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for amendments to terminate 
uses, voluntarily requested by the registrants and accepted by the 
Agency, of products containing rotenone, pursuant to section 6(f)(1) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as 
amended. This cancellation order follows a June 7, 2006 Federal 
Register Notice of Receipt of Requests from the registrants listed in 
Table 2 of Unit II. to voluntarily amend to terminate uses of these 
product registrations. These are not the last products containing this 
pesticide registered for use in the United States. In the June 7, 2006 
notice, EPA indicated that it would issue an order implementing the 
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 received one comment on the notice but it did not 
merit further review of the requests. Further, the registrants did not 
withdraw their requests. Accordingly, EPA hereby issues in this notice 
a cancellation order granting the requested 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 amendments are effective July 14, 2010.

FOR FURTHER INFORMATION CONTACT: Katie Weyrauch, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0166; fax 
number: (703) 308-8090; e-mail address: weyrauch.katie@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may be interested, the Agency 
has not attempted to describe all the specific entities that may be 
affected by this action. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2005-0494. Publicly available 
docket materials are available either in the electronic docket at 
http://www.regulations.gov, or, if only available in hard copy, at the 
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, 
VA. The hours of operation of this Docket Facility are from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket 
Facility telephone number is (703) 305-5805.

II. What Action is the Agency Taking?

    This notice announces the amendments to delete uses, as requested 
by registrants, of products registered under section 3 of FIFRA. These 
registrations are listed in sequence by registration number in Table 1 
of this unit.

   Table 1. - Rotenone Product Registration Amendments to Delete Uses
------------------------------------------------------------------------
     EPA Registration Number         Product Name        Uses Deleted
------------------------------------------------------------------------
655-3                             Prentox Cube        Livestock,
                                   Powder              agriculture,
                                                       residential and
                                                       home owner,
                                                       domestic pet
                                                       uses, and all
                                                       other uses EXCEPT
                                                       for piscicide
                                                       uses
------------------------------------------------------------------------
655-69                            Prentox Cube        Do.
                                   Resins
------------------------------------------------------------------------
655-422                           Prentox Prenfish    Do.
                                   Toxicant
------------------------------------------------------------------------
655-691                           Prentox Rotenone    Do.
                                   Fish Toxicant
                                   Powder
------------------------------------------------------------------------
655-805                           Noxfish Fish        Do.
                                   Toxicant Liquid-
                                   Emulsifiable
------------------------------------------------------------------------
655-806                           Cube Powder Fish    Do.
                                   Toxicant
------------------------------------------------------------------------
655-807                           Powdered Cube Root  Do.
------------------------------------------------------------------------
655-808                           Brittle Extract of  Do.
                                   Cube Root
------------------------------------------------------------------------
6458-1                            Cube Root Powder    Do.
------------------------------------------------------------------------

[[Page 40824]]

 
6458-5                            Rotenone Resin for  Do.
                                   Manufacturing Use
                                   Only
------------------------------------------------------------------------
6458-6                            Cube Powder         Do.
------------------------------------------------------------------------
82397-1                           Chem Fish Regular   Do.
------------------------------------------------------------------------
82397-2                           Chem Fish           Do.
                                   Synergized
------------------------------------------------------------------------
82397-3                           Powdered Cube Root  Do.
------------------------------------------------------------------------
82397-4                           Chem-Sect Brand     Do.
                                   Rotenone Resins
------------------------------------------------------------------------
82397-5                           Cube Powder Fish    Do.
                                   Toxicant
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for 
all registrants of the products 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.

               Table 2. - Registrants of Amended Products
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            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
655                                         Prentiss, Inc., 3600 Mansell
                                             Road, Suite 350,
                                             Alpharetta, GA 30022
------------------------------------------------------------------------
6458                                        Foreign Domestic Chemicals
                                             Corp., 3 Post Road,
                                             Oakland, NJ 07436
------------------------------------------------------------------------
82397                                       Tifa International, LLC, 50
                                             Division Avenue,
                                             Millington, NJ 07946
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    One comment was received during the 30-day public comment period. 
The commenter expressed her opinion that no living thing should be 
exposed to rotenone products. The commenter did not, however, provide 
any information or reason to not grant the request to terminate certain 
uses. Therefore, the Agency does not believe that the comment submitted 
during the comment period merits further review or a denial of the 
requests for voluntary use deletion.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendments to terminate uses of rotenone registrations identified in 
Table 1 of Unit II. Accordingly, the Agency hereby orders that the 
product registrations identified in Table 1 of Unit II. are amended to 
terminate the affected uses. The effective date of the cancellations 
that are subject of this notice is July 14, 2010. Any distribution, 
sale, or use of existing stocks of the products identified in Table 1 
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 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 on June 7, 2006 (71 FR 32948) (FRL-8071-1). The comment period 
closed on July 7, 2006.

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 provision for the products subject to this 
order is as follows.
     For all products listed in Table 1 of Unit II, there is no 
provision for existing stocks of products with labels that include the 
deleted uses in the hands of technical registrants or any formulation 
of these products as of July 14, 2010. Thereafter, the registrants are 
prohibited from selling or distributing products listed in Table 1 of 
Unit II, except for export in accordance with FIFRA section 17 or for 
proper disposal.
     Persons other than the registrant may not formulate but may sell, 
distribute, or use existing stocks of products whose labels include the 
deleted uses for July 14, 2011, provided that such sale, distribution, 
or use is consistent with the terms of the previously approved labeling 
that included the deleted uses.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: July 1, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2010-17015 Filed 7-13-10; 8:45 am]
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