[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Notices]
[Pages 82387-82389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32923]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-1065; FRL-8854-8]


Product Cancellation Order for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces EPA's order for the cancellations, 
voluntarily requested by the registrants and accepted by the Agency, of 
the products listed in Tables 1A and 1B of Unit II., pursuant to 
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA), as amended. This cancellation order follows two Notices of 
Receipt of Requests from the respective registrants listed in Table 2 
of Unit II. The notice dated August 25, 2010, pertains to the 
fenoxycarb product registrations and the notice dated August 18, 2010, 
pertains to the propetamphos product registrations. In those notices, 
EPA indicated that it would issue an order implementing the 
cancellations, unless the Agency received substantive comments within 
the 30-day comment periods 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 for fenoxycarb or 
propetamphos and neither request was withdrawn. Accordingly, EPA hereby 
issues in this notice a cancellation order granting the requested 
cancellations. 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 cancellations are effective as provided in Unit IV.

FOR FURTHER INFORMATION CONTACT: Matthew Lloyd, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-0130; fax number: (703) 308-8090; e-
mail address: Lloyd.Matthew@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 the fenoxycarb action under docket 
identification (ID) number EPA-HQ-OPP-2010-0623. EPA has established a 
docket for the propetamphos action under docket identification (ID) 
number EPA-HQ-OPP-2007-1195. Publicly available docket materials are 
available either in the electronic docket at http://www.regulations.gov, or, if only

[[Page 82388]]

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 cancellation, as requested by 
registrants, of products registered under FIFRA section 3. These 
registrations are listed in sequence by registration number in Tables 
1A and 1B of this unit.

               Table 1A--Fenoxycarb Product Cancellations
------------------------------------------------------------------------
        EPA registration No.                     Product name
------------------------------------------------------------------------
100-722............................  Award Fire Ant Bait.
100-723............................  Fenoxycarb Technical.
499-437............................  Whitmire PT 2120 TF Preclude.
------------------------------------------------------------------------


              Table 1B--Propetamphos Product Cancellations
------------------------------------------------------------------------
        EPA registration No.                     Product name
------------------------------------------------------------------------
002724-00313.......................  Propetamphos Technical.
002724-00450.......................  Zoecon 9001 EW.
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for 
all registrants of the products in Tables 1A and 1B 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 Tables 
1A and 1B of this unit.

                Table 2--Registrants of Canceled Products
------------------------------------------------------------------------
          EPA company No.                  Company name and address
------------------------------------------------------------------------
100................................  Syngenta Crop Protection, Inc.,
                                      P.O. Box 18300, Greensboro, NC
                                      27419-8300.
499................................  Whitmire Micro-Gen Research
                                      Laboratories, Inc., 3568 Tree
                                      Court Industrial Blvd., St. Louis,
                                      MO 63122-6682.
002724.............................  Wellmark International, Attn: James
                                      McFadden, 1501 E. Woodfield Rd.,
                                      Suite 200 West, Schaumberg, 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 August 18, 2010 or August 25, 2010 Federal Register 
notices announcing the Agency's receipt of the requests for voluntary 
cancellations of products listed in Tables 1A and 1B, respectively, of 
Unit II.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellations of the registrations identified in Tables 1A and 1B of 
Unit II. Accordingly, for the fenoxycarb registrations (Table 1A), the 
Agency hereby orders that Syngenta Crop Protection, Inc.'s technical 
product (EPA Reg. No. 100-723) and the Whitmire Micro-Gen Research 
Laboratories, Inc.'s end-use product (EPA Reg. No. 499-437) are 
canceled effective immediately. The Agency further orders that Syngenta 
Crop Protection Inc.'s end-use product (EPA Reg. No. 100-722) is 
canceled effective December 31, 2012.
    For the propetamphos registrations (Table 1B), the Agency hereby 
orders that propetamphos technical product (EPA Reg. No. 2724-313) is 
canceled effective immediately. The Agency further orders that the 
propetamphos end-use product (EPA Reg. No. 2724-450) is canceled 
effective March 30, 2012.
    Any distribution, sale, or use of existing stocks of the products 
identified in Table 1A and 1B 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 the fenoxycarb action was 
published for comment in the Federal Register issue of August 25, 2010 
(75 FR 53240) (FRL-8843-1). The comment period for fenoxycarb closed on 
September 24, 2010. The notice of receipt for the propetamphos action 
was published for comment in the Federal Register issue of August 18, 
2010 (75 FR 51053) (FRL-8840-3). The comment period for propetamphos 
closed on September 17, 2010.

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 
cancellation action. The existing stocks provisions for the products 
subject to this order are as follows.

A. Disposition of Existing Stocks for All Fenoxycarb (Table 1A) 
Products

    Syngenta Crop Protection, Inc. is prohibited from using, selling, 
or distributing technical fenoxycarb (EPA Reg. No. 100-723), except for 
(i) Export consistent with FIFRA section 17, (ii) for proper disposal, 
or (iii) to formulate existing stocks of the technical fenoxycarb (EPA 
Reg. No. 100-723) into its end-use product (EPA Reg. No. 100-722) 
effective immediately. After December 31, 2012, Syngenta Crop 
Protection, Inc. is prohibited from selling or distributing its end-use 
product (EPA Reg. No. 100-722), except for export consistent with FIFRA 
section 17 or for proper disposal. Persons other than Syngenta Crop 
Protection, Inc. are allowed to sell, distribute, and use existing 
stocks of the canceled end-use product (EPA Reg. No. 100-722) until 
supplies are exhausted, provided that such sale, distribution, and use 
is consistent with the terms of the previously approved labeling on, or 
that accompanied, the canceled product.
    Whitmire Micro-Gen Research Laboratories, Inc. is permitted to sell 
and distribute existing stocks of its end-use fenoxycarb product (EPA 
Reg. No. 499-437) until December 31, 2013. Thereafter, Whitmire Micro-
Gen Research Laboratories, Inc. is prohibited from selling or 
distributing its end-use product (EPA Reg. No. 499-437), except for 
export consistent with FIFRA section 17 or for proper disposal. Persons 
other than Whitmire Micro-Gen Research Laboratories, Inc. are allowed 
to sell, distribute, and use existing stocks of the canceled end-use 
product (EPA Reg. No. 499-437) until supplies are exhausted, provided 
that such sale, distribution, and use is consistent with the terms of 
the previously approved labeling on, or that accompanied, the canceled 
product.

[[Page 82389]]

B. Disposition of Existing Stocks for All Table 1B Products

    Wellmark International is prohibited from using, selling, or 
distributing propetamphos technical (EPA Reg. No. 2724-313), except for 
(i) Export consistent with FIFRA section 17, (ii) for proper disposal 
or (iii) to formulate existing stocks of propetamphos technical (EPA 
Reg. No. 2724-313) into its propetamphos end-use product (EPA Reg. No. 
2724-450) effective immediately. After March 30, 2012, Wellmark 
International is prohibited from using, as well as continuing to be 
prohibited from selling or distributing, its propetamphos technical 
(EPA Reg. No. 2724-313), except for export consistent with FIFRA 
section 17 or for proper disposal.
    The cancellation of the propetamphos end-use product (EPA Reg. No. 
2724-450) is effective March 30, 2012. Wellmark International is 
permitted to sell or distribute existing stocks of the canceled end-use 
product (EPA Reg. No. 2724-450) until such stocks are exhausted. 
Persons other than Wellmark International are allowed to sell, 
distribute, and use existing stocks of the canceled propetamphos end-
use product (EPA Reg. No 2724-450) until supplies are exhausted, 
provided that such sale, distribution, and use is consistent with the 
terms of the previously approved labeling on, or that accompanied, the 
canceled product. The existing stocks provisions outlined in this 
notice are intended to allow depletion of the amount of technical 
propetamphos (EPA Reg. No. 2724-313) that Wellmark International 
currently has on-hand from purchases made prior to its decision to 
request voluntary cancellation. Use until depletion will preclude 
environmental disposal concerns of quantities of undiluted propetamphos 
that cannot be formulated or used.

List of Subjects

    Environmental protection, Pesticides, Pests.

    Dated: December 14, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2010-32923 Filed 12-29-10; 8:45 am]
BILLING CODE 6560-50-P