[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Pages 41250-41253]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17359]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2011-0507; FRL-8879-7]
Formetanate HCl and Acephate; Notice of Receipt of Requests to
Voluntarily Amend Registrations To Terminate Certain Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of requests by registrants to voluntarily amend their
formetanate HCl and acephate product registrations to delete uses. The
requests would delete formetanate HCl use in or on apple, pear and
peach commodities, and acephate use in or on succulent green beans. The
requests would not terminate the last formetanate HCl or acephate
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 request, or unless
one or more of the
[[Page 41251]]
registrants withdraws its request. If these requests are granted, any
sale, distribution, or use of products listed in this notice will be
permitted after the uses are deleted 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 August 12, 2011.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2011-0507, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2011-0507. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. 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 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.
FOR FURTHER INFORMATION CONTACT: For pesticide specific information
contact: The Chemical Review Manager listed for the pesticide of
interest:
Active Ingredient...................... Chemical Review Manager,
Telephone Number, E-mail
Address
Formetanate HCl........................ James Parker, (703) 306-0469
parker.james@epa.gov
Acephate............................... Kelly Ballard, (703) 305-8126
ballard.kelly@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. 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 e-mail. 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.
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. Background on the Receipt of Requests To Amend Registrations To
Delete Uses
This notice announces receipt by EPA of requests from several
registrants including Amvac Chemical Corporation, United Phosphorus,
Inc., ChemStarr, LLC, Makhteshim Agan of North America, Inc., and Tide
International, USA, Inc., to delete the succulent green bean use from
acephate product registrations. This notice also announces receipt by
EPA of a request from Gowan Company to delete apple, peach and pear
uses from formetanate HCl product registrations.
In a letter dated May 31, 2011, Gowan Company requested that the
EPA amend to delete apple, peach and pear uses from formetanate HCl
product
[[Page 41252]]
registrations identified in Table 1 of Unit III. Specifically, Gowan
Company is requesting to amend product registrations to delete
formetanate HCl use on apples, peaches and pears in order to reduce
dietary exposure and risks. This action by Gowan Company will aid in
mitigating dietary risks identified in a December 7, 2010, dietary risk
assessment. More information regarding this situation is available in
the formetanate HCl docket (EPA-HQ-OPP-2010-0939). Formetanate HCl is a
miticide/insecticide used on assorted crops. There are no residential
uses for formetanate HCl products. Registered products containing
formetanate HCl are intended to control thrips, lygus bugs, stink bugs,
mites, scale, campylloma, and spiders. Currently, formetanate HCl is
only available as a wettable powder formulation sold in water soluble
bags. The deletion of these uses will not terminate the last
formetanate HCl products registered in the United States.
In letters dated April 20, 2011 (Makhteshim Agan of North America,
Inc.), May 10, 2011 (United Phosphorus, Inc.), May 13, 2011 (Amvac
Chemical Corporation), and May 25, 2011 (ChemStarr, LLC., and Tide
International, USA, Inc.), registrants requested that EPA amend their
product registrations to delete the succulent green bean use from
acephate product registrations which are identified in Table 1 of Unit
III. Specifically, the registrants are requesting to amend product
registrations to delete acephate use on succulent green beans. Acephate
is an organophosphate insecticide, and is registered for use on a
variety of field, fruit, and vegetable crops, and in food handling
establishments. It is also registered for outdoor use on field-grown
ornamentals, pasture, rangeland, sod and golf course turf, and indoor
use in institutional settings. The deletion of these uses will not
terminate the last acephate products registered in the United States.
III. What action is the agency taking?
This notice announces receipt by EPA of requests from registrants
to delete certain uses of formetanate HCl and acephate product
registrations. The affected products and the registrants making the
request are identified in Tables 1 and 2 of this unit.
Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order amending the
affected registrations.
Table 1--Formetanate HCl and Acephate Product Registrations With Pending Requests for Amendment
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Registration No. Product name Chemical Uses to be deleted
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10163-264............................ Formetanate Formetanate HCl........ Apple, Peach & Pear.
Hydrochloride
Technical.
10163-265............................ Carzol SP Miticide/ Formetanate HCl........ Apple, Peach & Pear.
Insecticide in Water
Soluble Packaging.
WA010033............................. Carzol SP Insecticide Formetanate HCl........ Apple & Pear.
in Water Soluble
Packaging.
5481-8975............................ Orthene Technical...... Acephate............... Succulent Green Beans.
70506-1.............................. Acephate 75 Insecticide Acephate............... Succulent Green Beans.
70506-2.............................. Acephate 90 Insecticide Acephate............... Succulent Green Beans.
70506-3.............................. Acephate Technical..... Acephate............... Succulent Green Beans.
70506-8.............................. Acephate 97UP Acephate............... Succulent Green Beans.
Insecticide.
70506-71............................. Acephate 90SP Acephate............... Succulent Green Beans.
Manufacturing Use
Product.
70506-76............................. Acephate 90DF Acephate............... Succulent Green Beans.
Insecticide.
81964-1.............................. Acephate Technical..... Acephate............... Succulent Green Beans.
81964-3.............................. Acephate 90% SP........ Acephate............... Succulent Green Beans.
83558-35............................. Acephate Technical..... Acephate............... Succulent Green Beans.
84229-7.............................. Tide Acephate 90 WDG... Acephate............... Succulent Green Beans.
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Table 2 of this unit includes the name and address of record for
the registrant of the products listed 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
of this unit.
Table 2--Registrants Requesting Voluntary Amendments
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EPA Company No. Company name and address
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5481................................... Amvac Chemical Corporation,
4695 MacArthur Court, Suite
1250, Newport Beach, CA 92660.
10163.................................. Gowan Company, P.O. Box 5569,
Yuma, AZ 85366-5569.
70506.................................. United Phosphorus, Inc., 630
Freedom Business Center, Suite
402, King of Prussia, PA
19406.
81964.................................. ChemStarr, LLC, 21 Hubble,
Irvine, CA 92618.
83558.................................. Makhteshim Agan of North
America, Inc., 4515 Falls of
Neuse Road, Suite 300,
Raleigh, NC 27609.
84229.................................. Tide International, USA, Inc.,
21 Hubble, Irvine, CA 92618.
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IV. 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.
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
[[Page 41253]]
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 formetanate HCl and acephate 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 deletion should submit the 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.
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 the
action. If the requests for amendments to delete 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 amendments to
delete uses, EPA proposes to include the following provisions for the
treatment of any existing stocks of the products listed in Table 1 of
Unit III.
Formetanate HCl registrants will be permitted to sell and
distribute existing stocks of products under the previously approved
labeling until November 30, 2011. Thereafter, registrants will be
prohibited from selling or distributing the products whose labels
include the deleted uses identified in Table 1 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 products, including those of (24c) Special Local
Needs Registration, whose labels include the deleted uses until
December 31, 2013, provided that such sale, distribution, or use is
consistent with the terms of the previously approved labeling on, or
that accompanied, the deleted uses.
Once EPA has approved amended acephate product labels reflecting
the requested amendments to delete the succulent green bean use,
registrants 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, registrants will be
prohibited from selling or distributing the products whose labels
include the deleted uses identified in Table 1 of Unit III., except for
export consistent with FIFRA section 17 or for proper disposal.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: June 30, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-17359 Filed 7-12-11; 8:45 am]
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