[Federal Register Volume 76, Number 159 (Wednesday, August 17, 2011)]
[Notices]
[Pages 51031-51032]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20572]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2006-0955; FRL-8881-2]
Registration; Cancellation Order for Rodenticide Products That
Have Expired
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's cancellation order for certain
rodenticide products containing the pesticide active ingredients
brodifacoum, difenacoum and bromethalin, pursuant to section 3 of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) because as
of June 4, 2011 these time-limited registrations expired. These are not
the last products containing these pesticide active ingredients
registered for use in the United States. 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 stock
provisions.
DATES: The expirations occurred on June 4, 2011.
FOR FURTHER INFORMATION CONTACT: Rusty Wasem, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington DC 20460-
0001; telephone number: (703) 305-6979; e-mail address:
wasem.russell@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, farmworker, 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-2006-0955. 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's telephone number is (703) 305-5805.
II. What Action is the Agency Taking
This notice announces the June 4, 2011 expiration of certain
products registered under section 3 of FIFRA. This notice serves as a
cancellation order to provide for existing stocks of affected products.
These registrations are listed in sequence by registration number in
Table 1 of this unit.
Table 1--Registrations and Product Names
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EPA Registration No. Product name
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47629-14*......................... Difenacoum Rat and Mouse Pellets
(consumer use only).
47629-16*......................... Difenacoum Rat and Mouse Block
(consumer use only).
47629-17*......................... Difenacoum Rat and Mouse Place Packs
(consumer use only).
47629-11.......................... Bromethalin Rat & Mouse Block.
47629-13.......................... Bromethalin 0.01% Pellet.
7173-284.......................... Difethialone 12G Mini Blocks.
3282-89........................... Fleeject.
3282-90........................... D-Con Bait Station.
3282-91........................... Mimas.
72159-11.......................... Gladiator All Weather Bait.
72159-12.......................... Agrisel Gladiator Place Pack
Pellets.
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* The registrations 47629-14, 47629-16, and 47629-17 were each
registered for three different use patterns: (1) Consumer use, (2)
Agricultural use, and (3) Professional use. Because the expiration
date for 47629-14, 47629-16, and 47629-17 applied only to the consumer
use, in regard to these three products, this cancellation order
applies only to the consumer use.
[[Page 51032]]
Table 2 of this unit includes the name and address of record for
the registrant of the products in Table 1 of this unit, 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 of Expired Rodenticide Products
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EPA Company No. Company name and address
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47629............................. Woodstream Corp., 69 North Locust
St., P.O. Box 327, Lititz, PA, USA
17543-0327.
3282.............................. Reckitt Benckiser Inc., 399
Interspace Parkway, Parsippany, NJ,
USA 07054-0225.
7173.............................. Liphatech Inc., 3600 W. Elm St.,
Milwaukee, WI, USA 53209.
72159............................. Agrisel USA, Inc., P.O. Box 3528,
Suwanee, GA, USA 30024.
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III. Cancellation Order
Pursuant to FIFRA section 3, EPA hereby announces the June 4, 2011
expiration of the time-limited registrations identified in Table 1 of
Unit II. The registrants listed above in Table 2, Unit II agreed at the
time the registrations were issued to the June 4, 2011 expiration date
for these registrations. Additionally, on May 27, 2011 EPA accepted
Woodstream's request to amend its difenacoum products to narrow the
scope of the time-limited registration so that the expiration date
would apply only to the consumer use (Sublabel A), allowing the
products to remain registered but only for agricultural and
professional uses. All other registrations listed in Table 1 in Unit II
expired on June 4, 2011 without exception. The Agency considers the
expiration of a time-limited registration to be a cancellation under
section 3 of FIFRA, for purposes of section 6(a)(1) of FIFRA. Any
distribution, sale, or use of existing stocks of the canceled 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
IV., will be considered a violation of FIFRA section 12(a)(2)(K).
Pursuant to the terms set forth in Unit IV., EPA is allowing the
sale, distribution, and use of existing stocks of the registrations
subject to this cancellation order primarily because there are other
similar rodenticide products that remain registered, and may lawfully
be distributed, sold, and used until EPA completes cancellation
proceedings pursuant to FIFRA section 6(b).\1\ Although, EPA is
allowing the sale, distribution, and use of existing stocks of the
registrations subject to this cancellation order, the Agency retains
the right to amend this order, if circumstances warrant. If the similar
products are cancelled, it is likely that the Agency will consider
modifying this cancellation order to mirror the treatment of existing
stocks of the other cancelled products.
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\1\ In its June 7, 2011 press release, EPA announced that it is
preparing to initiate cancellation proceedings against similar
rodenticide registrations that have not expired. See http://yosemite.epa.gov/opa/admpress.nsf/1e5ab1124055f3b28525781f0042ed40/5689a230c1490219852578a80053a4b7!OpenDocument
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IV. Provisions for Disposition of Existing Stocks
For purposes of this order, existing stocks are those stocks of
pesticide products subject to the cancellation order that are currently
in the United States and were packaged, labeled, and released for
shipment prior to the effective date of the cancellation action. This
cancellation order includes the following existing stock provisions:
All registrants identified in Table 2 in Unit II may continue to
sell or distribute existing stocks of the products identified in Table
1 of Unit II released for shipment on or before June 4, 2011 bearing
appropriate previously approved labeling until supplies are exhausted.
Persons other than the registrant may continue to sell or
distribute existing stocks of the products identified in Table 1 of
Unit II until supplies are exhausted, provided that products contain
the appropriate, previously-approved labeling and that products were
released by registrant on or before June 4, 2011. Any person may
continue to use existing stocks of canceled products provided that such
use is consistent with the terms of the previously approved labeling of
the canceled products.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: August 5, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-20572 Filed 8-16-11; 8:45 am]
BILLING CODE 6560-50-P