[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Pages 53451-53452]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21729]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0639; FRL-8883-6]
2-(Hydroxymethyl)-2-nitro-1,3-propanediol (Tris Nitro);
Amendments To Terminate Uses for Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces EPA's order for the amendments to
terminate uses, voluntarily requested by the registrant and accepted by
the Agency, of products containing the pesticide listed in Table 1,
pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended. This cancellation order follows a
June 8, 2011 Federal Register Notice of Receipt of Requests from the
registrant listed in Table 1 to voluntarily amend to terminate uses of
these product registrations. These are not the last products containing
these pesticides registered for use in the United States. In the June
8, 2011 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 registrant withdrew
their requests within this period. The Agency did not receive any
comments on the notice. Further, the registrant 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 cancellations are effective August 26, 2011.
FOR FURTHER INFORMATION CONTACT: Rebecca von dem Hagen, Antimicrobials
Division (7510P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-6785; e-mail address: vondem-hagen.rebecca@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-2009-0639. 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 terminate uses, as
requested by the registrant, of products registered under section 3 of
FIFRA. These registrations are listed in sequence by registration
number in Table 1 of this unit.
[[Page 53452]]
Table 1--Tris Nitro Product Registration Amendments To Terminate Uses
----------------------------------------------------------------------------------------------------------------
Registration No. Product name Company Uses to be terminated
----------------------------------------------------------------------------------------------------------------
464-657...................... Tris Nitro \TM\ Solid The Dow Chemical Company Use in metalworking fluids;
Industrial Bacteriostat. Latex paints; Resin/latex/
polymer emulsions; Specialty
industrial products.
464-658...................... Tris Nitro \TM\ Brand of The Dow Chemical Company Use in metalworking fluids;
50% AqueousTris Latex paints; Resin/latex/
(hydroxymethyl) polymer emulsions; Specialty
nitromethane. industrial products.
464-663...................... Tris Nitro\TM\ Brand of The Dow Chemical Company Use in paints, emulsions and
50% Aqueous Tris thickener solutions; Use in
(hydroxymethyl) metalworking fluids; Use as
nitromethane. a preservative for packaged
emulsions, solutions, or
suspensions, such as
detergents and polishes
containing water.
464-668...................... Tris Nitro\TM\ Brand of The Dow Chemical Company Use in metalworking fluids;
25% Aqueous Tris Use as a preservative for
(hydroxymethyl) packaged emulsions,
nitromethane. solutions, or suspensions,
such as detergents and
polishes containing water.
464-679...................... Tris Nitro\TM\ Brand.... The Dow Chemical Company Use in paints, emulsions, and
thickener solutions; Use in
metalworking fluids; Use as
a preservative for packaged
emulsions, solutions, or
suspensions, such as
detergents and polishes
containing water; Use in
pulp and paper-mill process
water systems.
----------------------------------------------------------------------------------------------------------------
Table 2 of this unit includes the name and address of record for
the registrant of the products in Table 1 of this unit, in sequence by
EPA company number.
Table 2--Registrant of Amended Products
------------------------------------------------------------------------
EPA company No. Company name and address
------------------------------------------------------------------------
464................................. The Dow Chemical Company,
1803 Building,
Midland, MI 48674.
------------------------------------------------------------------------
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 June 8, 2011 Federal Register notice (76 FR 33281)
(FRL-8874-5) announcing the Agency's receipt of the requests for
voluntary amendments to terminate uses of products listed in Table 1.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
amendments to terminate uses of Tris Nitro registrations identified in
Table 1 of Unit II. Accordingly, the Agency orders that the product
registrations identified in Table 1 of Unit II. are hereby amended to
terminate the affected uses. 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 considered 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 Administrator may approve such
a request.
VI. Provisions for Disposition of Existing Stocks
EPA's existing stocks policy that published in the Federal Register
June 26, 1991 (56 FR 29362) (FRL-3845-4) provides that: ``If a
registrant requests to voluntarily cancel a registration where the
Agency has identified no particular risk concerns, the registrant has
complied with all applicable conditions of reregistration, conditional
registration, and data call ins, and the registration is not subject to
a Registration Standard, Label Improvement Program, or reregistration
decision, the Agency will generally permit a registrant to sell or
distribute existing stocks for 1 year after the cancellation request
was received. Persons other than registrants will generally be allowed
to sell, distribute, or use existing stocks until such stocks are
exhausted.''
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 effective date of this cancellation is August
26, 2011. The cancellation order that is the subject of this notice
includes the following existing stock provisions:
The registrant may sell and distribute existing stocks of products
listed in Table 1 until August 27, 2012. Persons other than the
registrant may sell and distribute existing stocks of products listed
in Table 1 until exhausted. Use of the products listed in Table 1 may
continue until existing stocks are exhausted, provided that such use is
consistent with the terms of the previously approved labeling on, or
that accompanied, the amended products.
List of Subjects
Environmental protection, Pesticides and pests, Antimicrobials, 2-
(hydroxymethyl)-2-nitro-1,3-propanediol, Tris Nitro.
Dated: August 17, 2011.
Joan Harrigan-Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 2011-21729 Filed 8-25-11; 8:45 am]
BILLING CODE 6560-50-P