[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]


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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.

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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
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       Registration No.              Product name                 Company              Uses to be terminated
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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.
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    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
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           EPA company No.                 Company name and address
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464.................................  The Dow Chemical Company,
                                      1803 Building,
                                      Midland, MI 48674.
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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