[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1684-1687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-229]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2011-0933; FRL-9328-2]
Imidacloprid, Oxamyl, and Methomyl; Notice of Receipt of Requests
to Voluntarily Amend Pesticide 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
certain imidacloprid product registrations to delete use on almonds, to
voluntarily amend oxamyl product registrations to delete use on
soybeans, and to voluntarily amend methomyl product registrations to
delete use on grapes. The requests would not terminate the last
imidacloprid, oxamyl, or methomyl 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 it receives substantive
comments within the comment period that would merit further review of
the request, or unless one or more of the registrants withdraws its
request. If the Agency grants these requests, 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 February 10, 2012.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2011-0933 and pesticide active ingredient to
which they pertain (imidacloprid, oxamyl, or methomyl), 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-
2011-0933, and identify the pesticide active ingredient (imidacloprid,
oxamyl, or methomyl) to which they pertain. 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 email. 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 email comment directly to EPA without
going through regulations.gov, your email 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: Contact the appropriate Chemical
Review Manager identified in the table in this unit for the pesticide
active ingredient of interest:
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Chemical review manager's name
Pesticide active ingredient and contact information
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Imidacloprid........................... Rusty Wasem, Telephone number:
(703) 305-6979, email address:
[email protected].
Methomyl............................... Tom Myers, Telephone number:
(703) 308-8589, email address:
[email protected].
Oxamyl................................. Monica Wait, Telephone number:
(703) 347-8019, email address:
[email protected].
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Alternatively, you can write to the appropriate Chemical Review
Manager's attention at: Pesticide Re-evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460-0001.
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
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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 do I submit comments and other related information?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. 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 Bayer
CropScience, United Phosphorus, Source Dynamics, IPM Resources,
Makhteshim Agan, Sharda, and Willowood to delete the almond use from
imidacloprid product registrations. This notice also announces receipt
by EPA of requests from DuPont Crop Protection to delete the soybean
use from oxamyl product registrations and to delete the grape use from
methomyl product registrations.
In letters dated February 25, 2011 (Bayer CropScience), March 10,
2011 (United Phosphorus, Source Dynamics, Willowood), March 14, 2011
(Sharda USA LLC), March 16, 2011 (Sharda Worldwide Exports PVT. LTD.),
March 17, 2011 (IPM Resources), and March 18, 2011 (Makhteshim Agan),
registrants requested that the EPA amend the respective imidacloprid
product registrations to delete use on almonds, summarized in Table 1
of Unit III. These cancellations are not due to human health (dietary)
issues. Imidacloprid is a systemic neonicotinoid insecticide used on
food crops, ornamentals, turf, seed treatments, domestic pets, and
structural pests. The deletion of these uses will not terminate the
last imidacloprid products registered in the United States.
In a letter dated October 19, 2011, DuPont Crop Protection
requested that the EPA amend the respective oxamyl product
registrations to delete use on soybeans, summarized in Table 1 of Unit
III. Oxamyl is a restricted use N-methyl carbamate (NMC) insecticide,
acaricide, miticide, nematicide, and plant growth regulator registered
for use on a variety of fruits, vegetables, and field crops. It is a
member of the NMC class of chemicals that share a common mechanism of
toxicity and inhibit acetylcholinesterase. Use of oxamyl on soybeans
was removed from all oxamyl product labels in 2006 following the Oxamyl
Reregistration Eligibility Decision. Deletion of the soybean use will
not terminate the last oxamyl products registered in the United States.
In a letter dated November 18, 2010, DuPont Crop Protection
requested that the EPA amend the respective methomyl product
registrations to delete use on grapes, summarized in Table 1 of Unit
III. Methomyl is an NMC insecticide and miticide, registered for use on
a variety of fruits, vegetables, and field crops. Deletion of the grape
use will not terminate the last methomyl 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 almond uses of imidacloprid product registrations, the
soybean uses of oxamyl product registrations, and the grape uses of
methomyl product registrations. These requests terminate the use of
imidacloprid on almonds, oxamyl on soybeans, and methomyl on grapes.
The affected products and the registrants making the requests are
identified in Table 1 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--Product Registrations With Pending Requests for Amendment
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EPA Registration No. Product name Active ingredient Uses to be deleted
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264-755........................... Imidacloprid Imidacloprid......... Almonds.
Technical.
264-756........................... Merit 75% Concentrate Imidacloprid......... Almonds.
Insecticide.
264-1131.......................... Gaucho 600 Flowable Imidacloprid......... Almonds.
Concentrate.
66222-156......................... MANA Alias 4F........ Imidacloprid......... Almonds.
66222-228......................... Pasada 1.6 Flowable Imidacloprid......... Almonds.
Insecticide.
70506-122......................... UPI Imidacloprid Imidacloprid......... Almonds.
Technical
Insecticide.
70506-153......................... Imidacloprid 70 DF Imidacloprid......... Almonds.
Agricultural
Insecticide.
70506-154......................... Fist 1.6 F Imidacloprid......... Almonds.
Insecticide.
81598-5........................... Rotam Imidacloprid Imidacloprid......... Almonds.
Technical.
82542-16.......................... Technical Imidacloprid......... Almonds.
Imidacloprid.
82542-25.......................... Imidacloprid 2F Imidacloprid......... Almonds.
Insecticide.
82633-8........................... Imidacloprid Imidacloprid......... Almonds.
Technical.
83529-6........................... Midash Forte Imidacloprid......... Almonds.
Insecticide.
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87290-14.......................... Willowood Imidacloprid......... Almonds.
Imidacloprid 4SC.
83558-34.......................... Imidacloprid Imidacloprid......... Almonds.
Technical
Insecticide.
352-372........................... Vydate L Insecticide/ Oxamyl............... Soybeans.
Nematicide.
352-400........................... DuPont Oxamyl Oxamyl............... Soybeans.
Technical 42
Insecticide/
Nematicide.
352-532........................... Vydate C-LV Oxamyl............... Soybeans.
Insecticide/
Nematicide.
352-361........................... DuPont Methomyl Methomyl............. Grapes.
Composition.
352-366........................... DuPont Methomyl Methomyl............. Grapes.
Technical.
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Table 2 of this unit includes the name and address of record for
the registrants of the products listed 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 Requesting Amendment
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EPA Company No. Company name and address
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264....................................... Bayer CropScience, 2 T.W.
Alexander Drive, P.O. Box
12014, Research Triangle
Park, NC 27709.
352....................................... E.I. Du Pont de Nemours and
Co., Inc., DuPont Crop
Protection, 1007 Market
Street, Wilmington, DE
19898.
66222..................................... Makhteshim Agan of North
America, Inc., 4515 Falls
of Neuse Road, Suite 300,
Raleigh, NC 27609.
70506..................................... United Phosphorus, Inc., 630
Freedom Business Center,
Suite 402, King of Prussia,
PA 19406.
81598..................................... IPM Resources LLC, 4032
Crockers Lake Blvd., Suite
818, Sarasota, FL 34238.
82542..................................... Source Dynamics, Inc., 10039
E. Troon North Drive,
Scottsdale, AZ 85262.
82633..................................... Sharda Worldwide Exports,
7460 Lancaster Pike, Suite
9, Hockessin, DE 19707.
83529..................................... Sharda USA LLC., 7460
Lancaster Pike, Suite 9,
Hockessin, DE 19707.
83558..................................... Celsius Property B.V.
Amsterdam (NL), c/o
Makhteshim Agan of North
America, Inc., 4515 Falls
of Neuse Road, Suite 300,
Raleigh, NC 27609.
87290..................................... Willowood, LLC, 1600 NW
Garden Valley Blvd., Suite
130, Roseburg, OR 97471.
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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 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 imidacloprid and methomyl registrants associated with this
action have requested EPA waive the 180-day comment period. The oxamyl
registrant's request to delete the soybean use does not constitute a
minor agricultural use, and as such, the 180-day comment period does
not apply. Accordingly, EPA will provide a 30-day comment period on the
proposed imidacloprid, oxamyl, and methomyl 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, no later than
30 days from publication of this notice. 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.
For imidacloprid, the registrants listed in Table 1 will be
permitted to sell and distribute existing stocks of products under the
previously approved labeling for a period of 18 months after
publication of the cancellation order in the Federal Register.
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 such
stocks are exhausted, 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 imidacloprid product labels
reflecting the requested amendments to delete almond uses, 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.
For methomyl, now that EPA has approved amended product labels
reflecting the requested amendments to delete the grape use, the
registrants will be permitted to sell or distribute products under the
previously approved
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labeling until June 8, 2012. 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. For oxamyl,
because the soybean use has not been included on oxamyl product labels
since 2006, EPA and the registrant believe that no existing stocks
period is needed.
List of Subjects
Environmental protection, Almond, Grape, Imidacloprid, Methomyl,
Oxamyl, Pesticides and pests, Soybean.
Dated: December 15, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2012-229 Filed 1-10-12; 8:45 am]
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