[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Notices]
[Pages 59190-59192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23517]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0748; FRL-9362-9]


Halofenozide; Notice of Receipt of Requests To Voluntarily Cancel 
Pesticide Registrations and Terminate All Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of request 
by registrants to voluntarily cancel pesticide registrations of all 
products containing the pesticide halofenozide. The requests would 
cancel all technical and end-use registrations and delete all 
halofenozide uses. The requests would terminate the last halofenozide 
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 these requests, or unless 
the registrants withdraw their requests. If these requests are granted, 
any sale, distribution, or use of products listed in this notice will 
be permitted after the registrations have been cancelled only if such 
sale, distribution, or use is consistent with the terms as described in 
the final order.

DATES: Unless a request is withdrawn by October 26, 2012 for 
registrations for which the registrant requested a waiver of the 180-
day comment period, orders will be issued canceling these 
registrations. The Agency will consider withdrawal requests postmarked 
no later than October 26, 2012, whichever

[[Page 59191]]

is applicable. Comments must be received on or before October 26, 2012, 
for those registrations where the 180-day comment period has been 
waived.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2012-0748, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.htm. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Kaitlin Keller, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8172; email 
address: keller.kaitlin@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. Although this 
action may be of particular interest to persons who produce or use 
pesticides, the Agency has not attempted to describe all the specific 
entities that may be affected by this action.

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 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. What action is the Agency taking?

    This notice announces receipt by the Agency of applications from 
registrants to cancel all 10 halofenozide pesticide products registered 
under FIFRA section 3 or 24(c). Halofenozide is an ecdysone agonist 
insecticide that induces a premature and incomplete molt in susceptible 
species. Halofenozide is registered for use against immature stages of 
beetle pests (soil dwelling ``white grubs''). Halofenozide is 
registered for use on non-agricultural uses sites, including airports/
landing fields, commercial/industrial lawns, golf course turf, 
ornamental lawns and turf, ornamental sod farm, recreation area lawns, 
and residential lawns. There are no registered food or agricultural 
uses. In a letter dated June 25, 2012, the technical registrant, Dow 
AgroSciences, requested EPA to cancel certain pesticide product 
registrations identified in Table 1 of this unit. Specifically, Dow 
AgroSciences requested cancellation of its nine halofenozide product 
registrations because they no longer manufacture or produce 
halofenozide products. On August 6, 2012, the other end-use registrant, 
Setre Chemical Company, also requested cancellation of its halofenozide 
end-use product. This action on the registrants' requests will 
terminate the last halofenozide pesticide products registered in the 
United States. These registrations are listed in sequence by 
registration number in Table 1 of this unit:

                          Table 1--Registrations With Pending Requests for Cancellation
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            Registration No.                        Product name                        Chemical name
----------------------------------------------------------------------------------------------------------------
038167-0029.............................  Mach 2 1.5G.....................  Helena Chemical Company d/b/a Setre
                                                                             Chemical Company.
062719-0470.............................  Halofenozide Technical            Dow AgroSciences LLC.
                                           Insecticide.
062719-0471.............................  Mach 2 2SC......................  Dow AgroSciences LLC.
062719-0472.............................  Mach 2 2.5% Granular Turf         Dow AgroSciences LLC.
                                           Insecticide.
062719-0473.............................  Mach 2 1.5G Specialty             Dow AgroSciences LLC.
                                           Insecticide.
062719-0474.............................  Mach 2 Plus Fertilizer 0.86%      Dow AgroSciences LLC.
                                           A.I..
062719-0475.............................  Mach 2 Plus Fertilizer 0.57%      Dow AgroSciences LLC.
                                           A.I..
062719-0476.............................  Mach 2 Manufacturing Use          Dow AgroSciences LLC.
                                           Concentrate.
062719-0489.............................  Mach 2 Plus Fertilizer (1.0%      Dow AgroSciences LLC.
                                           A.I.).
062719-0490.............................  Mach 2 Plus Fertilizer (1.33%     Dow AgroSciences LLC.
                                           A.I.).
----------------------------------------------------------------------------------------------------------------

    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, orders will be issued canceling all of 
these registrations. Users of these pesticides or anyone else desiring 
the retention of a registration should contact the applicable 
registrant directly during this 30-day period.

[[Page 59192]]

    Table 2 of this unit includes the names and addresses of record for 
all registrants of the products in Table 1 of this unit, in sequence by 
EPA company number:

         Table 2--Registrants Requesting Voluntary Cancellation
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              EPA Company No.                 Company name and address
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38167.....................................  Helena Chemical Company, d/b/
                                             a Setre Chemical Company,
                                             225 Schilling Blvd., Suite
                                             300, Collierville, TN
                                             38017.
62719.....................................  Dow AgroSciences LLC, 9330
                                             Zionsville Rd., 308/2E,
                                             Indianapolis, IN 46268-
                                             1054.
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III. 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. 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, the EPA Administrator may approve such a request.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation must 
submit such withdrawal in writing to the person listed under FOR 
FURTHER INFORMATION CONTACT, postmarked before October 26, 2012. This 
written withdrawal of the request for cancellation will apply only to 
the applicable FIFRA section 6(f)(1) request listed in 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. The withdrawal request must also 
include a commitment to pay any reregistration fees due, and to fulfill 
any applicable unsatisfied data requirements.

V. Provisions for Disposition of Existing Stocks

    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. EPA's existing stocks policy published in the 
Federal Register issue of June 26, 1991 (56 FR 29362) 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.''
    Upon cancellation of the pesticides identified in Table 1 of Unit 
II., EPA anticipates allowing sale, distribution and use as described 
in this unit. Exception to this general policy will be made in specific 
cases when more stringent restrictions on sale, distribution, or use of 
the products or their ingredients have already been imposed, as in a 
special review action, or where the Agency has identified significant 
potential risk concerns associated with a particular chemical.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 14, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2012-23517 Filed 9-25-12; 8:45 am]
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