[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Notices]
[Pages 75157-75159]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30357]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2012-0844; FRL-9368-8]
Notice of Receipt of a Request To Voluntarily Cancel Certain
Pesticide Registrations
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 request by registrants to voluntarily cancel
certain pesticide registrations. EPA intends to grant this request 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 the request, or unless the registrants
withdraw their request. The cancellation for the allethrins technical
products will be effective September 30, 2015, and the cancellation for
the allethrins end-use products will be effective December 31, 2016, as
described in Unit II. below. If any of these cancellation requests are
granted, the Agency will issue a cancellation order that will prescribe
conditions pertaining to the sale,
[[Page 75158]]
distribution, and use of existing stocks of canceled products.
DATES: Comments must be received on or before January 17, 2013.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0844, 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: Molly Clayton, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 603-0522; email address:
clayton.molly@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. If you have any questions regarding the
information in this notice, consult the person listed under FOR FURTHER
INFORMATION CONTACT.
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 a request from the
technical registrants Valent Biosciences Corporation and Sumitomo
Chemical Company Limited to cancel all their allethrins pesticide
products registered under FIFRA section 3 or 24(c). These registrations
are listed in sequence by registration number in Table 1 of this unit.
The allethrin series of pyrethroid insecticides includes
bioallethrin (PC code 004003), esbiol (004004), esbiothrin (004007,
formerly 004003/004004), and pynamin forte (004005). The allethrins are
members of the pyrethroid class of insecticides. They are used to
control flying and crawling insects in a number of commercial,
horticultural and residential applications. Common product forms
include wasp and hornet aerosols; yard and patio foggers; flying insect
killer aerosols; total release aerosols (indoor foggers); mosquito
repellants (mats and coils); space sprays; and crawling insect killer
aerosols. The allethrins are not registered for use on food, and they
have no U.S. tolerances associated with their use; therefore, they are
not subject to the Food Quality Protection Act (FQPA). There are
currently two technical registrants for the allethrins, with one
(Valent BioSciences Corporation) being a subsidiary of the second
(Sumitomo Chemical Company).
The allethrins were the subjects of a reregistration eligibility
decision (RED), which was completed on June 30, 2007, and amended on
May 27, 2009. In reregistration, EPA completed human health and
environmental risk assessments for the allethrins. During
reregistration, to reduce potential ecological exposure, the
registrants voluntarily canceled pet shampoos and dips and large-scale
outdoor uses, such as uncultivated agricultural areas and golf courses.
Since outdoor uses were thereby limited to localized spot treatments,
no ecological mitigation measures were specified in the RED.
On March 31, 2010, the public phase of registration review for the
allethrins began with the opening of the initial docket (EPA-HQ-OPP-
2010-0022). The comment period for the allethrins registration review
docket was open for 60 days, from March 31, 2010, to June 1, 2010. The
Final Work Plan (FWP) for the allethrins was completed on August 11,
2010. The Agency's projected registration review timeline described in
the FWP established that the preliminary risk assessments would be
completed by December 2018, and the final registration decision would
be completed in 2020.
The technical registrants subsequently requested cancellation of
their allethrins technical products effective September 30, 2015, and
cancellation of their end use products effective December 31, 2016.
Table 1--Technical Product Registrations With Pending Requests for
Cancellation
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Registration No. Product name
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10308-3............................... Pynamin Forte Technical.
73049-105............................. Bioallethrin Technical.
73049-125............................. Crossfire Technical.
73049-155............................. Esbiol Technical.
73049-156............................. Crossfire Technical.
73049-359............................. Bioallethrin Technical.
73049-394............................. VBC Bioallethrin 90%
Concentrate.
73049-395............................. VBC Esbiol Concentrate.
73049-399............................. VBC Esbiothrin.
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[[Page 75159]]
Table 2--End-Use Product Registrations With Pending Requests for
Cancellation
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Registration No. Product name
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73049-157............................. Cypermethrin/Esbiothrin/
Piperonyl Butoxide 0.05%/0.1%/
0.4% A.
73049-177............................. DS 205 Insecticide.
73049-178............................. UltraTec DS 215 Insecticide.
73049-180............................. DS 530 Insecticide.
73049-183............................. ULTRATEC DS 210 Insecticide.
73049-184............................. Ultratec KD AC.
73049-210............................. DSP 0.25-2.5-25 AC.
73049-354............................. UltraTec DS OB AC.
73049-389............................. UltraTec DSP 515 Insecticide.
73049-390............................. UltraTec DS 105 OB Insecticide.
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Table 3 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. This number corresponds to the first part of the
EPA registration numbers of the products listed in this unit.
Table 3--Registrants Requesting Voluntary Cancellation
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EPA Company No. Company name and address
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10308....................... Sumitomo Chemical Company, Ltd., 1330
Dillon Heights Avenue, Baltimore, MD
21228-1199.
73049....................... Valent BioSciences Corporation, 870
Technology Way, Suite 100, Libertyville,
IL 60048-6316.
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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.
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) provides for the
possibility of a 180-day comment period where the voluntary
cancellation involves a pesticide registered for at least one minor
agricultural use. Because the allethrins are not registered for any
minor agricultural uses, this 180-day comment provision does not apply,
and EPA is providing a 30-day comment period on the proposed voluntary
cancellation of allethrins registrations.
IV. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for cancellation
should submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT. 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. Any request for withdrawal should be submitted before the
end of the comment period but, as a practical matter, must be received
before EPA issues a final order.
V. 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
cancellation action. Because these allethrins products are reregistered
pesticides, and there are no known risks of concern, the cancellation
date for the technical products will occur five years prior to the time
of the planned registration review decision for the allethrins, the
Agency expects to grant this request unless the Agency receives
substantive comments that warrant further review of the request or the
registrants withdraw their request. In 2013, EPA intends to issue an
order in the Federal Register canceling all of the technical
registrations as of September 30, 2015 and end use product
registrations as of December 31, 2016. It is the Agency's current
intention to include in that order the following terms and conditions
applicable to existing stocks:
No sale or distribution of allethrins technical products
by any person, other than for purposes of disposal or export, will be
permitted after September 30, 2015.
No use of technical allethrins products to formulate end-
use products will be permitted after December 31, 2015.
As of January 1, 2017, persons other than registrants will
be allowed to sell, distribute, or use existing stocks of cancelled end
use products until such stocks are exhausted. Use of existing stocks
will be permitted only to the extent that the use is consistent with
the terms of the previously-approved labeling accompanying the product
used.
List of Subjects
Environmental protection, Pesticides and pests, Allethrins.
Dated: December 3, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2012-30357 Filed 12-18-12; 8:45 am]
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