[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Notices]
[Pages 3417-3418]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00732]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0252; FRL-9375-9]
Iodomethane; Cancellation Order for Pesticide Registrations and
Label Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's order for the cancellation,
voluntarily requested by the registrant and accepted by the Agency, of
products containing iodomethane, pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows
a November 21, 2012 Federal Register Notice of Receipt of Request from
the registrant listed in Table 3 of Unit II. to voluntarily cancel all
these product registrations and to amend the technical/manufacturing-
use label. These are the last products containing this pesticide
registered for use in the United States. In the November 21, 2012
notice, EPA indicated that it would issue an order implementing the
cancellations and amendment, unless the Agency received substantive
comments within the 30-day comment period that would merit its further
review of these requests. The Agency received one comment on the
notice, but it did not merit further review of the requests. Further,
the registrant did not withdraw their request. Accordingly, EPA hereby
issues this order granting the requested cancellations and amendment.
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 of the end-use product registration are
effective December 31, 2012. The cancellation of the technical product
is effective December 1, 2015. The amendment to the technical label is
effective January 1, 2013.
FOR FURTHER INFORMATION CONTACT: Andrea Mojica, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0122; fax
number: (703) 308-8090; email address: mojica.andrea@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.
B. How can I get copies of this document and other related information?
The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0252, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.
II. What action is the agency taking?
This notice announces the cancellation(s) and label amendment of
the products listed in Tables 1 and 2, as requested by the registrant
of these products, which are registered under FIFRA section 3. These
registrations are listed in sequence by registration number in Tables 1
and 2 of this unit.
Table 1--Iodomethane Product Cancellations
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EPA Registration No. Product name
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66330-43............................. Midas 98:2.
66330-44............................. Iodomethane Technical.
66330-57............................. Midas 50:50.
66330-58............................. Midas EC Bronze.
66330-59............................. Midas 33:67.
66330-60............................. Midas EC Gold.
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Table 2--Iodomethane Product Registration Amendments
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EPA Registration No. Product name
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66330-44............................. Iodomethane Technical.
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Table 3 of this unit includes the name and address of record for
the registrant of the products in Tables 1 and 2 of this unit.
Table 3--Registrants of Cancelled and Amended Products
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EPA Company No. Company name and address
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66330................................ Arysta LifeScience North America,
15401 Weston Parkway, Suite 150,
Cary, NC 27513.
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III. Summary of Public Comments Received and Agency Response to
Comments
During the public comment period provided, EPA received one comment
in response to the November 21, 2012 Federal Register notice announcing
the Agency's receipt of the request for voluntary cancellation of the
products listed in Table 1of Unit 2, and the label amendment of the
product listed in Table 2 of Unit II. The Pesticide Action Network
International (PAN) expressed support for the proposed cancellations.
However, PAN also requested that EPA prohibit the use of the
iodemethane technical product in the U.S. to formulate products for
export. In the November 21, 2012 notice, EPA referenced a Memorandum of
Agreement (MOA) between the technical registrant for iodomethane and
EPA. One provision of the MOA requires Arysta to voluntarily amend its
technical product label to only allow sale and distribution for export
purposes after January 1, 2013. Section 17 of FIFRA (7 U.S.C. 136o),
and EPA regulations at 40 CFR part 168 Subpart D have specific
requirements that apply to the export of unregistered pesticide, but
these provisions do not provide EPA with authority to ban the export of
pesticides registered under Section 3 of FIFRA, or cancelled
pesticides. For these reasons, the Agency does not believe that the
comment submitted by PAN merits further review or a denial of the
requests for voluntary cancellation and a label amendment.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations and label amendment of
[[Page 3418]]
the iodomethane registrations identified in Tables 1 and 2 of Unit II.
Accordingly, the Agency hereby orders that the product registrations
identified in Tables 1 and 2 of Unit II. are canceled and the product
registration identified in Table 2 of Unit II. is amended. The
effective date of the cancellation for the following products that are
subject of this notice, EPA Registration Numbers 66330-43, 66330-57,
66330-58, 66330-59 and 66330-60, is December 31, 2012. The effective
date of the cancellation for EPA Registration Number 66330-44 is
December 1, 2015. Any distribution, sale, or use of existing stocks of
the products identified in Tables 1 and 2 of Unit II. in a manner
inconsistent with any of the provisions for disposition of existing
stocks set forth in Unit VI. will be a violation of FIFRA. Within 30
days of the date of publication of this order, Arysta shall send the
following documents by certified mail, return receipt requested, to
every person who purchased any such product directly from Arysta since
December 31, 2011; and to every retailer known to Arysta to have sold
any end-use product since December 31, 2011: A letter that identifies
or indicates:
1. The iodomethane product(s) that were purchased and the dates of
such purchase.
2. That any distribution or sale of Arysta's end-use iodomethane
products will be unlawful under FIFRA after December 31, 2012.
3. That Arysta's end-use iodomethane products in users' possession
may not be used after December 31, 2012.
4. That after December 31, 2012, all remaining existing stocks of
Arysta's iodomethane end-use products must be disposed of in accordance
with all applicable state and Federal laws or returned to Arysta; and a
hard copy of the actual cancellation order as published in the Federal
Register.
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 EPA Administrator may approve
such a request. The notice of receipt for this action was published for
comment on November 21, 2012 (77 FR 69840) (FRL-9370-2). The comment
period closed on December 21, 2012.
VI. 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
action. The existing stocks provision for the products subject to this
order is as follows.
As of December 1, 2015, all sale and distribution of existing
stocks of Arysta's iodomethane technical/manufacturing-use product, EPA
Reg. No. 66330-44, by Arysta shall be prohibited unless the sale or
distribution is for proper disposal or is solely for purposes of export
consistent with the requirements of section 17 of FIFRA.
As of December 31, 2012, Arysta is prohibited from distributing or
selling existing stocks of end-use products, EPA Registration Nos.
66330-43, 66330-57, 66330-58, 66330-59 and 66330-60 unless the sale or
distribution is for proper disposal, or is solely for export consistent
with the requirements of FIFRA section 17; persons other than Arysta
are prohibited from distributing or selling existing stocks of Arysta's
end-use products, EPA Registration Number 66330-43, 66330-57, 66330-58,
66330-59 and 66330-60, unless the sale or distribution is for proper
disposal, return to Arysta, or is intended solely for export consistent
with the requirements of FIFRA section 17; and no person may use any
existing stocks of any of Arysta's end-use products EPA Registration
Numbers. 66330-43, 66330-57, 66330-58, 66330-59 and 66330-60.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: December 28, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2013-00732 Filed 1-15-13; 8:45 am]
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