[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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