[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Notices]
[Pages 15949-15950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05834]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2006-0955; FRL-9379-4]
Notice of Receipt of Request To Voluntarily Cancel Certain
Pesticide Registrations
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 requests
by a registrant to voluntarily cancel certain pesticide registrations.
EPA intends to issue a cancellation order granting these requests at
the close of the comment period for this notice. If these requests are
granted, any sale, distribution, or use of products listed in this
notice will be permitted after the registration has been canceled only
if such sale, distribution, or use is consistent with the terms as
described in the final cancellation order.
DATES: Comments must be received on or before April 12, 2013.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0955, 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.
Submit written withdrawal request by mail to: Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. ATTN: Rusty Wasem.
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: Rusty Wasem, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 305-6979; email address:
[email protected].
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.
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 requests from
Spectrum Group (Spectrum) to cancel five pesticide products registered
under FIFRA section 3. These registrations are listed in sequence by
registration number in Table 1 of this unit. The requests for voluntary
cancellation were conditioned, for some of the products, on the
effective date of cancellation and the Agency's allowance of certain
sale and distribution of existing stocks of canceled product. At the
end of the 30-day period identified above, EPA intends to issue an
order in the Federal Register canceling all of the affected
registrations in a manner consistent with the conditional nature of the
request for cancellation.
[[Page 15950]]
Table 1--Registrations With Pending Requests for Cancellation
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Registration No. Product name Chemical name
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8845-39...................... Rid-A-Rat and Mouse Warfarin.
Killer.
8845-125..................... Hot Shot Sudden Death Bromethalin.
Brand Mouse Killer.
8845-126..................... Hot Shot Sudden Death Bromethalin.
Brand Rat Killer 1.
8845-127..................... Hot Shot Sudden Death Bromethalin.
Brand Mouse and Rat
Killer.
8845-128..................... Hot Shot Sudden Death Bromethalin.
Brand Mouse Killer
Bait Station.
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Table 2 of this unit includes the address of Spectrum.
Table 2--Registrant Requesting Voluntary Cancellation
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EPA Company No. Company name and address
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8845.............................. Spectrum Group, A Division of United
Industries, 1 Rider Trail Plaza
Drive, Suite 300, Earth City, MO
63045.
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III. What is the Agency's authority for taking this action?
Section 6(f)(1)(A) 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)(A) 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 products listed in Table 1 of Unit II do not represent minor
agricultural uses and thereby are not eligible for a 180-day comment
period on their request for voluntary cancellation. In addition,
Spectrum has requested that EPA waive any 180-day comment period.
Accordingly, EPA will provide a 30-day comment period on the proposed
requests.
IV. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of canceled pesticide products
that are in the United States and that were appropriately packaged,
labeled, and released for shipment prior to the effective date of
cancellation of the underlying registration. It is EPA's intention to
issue a cancellation order treating existing stocks after cancellation
of the registrations identified in Table 1 as follows:
1. For product registered under EPA registration number 8845-127:
i. Cancellation of this registration will become effective on
August 1, 2013. The registrant has agreed to a cap upon production of
product between January 30, 2013, and July 31, 2013. All subsequent
conditions are contingent on the registrant abiding by the terms of
this production cap.
ii. The registrant will be permitted to sell and distribute stocks
of 8845-127 until November 1, 2013. After November 1, 2013, the
registrant will be prohibited from selling or distributing the product,
except for export consistent with FIFRA section 17 or for proper
disposal.
iii. Existing stocks may be sold and distributed by persons other
than the registrant until the later of the following two dates:
a. September 1, 2014; or
b. The last date for which sales of rodenticide products (including
existing stocks) registered by Reckitt Benckiser that are subject to
the Notice of Intent to Cancel signed by EPA on January 29, 2013,
remain legally permissible under FIFRA.
Users will be allowed to use existing stocks until such stocks are
exhausted, provided that such use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
product.
2. For products registered under EPA registration numbers 8845-39,
8845-125, 8845-126, and 8845-128:
Cancellation of these registrations shall become effective on April
12, 2013. Upon cancellation, EPA intends to prohibit all sale or
distribution of existing stocks of these products by any person, except
for export consistent with FIFRA section 17, proper disposal, or return
to the person from whom the product was purchased. Users will be
allowed to use existing stocks until such stocks are exhausted,
provided that such use is consistent with the terms of the previously
approved labeling on, or that accompanied, the canceled product.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: March 1, 2013.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2013-05834 Filed 3-12-13; 8:45 am]
BILLING CODE 6560-50-P