[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Notices]
[Pages 71609-71611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28675]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-1017; FRL-9902-77]
Methiocarb, Lambda-Cyhalothrin, Permethrin and Prodiamine; Notice
of Receipt of Requests To Voluntarily Cancel and Amend Registration(s)
To Terminate Certain 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 requests
by the registrants to voluntarily amend their Methiocarb, Lambda-
Cyhalothrin, Permethrin and Prodiamine product registrations to delete
one or more uses. 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 the requests, or unless the registrants withdraw its
requests. If these requests are granted, any sale, distribution, or use
of products listed in this notice will be permitted after the use has
been deleted only if such sale, distribution, or use is consistent with
the terms as described in the final order.
DATES: Comments must be received on or before December 30, 2013.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-1017, 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: John W. Pates, Jr. Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8195; 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. 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. 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. Background on the Receipt of Requests To Cancel and/or Amend
Registrations To Delete Uses
This notice announces receipt by EPA of requests from registrants
Wagner Regulatory Associates, Inc., on behalf of Willowood Lambda
Cyhalothrin LLC, Gowan Company, Farnam Companies, Inc., Pyxis
Regulatory Consulting, Inc. on behalf of Alligare, LLC. and Makhteshim
Agan of North America, Inc. (MANA) to delete certain uses of
Methiocarb, Lambda-Cyhalothrin, Permethrin and Prodiamine product
registrations. In letters dated September 10, 2013, September 27, 2013,
September 20, 2013, October 28, 2013 and October 31, 2013 the Gowan
Company, Wagner Regulatory Associates, Inc., Farnam Companies, Inc.,
Pyxis Regulatory Consulting, Inc. and MANA requested EPA to cancel
certain uses of pesticide product registrations identified in Tables 1
and 2 of Unit II., respectively. Specifically, Gowan Company
voluntarily requested the removal/deletion of domestic outdoor uses and
nonresidential turf uses from the Methiocarb technical label. The
registrant also requested a 30-day comment period, and waived the 180-
day comment period. Wagner Regulatory Associates, Inc. voluntarily
requested the cancellation of indoor and outdoor residential uses from
the Willowood Lambda-Cyhalothrin technical label. The registrant
requested a 30-day comment period, and waived the 180-day comment
period. Farnam Companies, Inc. voluntarily requested the cancellation
of dog use from the Permethrin Farnam Purge Plus Insecticide label. The
registrant requested a 30-day comment period, and waived the 180-day
comment period. Pyxis Regulatory Consulting, Inc. voluntarily requested
the use deletion of weed control of drainage ditches in California and
Arizona from the Alligare Prodiamine 4L and 65 WG Herbicide labels. The
registrant requested a 30-day comment period, and waived the 180-day
comment period. MANA voluntarily requested the termination of the
drainage ditch uses
[[Page 71610]]
from the Prodiamine 65WG label. The registrant requested a 30-day
comment period, and waived the 180-day comment period. The requests
would not terminate the last Methiocarb, Lambda-Cyhalothrin, Permethrin
or Prodiamine products registered for use in the United States, or the
last Methiocarb, Lambda-Cyhalothrin, Permethrin or Prodiamine pesticide
products registered in the United States for these uses.
III. What action is the Agency taking?
This notice announces receipt by EPA of requests from registrants
to delete certain uses of Methiocarb, Lambda-Cyhalothrin, Permethrin
and Prodiamine product registrations. The request would delete:
Methiocarb domestic outdoor uses and nonresidential turf uses from the
Methiocarb technical label (EPA Reg. No. 10163-230); Lambda-Cyhalothrin
indoor and outdoor residential use from the Willowood Lambda-
Cyhalothrin technical label (EPA Reg. No. 88541-1); Permethrin use on
dogs from the label of Farnam Purge Pesticide (EPA Reg. No. 270-279);
Prodiamine use for weed control of drainage ditches in California and
Arizona from label (EPA Reg. Nos. 81927-49 and 81927-36); and
Prodiamine drainage ditch uses from label (EPA Reg. No. 66222-89). The
affected products and the registrants making the requests are
identified in Tables 1 and 2 of this unit.
Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order amending the
affected registrations.
Table 1--Product Registrations with Pending Requests for Amendment
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Registration No. Product name Company Uses to be deleted
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000270-00279......................... Farnam Purge Plus Farnam Companies, Inc.. Use on dogs.
Insecticide.
010163-00230......................... Mesurol Technical Gowan Company.......... Domestic outdoor and
Insecticide. nonresidential turf
uses.
066222-00089......................... Prodiamine 65 WG Makhteshim Agan of Drainage ditch uses.
Herbicide. North America, Inc.
081927-00036......................... Alligare Prodiamine 65 Alligare, LLC.......... Weed control of
WG Herbicide. drainage ditches in CA
and AZ.
081927-00049......................... Alligare Prodiamine 4L. Alligare, LLC.......... Weed control of
drainage ditches in CA
and AZ.
088541-00001......................... Willowood Lambda- Willowood Lambda Indoor and outdoor
Cyhalothrin Technical. Cyhalothrin, LLC. residential use.
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Table 2 of this unit includes the names and addresses of record for
the registrants of the products listed 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 Table 1
of this unit.
Table 2--Registrants Requesting Voluntary Cancellation and/or Amendments
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EPA company number Company name and address
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270.............................. Farnam Companies, Inc., 301 West
Osborn Road, Phoenix, AZ 85013.
10163............................ Gowan Company, P.O. Box 5569, Yuma,
AZ 85366.
66222............................ Makhteshim Agan of North America,
Inc., 3120 Highwoods Blvd., Suite
100, Raleigh, NC 27604.
81927............................ Alligare, LLC, Agent: Pyxis
Regulatory Consulting, Inc., 4110
136th St. NW., Gig Harbor, WA 98332.
88541............................ Willowood Lambda Cyhalothrin, LLC,
Agent: Wagner Regulatory Associates,
P.O. box 640, Hockessin, DE 19707-
0640.
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IV. 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.
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) 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 Methiocarb, Lambda-Cyhalothrin, Permethrin and Prodiamine
product registrants have requested that EPA waive the 180-day comment
period. Accordingly, EPA will provide a 30-day comment period on the
proposed requests.
V. Procedures for Withdrawal of Requests
Registrants who choose to withdraw a request for product
cancellation or use deletion should submit the withdrawal in writing to
the person listed under FOR FURTHER INFORMATION CONTACT. If the
products(s) have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.
VI. Provisions for Disposition of 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
action. If the requests for amendments to delete uses are granted, the
Agency intends to publish the cancellation order in the Federal
Register.
In any order issued in response to these requests for amendments to
delete uses, EPA proposes to include the following provisions for the
treatment of any existing stocks of the products listed in Table 1 of
Unit III.
Once EPA has approved product labels reflecting the requested
amendments to delete uses, registrants will be permitted to sell or
distribute products under the previously approved
[[Page 71611]]
labeling for a period of 18 months after the date of Federal Register
publication of the cancellation order, unless other restrictions have
been imposed. Thereafter, registrants will be prohibited from selling
or distributing the products whose labels include the deleted uses
identified in Table 1 of Unit III., except for export consistent with
FIFRA section 17 or for proper disposal.
Persons other than the registrant may sell, distribute, or use
existing stocks of products whose labels include the deleted uses until
supplies are exhausted, provided that such sale, distribution, or use
is consistent with the terms of the previously approved labeling on, or
that accompanied, the deleted uses.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: November 13, 2013.
Michael Goodis,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2013-28675 Filed 11-27-13; 8:45 am]
BILLING CODE 6560-50-P