[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Pages 71022-71023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29612]



[EPA-HQ-OPP-2010-0887; FRL-8883-8]

Dicloran; Cancellation Order for Amendment To Terminate Use on 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: This notice announces EPA's order for the amendment to 
terminate use on potatoes, voluntarily requested by the registrant and 
accepted by the Agency, of products containing dicloran (DCNA), 
pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), as amended. This cancellation order follows a 
December 1, 2010 Federal Register Notice of Receipt of Request from the 
registrant listed in Table 2 of Unit II. to voluntarily amend to 
terminate DCNA use on potatoes for these product registrations. These 
are not the last products containing this pesticide registered for use 
in the United States. In the December 1, 2010 notice, EPA indicated 
that it would issue an order implementing the amendment to terminate 
use, unless the Agency received substantive comments within the 180-day 
comment period that would merit its further review of these requests, 
or unless the registrant withdrew their request. The Agency did not 
receive any comments on the notice. Further, the registrant did not 
withdraw their request. Accordingly, EPA hereby issues in this notice a 
cancellation order granting the requested amendment to terminate DCNA 
use on potatoes. 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 amendment is effective November 16, 2011.

FOR FURTHER INFORMATION CONTACT: James Parker, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 306-0469; fax number: (703) 308-7070; 
email address: parker.james@epa.gov.


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. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-0887. Publicly available 
docket materials are available either in the electronic docket at 
http://www.regulations.gov, or, if only available in hard copy, at the 
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, 
VA. The hours of operation of this Docket Facility are from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket 
Facility telephone number is (703) 305-5805.

II. What action is the agency taking?

    This notice announces the amendment to delete from the registration 
of DCNA use on potato, as requested by registrant, under section 3 of 
FIFRA. These registrations are listed in sequence by registration 
number in Table 1 of this unit.

       Table 1--DCNA Product Registration Amendment To Delete Use
     EPA Registration No.            Product name         Uses deleted
10163-189.....................  Botran 75-W Fungicide  Potatoes.
10163-195.....................  Botran Technical.....  Potatoes.
10163-226.....................  Botran 5F Fungicide..  Potatoes.

    Table 2 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 Table 1 of this 

[[Page 71023]]

                 Table 2--Registrant of Amended Products
           EPA Company No.                  Company name and address
10163................................  Gowan Company, P.O. Box 5569,
                                        Yuma, AZ 85366-5569.

III. Summary of Public Comments Received and Agency Response to 

    During the public comment period provided, EPA received no comments 
in response to the December 1, 2010 Federal Register notice (75 FR 230) 
(FRL-8854-3) announcing the Agency's receipt of the request to 
voluntary amend to delete DCNA use on potatoes for products listed in 
Table 1 of Unit II.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendment to terminate use of DCNA on potatoes for registrations 
identified in Table 1 of Unit II. Accordingly, the Agency hereby orders 
that the product registrations identified in Table 1 of Unit II. are 
amended to terminate use on potatoes. The effective date of the 
cancellations that are subject of this notice is November 16, 2011. Any 
distribution, sale, or use of existing stocks of the products 
identified in Table 1 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.

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 December 1, 2010. The comment period closed on May 31, 2011.

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.
    The registrant may continue to sell and distribute existing stocks 
of products listed in Table 1 whose labels include the deleted use 
until November 16, 2012, which is 1 year after publication of this 
cancellation order in the Federal Register. Thereafter, the registrant 
is prohibited from selling or distributing products listed in Table 1 
of Unit II. whose labels include the deleted use, except for export in 
accordance 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 use 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 use.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: October 6, 2011.
Peter Caulkins,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide 
[FR Doc. 2011-29612 Filed 11-15-11; 8:45 am]