[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Pages 75631-75632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30692]



[EPA-HQ-OPP-2012-0748; FRL-9373-6]

Halofenozide; Cancellation Order for All Pesticide Registrations 
and Termination of All Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: This notice announces EPA's order for the cancellation and 
termination of all uses, voluntarily requested by the registrants and 
accepted by the Agency, of products containing halofenozide, pursuant 
to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 
This cancellation order follows a September 26, 2012 Federal Register 
Notice of Receipt of Requests from the registrants listed in Table 2 of 
Unit II. to voluntarily cancel and terminate all uses of these product 
registrations. These are the last products containing this pesticide 
registered for use in the United States. In the September 26, 2012 
notice, EPA indicated that it would issue an order implementing the 
cancellation and terminate all uses, unless the Agency received 
substantive comments within the 30-day comment period that would merit 
its further review of these requests, or unless the registrants 
withdrew their requests. The Agency did not receive any comments on the 
notice. Further, the registrants did not withdraw their requests. 
Accordingly, EPA hereby issues in this notice a cancellation order 
granting the requested cancellation and use termination. 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 are effective December 21, 2012.

evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8172; fax 
number: (703) 308-8005; email address: [email protected].


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-2012-0748, 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 and termination of all uses, 
as requested by registrants, of products registered under FIFRA section 
3. These registrations are listed in sequence by registration number in 
Table 1 of this unit.

               Table 1--Halofenozide Product Cancellations
          EPA Registration No.                     Product name
038167-0029............................  Mach 2 1.5G.
062719-0470............................  Halofenozide Technical
062719-0471............................  Mach 2 2SC.
062719-0472............................  Mach 2 2.5% Granular Turf
062719-0473............................  Mach 2 1.5G Specialty
062719-0474............................  Mach 2 Plus Fertilizer 0.86%
062719-0475............................  Mach 2 Plus Fertilizer 0.57%
062719-0476............................  Mach 2 Manufacturing Use
062719-0489............................  Mach 2 Plus Fertilizer (1.0%
062719-0490............................  Mach 2 Plus Fertilizer (1.33%

    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 above.

                Table 2--Registrants of Canceled Products
       EPA Company No.                  Company name and address
38167........................  Helena Chemical Company, d/b/a Setre
                                Chemical Company, 225 Schilling
                                Boulevard, Suite 300, Collierville, TN
62719........................  Dow AgroSciences LLC, 9330 Zionsville
                                Road 308/2E, Indianapolis, IN 46268-

[[Page 75632]]

III. Summary of Public Comments Received and Agency Response to 

    During the public comment period provided, EPA received no comments 
in response to the September 26, 2012 Federal Register notice 
announcing the Agency's receipt of the requests for voluntary 
cancellation and termination of all uses of products listed in Table 1 
of Unit II.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellation and termination of all uses of halofenozide 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 
canceled and all uses of halofenozide are terminated. The effective 
date of the cancellations that are the subject of this notice is 
December 21, 2012. 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 September 26, 2012 (77 FR 59190) (FRL-9362-9). The comment 
period closed on October 26, 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.
    The registrants may continue to sell and distribute existing stocks 
of products listed in Table 1 until December 23, 2013, which is 1 year 
after publication of this cancellation order in the Federal Register. 
Thereafter, the registrants are prohibited from selling or distributing 
products listed in Table 1 of Unit II., 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 canceled products 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 
canceled products.

List of Subjects

    Environmental protection, Pesticides and pests, halofenozide.

    Dated: December 12, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
[FR Doc. 2012-30692 Filed 12-20-12; 8:45 am]