[Federal Register Volume 75, Number 134 (Wednesday, July 14, 2010)]
[Pages 40824-40825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17155]



[EPA-HQ-OPP-2009-0191; FRL-8828-5]

Monosodium methanearsonate (MSMA); Cancellation Order for Certain 
Pesticide Registrations

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.


SUMMARY:  This notice announces EPA's order for the cancellations, 
voluntarily requested by the registrants and accepted by the Agency, of 
products containing the organic arsenical monosodium methanearsonate 
(MSMA), pursuant to section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation 
order follows an April 7, 2010 Federal Register Notice of Receipt of 
Requests from the registrants listed in Table 2 of Unit II. to 
voluntarily cancel these product registrations. These are not the last 
products containing this pesticide registered for use in the United 
States. In the April 7, 2010 notice, EPA indicated that it would issue 
an order implementing the cancellations, 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 cancellations. 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 

[[Page 40825]]

DATES:  The cancellations are effective July 14, 2010.

FOR FURTHER INFORMATION CONTACT:  Tom Myers, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-8589; fax number: (703) 308-8005; e-
mail address: myers.tom@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-2009-0191 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 cancellations, as requested by 
registrants, of products registered under section 3 of FIFRA. These 
registrations are listed in sequence by registration number in Table 1 
of this unit.

                  Table 1.--MSMA Product Cancellations
       Registration Number           Product Name        Chemical Name
42750-38                          Weed Hoe 120        MSMA
42750-39                          Weed Hoe 108        MSMA
61483-13                          Daconate            MSMA
61483-14                          Daconate 6          MSMA
61483-15                          Bueno-6             MSMA
61483-17                          Daconate Super      MSMA
61483-18                          Bueno               MSMA

    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 Cancelled Products
            EPA Company Number                Company Name and Address
042750                                      Albaugh Inc.
                                            1525 NE 36th Street
                                            Ankeny, IA 50021
061483                                      KMG-Bernuth, Inc.
                                            9555 W. Sam Houston Pkwy
                                            Suite 600
                                            Houston, TX 77099

III. Summary of Public Comments Received and Agency Response to 

    During the public comment period provided, EPA received no comments 
in response to the April 7, 2010 Federal Register notice (75 FR 17733; 
FRL-8819-2)announcing the Agency's receipt of the requests for 
voluntary cancellations of products listed in Table 1 of Unit II.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellations of MSMA 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. The effective date of 
the cancellations that are subject of this notice is July 14, 2010. 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 April 7, 2010 (75 FR 17733) (FRL-8819-2). The comment period 
closed on May 7, 2010.

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.
    1.After July 14, 2010, registrants are prohibited from selling or 
distributing existing stocks of products listed in Table 1.
    2. After December 31, 2010, persons other than registrants are 
prohibited from selling or distributing existing stocks of products 
listed in Table 1.
    3. After December 31, 2010, existing stocks of products listed in 
Table 1, already in the hands of users can be used legally until they 
are exhausted, provided that such use complies with the EPA-approved 
label and labeling of the affected product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: July 6, 2010.
 Richard P. Keigwin, Jr.,
Pesticide Re-evaluation Division, Office of Pesticide Programs.
[FR Doc. 2010-17155 Filed 7-13-10; 8:45 a.m.]