[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Pages 76456-76457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30865]



[EPA-HQ-OPP-2007-0975; FRL-8855-6]

Methomyl; Cancellation Order for Amendments To Terminate Use of 
Methomyl on Grapes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: This notice announces EPA's order for the amendments to 
terminate use, voluntarily requested by the registrant and accepted by 
the Agency, of products containing methomyl, pursuant to section 
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), as amended. This cancellation order follows an October 24, 
2007 Federal Register Notice of Receipt of Requests from the registrant 
listed in Table 2 of Unit II. to voluntarily amend to terminate the 
grape use from all product registrations. In the October 24, 2007 
notice, EPA indicated that it would issue an order implementing the 
amendments 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 the 
requests. On April 14, 2008, the registrant withdrew the voluntary 
cancellation of the grape use and submitted a Pesticide Registration 
Improvement Act (PRIA) action to modify the methomyl use on grapes. 
While this new information refined the dietary risk assessment, it was 
not sufficient to change the Agency's previous conclusion. As a result, 
the registrant withdrew the PRIA action on April 9, 2010. Accordingly, 
EPA hereby issues in this notice a cancellation order granting the 
requested amendments to terminate use. 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 

DATES: The amendments are effective December 8, 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) 308-7070; 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-2007-0975. 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 amendments to delete certain uses, as 
requested by the registrant, of products registered under section 3 of 
FIFRA. These registrations are listed in sequence by registration 
number in Table 1 of this unit.

     Table 2--Methomyl Product Registration Amendments To Delete Use
      EPA registration No.          Product name         Use deleted
352-342........................  Dupont Lannate SP   Grapes.
352-384........................  Dupont Lannate LV   Grapes.

    Table 2 of this unit includes the name and address of record for 
the registrant of the products in Table 1 of this unit, in sequence by 
EPA company number. This number corresponds to the first

[[Page 76457]]

part of the EPA registration numbers of the products listed above.

                Table 2--Registrants of Methomyl Products
            EPA company No.                  Company name and address
000352.................................  E.I. du Pont de Nemours and
                                          Company DuPont Crop
                                          Protection, Stine-Haskell
                                          Research Center, P.O. Box 30,
                                          Newark, DE 19714-0030.

III. Summary of Public Comments Received and Agency Response to 

    On April 14, 2008, during the public comment period the registrant 
withdrew the voluntary cancellation of the grape use and submitted a 
PRIA action consisting of a change in the use of methomyl on grapes 
along with grape residue monitoring data provided by grape growers. 
While this new information refined the dietary assessment, it was not 
sufficient to change the Agency's previous conclusion. As a result, the 
registrant withdrew the PRIA action on April 9, 2010. For this reason, 
the Agency does not believe that the information submitted during the 
comment period merits further review or a denial of the requests for 
voluntary use deletion.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendments to terminate uses of methomyl 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 the affected use. The effective date of the cancellations 
that are the subject of this notice is December 8, 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 October 24, 2007 (72 FR 60634) (FRL-8153-3). The comment 
period closed on April 21, 2008.

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.
    Now that EPA has approved product labels reflecting the requested 
amendments to delete uses, registrants are permitted to sell or 
distribute products listed in Table 1 of Unit II. under the previously 
approved labeling until June 8, 2012, a period of 18 months after 
publication of the cancellation order in this Federal Register, 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 II., 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, products with the deleted uses.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: December 2, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
[FR Doc. 2010-30865 Filed 12-7-10; 8:45 am]