[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Notices]
[Pages 46075-46077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16793]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2015-0317; FRL-9948-05]
Amendments To Terminate Uses for Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's final order for the amendments to
terminate uses, voluntarily requested by the registrants and accepted
by the Agency, of the products listed in Table 1, pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This
cancellation order follows a June 10, 2015 Federal Register Notice of
Receipt of Requests from the registrants listed in Table 2 to amend
uses of these product registrations. These are not the last products
containing these pesticides registered for use in the United States. In
the June 10, 2015 notice, EPA indicated that it would issue an order
implementing the amendments to terminate uses, unless the Agency
received substantive comments within the 30 and 180 day comment periods
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 amendments to terminate uses. 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 July 15, 2016.
FOR FURTHER INFORMATION CONTACT: Ricardo Jones, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number: (703) 347-0493; 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. 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-2015-0317, 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), West William Jefferson Clinton 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 amendments to terminate uses, as
requested by registrants of products registered under FIFRA section 3
(7 U.S.C. 136a). These registrations are listed in sequence by
registration number in Table 1 of this unit.
Table 1--Product Registration Amendments To Terminate Uses
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EPA registration No. Product name Chemical name Uses terminated
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1021-2782...................... Clothianidin Technical.. Clothianidin........... Fruiting Vegetables Crop
Grouping (CG8) and Low-
Growing Berry except
Strawberry (CG13-07H) and
retain the existing
tolerances.
59639-150...................... V-10170 2.13SC Clothianidin........... Fruiting Vegetables Crop
Insecticide. Grouping (CG8) and Low-
Growing Berry except
Strawberry (CG13-07H) and
retain the existing
tolerances.
59639-152...................... Arena 50 WDG Insecticide Clothianidin........... Fruiting Vegetables Crop
Grouping (CG8) and Low-
Growing Berry except
Strawberry (CG13-07H) and
retain the existing
tolerances.
59639-173...................... Clothianidin Technical Clothianidin........... Fruiting Vegetables Crop
Insecticide. Grouping (CG8) and Low-
Growing Berry except
Strawberry (CG13-07H) and
retain the existing
tolerances.
[[Page 46076]]
90963-1........................ Nipacide MX............. Chloroxylenol.......... As a preservative for
paints, plastics and
plastic coatings,
thickeners & adhesives/
binders. As a disinfectant,
sanitizer, deodorizer or
antimicrobial agent for
application to hard, non-
porous surfaces in
residential, health-care,
institutional, food-
processing and industrial
facilities including animal
housing facilities,
veterinary clinics, farms,
live-stock, swine and
poultry houses. As a
biocide in oil and gas
exploration including
enhanced recovery systems,
flood water, fracturing
fluids and gels, injection
waters, pipelines, holding
pond water, disposal well
water, tubing, pressure
vessels and storage tanks.
As a biocide in industrial
process water systems.
90963-2........................ Nipacide CMX............ Chloroxylenol.......... As a preservative for
paints, plastics and
plastic coatings,
thickeners & adhesives/
binders. As a disinfectant,
sanitizer, deodorizer or
antimicrobial agent for
application to hard, non-
porous surfaces in
residential, health-care,
institutional, food-
processing and industrial
facilities including animal
housing facilities,
veterinary clinics, farms,
live-stock, swine and
poultry houses. As a
biocide in oil and gas
exploration including
enhanced recovery systems,
flood water, fracturing
fluids and gels, injection
waters, pipelines, holding
pond water, disposal well
water, tubing, pressure
vessels and storage tanks.
As a biocide in industrial
process water systems.
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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.
Table 2--Registrants of Amended Products
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EPA company No. Company name and address
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1021...................................... McLaughlin Gormley King
Company, 8810 Tenth Avenue
North, Minneapolis, MN
55427-4319.
59639..................................... Valent U.S.A. Corporation,
1600 Riviera Avenue, Suite
200, Walnut Creek, CA
94596.
90963..................................... Ortho-Clinical Diagnostics,
Inc., Agent Name: Lewis &
Harrison, LLC, 122 C Street
NW., Suite 505, Washington,
DC 20001.
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III. Summary of Public Comments Received and Agency Response to
Comments
During the public comment period provided, EPA received no comments
in response to the June 10, 2015 Federal Register notice announcing the
Agency's receipt of the requests for amendments to terminate uses of
products listed in Table 1 of Unit II.
IV. Cancellation Order
Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby
approves the requested amendments to terminate uses of clothianidin and
chloroxylenol registrations identified in Table 1 of Unit II.
Accordingly, the Agency orders that the product registrations
identified in Table 1 of Unit II. are hereby amended to terminate the
affected uses. The effective date of the amendments to terminate
affected uses is July 15, 2016. 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 considered a violation of
FIFRA.
V. What is the agency's authority for taking this action?
Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) 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 in the Federal Register of June
10, 2015, (80 FR 32947) (FRL-9928-01). The comment period for
chloroxylenol closed on July 10, 2015, and the comment period for
clothianidin closed on January 6, 2016.
VI. Provisions for Disposition of Existing Stocks
EPA's existing stocks policy published in the Federal Register of
June 26, 1991 (56 FR 29362) provides that: ``If a registrant requests
to voluntarily cancel a registration where the Agency has identified no
particular risk concerns, the registrant has complied with all
applicable conditions of reregistration, conditional registration, and
data call ins, and the registration is not subject to a Registration
Standard, Label Improvement Program, or reregistration decision, the
Agency will generally permit a registrant to sell or distribute
existing stocks for 1 year after the cancellation request was received.
Persons other than registrants will generally be allowed to sell,
distribute, or use existing stocks until such stocks are exhausted.''
[[Page 46077]]
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
cancellation action. The effective date of this cancellation is July
15, 2016. The cancellation order that is the subject of this notice
includes the following existing stock provisions:
The registrant may sell and distribute existing stocks of products
listed in Table 1 of Unit II. until July 17, 2017. Persons other than
the registrant may sell and distribute existing stocks of products
listed in Table 1 of Unit II. until exhausted. Use of the products
listed in Table 1 of Unit II. may continue until existing stocks are
exhausted, provided that such use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
products.
Authority: 7 U.S.C. 136 et seq.
Dated: July 7, 2016.
Michael Goodis,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2016-16793 Filed 7-14-16; 8:45 am]
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