[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Notices]
[Pages 4651-4653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02027]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0265; FRL-9972-01]
Dicloran (DCNA); 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 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 termination order follows a March 16, 2016
Federal Register Notice of Receipt of Request from the registrant
listed in Table 2 of Unit III. to voluntarily amend product
registrations to terminate DCNA use on certain products. The Agency
hereby issues in this notice a termination order granting the requested
amendments to terminate DCNA use on certain products. Any distribution,
sale, or use of the products subject to this termination order is
permitted only in accordance with the terms of this order, including
any existing stocks provisions.
DATES: The amendments are valid February 1, 2018.
FOR FURTHER INFORMATION CONTACT: Patricia Biggio, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (703) 347-0547; fax number: (703) 308-
7070; 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. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
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-2005-0265. 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
[[Page 4652]]
through Friday, excluding legal holidays. The Docket Facility telephone
number is (703) 305-5805.
II. Background
This termination order follows a Federal Register of March 16, 2016
(81 FR 14109) (FRL-9941-37), Notice of Receipt of Request from the
registrant listed in Table 2 of Unit III. to voluntarily amend product
registrations to terminate DCNA use on apricot, chrysanthemum, conifer,
gladiolus, grape, greenhouse cucumber, greenhouse lettuce, greenhouse
rhubarb, greenhouse tomato, nectarine, peach, plum/prune, rose, and
sweet cherry. These are not the last products containing this pesticide
registered for use in the United States (U.S.). In the March 16, 2016
notice, EPA indicated that it would issue an order implementing the
amendments to terminate uses, 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 received seven comments on the notice; none of
which would affect the Agency's action. The Agency hereby issues in
this notice a termination order granting the requested amendments to
terminate these DCNA uses.
III. What action is the Agency taking?
This notice announces the amendments to delete uses, as requested
by the sole 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 1--DCNA Product Registration Amendments To Delete Uses
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EPA registration No. Product name Uses deleted
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10163-189................ Botran 75-W apricots,
10163-195................ Fungicide. chrysanthemums,
10163-226................ Botran Technical... conifers, gladiolus,
Botran 5F Fungicide grapes, greenhouse
cucumbers, greenhouse
lettuce, greenhouse
rhubarb, greenhouse
tomato, nectarines,
peaches, plums/prunes,
roses, and sweet
cherries.
10163-329................ Botran P 5F
Fungicide.
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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 part of the
EPA registration numbers of the products listed above.
Table 2--Registrant of Amended Products
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EPA company No. Company name and address
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10163..................................... Gowan Company, P.O. Box
5569, Yuma, AZ 85366-5569.
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IV. Summary of Public Comments Received and Agency Response to Comments
During the public comment period provided, EPA received seven
comments in response to the Federal Register of March 16, 2016 (81 FR
14109), notice announcing the Agency's receipt of the request to
voluntarily amend product registrations to delete DCNA uses for
products listed in Table 1 of Unit III.
Six of the seven comments were from growers outside of the U.S.
that supported the continued use of DCNA. In addition, the Agency also
received a single comment from the registrant (Gowan) which proposed
the conversion of dicloran crop residue tolerances to import tolerances
based on conclusions from previous DCNA risk assessments and Pesticide
Data Program (PDP) data from 2004 to 2014. The Agency has reviewed
these comments and the Agency's formal response is available at
regulation.gov in the DCNA reregistration docket EPA-HQ-OPP-2005-0265.
Per the Agency's response, the 2006 dietary risk assessment
concluded that dietary exposure from all currently registered crops
does not exceed the Agency's level of concern. In addition, following a
review of available monitoring data, EPA concluded that the small
number of samples with detectable residues in monitoring data and the
low residue levels found in those samples support Gowan's claim that
imported commodities are not likely to pose risks of concern. The
monitoring data also supports Gowan's assertion that the subject
commodities will not likely be contaminated with residue levels over
tolerance. Therefore, the Agency does not expect that the use of DCNA
on the subject commodities will create a risk of concern. As such, the
Agency supports retaining the DCNA tolerances for import of these
commodities to avoid potential trade barriers with countries that use
Codex Maximum Residue Levels (MRLs) or have DCNA tolerances established
for these commodities, and will convert the existing tolerances to
import tolerances in a separate action.
V. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
amendments to terminate uses of DCNA for registrations identified in
Table 1 of Unit III. Accordingly, the Agency hereby orders that the
product registrations identified in Table 1 of Unit III. are amended to
terminate use on apricots, chrysanthemums, conifers, gladiolus, grapes,
greenhouse cucumbers, greenhouse lettuce, greenhouse rhubarb,
greenhouse tomato, nectarines, peaches, plums/prunes, roses, and sweet
cherries. The effective date of the amendments to terminate affected
uses that are subject of this notice is February 1, 2018. Any
distribution, sale, or use of existing stocks of the products
identified in Table 1 of Unit III. in a manner inconsistent with any of
the provisions for disposition of existing stocks set forth in Unit
VII. will be a violation of FIFRA.
VI. 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 in the Federal Register of March 16, 2016 (81 FR 14109) (FRL-
9941-37). The comment period closed on September 12, 2016.
VII. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and
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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 until February 1, 2019, which is 1 year
after publication of this termination order in the Federal Register.
Thereafter, the registrant is prohibited from selling or distributing
products listed in Table 1 of Unit III. that contains directions for
use on the deleted uses, 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 listed in Table 1 of Unit III 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 uses.
Authority: 7 U.S.C. 136 et. seq.
Dated: January 10, 2018.
Yu-Ting Guilaran,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2018-02027 Filed 1-31-18; 8:45 am]
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