

[Federal Register: May 24, 2006 (Volume 71, Number 100)]
[Notices]               
[Page 29957-29959]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my06-90]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0253; FRL-8068-4]

 
Propylene Oxide; Notice of Receipt of Request to Terminate Gum 
Uses on Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a 
notice of receipt of request for amendments by ABERCO, Inc. to delete 
uses in certain pesticide registrations. 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 amended to delete 
one or more uses. FIFRA further provides that, before acting on the 
request, EPA must publish a notice of receipt of any request in the 
Federal Register.

DATES: The deletions are effective on June 23, 2006, unless the Agency 
receives a written withdrawal request on or before June 23, 2006. The 
Agency will consider withdrawal request postmarked no later than June 
23, 2006.
    Users of these products who desire continued use on crops or sites 
being deleted should contact ABERCO, Inc. on or before June 23, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0253, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Building); 2777 S. Crystal Drive, Arlington, VA. Deliveries are only 
accepted during the Docket's normal hours of operation (8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information. The 
docket telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket (ID) number EPA-HQ-
OPP-2005-0253. EPA's policy is that all comments received will be 
included in the docket without change and may be made available on-line 
at http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the docket and made 
available on the Internet. If you submit an electronic comment, EPA 
recommends that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. If EPA 
cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index. 
Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available in the electronic docket at http://www.regulations.gov, or, 

if only available in hard copy, at the OPP Regulatory Public Docket in 
Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, 
Arlington, VA. The hours of operation for this docket facility are from 
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. 
The docket telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Susan Bartow, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 603-0065; fax 
number: (703) 308-8041; e-mail address: bartow.susan@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 29958]]

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. Although this 
action may be of particular interest to persons who produce or use 
pesticides, 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 information in this notice, consult the person listed 
under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under 
Docket identification number (ID) [EPA-HQ-OPP-2005-0253; FRL-8068-4]. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov.

    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.


II. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from registrant 
ABERCO, Inc. to voluntarily terminate edible gum (including but not 
limited to guar) and nonfood gum uses of 47870-1, 47870-2, and 47870-3 
PPO product registrations. PPO is an insecticidal fumigant used on 
several food items such as processed spices, cocoa (beans and powder), 
and in-shell and processed nutmeats (except peanuts). PPO also has 
nonfood uses for bird seeds, cosmetic articles, gums, ores, packaging, 
pigments, pharmaceutical materials, and discarded nut shells prior to 
disposal. In a letter dated April 20, 2006, ABERCO, Inc. requested EPA 
to terminate PPO's use on all gums for pesticide product registrations 
identified in this notice (Table 1). Specifically, ABERCO, Inc. 
requests that all references to any gum use be deleted from the 
following, ``For non food use as an insecticidal fumigant for the 
control of stored product insects in bird seed, cosmetic articles and 
ingredients, gums, ores, packaging, pigments, pharmaceutical materials, 
and discarded nut shells prior to disposal.'' In addition, ABERCO, Inc. 
requests that the following use be terminated and that any reference to 
it be deleted, ``For non food use as an insecticidal fumigant for the 
control of stored product insects in gums.''
    ABERCO, Inc. requests provisions for sale, distribution, and use of 
existing stocks, as EPA defined that term at 56 Fed. Reg. 29362, as 
follows: (1) Registrants may sell and distribute existing stocks for 
one year from the date of this letter making the use termination 
request, and (2) The product may be sold, distributed, and used by 
people other than the registrant until their stocks have been 
exhausted, provided that such sale, distribution, and use complies with 
the EPA-approved label and labeling of the product. There will be no 
more PPO pesticide products registered in the United States for gum 
use.

     Table 1.--Registrations With Requests for Amendments to Delete Uses in Certain Pesticide Registrations
----------------------------------------------------------------------------------------------------------------
         EPA Registration No.                Product name          Active ingredient        Delete from label
----------------------------------------------------------------------------------------------------------------
47870-1                                Propylene Oxide          Propylene Oxide          edible gums (including
                                                                                          but not limited to
                                                                                          guar) and nonfood gums
47870-2                                Propylene Oxide          Propylene Oxide          edible gums (including
                                        Technical                                         but not limited to
                                                                                          guar) and nonfood gums
47870-3                                Propoxide 892            Propylene Oxide          edible gums (including
                                                                                          but not limited to
                                                                                          guar) and nonfood gums
----------------------------------------------------------------------------------------------------------------

    Users of these products who desire continued use on crops or sites 
being deleted should contact ABERCO, Inc. (9430 Lanham Severn Road, 
Seabrook, MD 20706-2651) before June 23, 2006 to discuss withdrawal of 
the application for amendment. This 30 day period will also permit 
interested members of the public to intercede with registrants prior to 
the Agency's approval of the deletion.

III. What is the Agency's Authority for Taking this Action?

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be canceled or amended to 
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA 
requires that before acting on a request for voluntary cancellation, 
EPA must provide a 30-day public comment period on the request for 
voluntary cancellation or use termination. In addition, section 
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period 
on a request for voluntary cancellation or termination of any minor 
agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide 
would pose an unreasonable adverse effect on the environment.
    The PPO registrant has requested that EPA waive the 180-day comment 
period. EPA will provide a 30[dash]day comment period on the proposed 
requests.
    Unless a request is withdrawn by the registrant within 30-days of 
publication of this notice, or if the Agency determines that there are 
substantive comments that warrant further review of this request, an 
order will be issued amending the affected registrations.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for use deletion must 
submit the withdrawal in writing to Susan Bartow using the methods in 
ADDRESSES. The Agency will consider written withdrawal requests 
postmarked no later than June 23, 2006.

V. 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 
cancellation action.
    In any order issued in response to this request for amendment(s) to 
terminate gum uses, the Agency proposes to include the following 
provisions for the treatment of any existing stocks of the products 
identified or referenced in Table 1: (1) The registrant may sell and 
distribute existing stocks for one year from the date of this letter 
making the use termination request, and (2) The product may be sold, 
distributed, and used by people other than the registrant until their 
stocks have been exhausted, provided that such sale, distribution, and 
use complies with the EPA-approved label and labeling of the product.

[[Page 29959]]

    If the request for voluntary cancellation and use termination is 
granted as discussed above, the Agency intends to issue a cancellation 
order that will allow persons other than the registrant to continue to 
sell and/or use existing stocks of cancelled products until such stocks 
are exhausted, provided that such use is consistent with the terms of 
the previously approved labeling on, or that accompanied, the cancelled 
product. The order will specifically prohibit any use of existing 
stocks that is not consistent with such previously approved labeling. 
If, as the Agency currently intends, the final cancellation order 
contains the existing stocks provision just described, the order will 
be sent only to the affected registrants of the cancelled products. If 
the Agency determines that the final cancellation order should contain 
existing stocks provisions different than the ones just described, the 
Agency will publish the cancellation order in the Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 15, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E6-7832 Filed 5-23-06; 8:45 am]

BILLING CODE 6560-50-S
