
[Federal Register: December 2, 2009 (Volume 74, Number 230)]
[Notices]               
[Page 63151-63153]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de09-37]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0265; FRL-8800-4]

 
Dicloran; Notice of Receipt of a Request to Voluntarily Amend To 
Terminate a Use of DCNA Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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 a request by the registrant to voluntarily amend 
their DCNA registrations to terminate a certain use. The request would 
terminate dicloran (DCNA) use in or on carrots. The request would not 
terminate the last DCNA product registered for use in the United 
States. EPA intends to grant this request at the close of the comment 
period for this announcement unless the Agency receives substantive 
comments within the comment period that would merit its further review 
of the request, or unless the registrant withdraws the request within 
this period. Upon acceptance of this request, any sale, distribution, 
or use of products listed in this notice will be permitted only if such 
sale, distribution, or use is consistent with the terms as described in 
the final order.

DATES: Comments must be received on or before January 4, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0265, 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 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility'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 Facility telephone number is (703) 305-5805.
     Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0265. 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 regulations.gov website 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 
available at http://www.regulations.gov. 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 either 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 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.

FOR FURTHER INFORMATION CONTACT: James Parker, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 306-0469; fax number: (703) 308-7070; e-
mail address: parker.james@epa.gov.

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.

[[Page 63152]]

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background on the Receipt of Request To Amend Registrations To 
Delete Use

    This notice announces receipt by EPA of a request from the 
registrant, Gowan Company, to amend the product registrations of DCNA 
to terminate use in or on carrots. DCNA is a pre-harvest and post-
harvest fungicide used as a preventative and curative fungal spore 
germination inhibitor. In an email dated November 2, 2009, Gowan 
Company requested EPA to terminate use in or on carrots from all DCNA 
pesticide product registrations identified in this notice. The specific 
products for which Gowan Company is requesting this use deletion are 
identified in Table 1 of this notice. These product registration 
amendments will not terminate the last DCNA product registered for use 
in the United States.

III. What Action Is the Agency Taking?

    This notice announces receipt by EPA of a request from Gowan 
Company to amend its DCNA product registrations to terminate use in or 
on carrots. The affected products and the registrant making the 
requests are identified in Tables 1 and 2 respectively, of this unit.
    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 registrant 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 DCNA registrant has requested that EPA waive the 180-day 
comment period. Accordingly, EPA will provide a 30-day comment period 
on the proposed request.
    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.

 Table 1--DCNA Product Registrations with Pending Requests for Amendment
------------------------------------------------------------------------
       Registration number            Product name          Company
------------------------------------------------------------------------
10163-189                         Botran 75-W         Gowan Company
                                   Fungicide
------------------------------------------------------------------------
10163-195                         Botran Technical    Gowan Company
------------------------------------------------------------------------
10163-226                         Botran 5F           Gowan Company
                                   Fungicide
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrant of the products listed in Table 1 of this unit.

Table 2--Registrants Requesting Voluntary Cancellation and/or Amendments
------------------------------------------------------------------------
            EPA company number                Company name and address
------------------------------------------------------------------------
10163.....................................  Gowan Company
                                            P.O. Box 5569
                                            Yuma, AZ 85366-5569
------------------------------------------------------------------------

IV. 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 Administrator may approve such 
a request.

V. Procedures for Withdrawal of Request and Considerations for 
Reregistration of DCNA

    Registrants who choose to withdraw a request for cancellation must 
submit such withdrawal in writing to the person listed under FOR 
FURTHER INFORMATION CONTACT, postmarked before January 4, 2010. This 
written withdrawal of the request for cancellation will apply only to 
the applicable FIFRA section 6(f)(1) request listed in this notice. If 
the products(s) have been subject to a previous cancellation action, 
the effective date of cancellation and all other provisions of any 
earlier cancellation action are controlling.

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 
cancellation action.
    If the request for voluntary use termination is granted as 
discussed in this unit, 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 canceled products until such stocks 
are exhausted, provided that such use is consistent with the terms of 
the previously approved labeling on, or that

[[Page 63153]]

accompanied, the canceled 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 canceled 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: November 19,2009.
 Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. E9-28542 Filed 12-1-09; 8:45 am]

BILLING CODE 6560-50-S
