

[Federal Register: December 14, 2006 (Volume 71, Number 240)]
[Notices]               
[Page 75246-75247]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de06-54]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0606; FRL-8105-8]

 
Acid Copper Chromate (ACC); Product Cancellation Order to Delete 
ACC Uses in Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order terminating all residential 
uses of the acid copper chromate (ACC) registration held by OSMOSE, 
Inc. The affected registration is EPA Reg. No. 3008-60. OSMOSE 
voluntarily requested the use termination, pursuant to section 6(f)(1) 
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as 
amended. OSMOSE requested that it not be provided with any existing 
stocks provisions for the product. The Agency announced receipt of this 
request in a July 18, 2006 Federal Register Notice of Receipt of 
Request (71 FR 40717) (FRL-8080-5). In the July 18, 2006 Notice, EPA 
stated that it would accept the request and issue an order implementing 
the use termination, unless the Agency received substantive comments 
within the 30-day comment period that would merit its further review of 
the request, or unless the registrant withdrew the request within this 
period, which closed August 17, 2006. The Agency received one comment 
on the notice which was carefully considered by the Agency; it was 
determined that the request did not merit further review. Further, the 
registrant did not withdraw its request. Accordingly, on October 17, 
2006 EPA approved the request. EPA hereby issues through this notice an 
order implementing the approved use terminations. Any distribution, 
sale, or use of the ACC product subject to this cancellation order is 
permitted only in accordance with the terms of this order.

DATES: The cancellations are effective December 14, 2006.

FOR FURTHER INFORMATION CONTACT: Adam Heyward, Antimicrobials Division 
(7510P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW.,

[[Page 75247]]

Washington, DC 20460-0001; telephone number: (703) 308-6422; fax 
number: (703) 308-8481; e-mail address: heyward.adam@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.

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 (ID) number EPA-HQ-OPP-2006-0606. 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 Building), 2777 S. 
Crystal Drive 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 telephone number is (703) 305-5805.
    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 the Agency's order implementing EPA's 
approval of OSMOSE's request to terminate all residential uses of its 
ACC product registration. The affected registration is identified in 
Table 1.

               Table 1.-ACC-Affected Product Registration
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           EPA registration no.                     Product name
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3008-60                                     AC 50% Wood Preservative
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    Table 2 of this unit includes the name and address of record for 
the registrant of the product in Table 1 of this unit.

        Table 2.--Registrant of Affected ACC Product Registration
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              EPA company no.                 Company name and address
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Osmose, Inc.                                980 Ellicott Street
                                            Buffalo, NY 14209-2398
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III. Summary of Public Comments Received and Agency Response to 
Comments

    Only one public comment was received, which is posted on the 
docket. This comment addressed the commenter's concerns about the ACC 
registration in general. The Agency does not believe that the comment 
submitted during the comment period merits further review of OSMOSE's 
request nor a denial of the request for use termination.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA approved the use termination 
for the affected ACC registration identified in Table 1 of Unit II. on 
October 17, 2006. The Agency hereby orders that the ACC product 
registration identified in Table 1 of Unit II. is amended to terminate 
the affected uses. 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 
below 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 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.

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. The order issued in this notice implementing the 
use terminations includes no existing stocks provisions.

List of Subjects

    Environmental protection, Pesticides and pests, Acid Copper 
Chromate, ACC.

    Dated: December 7, 2006.
 Dennis H. Edwards,
Acting Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E6-21400 Filed 12-13-06; 8:45 am]

BILLING CODE 6560-50-S
