

[Federal Register: April 18, 2007 (Volume 72, Number 74)]
[Notices]               
[Page 19491-19493]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap07-50]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0103; FRL-8124-4]

 
Pyridate; Notice of Receipt of Requests to Voluntarily Cancel and 
to Terminate Uses of Certain 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 a request by a registrant to voluntarily 
cancel its registrations for all products containing the pesticide 
pyridate. This notice announces receipt by EPA of a request from the 
registrant Syngenta Crop Protection, Inc., to cancel all remaining 
pyridate product registrations. The request would terminate the last 
pyridate products registered for use in the United States. The last 
remaining pyridate products registered under FIFRA Section 3 were 
cancelled in 2004 for failure to pay the required annual maintenance 
fee (See Unit II for Federal Register cite), but there are several 
FIFRA 24(c) Special Local Needs registrations (for weed control on 
mint) that are still active. Syngenta Crop Protection, Inc., the 
registrant for all of the currently registered FIFRA 24(c) products, 
has requested cancellation of all of the remaining pyridate 24(c) 
products. 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 their request within 
this period. Upon acceptance of this request, any sale,

[[Page 19492]]

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 October 15, 2007.

ADDRESSES:  Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2007-0103, 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'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-
2007-0103. 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 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 in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 

Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov web 
site to view the docket index or access available documents. 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 
telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT:  John W. Pates, Jr., Special Review 
and Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: 703-308-8195; fax number: 
703-308-7070; e-mail address: pates.john@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. 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 Requests to Cancel Registrations to 
Delete Uses

     This notice announces receipt by EPA of a request from the 
registrant Syngenta Crop Protection, Inc., to cancel all remaining 
pyridate product registrations. Pyridate is a terrestrial herbicide 
classified as a pyrazole thiocarbonate chlorine.
     In a letter dated January 12, 2007, Syngenta Crop Protection, Inc. 
requested that EPA cancel all product registrations and terminate all 
uses of

[[Page 19493]]

the pesticide product registrations identified in this notice (Table 
1). The request would terminate the last pyridate products registered 
for use in the United States. The last remaining pyridate products 
registered under FIFRA Section 3 were cancelled in 2004 for failure to 
pay the required annual maintenance fee October 27, 2004, (69 FR 62666) 
(FRL 7683-7), but there are several FIFRA 24(c) Special Local Needs 
registrations (for weed control on mint) that are still active. 
Syngenta Crop Protection, Inc. has now requested cancellation of all of 
the remaining pyridate 24(c) registrations. The registrant's request 
will terminate the last pyridate products registered in the United 
States for these uses.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from a registrant 
to cancel all pyridate product registrations. The affected products and 
the registrant making the request are identified in Tables 1 and 2 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 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.
    Because the pyridate registrant has not expressly waived the 180-
day comment period, EPA will provide a 180-day comment period on the 
proposed requests.
    Unless a request is withdrawn by the registrant within 180 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 canceling the affected registrations.

   Table 1.--Pyridate Product Registrations with Pending Requests for
                              Cancellation
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        Registration No.             Product name           Company
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CA010008                          Tough 5EC           Syngenta Crop
                                                       Protection, Inc.
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ID010006                          Tough 5EC           Syngenta Crop
                                                       Protection, Inc.
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IN010001                          Tough 5EC           Syngenta Crop
                                                       Protection, Inc.
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MT010003                          Tough 5EC           Syngenta Crop
                                                       Protection, Inc.
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ND000007                          Tough 5EC           Syngenta Crop
                                                       Protection, Inc.
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OR010005                          Tough 5EC           Syngenta Crop
                                                       Protection, Inc.
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WA010007                          Tough 5EC           Syngenta Crop
                                                       Protection, Inc.
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*WI010005                         Tough 5EC           Syngenta Crop
                                                       Protection, Inc.
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* Section 24c use in Wisconsin (WI010005) has expired and will not be
  reinstated.

    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.--Registrant Requesting Voluntary Cancellation
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              EPA Company No.                 Company name and address
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100                                         Syngenta Crop Protection,
                                             Inc.
                                            P.O. Box 18300
                                            Greensboro, NC 27419-8300
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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 Pyridate

    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 October 15, 2007. 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 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 this request for voluntary cancellation is 
granted, the Agency intends to issue a cancellation order that will 
allow persons other than the registrant to continue to use the FIFRA 
24(c) labels to apply existing stocks of the previously-cancelled 
parent Section 3 product, Tough 5EC (EPA Reg. No. 100-880), to mint, 
provided such use is consistent with the 24(c) labels, until such 
existing stocks are exhausted. The registrant will not be permitted to 
sell or distribute the previously-cancelled parent Section 3 product, 
Tough 5EC (EPA Reg. No. 100-880), but existing stocks already in the 
hands of dealers or users may be distributed, sold or used legally 
until they are exhausted. 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: April 6, 2007.
 Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E7-7258 Filed 4-17-07; 8:45 am]

BILLING CODE 6560-507-S
