

[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Notices]               
[Page 65573-65574]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no07-53]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0103; FRL-8339-3]

 
Pyridate; Product Cancellation Order to Terminate Uses of Certain 
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellation, 
voluntarily requested by the registrant and accepted by the Agency, of 
products containing the pesticide pyridate, pursuant to section 6(f)(1) 
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as 
amended. This cancellation order follows an April 18, 2007, Federal 
Register Notice of Receipt of Request from the pyridate registrant to 
voluntarily cancel all of its pyridate section 24(c) product 
registrations registered under FIFRA. These are the last pyridate 
products registered for use in the United States. In the April 18, 
2007, notice, EPA indicated that it would issue an order implementing 
the cancellation, 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 its request within 
this period. The Agency received one comment on the notice but it did 
not merit further review of the request. Further, the registrant did 
not withdraw the request. Accordingly, EPA hereby issues in this notice 
a cancellation order granting the requested cancellation to terminate 
uses. Any distribution, sale, or use of the pyridate products subject 
to this cancellation order is permitted only in accordance with the 
terms of this order, including any existing stocks provisions.

DATES: The cancellations are effective November 21, 2007.

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-

[[Page 65574]]

8195; fax number: (703) 308-8005; 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. 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-2007-0103. 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 through Friday, excluding legal 
holidays. The Docket Facility 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 cancellation to terminate use, as 
requested by the registrant, of all section 24(c) pyridate products 
registered under FIFRA. These registrations are listed in sequence by 
registration number in Table 1 of this unit.

                Table 1.--Pyridate Product Cancellations
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          EPA Registration Number                   Product Name
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CA010008                                    Tough 5EC
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ID010006                                    Tough 5EC
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IN010001                                    Tough 5EC
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MT010003                                    Tough 5EC
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ND000007                                    Tough 5EC
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OR010005                                    Tough 5EC
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WA010007                                    Tough 5EC
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WI010005                                    Tough 5EC
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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.

           Table 2.--Registrant of Canceled Pyridate Products
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            EPA Company Number                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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III. Summary of Public Comments Received and Agency Response to 
Comments

    During the public comment period provided, EPA received one comment 
in response to the Federal Register notice of April 18, 2007 (72 FR 
19491) (FRL-8124-4), announcing the Agency's receipt of the request for 
voluntary cancellation. The comment received was a request for an 
extension of the Special Local Need label to allow the use of existing 
stocks of pyridate by mint growers. However, the Federal Register 
notice already specified that mint growers may use the FIFRA 24(c) 
labels to apply existing stocks of the previously-canceled parent 
product, Tough EC (EPA Reg. No. 100-880) to mint, until such existing 
stocks are exhausted. For this reason, the Agency does not believe that 
the comment submitted during the comment period merits further review 
or a denial of the request for voluntary cancellation.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellation to terminate use of the pyridate FIFRA section 24(c) 
registrations identified in Table 1. Accordingly, the Agency orders 
that the pyridate FIFRA 24(c) registrations identified in Table 1 are 
hereby canceled. 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 
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 cancellation order issued in this notice 
includes the following existing stocks provisions.
    The Agency intends to allow persons other than the registrant to 
continue to use the FIFRA section 24(c) labels to apply existing stocks 
of the previously-canceled parent section 3 product, Tough 5EC (EPA 
Reg. No. 100-880), to mint, provided such use is consistent with the 
section 24(c) labels, until such existing stocks are exhausted. The 
registrant will not be permitted to sell or distribute the previously-
canceled 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.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 13, 2007,
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E7-22663 Filed 11-20-07; 8:45 am]

BILLING CODE 6560-50-S
