
[Federal Register: August 27, 2008 (Volume 73, Number 167)]
[Notices]               
[Page 50614-50616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au08-40]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0540;FRL-8378-4]

 
Bromonitrostyrene: Notice of Receipt of Requests to Voluntarily 
Cancel 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 request by registrants to voluntarily cancel 
certain pesticide registrations.

DATES: Unless a request is withdrawn by September 26, 2008 for 
registrations for which the registrant requested a waiver of the 180-
day comment period, orders will be issued canceling these 
registrations. The Agency will consider withdrawal requests postmarked 
no later September 26, 2008, whichever is applicable. Comments must be 
received on or before September 26, 2008.

ADDRESSES: Submit your comments and your withdrawal request, identified 
by docket identification (ID) number EPA-HQ-OPP-2007-0540, 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

[[Page 50615]]

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-
2007-0540. 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 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 
website 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 Facility telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT:  ShaRon Carlisle, Antimicrobials 
Division (7510P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-6427; e-mail address: 
sharon.carlisle@epa.gov.

SUPPLEMENTARY INFORMATION:

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. 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. What Action is the Agency Taking?

    This notice announces receipt by the Agency of applications from 
registrants to cancel the active ingredient bromonitrostyrene; there 
are six (6) pesticide products registered under section 3 or 24(c) of 
FIFRA for this active ingredient. These registrations are listed in 
sequence by registration number (or company number and 24(c) number) in 
Table 1 of this unit:

     Table 1.--Registrations with Pending Requests for Cancellation
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        Registration No.             Product Name        Chemical Name
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464-683                           Giv-Gard BNS 25%    Bromonitrostyrene
                                   AF
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464-684                           Bioban BNS 25% BA   Bromonitrostyrene
                                   Industrial
                                   Preservative
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464-686                           Canguard 777        Bromonitrostyrene
                                   Industrial
                                   Preservative
------------------------------------------------------------------------
74655-5                           Spectrum R-41       Bromonitrostyrene
------------------------------------------------------------------------
74655-8                           Spectrum RX-45      Bromonitrostyrene
------------------------------------------------------------------------

[[Page 50616]]


74655-13                          Spectrum RX-52      Bromonitrostyrene
------------------------------------------------------------------------

     A request to waive the 180-day comment period has been received 
for registration numbers 464-683, 464-684, 464-686, 74655-5, 74655-8 
and 74655-13. Therefore, the 30 day comment period will apply for these 
registrations.
     Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, orders will be issued canceling all of 
these registrations. Users of these pesticides or anyone else desiring 
the retention of a registration should contact the applicable 
registrant directly during this 30-day period.
    Table 2 of this unit includes the names and addresses of record for 
all registrants of the products in Table 1 of this unit, in sequence by 
EPA company number:

         Table 2.--Registrants Requesting Voluntary Cancellation
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             EPA Company No.                 Company Name and Address
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464                                        The Dow Chemical Company
                                           1500 E. Lake Cook Road.....
                                           Buffalo Grove,IL 60089.....
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74655                                      Hercules Incorporated
                                           Paper Technology and
                                            Ventures.
                                           7910 Baymeadows Way........
                                           Jacksonville, FL 32256.....
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III. 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. 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, the Administrator may approve such a request.

IV. Procedures for Withdrawal of Request

    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 September 26, 2008. 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 product(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. The withdrawal request must also 
include a commitment to pay any reregistration fees due, and to fulfill 
any applicable unsatisfied data requirements.

V. Provisions for Disposition of Existing Stocks

    The effective date of cancellation will be the date of the 
cancellation order. The orders effecting these requested cancellations 
will generally permit a registrant to sell or distribute existing 
stocks for 1 year after the date the cancellation request was received. 
This policy is in accordance with the Agency's statement of policy as 
prescribed in the Federal Register of June 26, 1991 (56 FR 29362) (FRL-
3846-4). Exceptions to this general rule will be made if a product 
poses a risk concern, or is in noncompliance with reregistration 
requirements, or is subject to a data call-in. In all cases, product-
specific disposition dates will be given in the cancellation orders.
    Existing stocks are those stocks of registered pesticide products 
which are currently in the United States and which have been packaged, 
labeled, and released for shipment prior to the effective date of the 
cancellation action. Unless the provisions of an earlier order apply, 
existing stocks already in the hands of dealers or users can be 
distributed, sold, or used legally until they are exhausted, provided 
that such further sale and use comply with the EPA-approved label and 
labeling of the affected product. Exception to these general rules will 
be made in specific cases when more stringent restrictions on sale, 
distribution, or use of the products or their ingredients have already 
been imposed, as in a special review action, or where the Agency has 
identified significant potential risk concerns associated with a 
particular chemical.

List of Subjects

    Environmental protection, Pesticides and pests, Antimicrobials, 
Bromonitrostyrene.

    Dated: August 20, 2008.
Mark A. Hartman,
Acting Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E8-19760 Filed 8-26-08; 8:45 a.m.]

BILLING CODE 6560-50-S
