
[Federal Register: August 25, 2010 (Volume 75, Number 164)]
[Notices]               
[Page 52340-52342]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au10-64]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0623; FRL-8843-1]

 
Fenoxycarb; Notice of Receipt of Request 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 requests by registrants to voluntarily cancel 
registrations of products containing the pesticide fenoxycarb. The 
request would terminate the last fenoxycarb products registered for use 
in the United States. EPA intends to grant these requests 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 a registrant withdraws its 
request. If these requests are granted, any sale, distribution, or use 
of products listed in this notice will be permitted after the 
registrations have been canceled 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 September 24, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2010-0623, 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-
2010-0623. 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: Katie Weyrauch, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0166; fax 
number: (703) 308-8090; e-mail address: weyrauch.katie@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

[[Page 52341]]

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

    This notice announces receipt by EPA of requests from registrants 
Syngenta Crop Protection, Inc. and Whitmire Micro-Gen Research 
Laboratories, Inc. to cancel fenoxycarb product registrations. 
Fenoxycarb is an O-ethyl carbamate derivative insecticide used to 
control fire ants and big-headed ants on turf, home lawns, agricultural 
areas, non-agricultural areas, horse farms, and ornamental nursery 
stock, among other areas. Fenoxycarb is also used to control a variety 
of insects in greenhouses in a total release fogger product. In letters 
received by the Agency, Syngenta Crop Protection, Inc. and Whitmire 
Micro-Gen Research Laboratories, Inc. requested EPA to cancel pesticide 
product registrations identified in Table 1 of Unit III. This request 
for voluntary cancellation was submitted in response to the data call-
in issued for the Registration Review of fenoxycarb. This action on the 
registrants' requests will terminate the last fenoxycarb products 
registered in the United States.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of requests from registrants 
to cancel fenoxycarb product registrations. The affected products and 
the registrants making the requests are identified in Tables 1 and 2 of 
this unit.
    Unless a request is withdrawn by the registrant or if the Agency 
determines that there are substantive comments that warrant further 
review of this request, EPA intends to issue an order canceling the 
affected registrations. The cancellation of the technical product 
(product number 100-723) will be effective upon publication of the 
final cancellation order. The cancellation of the end-use product 
number 499-437 will be effective upon publication of the final 
cancellation order. The cancellation of the end-use product number 100-
722 will be effective December 31, 2012.

  Table 1.--Fenoxycarb Product Registrations with Pending Requests for
                              Cancellation
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       Registration Number           Product Name           Company
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100-722                           Award Fire Ant      Syngenta Crop
                                   Bait                Protection, Inc.
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100-723                           Fenoxycarb          Syngenta Crop
                                   Technical           Protection, Inc.
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499-437                           Whitmire PT 2120    Whitmire Micro-Gen
                                   TF Prelcude         Research
                                                       Laboratories,
                                                       Inc.
------------------------------------------------------------------------

    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, in 
sequence by EPA company number. This number corresponds to the first 
part of the EPA registration numbers 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
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100                                         Syngenta Crop Protection,
                                             Inc. PO Box 18300
                                             Greensboro, NC 27419-8300
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499                                         Whitmire Micro-Gen Research
                                             Laboratories, Inc. 3568
                                             Tree Court Industrial Blvd.
                                             St. Louis, MO 63122-6682
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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.
    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, FIFRA section 6(f)(1)(C) 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 EPA Administrator determines that continued use of the 
pesticide would pose an unreasonable adverse effect on the environment.
    The fenoxycarb registrants have requested that EPA waive the 180-
day comment period. Accordingly, EPA will provide a 30-day comment 
period on the proposed requests.

V. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product 
cancellation or use deletion should submit the withdrawal in writing to 
the person listed under FOR FURTHER INFORMATION CONTACT. 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.

[[Page 52342]]

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
that are currently in the United States and that were packaged, 
labeled, and released for shipment prior to the effective date of the 
cancellation action. If the requests for voluntary cancellation are 
granted, the Agency intends to publish the cancellation order in the 
Federal Register.
    In any order issued in response to these requests for cancellation 
of product registrations, EPA proposes to include the following 
provisions for the treatment of any existing stocks of the products 
listed in Table 1 of Unit III.
    Syngenta Crop Protection, Inc. may formulate existing stocks of 
product number 100-723 into end-use product until supplies of product 
number 100-723 are exhausted. Syngenta Crop Protection, Inc. will be 
permitted to sell and distribute end-use product (product number 100-
722) until December 31, 2012, the effective date of the cancellation of 
product number 100-722. Thereafter, Syngenta Crop Protection, Inc. will 
be prohibited from selling or distributing the product number 100-722, 
except for export consistent with FIFRA section 17 or for proper 
disposal.
    Whitmire Micro-Gen Research Laboratories, Inc. will be permitted to 
sell and distribute existing stocks of voluntarily canceled end-use 
product (product number 499-437) until December 31, 2013. Thereafter, 
Whitmire Micro-Gen Research Laboratories, Inc. will be prohibited from 
selling or distributing product number 499-437, except for export 
consistent with FIFRA section 17 or for proper disposal.
    Persons other than the registrants may sell, distribute, or use 
existing stocks of the canceled products listed in Table 1 of Unit III, 
until supplies are exhausted, provided that such sale, distribution, or 
use is consistent with the terms of the previously approved labeling 
on, or that accompanied, the canceled products.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 18, 2010.
Peter Caulkins,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.

[FR Doc. 2010-21145 Filed 8-24-10; 8:45 am]
BILLING CODE 6560-50-S

