
[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Notices]
[Pages 83833-83836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28096]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0618; FRL-9954-80]


Notice of Receipt of Requests To Voluntarily Cancel Certain 
Pesticide Registrations and Amend Registrations To Terminate Certain 
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests 
by the registrants to voluntarily cancel their registrations of certain 
products containing the active ingredients dimethomorph, metiram, 
profenofos, propoxur, and sodium acifluorfen and to amend certain 
captan and propoxur product registrations to terminate one or more 
uses. For captan, if granted, the requests would terminate the last 
U.S. registered use on dichondra, grasses (lawn seed beds), turf (golf 
courses and sod farms), and turf grasses (golf courses and ornamentals 
in non-pastured areas). For propoxur, if granted, the requests would 
terminate the last indoor use of aerosol, spray, and liquid 
formulations, and terminate the last uses in food handling 
establishments and for indoor crack and crevice. The requests, if 
granted, would not cancel the last captan, dimethomorph, propoxur, and 
sodium acifluorfen products registered for use in the United States. 
The requests, if granted, would cancel the last profenofos and metiram 
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 requests, or unless 
the registrants withdraw their requests. If these requests are granted, 
any sale, distribution, or use of products listed in this notice will 
be permitted after the affected registrations have been cancelled/use 
terminated 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 December 22, 2016.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2016-0618, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Brittany Pruitt, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (703) 347-0289; email 
address: pruitt.brittany@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.

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 email. 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 preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background on the Receipt of Requests To Cancel and/or Amend 
Registrations To Terminate Certain Uses

    This notice announces receipt by EPA of requests from ABC 
Compounding Company, Inc.; Albaugh, LLC; Bonide Products, Inc.; BASF 
Corporation; Wellmark International; FMC Corporation; Summit Chemical 
Company; Sungro Products, LLC.; Syngenta Crop Protection; and Whitmore 
Micro-Gen to cancel certain product registrations or amend 
registrations to terminate certain uses of certain product 
registrations.
    Captan is a broad spectrum fungicide registered for use on fruit 
and nut trees, grapes, berries, vegetables, corn, soybeans, cereal 
grains, and forage crops. In addition, captan is registered for use as 
a seed and seed piece treatment, as a preplant root dip, and as a post-
harvest fruit dip. Captan is also registered for use on ornamentals and 
turf. In a letter dated October 5, 2016, Albaugh requested that EPA 
amend the technical and product registrations listed in Table 2 of Unit 
III of this document to terminate certain uses, including turf. If 
granted, the requests will result in termination of the last U.S. 
registered use of captan on dichondra, grasses (lawn seed beds), turf 
(golf courses and sod farms), and turf grasses (golf courses and 
ornamentals in non-pastured areas).
    Dimethomorph is a systemic fungicide registered for use to control 
downy mildew, late blight, and crown

[[Page 83834]]

and root rot on plants. It is a cinnamic acid derivative and a member 
of the morpholine chemical family. Dimethomorph is used on numerous 
agricultural crops including leafy vegetables, bulb vegetables, 
fruiting vegetables, potatoes, tobacco, and tomatoes. In a letter dated 
March 8, 2016, BASF Corporation requested that EPA cancel five product 
registrations containing dimethomorph, identified in Table 1 of Unit 
III. If granted, this request will not result in cancellation of the 
last dimethomorph pesticide products registered for use in the United 
States.
    Metiram is a broad spectrum fungicide that belongs to the ethylene 
bisdithiocarbamate (EBDC) group of fungicides. Metiram is registered 
for use to control scab and rust diseases on apples, early and late 
blight diseases on potatoes, and anthracnose disease on leather leaf 
ferns. In letters dated September 28, 2016 and October 24, 2016, BASF 
Corporation requested that EPA cancel three metiram product 
registrations. These registrations are identified in Table 1 of Unit 
III. If granted, this request will result in the cancellation of the 
last metiram pesticide products registered for use in the United 
States.
    Profenofos is an organophosphate insecticide registered for use on 
cotton. The main target pests for profenofos are lepidopterans; 
however, other alternatives are available. In a letter dated September 
28, 2016, Syngenta Corporation requested that EPA cancel two product 
registrations containing profenofos. These registrations are identified 
in Table 1 of Unit III. If granted, this request will result in 
cancellation of the last profenofos pesticide products registered for 
use in the United States.
    Propoxur is an insecticide registered for use to kill a variety of 
insects including crickets, ants, cockroaches, silverfish and other 
pests. It is registered for use in and around industrial, 
institutional, commercial, and residential facilities. The propoxur 
preliminary human health risk assessment (Propoxur: Human Health 
Preliminary Risk Assessment for Registration Review, May 22, 2015) 
identified dietary and residential post-application risks of concern 
for indoor crack and crevice applications (liquid and aerosol 
formulations) in institutional settings (i.e., hospitals, dormitories) 
and in food handling establishments (FHE). The technical registrant, 
Wellmark International, voluntarily requested amendments to terminate 
these uses to mitigate the risks of concern. The technical 
registrations were amended and the uses were terminated effective 
September 22, 2015 (80 FR 57179; FRL-9933-58). Subsequently, in letters 
dated April 11, 2016, April 12, 2016, April 27, 2016, May 6, 2016, and 
July 22, 2016, ABC Compounding Company, Inc., Wellmark International, 
FMC Corporation, Summit Chemical Company, Sungro Products, LLC., and 
Whitmore Micro-Gen requested that EPA cancel certain propoxur 
registrations and/or amend to terminate certain uses of propoxur 
pesticide product registrations identified in Tables 1 and 2 of Unit 
III. Specifically, the registrants requested that the following uses 
and formulations be terminated: all indoor aerosol, spray, and liquid 
formulations of propoxur; use in food handling establishments; and 
indoor crack and crevice use. If granted, these requests will result in 
cancellation of and/or amendment to terminate these uses of propoxur 
pesticide products registered in the United States. FMC Corporation, an 
end-use propoxur registrant, requested voluntary cancellation of their 
end-use propoxur product registered for the terminated uses with an 
effective cancellation date of December 31, 2017. EPA anticipates 
granting an effective cancellation date of December 31, 2017 for the 
propoxur product registrations identified in Tables 1 of Unit III, 
which will allow the registrants to sell and distribute existing stocks 
of these products until December 31, 2017. Thereafter, registrants will 
be prohibited from selling or distributing the propoxur products 
identified in Table 1 of Unit III., except for export consistent with 
FIFRA section 17 (7 U.S.C. 136o) or for proper disposal.
    Sodium acifluorfen is a selective, diphenyl ether herbicide and a 
light dependent peroxidizing herbicide (LDPH) registered for use for 
post-emergent weed control on soybeans, peanuts, rice, and 
strawberries. In a letter dated February 26, 2016, Bonide Products Inc. 
requested that EPA cancel one product registration containing sodium 
acifluorfen identified in Table 1 of Unit III. If granted, this request 
will cancel the last sodium acifluorfen pesticide product registered 
for residential use in the United States.

III. What action is the agency taking?

    This notice announces receipt by EPA of requests from registrants 
to cancel certain product registrations of dimethomorph, metiram, 
profenofos, propoxur, and sodium acifluorfen and to amend certain 
captan and propoxur product registrations to terminate one or more 
uses. The affected products and the registrants making the requests are 
identified in Tables 1-3 of this unit.
    Unless requests are withdrawn by the registrants or if the Agency 
determines that there are substantive comments that warrant further 
review of these requests, EPA intends to issue an order canceling the 
affected registrations and amending to terminate certain uses of the 
affected registrations for which the Agency received use termination 
requests.

     Table 1--Dimethomorph, Metiram, Profenofos, Propoxur and Sodium
Acifluorfen Product Registrations With Pending Requests for Cancellation
------------------------------------------------------------------------
    Registration No.            Product name               Company
------------------------------------------------------------------------
4-433..................  Bonide Kleen up Grass and  Bonide Products Inc.
                          Weed Killer, Ready to
                          Use.
100-598................  Profenofos Technical.....  Syngenta Crop
                                                     Protection.
100-699................  Curacron 8E..............  Syngenta Crop
                                                     Protection.
279-3395...............  CB Invader with Propoxur.  FMC Corporation.
241-383................  Acrobat MZ Fungicide.....  BASF Corporation.
241-395................  Acrobat MZ WDG Fungicide.  BASF Corporation.
241-410................  Acrobat 50 WP Fungicide..  BASF Corporation.
241-411................  Stature MZ Fungicide.....  BASF Corporation.
241-419................  Stature DM Fungicide.....  BASF Corporation.
3862-135...............  Drop Dead................  ABC Compounding
                                                     Company, Inc.
6218-24................  Permacide Plus...........  Summit Chemical
                                                     Company.
7969-105...............  Polyram 80 DF............  BASF Corporation.
7969-321...............  Cabrio Plus Fungicide....  BASF Corporation.
11556-33...............  Sendran Technical........  Bayer Healthcare,
                                                     LLC.

[[Page 83835]]

 
89459-39...............  Prentox Prenbay 1.5 BC...  Central Garden & Pet
                                                     Company.
89459-28...............  Prentox Prenbay 1% Oil...  Central Garden & Pet
                                                     Company
FL980001...............  Polyram 80 DF............  BASF Corporation.
------------------------------------------------------------------------


             Table 2--Captan and Propoxur Product Registrations With Pending Requests for Amendment
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      Registration No.               Product name                 Company              Uses to be terminated
----------------------------------------------------------------------------------------------------------------
42750-230...................  Captan Technical.........  Albaugh LLC.............  Turf (golf courses and sod
                                                                                    farms), seed beds and
                                                                                    greenhouse bench treatment.
42750-231...................  Captan 80 DF.............  Albaugh LLC.............  Dichondra, turf grasses (golf
                                                                                    courses, ornamental in non-
                                                                                    pastured areas only),
                                                                                    grasses (lawn seedbeds),
                                                                                    turf (sod farms).
42750-235...................  Captan 50% WP............  Albaugh LLC.............  Dichondra, turf grasses
                                                                                    (ornamentals in non-pastured
                                                                                    areas only), grasses (lawn
                                                                                    seedbeds).
42750-236...................  Captan 39.75% FL.........  Albaugh LLC.............  Dichondra, turf grasses
                                                                                    (ornamental in non-pastured
                                                                                    areas only), grasses (lawn
                                                                                    seed beds).
84396-12....................  Sungro Residual Spray....  Sungro Products, LLC....  Indoor aerosol, spray, and
                                                                                    liquid formulations; use in
                                                                                    food handling establishments
                                                                                    and indoor crack and crevice
                                                                                    use.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for 
the registrants of the products listed in Table 1 and Table 2 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 and Table 2 of this unit.

Table 3--Registrants Requesting Voluntary Cancellation and/or Amendments
------------------------------------------------------------------------
       EPA company No.                  Company name and address
------------------------------------------------------------------------
4............................  Bonide Products, Inc., 6301 Sutliff Road,
                                Oriskany, NY 13424.
100..........................  Syngenta Crop Protection, P.O. Box 18300,
                                Greensboro, NC 27419.
241..........................  BASF Corporation, 29 Davis Drive,
                                Research Triangle Park, NC 27709.
279..........................  FMC Corporation, 1735 Market Street,
                                Philadelphia, PA 19103.
3862.........................  ABC Compounding Company, Inc., P.O. Box
                                16247, Atlanta, GA 30321.
6218.........................  Summit Chemical Company, 8322 Sharon
                                Drive, Frederick, MD 21704.
11556........................  Bayer Healthcare, LLC., P.O. Box 390,
                                Shawnee Mission, KS 66201.
7696.........................  BASF Corporation, P.O. Box 13528,
                                Research Triangle Park, NC. 27709.
42750........................  Albaugh LLC., P.O. Box 2127, Valdosta, GA
                                31604-2127.
84396........................  Sungro Products, LLC., 810 E. 18th
                                Street, Los Angeles, CA 90021.
89459........................  Central Garden & Pet Company, 1501 E.
                                Woodfield Road, Suite 200,
                               West Schaumburg, IL 60173.
------------------------------------------------------------------------

IV. What is the agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a 
registrant of a pesticide product may at any time request that any of 
its pesticide registrations be cancelled 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 (7 U.S.C. 136d(f)(1)(B)) 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) 
(7 U.S.C. 136d(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 captan, dimethomorph, metiram, profenofos, propoxur and sodium 
acifluorfen 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 termination should submit the withdrawal in writing 
to the person listed under FOR FURTHER INFORMATION CONTACT. If the 
products(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.

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

[[Page 83836]]

the action. If the requests for voluntary cancellation and amendments 
to terminate uses 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 and for amendments to terminate uses, EPA 
proposes to include the following provisions for the treatment of any 
existing stocks of the products listed in Tables 1 and 2 of Unit III.

A. For Propoxur Products 279-3395, 3862-135, 6218-24, 11556-33, 89459-
39, 89459-28 Identified in Table 1 of Unit III

    FMC Corporation requested that the voluntary cancellation of 
propoxur begin on December 31, 2017. EPA anticipates allowing the 
registrants to sell and distribute existing stocks of these products 
until December 31, 2017, which will be the effective product 
cancellation date. Thereafter, registrants will be prohibited from 
selling or distributing the propoxur products identified in Table 1 of 
Unit III., except for export consistent with FIFRA section 17 (7 U.S.C. 
136o) or for proper disposal.
    Persons other than the registrant may sell, distribute, or use 
existing stocks of the affected cancelled products 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 cancelled products.

B. For All Other Products Identified in Table 1 of Unit III

    For the other voluntary product cancellations noted, registrants 
will be permitted to sell and distribute existing stocks of voluntarily 
cancelled products for 1 year after the effective date of the 
cancellation, which will be the date of publication of the cancellation 
order in the Federal Register. Thereafter, registrants will be 
prohibited from selling or distributing the products identified in 
Table 1 of Unit III., except for export consistent with FIFRA section 
17 (7 U.S.C. 136o) or for proper disposal.
    Once EPA has approved product labels reflecting the requested 
amendments to terminate uses, the registrant will be permitted to sell 
or distribute products under the previously approved labeling for a 
period of 18 months after the date of Federal Register publication of 
the cancellation order, unless other restrictions have been imposed. 
Thereafter, the registrant will be prohibited from selling or 
distributing the products whose labels include the deleted uses 
identified in Table 2 of Unit III., except for export consistent with 
FIFRA section 17 or for proper disposal.
    Persons other than the registrant may sell, distribute, or use 
existing stocks of the affected cancelled products 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 cancelled products.

    Authority: 7 U.S.C. 136 et seq.

    Dated: November 14, 2016.
Yu-Ting Guilaran,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2016-28096 Filed 11-21-16; 8:45 am]
 BILLING CODE 6560-50-P


