[Federal Register Volume 74, Number 226 (Wednesday, November 25, 2009)]
[Notices]
[Pages 61681-61683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28057]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0787; FRL-8798-6]
Difenzoquat; Notice of Receipt of Request to Voluntarily Cancel
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 the registrant to voluntarily cancel
their registrations of products containing the pesticide difenzoquat.
The request would terminate difenzoquat use on barley and wheat. The
request would terminate the last difenzoquat products registered for
use in the United States. 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, 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 December 28, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0787, 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-
2009-0787. 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
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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: Eric Miederhoff, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 347-8028; fax
number: (703) 308-7070; e-mail address: [email protected].
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 and/or Amend
Registrations to Delete Uses
This notice announces receipt by EPA of a request from registrant
AMVAC Chemical Corporation to cancel all 3 product registrations for
the herbicide difenzoquat. Difenzoquat is registered for use on only
two crops, wheat and barley. In a letter dated November 2, 2009, AMVAC
Chemical Corporation requested EPA to cancel the affected product
registrations identified in Table 1 of this notice. If the registrant's
request is granted, the last difenzoquat products registered in the
United States will be canceled effective December 31, 2009.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from a registrant
to cancel difenzoquat product registrations. The affected products and
the registrants making the requests are identified in Table 1 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: The registrants
request a waiver of the comment period, or; the Administrator
determines that continued use of the pesticide would pose an
unreasonable adverse effect on the environment.
The difenzoquat registrants have requested that EPA waive the 180-
day comment period. EPA will provide a 30-day comment period on the
proposed requests.
Unless a request is withdrawn by the registrant within 30 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. -- Difenzoquat Product Registrations with Pending Requests for
Cancellation
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Registration Number Product Name Company
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5481-536 Avenge Technical AMVAC Chemical
Herbicide Corporation
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5481-537 Avenge Wild Oat AMVAC Chemical
Herbicide Corporation
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5481-538 Avenge SG Wild Oat AMVAC Chemical
Herbicide Corporation
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Table 2, of this unit includes the name and address of record for
the
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registrant of the products listed in Table 1 of this unit.
Table 2. -- Registrant Requesting Voluntary Cancellation and/or
Amendments
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EPA Company Number Company Name and Address
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5481 AMVAC Chemical Corporation,
4695 Macarthur Court, Suite
1250,
Newport Beach, CA 92660-1706
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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 Difenzoquat
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 December 28, 2009. 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.
In any order issued in response to these requests for cancellation
of difenzoquat product registrations, EPA proposes to include the
following provisions for the treatment of any existing stocks of the
products identified or referenced in Table 1 in Unit III.
If the request for voluntary cancellation is granted as discussed
in this unit, the Agency proposes to issue a cancellation order that
will allow AMVAC to sell and distribute existing stocks of the products
identified in Unit III. until December 31, 2010. All sale or
distribution of existing stocks by AMVAC is prohibited after December
30, 2010, unless that sale or distribution is solely for the purpose of
facilitating disposal or export of the product.
The Agency will allow persons other than the registrant to continue
to sell and/or use existing stocks of canceled products until such
stocks are exhausted, provided that such use is consistent with the
terms of the previously approved labeling on, or that accompanied, the
canceled product. The order will specifically prohibit any use of
existing stocks that is not consistent with such previously approved
labeling. The Agency will publish the cancellation order in the Federal
Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: November 12, 2009.
Peter Caulkins,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. E9-28057 Filed 11-24-09; 8:45 am]
BILLING CODE 6560-50-S