[Federal Register: March 19, 2008 (Volume 73, Number 54)]
[Notices]
[Page 14802-14804]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr08-54]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2004-0162; FRL-8354-3]
Napropamide; Notice of Receipt of Request to Voluntarily Amend to
Terminate Uses of Napropamide 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 two registrants to voluntarily amend
their napropamide registrations to terminate certain uses. The request
would terminate napropamide use in or on apple, apricot, artichoke,
avocado, cherry, fig, grapefruit, lemons, nectarine, olive, orange,
peach, pear, pistaschio, plum, pomegranate, prunes, tangerine, tangelo
and walnut crops. The request would not terminate the last napropamide
product 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 its 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 April 18, 2008.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2004-0162, 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.
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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
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-
2004-0162. 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: James Parker, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 306-0469; fax
number: (703) 308-7070; e-mail address: parker.james@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
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 registrants
Gharda Chemicals Limited and Gharda Polymers USA, Inc. (Gharda) to
delete several uses from their napropamide product registrations.
Napropamide is an herbicide used to control broad leaf weeds and
grasses on various fruit and vegetable crops. In an e-mail dated
February 1, 2008, Gharda requested EPA to terminate use on the
following commodities: Apple, apricot, artichoke, avocado, cherry
(fruit), fig, grapefruit, lemons, nectarine, olive, orange, peach,
pear, pistachio, plum, pomegranate, prunes, tangerine, tangelo and
walnut crops. The specific products for which Gharda is requesting
these use deletions are identified in Table 1 of this notice. These
product registration amendments will not terminate the last napropamide
product registered for use in the United States.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from Gharda to
amend its napropamide product registrations to terminate the following
uses: Apple, apricot, artichoke, avocado, cherry (fruit), fig,
grapefruit, lemons, nectarine, olive, orange, peach, pear, pistachio,
plum, pomegranate, prunes, tangerine, tangelo and walnut crops. The
affected
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products and the registrants making the request are identified in
Tables 1 and 2 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:
1. The registrants request a waiver of the comment period, or
2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
The napropamide registrants have requested that EPA waive the 180-
day comment period. Accordingly, EPA will provide a 30-day comment
period on the proposed request.
Unless this request is withdrawn by one of the registrant within 30
days of publication of this notice, or unless the Agency determines
that there are substantive comments that warrant further review of this
request, an order will be issued amending the affected registrations.
Table 1.--Napropamide Product Registrations with Pending Requests for Cancellation
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Registration Number Product Name Company
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33658-22 Gharda Napropamide Technical Gharda Chemicals LTD
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83223-1 Napropamide 80 MUP Gharda Polymers USA Inc.
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83223-4 Regatta 75WG Agricultural Gharda Polymers USA, Inc.
Herbicide
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83223-5 Regatta 75WG Ornamental Herbicide Gharda Polymers USA, Inc.
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83223-6 Regatta 2G Ornamental Herbicide Gharda Polymers USA, Inc.
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83223-7 Regatta Ornamental Herbicide Gharda Polymers USA, Inc.
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83223-8 Regatta 10G Herbicide Gharda Polymers USA, Inc.
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Table 2.--Registrants Requesting Voluntary Cancellation and/or
Amendments
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EPA Company Number Company Name and Address
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33658 Gharda Chemicals LTD
660 Newtown - Yardley Road,
STE 105
Newtown, Pennsylvania 18940
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83223 Gharda Polymers USA, Inc.
660 Newtown - Yardley Road,
STE 105
Newtown, Pennsylvania 18940
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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 Napropamide
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 April 18, 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 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.
If the request for voluntary use termination is granted as
discussed in this unit, the Agency intends to issue a cancellation
order that will allow persons other than the registrant to continue to
sell and/or use existing stocks of cancelled 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 cancelled
product. The order will specifically prohibit any use of existing
stocks that is not consistent with such previously approved labeling.
If, as the Agency currently intends, the final cancellation order
contains the existing stocks provision just described, the order will
be sent only to the affected registrants of the cancelled products. If
the Agency determines that the final cancellation order should contain
existing stocks provisions different than the ones just described, the
Agency will publish the cancellation order in the Federal Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: March 6, 2008.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-5294 Filed 3-18-08; 8:45 am]
BILLING CODE 6560-50-S