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Lindane; Notice of Receipt of Requests to Voluntarily Cancel Lindane Pesticide Registrations
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 23, 2006 (Volume 71, Number 163)]
[Notices]
[Page 49445-49447]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au06-61]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2002-0202; FRL-8089-1]
Lindane; Notice of Receipt of Requests to Voluntarily Cancel
Lindane 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 products containing the pesticide lindane. The requests would
terminate the last lindane products registered for use in the U.S. 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 within this
period. Upon acceptance of these requests, 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 September 22, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2002-0202, 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
Building), 2777 S. Crystal Drive, 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 telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2002-0202. 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 Federal regulations.gov Web site is an ³anonymous
access³ 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
[[Page 49446]]
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.
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 Building), 2777 S. Crystal Drive,
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 telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Mark T. Howard, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8172; fax
number: (703) 308-7070; e-mail address: howard.markt@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 requests from registrants
AGSCO Inc., Chemtura USA Corporation, Drexel Chemical Company, and JLM
International Inc. to cancel 12 lindane product registrations. Lindane,
a broad spectrum, organochlorine insecticide, is used as a pre-plant
seed treatment on six crops. In letters dated July 20, 2006 (Chemtura);
July 25, 2006 (AGSCO); July 26, 2006 (Drexel); and July 27, 2006 (JLM),
the registrants requested EPA to cancel the product registrations
identified in this notice (Table 1). This action will terminate the
last lindane products registered under FIFRA in the United States.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of requests from registrants
to cancel lindane product registrations. The specific products and the
registrants making the requests 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 lindane 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.--Lindane Product Registrations with Pending Requests for
Cancellation
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Registration No. Product name Company
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400-490 Gustafson Flowable Chemtura USA
Lindane 40% Corporation
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400-532 Sorghum Guard Chemtura USA
Corporation
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400-538 Gustafson Lindane Chemtura USA
30C Flowable Corporation
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400-539 Gustafson Captan Chemtura USA
Lindane 12.5-25 Corporation
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400-540 Gustafson Vitavax- Chemtura USA
Thiram-Lindane Corporation
Flowable
Fungicide
Insecticide
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554-140 DB-Green L AGSCO Inc
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[[Page 49447]]
554-144 Lindane ST-40 AGSCO Inc
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19713-61 Lindane Technical Drexel Chemical Co
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19713-191 Lindane Technical Drexel Chemical Co
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19713-387 Lindane Flowable Drexel Chemical Co
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19713-401 Lindane 30% Drexel Chemical Co
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82378-1 Lindane Technical JLM International
Inc.
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Table 2 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 of this unit.
Table 2.--Registrants Requesting Voluntary Cancellation
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EPA Company No. Company name and address
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400 Chemtura USA Corporation
199 Benson Road
Middlebury, Connecticut
06749
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554 AGSCO Inc.
PO Box 13458
Grand Forks North Dakota
58208-3458
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19713 Drexel Chemical Co.
1700 Channel Avenue, PO Box
13327
Memphis, Tennessee 38113-
0327
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82378 JLM International Inc.
8675 Hidden River Parkway
Tampa, Florida 33637
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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 Lindane
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 22, 2006. 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
If the request for voluntary cancellation is granted as discussed
above, the effective date of cancellation will be the date of the
cancellation order. EPA intends to issue a cancellation order that will
allow continued sale and/or use of existing stocks until such stocks
are exhausted, provided that such further sale and use is consistent
with the terms of the previously approved labeling on, or that
accompany, the applicable product. It is EPA's intent that the order
will specifically prohibit any use of existing stocks that is not
consistent with such previously approved labeling.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: August 14, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-13955 Filed 8-22-06; 8:45 am]
BILLING CODE 6560-507-S