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Sulfluramid; Product Cancellation Order

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[Federal Register: May 16, 2008 (Volume 73, Number 96)]
[Notices]
[Page 28468-28469]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my08-72]

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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-1082; FRL-8364-2]

Sulfluramid; Product Cancellation Order

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellation,
voluntarily requested by the registrant and accepted by the Agency, of
products containing the pesticide sulfluramid, pursuant to section
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended. This cancellation order follows a December 19,
2007 Federal Register Notice of Receipt of Request from the sulfluramid
registrant to voluntarily cancel the last remaning sulfluramid
manufacturing-use product (MUP) registration. In the December 19, 2007
notice, EPA indicated that it would issue an order implementing the
cancellation, unless the Agency received substantive comments within
the 30-day comment period that would merit its further review of these
requests, or unless the registrant withdrew their request within this
period. The Agency did not receive any comments on the notice. Further,
the registrant did not withdraw their request. Accordingly, EPA hereby
issues in this notice a cancellation order granting the requested
cancellation. This cancellation order does not cancel the remaining
end-use sulfluramid products currently registered for use in the United
States. Any distribution, sale, or use of the sulfluramid products
subject to this cancellation order is permitted only in accordance with
the terms of this order, including any existing stocks provisions.

DATES: The cancellations are effective May 16, 2008.

FOR FURTHER INFORMATION CONTACT: Rosanna Louie, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0037; fax
number: (703) 308-8005; e-mail address: louie.rosanna@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. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2007-1082. 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 Office of Pesticide Programs (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.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    This notice announces the cancellation, as requested by the sole
technical registrant, of the last registered sulfluramid manufacturing-
use product (MUP) registered under section 3 of FIFRA. Table 1 in this
unit describes the registration information of the affected product.

               Table 1.--Sulfluramid Product Cancellation
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          EPA Registration Number                   Product Name
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352-710                                     Finitron Brand Sulfluramid
                                             Termite MUP
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    Table 2 of this unit includes the name and address of record for
the registrant of the product in Table 1 of this unit by EPA company
number.

        Table 2.--Registrant of the Canceled Sulfluramid Product
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            EPA Company Number                Company Name and Address
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352                                         DuPont Crop Protection, P.O.
                                             Box 30, Newark, DE 19714-
                                             0030
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III. Summary of Public Comments Received and Agency Response to Comments

    During the public comment period provided, EPA received no comments
in response to the December 19, 2007 Federal Register notice announcing
the Agency's receipt of the request for voluntary cancellation of
sulfluramid.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellation of sulfluramid registration identified in Table 1 of Unit
II. Accordingly, the Agency orders that the sulfluramid product
registration identified in Table 1 of Unit II. is hereby canceled. Any
distribution, sale, or use of existing stocks of the products
identified in Table 1 of Unit II. in a manner inconsistent with any of
the Provisions for Disposition of Existing Stocks set forth in Unit VI.
will be considered a violation of FIFRA.

V. 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.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and

[[Page 28469]]

which were packaged, labeled, and released for shipment prior to the
effective date of the cancellation action. The cancellation order
issued in this notice includes the following existing stocks provisions.
    This notice announces EPA's order to cancel the final sulfluramid
MUP registration, which is identified in Table 1 of this notice. Since
DuPont (the only seller) has no existing stocks, EPA is not allowing
any further sale or distribution of the MUP. However, this request does
not cancel the remaining end-use sulfluramid products (the remaining
registered use is for termite control) currently registered in the U.S.
End-use registrants may continue to reformulate any existing stocks of
the MUP currently in their possession until December 31, 2012.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 7, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.

[FR Doc. E8-10919 Filed 5-15-08; 8:45 am]
BILLING CODE 6560-50-S

 
 


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