Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean
| Published date | 03 April 2024 |
| Record Number | 2024-06979 |
| Citation | 89 FR 23010 |
| Court | Environmental Protection Agency |
| Section | Notices |
Federal Register, Volume 89 Issue 65 (Wednesday, April 3, 2024)
[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 23010-23011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06979]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2020-0492; FRL-11842-01-OCSPP]
Existing Stocks Order for Dicamba Products Previously Registered
for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: On February 14, 2024, EPA issued its Existing Stocks Order for
Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-
Tolerant Cotton and Soybean. EPA hereby provides notice of the existing
stocks order. EPA issued the existing stocks order following the
February 6, 2024, order and judgement by the District of Arizona
vacating the registrations for three products, XtendiMax[supreg] with
VaporGrip[supreg] Technology (``XtendiMax''), Engenia[supreg] Herbicide
(``Engenia''), and A21472 Plus VaporGrip[supreg] Technology
(Tavium[supreg] Plus VaporGrip[supreg] Technology) (``Tavium''). As of
February 6, 2024, these products are no longer registered, and it is
unlawful under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) to sell or distribute them except to the extent otherwise
authorized by EPA.
ADDRESSES: The docket for this action, identified under docket
identification (ID) number EPA-HQ-OPP-2020-0492, is available online at
https://www.regulations.gov. Additional instructions on visiting the
docket, along with more information about dockets generally, is
available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone
number: (202) 566-1030; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
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, farm worker 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.
II. What action did the Agency take?
On February 6, 2024, the District of Arizona issued an order and
judgment vacating the registrations of three dicamba products
(XtendiMax[supreg] with VaporGrip[supreg] Technology (EPA Reg. No. 264-
1210) (``XtendiMax''), Engenia[supreg] Herbicide (EPA Reg. No. 7969-
472) (``Engenia''), and A21472 Plus VaporGrip[supreg] Technology
(Tavium[supreg] Plus VaporGrip[supreg] Technology) (EPA Reg. No. 100-
1623) (``Tavium'')) previously registered for over-the-top use on
dicamba-tolerant cotton and soybean. These products are no longer
registered, and it is unlawful under FIFRA to sell or distribute them
except to the extent otherwise authorized by EPA. To allow for the
legal and orderly disposition of those products, EPA issued an existing
stocks order for the three products on February 14, 2024, and revised
the order on March 12, 2024.
III. Provisions for Disposition of Existing Stocks
Pursuant to FIFRA Section 6(a)(1), on February 14, 2024, EPA issued
an existing stocks order for XtendiMax[supreg] with VaporGrip[supreg]
Technology (EPA Reg. No. 264-1210), Engenia[supreg] Herbicide (EPA Reg.
No. 7969-472), and A21472 Plus VaporGrip[supreg] Technology
(Tavium[supreg] Plus VaporGrip[supreg] Technology) (EPA Reg. No. 100-
1623). EPA revised the order on March 12, 2024. The order will remain
in effect unless or until subsequent action is taken. The issuance of
the order did not follow a public hearing. EPA's issuance of the order
is a final agency action, judicially reviewable under FIFRA Sec. 16(a)
(7 U.S.C. 136n). Any sale, distribution, or use of existing stocks of
these products inconsistent with the order is prohibited.
For purposes of the order, ``existing stocks'' is defined as those
stocks of previously registered pesticide products that are currently
in the United States and were packaged, labeled, and released for
shipment prior to February 6, 2024 (the effective date of the District
of Arizona's vacatur of the dicamba registrations). Pursuant to FIFRA
section 6(a)(1), the order issued on February 14, 2024 (and revised on
March 12, 2024) includes the following existing stocks provisions:
1. Sale or Distribution by the Registrants. As of February 6, 2024,
sale or distribution by the registrants of these products is
prohibited, except for the purposes of proper disposal or to facilitate
lawful export.
[[Page 23011]]
2. Sale or Distribution by Persons other than the Registrants.
Persons other than the registrants, including but not limited to co-ops
and commercial distributors, who are already in possession of these
products as of February 6, 2024, may sell or distribute these products
until the end date for sale and distribution of existing stocks
identified in Tables 1 or 2 (depending on your state); except that such
persons may distribute these products after the date identified in
Tables 1 or 2 solely for purposes of proper disposal, lawful export, or
to facilitate return to the manufacturer.
3. Distribution or Sale by Commercial Applicators. Notwithstanding
paragraph 2, for the purpose of facilitating use no later than the
relevant end date for use of existing stocks identified in Tables 1 or
2, distribution or sale of existing stocks of these dicamba products
that are in the possession of commercial applicators is permitted until
the relevant end date for use in Tables 1 or 2.
4. Use of Existing Stocks. As of the date of the order, use of
XtendiMax, Engenia, and Tavium is permitted until the relevant date
identified in Tables 1 or 2, provided that such use of existing stocks
is consistent in all respects with the previously approved labeling
accompanying the product.
Table 1--End Dates for Sale, Distribution, and Use of Existing Stocks
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End date for sale &
distribution of End date for use of
State(s) existing stocks for existing stocks
use (para. 2) (paras. 3 & 4) *
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IA, IL, IN.................. Sale & Distribution Use of XtendiMax,
of XtendiMax, Engenia, or Tavium:
Engenia, or Tavium: June 12, 2024, or
May 13, 2024. V4 growth stage
(soybean) or 1st
square growth stage
(cotton) in 2024,
whichever comes
first.
MN.......................... Sale & Distribution Use of XtendiMax,
of XtendiMax, Engenia, or Tavium
Engenia, or Tavium south of I-94: June
to Purchasers South 12, 2024.
of I-94: May 13, Use of XtendiMax,
2024. Engenia, or Tavium
Sale & Distribution north of I-94: June
of XtendiMax, 30, 2024.
Engenia, or Tavium
to Purchasers North
of I-94: May 31,
2024.
SD.......................... Sale & Distribution Use of XtendiMax,
of XtendiMax, Engenia, or Tavium:
Engenia, or Tavium: June 20, 2024.
May 21, 2024.
AL, AZ, CO, DE, FL Sale & Distribution Use of XtendiMax,
(excluding Palm Beach of XtendiMax, Engenia, or Tavium
County), GA, KS, KY, LA, Engenia, or Tavium on Dicamba-Tolerant
MD, MI, MS, MO, NE, NJ, NM, for Use on Dicamba- Soybean: June 30,
NY, NC, ND, OH, OK, PA, SC, Tolerant Soybean: 2024.
TN (excluding Wilson May 31, 2024. Use of XtendiMax,
County), TX, VA, WV, WI. Sale & Distribution Engenia, or Tavium
of XtendiMax, on Dicamba-Tolerant
Engenia, or Tavium Cotton: July 30,
for Use on Dicamba- 2024.
Tolerant Cotton:
June 30, 2024.
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* The end dates for the use of existing stocks outlined in this Table
are consistent with the application cut-off dates on the previously
approved labeling of the formerly registered dicamba products at the
time of vacatur. EPA believes these cut-off dates are appropriate
because they will minimize confusion amongst the grower community.
Furthermore, establishing cut-off dates in the existing stocks order
consistent with those on the previously approved labeling is expected
to encourage lawful use.
Table 2--End Dates for Sale, Distribution, and Use of Existing Stocks in
Arkansas
------------------------------------------------------------------------
End date for sale &
distribution of End date for use of
State existing stocks for existing stocks
use (para. 2) (paras. 3 & 4)
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AR.......................... Sale & Distribution Use of XtendiMax,
of XtendiMax, Engenia, or Tavium:
Engenia, or Tavium: June 30, 2024.
May 31, 2024.
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* The end date for the use of existing stocks outlined in this Table is
consistent with the application cut-off date under Ark. Admin. Code
209.02.4-XIII. EPA did not intend its February 14, 2024, order to
allow use of these dicamba products beyond any state-imposed
application cutoff dates. Nevertheless, EPA added this cut-off date to
the order to provide clarity to users in Arkansas.
Additional information regarding the existing stocks order may be
found in https://www.regulations.gov/docket/EPA-HQ-OPP-2020-0492.
Authority: 7 U.S.C. 136 et seq.
Dated: March 26, 2024.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-06979 Filed 4-2-24; 8:45 am]
BILLING CODE 6560-50-P
