Product Cancellation Order for Certain Pesticide Registrations

Published date04 March 2024
Record Number2024-04495
Citation89 FR 15571
CourtEnvironmental Protection Agency
SectionNotices
Federal Register, Volume 89 Issue 43 (Monday, March 4, 2024)
[Federal Register Volume 89, Number 43 (Monday, March 4, 2024)]
                [Notices]
                [Pages 15571-15572]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-04495]
                [[Page 15571]]
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                ENVIRONMENTAL PROTECTION AGENCY
                [EPA-HQ-OPP-2023-0075; FRL-11782-01-OCSPP]
                Product Cancellation Order for Certain Pesticide Registrations
                AGENCY: Environmental Protection Agency (EPA).
                ACTION: Notice.
                -----------------------------------------------------------------------
                SUMMARY: This notice announces EPA's order for the cancellations,
                voluntarily requested by the registrants and accepted by the Agency, of
                the products listed in table 1 of unit II, pursuant to the Federal
                Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation
                order follows a July 26, 2023, Federal Register Notice of Receipt of
                Requests from the registrant listed in table 2 of unit II, to
                voluntarily cancel these product registrations. In the July 26, 2023,
                notice, EPA indicated that it would issue an order implementing the
                cancellations, unless the Agency received substantive comments within
                the 180-day comment period that would merit its further review of these
                requests, or unless the registrant withdrew their requests. The Agency
                did not receive any comments on the notice. Further, the registrants
                did not withdraw their requests. Accordingly, EPA hereby issues in this
                notice a cancellation order granting the requested cancellations. Any
                distribution, sale, or use of the 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 March 4, 2024.
                FOR FURTHER INFORMATION CONTACT: Christopher Green, Registration
                Division (7505T), Office of Pesticide Programs, Environmental
                Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
                0001; telephone number: (202) 566-2707; email 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.
                B. How can I get copies of this document and other related information?
                 The docket for this action, identified by docket identification
                (ID) number EPA-HQ-OPP-2023-0075, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory
                Public Docket (OPP Docket) in the Environmental Protection Agency
                Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
                1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
                Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
                Friday, excluding legal holidays. The telephone number for the Public
                Reading Room is (202) 566-1744, and the telephone number for the OPP
                Docket is (202) 566-1744. Please review the visitor instructions and
                additional information about the docket available at https://www.epa.gov/dockets.
                II. What action is the Agency taking?
                 This notice announces the cancellation, as requested by registrant,
                of products registered under FIFRA section 3 (7 U.S.C. 136a). These
                registrations are listed in sequence by registration number in table 1
                of this unit.
                 Table 1--Product Cancellations
                ----------------------------------------------------------------------------------------------------------------
                 Registration No. Company No. Product name Active ingredients
                ----------------------------------------------------------------------------------------------------------------
                10163-171............................... 10163 Imidan 1-E Insecticide.... Phosmet (059201/732-11-6)--
                 (11.7%).
                10163-215............................... 10163 Imidan 2.5-EC............. Phosmet (059201/732-11-6)--
                 (27.5%).
                10163-313............................... 10163 Imidan 60 WDG............. Phosmet (059201/732-11-6)--
                 (60%).
                ----------------------------------------------------------------------------------------------------------------
                 Table 2 of this unit includes the names and addresses of record for
                all registrants of the products in table 1 of this unit, in sequence by
                EPA company number. This number corresponds to the first part of the
                EPA registration numbers of the products listed in table 1 of this
                unit.
                 Table 2--Registrants of Cancelled Products
                ------------------------------------------------------------------------
                 EPA company No. Company name and address
                ------------------------------------------------------------------------
                10163............................. Gowan Company, LLC, 370 S Main St.,
                 Yuma, AZ 85366.
                ------------------------------------------------------------------------
                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 July 26, 2023, Federal Register notice announcing
                the Agency's receipt of the requests for voluntary cancellations of the
                products listed in table 1 of unit II.
                IV. Cancellation Order
                 Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby
                approves the requested cancellations of the registrations identified in
                table 1 of unit II. Accordingly, the Agency hereby orders that the
                product registrations identified in table 1 of unit II, are canceled.
                The effective date of the cancellations that are the subject of this
                notice is March 4, 2024. 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 a violation of FIFRA.
                V. What is the Agency's authority for taking this action?
                 Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) 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
                [[Page 15572]]
                the request, EPA must publish a notice of receipt of any such request
                in the Federal Register. Thereafter, following the public comment
                period, the EPA Administrator may approve such a request. The notice of
                receipt for this action was published for comment in the Federal
                Register of July 26, 2023 (88 FR 48248) (FRL-11149-01). The comment
                period closed on January 22, 2024.
                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. The existing stocks provisions for the products
                subject to this order are as follows:
                 The registrant may continue to sell and distribute existing stocks
                of the products listed in table 1 of unit II, until March 5, 2025,
                which is 1 year after the publication of the Cancellation Order in the
                Federal Register. Thereafter, the registrant is prohibited from selling
                or distributing the products listed in table 1 of unit II, except for
                export in accordance with FIFRA section 17 (7 U.S.C. 136o), or proper
                disposal. Persons other than the registrant may sell, distribute, or
                use existing stocks of products listed in table 1 of unit II, until
                existing stocks are exhausted, provided that such sale, distribution,
                or use is consistent with the terms of the previously approved labeling
                on, or that accompanied, the canceled products.
                 Authority: 7 U.S.C. 136 et seq.
                 Dated: February 28, 2024.
                Charles Smith,
                Director, Registration Division, Office of Pesticide Programs.
                [FR Doc. 2024-04495 Filed 3-1-24; 8:45 am]
                BILLING CODE 6560-50-P
                

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