Product Cancellation Order for Certain Pesticide Registrations

Published date02 April 2021
Citation86 FR 17380
Record Number2021-06808
SectionNotices
CourtEnvironmental Protection Agency
Federal Register, Volume 86 Issue 62 (Friday, April 2, 2021)
[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
                [Notices]
                [Pages 17380-17381]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-06808]
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                ENVIRONMENTAL PROTECTION AGENCY
                [EPA-HQ-OPP-2020-0144; FRL-10021-76]
                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 30, 2020 Federal Register Notice of Receipt of
                Requests from the registrants listed in Table 2 of Unit II to
                voluntarily cancel these product registrations. In the July 30, 2020
                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 registrants withdrew their requests. The Agency
                received two anonymous public comments on the notice, but none merited
                its further review of the requests. 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 applicable April 2, 2021.
                FOR FURTHER INFORMATION CONTACT: Christopher Green, Registration
                Division (7502P), Office of Pesticide Programs, Environmental
                Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
                0001; telephone number: (703) 347-0367; 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-2020-0144, is available at http://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 (703) 305-5805. Please review the visitor instructions and
                additional information about the docket available at http://www.epa.gov/dockets.
                II. What action is the Agency taking?
                 This notice announces the cancellation, as requested by
                registrants, 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
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                 Registration No. Company No. Product name Active ingredients
                ----------------------------------------------------------------------------------------------------------------
                228-619........................ 228 NuFarm Sethoxydim SPC Herbicide Sethoxydim.
                1258-1265...................... 1258 Baquacil Ultra Swimming Pool Poly(iminoimidocarbonyliminoim
                 Sanitizer & Fungicide. idocarbonyliminohexamethylene
                 ) hydrochloride.
                62719-397...................... 62719 Kerb 50-W...................... Propyzamide.
                CA-960008...................... 62719 Kerb 50W Herbicide in WSP...... Propyzamide.
                FL-910007...................... 62719 Kerb 50W Herbicide............. Propyzamide.
                ID-020020...................... 62719 Kerb 50W Herbicide in WSP...... Propyzamide.
                ----------------------------------------------------------------------------------------------------------------
                [[Page 17381]]
                 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
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                 EPA company No. Company name and address
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                228.................................. NuFarm Americas, Inc., 4020
                 Aerial Center Pkwy., Ste. 101,
                 Morrisville, NC 27560.
                1258................................. Arch Chemicals, Inc., 1200
                 Bluegrass Lakes Parkway,
                 Alpharetta, GA 30004.
                62719................................ Dow Agrosciences, LLC, 9330
                 Zionsville Rd., 308/2E,
                 Indianapolis, IN 46268-1054.
                ------------------------------------------------------------------------
                III. Summary of Public Comments Received and Agency Response to
                Comments
                 The Agency received two anonymous public comments on the notice.
                For these reasons, the Agency does not believe that the comments
                submitted during the comment period merit further review or a denial of
                the requests for voluntary cancellation.
                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 applicable date of the cancellations that are the subject of this
                notice is April 2, 2021. 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 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
                30, 2020 (85 FR 45881) (FRL-10012-41). The comment period closed on
                January 26, 2021.
                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 applicable date of the
                cancellation action. The existing stocks provisions for the products
                subject to this order are as follows.
                 The registrants may continue to sell and distribute existing stocks
                of products listed in Table 1 of Unit II until April 4, 2022, which is
                1 year after the publication of the Cancellation Order in the Federal
                Register. Thereafter, the registrants are prohibited from selling or
                distributing products listed in Table 1, except for export in
                accordance with FIFRA section 17 (7 U.S.C. 136o), or proper disposal.
                Persons other than the registrants 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: March 26, 2021.
                Marietta Echeverria,
                Acting Director, Registration Division, Office of Pesticide Programs.
                [FR Doc. 2021-06808 Filed 4-1-21; 8:45 am]
                BILLING CODE 6560-50-P
                

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