Notice2021-18490

Product Cancellation Order for Certain Pesticide Registrations

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
August 27, 2021
Effective
August 27, 2021

Issuing agencies

Environmental Protection Agency

Abstract

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 June 17, 2021 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 June 17, 2021 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants 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.

Full Text

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<title>Federal Register, Volume 86 Issue 164 (Friday, August 27, 2021)</title>
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[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Notices]
[Pages 48139-48141]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18490]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0015; FRL-8842-01-OCSPP]


Product Cancellation Order for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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 June 17, 2021 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 June 17, 2021 
notice, EPA indicated that it would issue an order implementing the 
cancellations, unless the Agency received substantive comments within 
the 30-day comment period that would merit its further review of these 
requests, or unless the registrants 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 August 27, 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: 
<a href="/cdn-cgi/l/email-protection#fd9a8f989893d39e958f948e89928d95988fbd988d9cd39a928b"><span class="__cf_email__" data-cfemail="e98e9b8c8c87c78a819b809a9d8699818c9ba98c9988c78e869f">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

[[Page 48140]]

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-2021-0015, is available at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 <a href="http://www.epa.gov/dockets">http://www.epa.gov/dockets</a>.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is closed to visitors with 
limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC services and docket access, visit <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.

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
----------------------------------------------------------------------------------------------------------------
           Registration No.              Company No.           Product name               Active ingredients
----------------------------------------------------------------------------------------------------------------
7969-376.............................            7969  Certador Insecticide........  Dinotefuran.
59639-182............................           59639  V-10276 0.088 SL Insecticide/ Metconazole & Dinotefuran.
                                                        Fungicide.
91234-161............................           91234  Anniston 30 SG Insecticide..  Acetamiprid.
91234-162............................           91234  Anniston 70 WP Insecticide..  Acetamiprid.
----------------------------------------------------------------------------------------------------------------

    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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7969.......................  BASF Corporation, 26 Davis Drive, P.O. Box
                              13528, Research Triangle Park, NC 27709-
                              3528.
59639......................  Valent U.S.A. LLC, 4600 Norris Canyon Road,
                              P.O. Box 5075, San Ramon, CA 94583.
91234......................  Atticus, LLC, Agent Name: Pyxis Regulatory
                              Consulting, Inc., 4110 136th Street Ct.
                              NW, Gig Harbor, WA 98332-9122.
------------------------------------------------------------------------

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 notice that published in the Federal Register of 
June 17, 2021 (86 FR 32259) (FRL-10024-90), announcing the Agency's 
receipt of the requests for voluntary cancellations of 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 August 27, 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 June 
17, 2021 (86 FR 32259) (FRL-10024-90). The comment period closed on 
July 19, 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 effective 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 August 29, 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

[[Page 48141]]

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: August 20, 2021.
Catherine Aubee,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-18490 Filed 8-26-21; 8:45 am]
BILLING CODE 6560-50-P


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Indexed from Federal Register on August 27, 2021.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.