Notice2021-19700

Disapproval of Pesticide Product State Registrations for Special Local Needs

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
September 13, 2021

Issuing agencies

Environmental Protection Agency

Abstract

As provided under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), State-designated lead agencies may register pesticides, within their respective States, to meet special local needs. EPA's regulations require the State lead agencies to notify EPA of such special local need registrations. EPA may disapprove any such State registration. EPA's regulations require that notice of disapproval actions be published in the Federal Register; as such this notice identifies special local need registrations which were disapproved by EPA on March 15, 2021, April 9, 2021, and April 23, 2021.

Full Text

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<title>Federal Register, Volume 86 Issue 174 (Monday, September 13, 2021)</title>
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[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Notices]
[Pages 50882-50883]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19700]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0224; FRL-8904-01-OCSPP]


Disapproval of Pesticide Product State Registrations for Special 
Local Needs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: As provided under the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), State-designated lead agencies may register 
pesticides, within their respective States, to meet special local 
needs. EPA's regulations require the State lead agencies to notify EPA 
of such special local need registrations. EPA may disapprove any such 
State registration. EPA's regulations require that notice of 
disapproval actions be published in the Federal Register; as such this 
notice identifies special local need registrations which were 
disapproved by EPA on March 15, 2021, April 9, 2021, and April 23, 
2021.

DATES: September 13, 2021.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting Director, 
Registration Division (7505P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; main telephone number: (703) 305-7090; email address: 
<a href="/cdn-cgi/l/email-protection#96c4d2d0c4d8f9e2fff5f3e5d6f3e6f7b8f1f9e0"><span class="__cf_email__" data-cfemail="cb998f8d9985a4bfa2a8aeb88baebbaae5aca4bd">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
    <bullet> Crop production (NAICS code 111).
    <bullet> Animal production (NAICS code 112).
    <bullet> Food manufacturing (NAICS code 311).
    <bullet> Pesticide manufacturing (NAICS code 32532).

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-2021-0224, is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the 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.
    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>.

[[Page 50883]]

II. Background

    Section 24(c) of FIFRA (7 U.S.C. 136v(c)) authorizes States to 
register ``additional uses of federally registered pesticides to meet 
special local needs.'' Pursuant to FIFRA section 24(c), EPA's 
regulations at 40 CFR 162.154(h) require States to notify EPA of such 
special local needs registrations. EPA's regulations pertaining to such 
special local need registrations state that ``the Administrator may 
disapprove, on any reasonable grounds, any state [special local needs] 
registration . . . Grounds for disapproval . . . include . . . 
[p]robable creation of unreasonable adverse effects on man or the 
environment by the registered use[and f]ailure of information submitted 
by the State to support the State's decision to issue the registration 
under the standards established by Sec.  162.153.'' 40 CFR 
162.154(a)(1). In addition, FIFRA Section 24(c)(1) precludes state SLN 
registrations ``if registration for such use has . . . previously been 
denied, disapproved, or canceled by the Administrator, or voluntarily 
canceled by the registrant subsequent to issuance of a notice of intent 
to cancel because of health or environmental concerns about an 
ingredient contained in the pesticide product.'' 40 CFR 162.152(a)(3).

III. Disapproval of Special Local Need Registrations

    On March 15, 2021, EPA disapproved special local need registrations 
from the North Carolina Department of Agriculture and Consumer Services 
to extend the application cut-off dates to July 31 for over-the-top 
(OTT) use of the following dicamba products on dicamba-tolerant soybean 
and dicamba-tolerant cotton:

    1. EPA SLN No. NC200005--XtendiMax[supreg] with Vapor 
Grip[supreg] Technology (EPA Reg. No. 264-1210); containing dicamba.
    2. EPA SLN No. NC210001--Engenia[supreg] Herbicide (EPA Reg. No. 
7969-472); containing dicamba.

    On April 9, 2021, EPA disapproved special local need registrations 
from the Tennessee Department of Agriculture to extend the application 
cut-off date to July 30 for OTT use of the following dicamba products 
on dicamba-tolerant soybean:

    1. EPA SLN No. TN210001--XtendiMax[supreg] with Vapor 
Grip[supreg] Technology (EPA Reg. No. 264-1210); containing dicamba.
    2. EPA SLN No. TN210002--Engenia[supreg] Herbicide (EPA Reg. No. 
7969-472); containing dicamba.

    On April 23, 2021, EPA disapproved special local need registrations 
from the Georgia Department of Agriculture to reduce the annual 
application training requirement to every other year, remove 
application cut-off dates and reduce buffer requirements for OTT use of 
the following dicamba product on dicamba-tolerant soybean and dicamba-
tolerant cotton:

    EPA SLN No. GA210001--XtendiMax[supreg] with Vapor Grip[supreg] 
Technology (EPA Reg. No. 264-1210); containing dicamba.

    Additional information may be found in the docket for this action, 
docket ID number EPA-HQ-OPP-2021-0224, available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the OPP Docket at the Environmental 
Protection Agency Docket Center. Details on accessing the docket are 
given in Unit I.B. of this document.
    Authority: 7 U.S.C. 136 et seq.

    Dated: September 3, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-19700 Filed 9-10-21; 8:45 am]
BILLING CODE 6560-50-P


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Indexed from Federal Register on September 13, 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.