Notice2022-09909
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
May 9, 2022
Effective
May 9, 2022
Issuing agencies
Environmental Protection Agency
Abstract
This notice announces EPA's order for the cancellations, voluntarily requested by the registrant 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 September 1, 2021, 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 September 1, 2021, 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 request. The Agency did not receive any comments on the notice. Further, the registrant 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 87 Issue 89 (Monday, May 9, 2022)</title>
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[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Notices]
[Pages 27635-27637]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09909]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2021-0015; FRL-9717-01-OCSPP]
Product Cancellation Order for Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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[[Page 27636]]
SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrant 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 September 1, 2021, 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 September 1,
2021, 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 request. The
Agency did not receive any comments on the notice. Further, the
registrant 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 May 9, 2022.
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: (202) 566-2707; email address:
<a href="/cdn-cgi/l/email-protection#12756077777c3c717a607b61667d627a7760527762733c757d64"><span class="__cf_email__" data-cfemail="abccd9cecec585c8c3d9c2d8dfc4dbc3ced9ebcedbca85ccc4dd">[email protected]</span></a>.
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-2021-0015, is available at <a href="https://www.regulations.gov">https://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 (202) 566-1744.
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 the
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
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Registration No. Company No. Product name Active ingredients
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228-564............................ 228 Brazen Herbicide.......... Clopyralid, monoethanolamine
salt & Triclopyr,
triethylamine salt.
71368-103.......................... 71368 NUP-12060................. Flumioxazin.
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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--Registrant 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.
71368................................ NuFarm, Inc., Agent Name: NuFarm
Americas, Inc., 4020 Aerial
Center Pkwy., Suite 101,
Morrisville, NC 27560.
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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 September 1, 2021, 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 May 9, 2022.
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
September 1, 2021 (83 FR 49023) (FRL-8820-01-OCSPP). The comment period
closed on February 28, 2022.
[[Page 27637]]
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 provision for the products
subject to this order is as follows.
For voluntary cancellations, listed in Table 1, the registrants may
continue to sell and distribute existing stocks of products listed in
Table 1 until May 9, 2023, which is 1 year after publication of this
cancellation order in the Federal Register. Thereafter, the registrants
are prohibited from selling or distributing products listed in Table 1
of Unit II, except for export in accordance with FIFRA section 17 (7
U.S.C. 136o) or for proper disposal.
Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products listed in Table 1 of Unit II until
supplies 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: April 25, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2022-09909 Filed 5-6-22; 8:45 am]
BILLING CODE 6560-50-P
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