Notice2023-08582
Notice of Receipt of Requests To Voluntarily Cancel 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
April 24, 2023
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.
Full Text
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<title>Federal Register, Volume 88 Issue 78 (Monday, April 24, 2023)</title>
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[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Pages 24790-24792]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08582]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2023-0075; FRL-10887-01-OCSPP]
Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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[[Page 24791]]
SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by registrants to voluntarily cancel certain pesticide registrations.
EPA intends to grant these requests at the close of the comment period
for this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of the
requests, or unless the registrants withdraw their requests. If these
requests are granted, any sale, distribution, or use of products listed
in this notice will be permitted after the registrations have been
cancelled only if such sale, distribution, or use is consistent with
the terms as described in the final order.
DATES: Comments must be received on or before October 23, 2023.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2023-0075, through the Federal eRulemaking
Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
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:
<a href="/cdn-cgi/l/email-protection#6a0d180f0f044409021803191e051a020f182a0f1a0b440d051c"><span class="__cf_email__" data-cfemail="d9beabbcbcb7f7bab1abb0aaadb6a9b1bcab99bca9b8f7beb6af">[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.
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
<a href="http://regulations.gov">regulations.gov</a> or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
II. What action is the Agency taking?
This notice announces receipt by the Agency of requests from
registrants to cancel certain pesticide products registered under FIFRA
section 3 (7 U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)). These
registrations are listed in sequence by registration number (or company
number and 24(c) number) in Table 1 of this unit.
Unless the Agency determines that there are substantive comments
that warrant further review of the requests or the registrants withdraw
their requests, EPA intends to issue a cancellation order in the
Federal Register canceling all of the affected registrations.
Table 1--Registrations With Pending Requests for Cancellation
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Registration No. Company No. Product name Active ingredients
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264-328......................... 264 Sevin Brand 80% Dust Base....... Carbaryl (056801/63-25-2)--
(80%).
432-885......................... 432 Sevin Brand Granular Carbaryl Carbaryl (056801/63-25-2)--
Insecticide. (7%).
432-1213........................ 432 Sevin Granules (1% Sevin) Ant, Carbaryl (056801/63-25-2)--
Flea, Tick & Grub Killer. (1%).
432-1226........................ 432 Sevin 80 WSP Carbaryl Carbaryl (056801/63-25-2)--
Insecticide. (80%).
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The registrants of the products listed in Table 1 of Unit II, have
requested 18-months after cancellation to sell existing stocks.
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 this unit.
Table 2--Registrants Requesting Voluntary Cancellation
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EPA company No. Company name and address
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264...................... Bayer CropScience, LP, Agent Name: Bayer
CropScience, LLC, 801 Pennsylvania Avenue,
Suite 900, Washington, DC 20004.
432...................... Bayer Environmental Science, A Division of
Bayer CropScience, LP, 700 Chesterfield
Parkway West, Chesterfield, MO 63017.
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III. 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. FIFRA further provides that,
before acting on the request, EPA must publish a notice of receipt of
any such request in the Federal Register.
Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation,
[[Page 24792]]
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, FIFRA section
6(f)(1)(C) (7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day
comment period on a request for voluntary cancellation or termination
of any minor agricultural use before granting the request, unless:
1. The registrants request a waiver of the comment period, or
2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
The registrants in Table 2 of Unit II, have not requested that EPA
waive the 180-day comment period. Accordingly, EPA will provide a 180-
day comment period on the proposed requests.
IV. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for cancellation
should submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT. If the products have been subject to a
previous cancellation action, the effective date of cancellation and
all other provisions of any earlier cancellation action are
controlling.
V. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. If the requests for voluntary cancellation are
granted, the Agency intends to publish the cancellation order in the
Federal Register.
In any order issued in response to these requests for cancellation
of product registrations, listed in Table 1 of Unit II, EPA proposes to
include the following provisions for the treatment of any existing
stocks of the products listed in Table 1 of Unit II.
For: 264-328, 432-885, 432-1213, and 432-1226
For 264-328, 432-885, 432-1213, and 432-1226, listed in Table 1 of
Unit II, the registrants have requested 18-months after cancellation to
sell existing stocks. Thereafter, registrants will be prohibited from
selling or distributing the pesticides identified in Table 1 of Unit
II, except for export consistent with FIFRA section 17 (7 U.S.C. 136o)
or for proper disposal.
Persons other than registrants will generally be allowed to sell,
distribute, or use existing stocks until such 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: April 17, 2023.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-08582 Filed 4-21-23; 8:45 am]
BILLING CODE 6560-50-P
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