Notice2023-27191

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
December 12, 2023
Effective
December 12, 2023

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 diazinon products listed in Table 1 of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows an October 23, 2023, 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 October 23, 2023, 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 received a comment on the notice, but it did not merit 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.

Full Text

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<title>Federal Register, Volume 88 Issue 237 (Tuesday, December 12, 2023)</title>
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[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86133-86134]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27191]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0351, FRL-11606-01-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 diazinon products listed in Table 1 of Unit II., pursuant to the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This 
cancellation order follows an October 23, 2023, 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 October 
23, 2023, 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 received a comment on the notice, but it did not 
merit 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 effective December 12, 2023.

FOR FURTHER INFORMATION CONTACT: Alex McKee, Pesticide Re-Evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (202) 566-1939; email address: 
<a href="/cdn-cgi/l/email-protection#c9a4aaa2acace7a8a5acb189acb9a8e7aea6bf"><span class="__cf_email__" data-cfemail="d8b5bbb3bdbdf6b9b4bda098bda8b9f6bfb7ae">[email&#160;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-2008-0351, 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

[[Page 86134]]

Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at <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 
registrant(s), 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
----------------------------------------------------------------------------------------------------------------
66222-10................................           66222  Diazinon 50W..............  Diazinon.
TX040026................................           66222  Diazinon AG500............  Diazinon.
ID070003................................           66222  Diazinon AG600 WBC          Diazinon.
                                                           Insecticide.
ID030018................................           66222  Diazinon AG500............  Diazinon.
CA050002................................           66222  Diazinon AG500............  Diazinon.
ID020003................................            5905  Diazinon AG500............  Diazinon.
GA020002................................            5905  Diazinon AG500............  Diazinon.
GA020003................................            5905  Diazinon AG500............  Diazinon.
19713-492...............................           19713  Drexel Diazinon 50WP......  Diazinon.
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
66222..................................  Adama US, 8601 Six Forks Road,
                                          Suite 300, Raleigh, NC 27615.
19713..................................  Drexel Chemical Company, 1700
                                          Channel Avenue, P.O. Box
                                          13327, Memphis, TN 38113.
5905...................................  Helena Agri-Enterprises, LLC,
                                          225 Schilling Boulevard, Suite
                                          300, Collierville, TN 38017.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    The Agency received one comment on the October 23, 2023 ``Notice of 
Receipt.'' The comment did not specify the products listed in Table 1 
of Unit II. or address any aspect of voluntary product cancellations. 
EPA has determined that this comment does not merit further review or a 
denial of those cancellations.

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 December 12, 2023. 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 on 
October 23, 2023 (88 FR 72752) (FRL 11516-01-OCSPP). The comment period 
closed on November 22, 2023.

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 December 12, 2024, 
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: December 7, 2023.
Timothy Kiely,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2023-27191 Filed 12-11-23; 8:45 am]
BILLING CODE 6560-50-P


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Indexed from Federal Register on December 12, 2023.

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