Notice2023-28557
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 27, 2023
Effective
December 27, 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 products listed in Table 1 of Unit II, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows an April 24, 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 April 24, 2023, 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 registrants withdrew their requests. The Agency received one general comment on the notice, but none merited its 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 247 (Wednesday, December 27, 2023)</title>
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[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Notices]
[Pages 89446-89447]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28557]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2023-0075; FRL-11533-01-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 an April 24, 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 April 24, 2023,
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 registrants withdrew their requests. The Agency
received one general comment on the notice, but none merited its
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 27, 2023.
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#98ffeafdfdf6b6fbf0eaf1ebecf7e8f0fdead8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="7c1b0e191912521f140e150f08130c14190e3c190c1d521b130a">[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-2023-0075, 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. 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
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
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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 (056801/63-25-2)--
Carbaryl Insecticide. (7%).
432-1213............................. 432 Sevin Granules (1% Sevin) Carbaryl (056801/63-25-2)--
Ant, Flea, Tick & Grub (1%).
Killer.
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 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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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. Summary of Public Comments Received and Agency Response to
Comments
The agency received one general comment regarding pesticides in
general, not pertaining to any specific registrations in the notice,
which EPA acknowledges. For this reason, the Agency does not believe
that the comments submitted during the comment period merit further
review or a denial of the requests for voluntary cancellation.
[[Page 89447]]
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 27, 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 of April
24, 2023 (88 FR 24790) (FRL-10887-01-OCSPP). The comment period closed
on October 23, 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.
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. The registrants may continue to sell and
distribute existing stocks of the products listed in Table 1 of Unit
II, until June 27, 2025, a period of 18 months after publication of the
cancellation order in this Federal Register. Thereafter, registrants
will be prohibited from selling or distributing the pesticides
identified in Table 1 of Unit II, 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 21, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-28557 Filed 12-26-23; 8:45 am]
BILLING CODE 6560-50-P
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