Notice2024-09885
Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and/or Amend Registrations To Terminate Certain Uses
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 7, 2024
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 the registrants to voluntarily cancel their registrations of certain products and/or to amend their product registrations to terminate one or more uses. 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 request, or unless the registrants withdraw its 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 and/or uses terminated 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 89 Issue 89 (Tuesday, May 7, 2024)</title>
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[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Notices]
[Pages 38129-38131]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09885]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2024-0093; FRL-11876-01-OCSPP]
Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations and/or Amend Registrations To Terminate Certain
Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by the registrants to voluntarily cancel their registrations of certain
products and/or to amend their product registrations to terminate one
or more uses. 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 request, or unless the registrants withdraw its
requests. If these requests are granted, any sale,
[[Page 38130]]
distribution, or use of products listed in this notice will be
permitted after the registrations have been cancelled and/or uses
terminated 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 November 4, 2024.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2024-0093, 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#7f180d1a1a11511c170d160c0b100f171a0d3f1a0f1e51181009"><span class="__cf_email__" data-cfemail="ed8a9f888883c38e859f849e99829d85889fad889d8cc38a829b">[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. 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">https://www.epa.gov/dockets</a>.
II. What action is the Agency taking?
This notice announces receipt by EPA of requests from registrants
to cancel certain and/or terminate certain uses of pesticide product
registrations. The affected products and the registrants making the
requests are identified in tables 1-3 of this unit.
Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order canceling and/or
amending the affected registrations.
Table 1--Product Registrations With Pending Requests for Cancellation
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Registration No. Company No. Product name Active ingredients
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44446-67......................... 44446 Concept Hospital 4-tert-Amylphenol (064101/80-46-
Disinfectant Deodorant. 6)--(.05%), Ethanol (001501/64-
17-5)--(53%), o-Phenylphenol
(NO INERT USE) (064103/90-43-
7)--(.2%).
85588-13......................... 85588 AgSurf MSM Herbicide....... Metsulfuron (122010/74223-64-6)--
(60%).
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Table 2--Product Registrations With Pending Requests for Amendment
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Uses to be
Registration No. Company No. Product name Active ingredient terminated
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53883-197.................... 53883 Lambda 0.5% lambda-Cyhalothrin Lawn & turf use in
Concentrate. (128897/91465-08- residential
6)--(.5%). settings.
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Table 3 of this unit includes the name and addresses of record for
the registrants of the products listed in table 1 and table 2 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 and table 2 of this unit.
Table 3--Registrants Requesting Voluntary Cancellation and/or Amendments
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EPA company No. Company name and address
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44446...................... QuestSpecialty Corporation, P.O. Box: 624,
Brenham, TX 77834.
53883...................... Control Solutions, Inc., 5903 Genoa Red
Bluff Road, Pasadena, TX 77507.
85588...................... AgSurf Corporation, 9805 Statesville Road,
Suite 6309, Charlotte, NC 28269.
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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 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.
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, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section
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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 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 Requests
Registrants who choose to withdraw a request for product
cancellation or use termination should submit the withdrawal in writing
to the person listed under FOR FURTHER INFORMATION CONTACT. If the
products(s) 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
action. If the requests for voluntary cancellation and/or amendments to
terminate uses 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 a product registration and/or for an amendment to terminate uses,
EPA proposes to include the following provisions for the treatment of
any existing stocks of the products listed in tables 1 and 2 of unit
II.
For: 85588-13
For 85588-13, AgSurf Corporation, the registrant of the product
subject to this cancellation notice, requests an existing stocks
provision allowing the continued sale and distribution of the affected
product until 18 months after the cancellation is published in the
Federal Register.
For all other voluntary product cancellations, registrants will be
permitted to sell and distribute existing stocks of voluntarily
canceled products for 1 year after the effective date of the
cancellation, which will be the date of publication of the cancellation
order in the Federal Register. Thereafter, registrants will be
prohibited from selling or distributing the products identified in
table 1 of unit II, except for export consistent with FIFRA section 17
(7 U.S.C. 136o) or for proper disposal.
Once EPA has approved product labels reflecting the requested
amendments to terminate uses, registrants will be permitted to sell or
distribute products under the previously approved labeling for a period
of 18 months after the date of Federal Register publication of the
cancellation order, unless other restrictions have been imposed.
Thereafter, registrants will be prohibited from selling or distributing
the products whose labels include the terminated uses identified in
table 2 of unit II, except for export consistent with FIFRA section 17
or for proper disposal.
Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products and/or products whose labels
include the terminated uses 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 and/or terminated uses.
Authority: 7 U.S.C. 136 et seq.
Dated: April 30, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-09885 Filed 5-6-24; 8:45 am]
BILLING CODE 6560-50-P
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