Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses
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 certa...
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 certain pesticide product registrations and to amend certain product registrations to terminate 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 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 and 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 August 23, 2019.
ADDRESSES:
Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2018-0014, by one of the following methods:
Federal eRulemaking Portal: www.regulations.gov.
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.
Mail:
OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. Submit written withdrawal request by mail to: Information Technology and Resources Management Division (7502P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. ATTN: Christopher Green.
Hand Delivery:
To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Christopher Green, Information Technology and Resources Management Division (7502P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (703) 347-0367; email address:
green.christopher@epa.gov.
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
regulations.gov
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
www.epa.gov/dockets/comments.html.
( printed page 35671)
II. What action is the agency taking?
This notice announces receipt by EPA of requests from registrants to cancel certain pesticide products and amend product registrations to terminate certain uses registered under FIFRA section 3 (7 U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)). 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 in the
Federal Register
canceling and amending the affected registrations.
Table 1—Product Registrations With Pending Requests for Cancellation
Koos Crabgrass Preventer with 0.223 Barricade Preemergence Herbicide
Prodiamine.
8660-216
8660
Par EX Slow Release Fertilizer with .345 Barricade Herbicide
Prodiamine.
8660-249
8660
Par EX Fertilizer Plus Crabgrass Preventer with 0.475% Barricade Preem
Prodiamine.
9779-297
9779
Prometryne 4L Herbicide
Prometryn.
12455-107
12455
Tomcat Ant Killer
Indoxacarb.
12455-118
12455
Tomcat Ant Gel
Indoxacarb.
45728-29
45728
SDDC
Sodium dimethyldithiocarbamate.
59820-4
59820
Acarosan Moist Powder
Benylate.
64898-5
64898
Razorooter
Dichlobenil.
87290-44
87290
Willowood Azoxystrobin 2.08SC
Azoxystrobin.
87290-56
87290
Willowood Azoxyprop Xtra
Propiconazole & Azoxystrobin.
87290-60
87290
Willowood Tebustrobin SC
Tebuconazole & Azoxystrobin.
87290-63
87290
Willowood Pyrac 2SC
Pyraclostrobin.
87290-64
87290
Willowood Pyrac 2EC
Pyraclostrobin.
89966-2
89966
Azoxystrobin Technical
Azoxystrobin.
93051-1
93051
RightLine Pyrac 2 MEC
Pyraclostrobin.
93051-2
93051
RightLine Pyraprop MEC
Pyraclostrobin & Propiconazole.
93051-3
93051
RightLine CHILL LC
Pyraclostrobin.
93088-1
93088
Pyraclostrobin Technical
Pyraclostrobin.
AL-120005
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
DE-170001
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
IA-170003
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
ID-130006
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
LA-120006
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
MA-160001
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
MI-130001
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
MN-120003
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
MO-120004
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
MO-160005
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
MS-120009
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
NC-130002
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
ND-130002
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
NJ-130002
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
NY-170005
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
PA-130001
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
SD-130003
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
SD-150006
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
SD-170003
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
TX-130001
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
UT-180006
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
VT-120001
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
WI-130004
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
WY-140003
69969
Avipel Liquid Corn Seed Treatment
Anthraquinone.
Table 1A—Product Registrations With Pending Requests for Cancellation
Registration No.
Company No.
Product name
Active ingredients
1021-2753
1021
VBC Dinotefuran Technical
Dinotefuran.
( printed page 35672)
The registrant of the registration in Table 1A, requests the cancellation to be effective on May 1, 2019.
Table 2—Product Registrations With Pending Requests for Amendment
Registration No.
Company No.
Product name
Active ingredient
Uses to be terminated
100-1453
100
Stadium Fungicide
Difenoconazole; Fludioxonil & Azoxystrobin
Ornamental uses and associated label language.
42182-1
42182
Microban Additive B
Triclosan
Treatment of apparel, blankets, cloths, curtains, fabrics, linens and similar textiles.
42182-7
42182
Microban Additive B MUP
Triclosan
Disallow formulation into products used to make/treat agricultural plastic films/mulches; products used to treat HVAC (heating/air conditioning) coils & products used to treat textiles.
Table 3 of this unit includes the names and addresses of record for all the registrants of the products listed in Tables 1, 1A & 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, Table 1A and Table 2 of this unit.
Fengdeng USA, Inc., 123 Cornell Road, Bala Cynwyd, PA 19004.
92760
Thomson Research Associates, Inc., Agent Name: Scientific & Regulatory Consultants, Inc., 201 West Van Buren Street, Columbia City, IN 46725.
93051
RightLine, LLC, Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th Street Ct. NW, Gig Harbor, WA 98332.
93088
Willowood USA, LLC, Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th Street Ct. NW, Gig Harbor, WA 98332.
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,
( printed page 35673)
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 listed in Table 3 of Unit II have requested that EPA waive the 180-day comment period. Accordingly, EPA will provide a 30-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 have been subject to a previous cancellation or termination action, the effective date of cancellation or termination and all other provisions of any earlier cancellation or termination 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 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 product registrations and for amendments to terminate uses, EPA proposes to include the following provisions for the treatment of any existing stocks of the products listed in Table 1, Table 1A and Table 2 of Unit II.
A. For Product: 1021-2753 Listed in Table 1A of Unit II
The registrant has requested to the agency via letter, the effective date of the voluntary cancellation of product 1021-2753 to be, May 01, 2019; therefore, the registrant will be permitted to sell and distribute existing stocks for 1 year, which will be until May 01, 2020.
For all other voluntary product cancellations, identified in Table 1 of Unit II, 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 Tables 1 and 1A, 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, identified in Table 2 of Unit II, 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 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 terminated uses.
Use this for formal legal and research references to the published document.
84 FR 35670
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses,” thefederalregister.org (July 24, 2019), https://thefederalregister.org/documents/2019-15682/notice-of-receipt-of-requests-to-voluntarily-cancel-certain-pesticide-registrations-and-amend-registrations-to-terminate.