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 31, 2020.
ADDRESSES:
Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2020-0060, by one of the following methods:
Federal eRulemaking Portal: http://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
http://www.epa.gov/dockets/contacts.html.
Please note that due to the public health emergency the EPA Docket Center (EPA/DC) and Reading Room was closed to public visitors on March 31, 2020. Our EPA/DC staff will continue to provide customer service via email, phone, and webform. For further information on EPA/DC services, docket contact information and the current status of the EPA/DC and Reading Room, please visit
https://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.
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
Registration
No.
Company
No.
Product name
Active ingredients
241-409
241
Oasis Herbicide
2,4-D, 2-ethylhexyl ester & Imazapic.
241-425
241
Glyphosate Residual RTU
Glyphosate-isopropylammonium & Imazapic-ammonium.
( printed page 45878)
241-442
241
Imazapic E 2l Herbicide
Imazapic-ammonium.
241-444
241
ETI 115 01 H
Imazapic-ammonium.
264-1069
264
Trilex Advanced 300
Metalaxyl; Triadimenol & Trifloxystrobin.
352-600
352
DPX-MX670 MT
Atrazine & Dimethenamid.
352-693
352
Dupont Diuron MUP
Diuron.
352-703
352
Dupont Diuron Technical
Diuron.
352-849
352
Dupont Diuron 80 Dry Herbicide
Diuron.
464-8132
464
Aqucar PS 75W MUP Water Treatment Microbiocide (Alternate Name)
Table 1A—Product Registrations With Pending Requests for Cancellation
Registration
No.
Company
No.
Product name
Active ingredients
56228-32
56228
M-44 Cyanide Capsules Arctic Fox
Sodium cyanide.
The registrant of the product listed in Table 1A, of Unit II, has requested the effective date of December 31, 2019, for the cancellation.
( printed page 45879)
Table 2—Product Registrations With Pending Requests for Amendment
Registration
No.
Company
No.
Product name
Active ingredient
Uses to be terminated
34704-858
34704
Sniper
Bifenthrin
Alfalfa Grown for Seed.
71711-4
71711
Akari 5SC Miticide/Insecticide
Fenpyroximate
Cranberry and Highbush Cranberry.
71711-18
71711
Fenpyroximate Technical
Fenpyroximate
Cranberry and Highbush Cranberry.
71711-19
71711
Fujimite 5EC Miticide/Insecticide
Fenpyroximate
Cranberry and Highbush Cranberry.
71711-40
71711
NAI-2399-2 5EC Miticide/Insecticide
Fenpyroximate
Cranberry and Highbush Cranberry.
71711-54
71711
Fenpyroximate 5SC MUP
Fenpyroximate
Cranberry and Highbush Cranberry.
71711-60
71711
Fenpyroximate 5EC MUP
Fenpyroximate
Cranberry and Highbush Cranberry.
Table 3 of this unit includes the names and addresses of record for all the registrants of the products listed in Tables 1, 1A and 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.
Nichino America, Inc., 4550 Linden Hill Road, Suite 501, Wilmington, DE 19808.
III. What is the Agency's authority for taking this action?
FIFRA section 6(f)(1) (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
.
FIFRA section 6(f)(1)(B) (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 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 is providing 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
( printed page 45880)
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 and Table 1A of Unit II.
For Product 56228-32
For product 56228-32, listed in Table 1A of Unit II, the registrant has requested the cancellation date to be December 31, 2019; therefore, the registrant will be permitted to sell and distribute existing stocks of the voluntarily canceled product for 1 year after the effective date of the cancellation, which will be until December 31, 2020. Thereafter, the registrant will be prohibited from selling or distributing the product, except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal.
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 all other 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, 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.
85 FR 45877
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 30, 2020), https://thefederalregister.org/documents/2020-16515/notice-of-receipt-of-requests-to-voluntarily-cancel-certain-pesticide-registrations-and-amend-registrations-to-terminate.