Cancellation Order for Certain Pesticide Registrations and/or Amendments To Terminate Uses
This notice announces EPA's order for the cancellations and/or amendments to terminate uses, voluntarily requested by the registrants, and accepted by the Agency, pursuant to th...
This notice announces EPA's order for the cancellations and/or amendments to terminate uses, voluntarily requested by the registrants, and accepted by the Agency, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a May 7, 2024,
Federal Register
Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II, to voluntarily cancel and/or amend to terminate uses of these product registrations. In the May 7, 2024, notice, EPA indicated that it would issue an order implementing the cancellations and/or amendments to terminate uses, 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 did not receive any comments on the notice. Further, the registrant for product registration 4-474 withdrew their request for cancellation; therefore, the registration has been removed from this order. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations and/or amendments to terminate uses. 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 and/or amendments are effective July 16, 2024.
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:
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. 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-2024-0093, is available at
https://www.regulations.gov
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
https://www.epa.gov/dockets.
II. What action is the Agency taking?
This notice announces the cancellations and/or amendments to terminate uses, 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 Tables 1 and 2 of this unit.
Bacillus thuringiensis CryIA(b) delta-endotoxin and the genetic material necessary for its production (plasmid vector pZ01502) in corn, when used as a plant pesticide in all raw agricultural commodities of field corn, sweet corn and popcorn. (006461/)—(.001829%), Bacillus thuringiensis Vip3Aa20 protein encoded by vector pNOV1300 in event MIR162 corn (SYN-IR162-4), % dw (006599/)—(.0088%), Modified Cry3A protein and the genetic material necessary for its production (via elements of pZM26) in Event MIR604 corn (006509/)—(.002757%).
67979-39
67979
BT11 X MIR604 X TC1507 X 5307 and BT11 X MIR162 X MIR604 X TC1507 X 5307 5% Refuge Seed Blend Corn
Bacillus Thuringiensis eCry3.1Ab protein and the genetic material necessary for its production (vector pSYN12274) in Event 5307 corn (SYN-05307-1) (016483/)—(.00261%), Bacillus thuringiensis Cry1F protein and the genetic material necessary for its production (plasmid insert PHI8999) in corn (006481/)—(.00122%), Bacillus thuringiensis CryIA(b) delta-endotoxin and the genetic material necessary for its production (plasmid vector pZ01502) in corn, when used as a plant pesticide in all raw agricultural commodities of field corn, sweet corn and popcorn. (006461/)—(.00495%), Bacillus thuringiensis Vip3Aa20 protein encoded by vector pNOV1300 in event MIR162 corn (SYN-IR162-4), % dw (006599/)—(.00431%), Modified Cry3A protein and the genetic material necessary for its production (via elements of pZM26) in Event MIR604 corn (006509/)—(.0006%).
Pet Kennels and Indoor use for Hornets and Yellow Jackets.
Table 3 of this unit includes the names and addresses of record for all registrants of the products in Tables 1 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 above.
Table 3—Registrants of Cancelled and/or Amended Products
EPA Company No.
Company name and address
4
Bonide Products, LLC, 6301 Sutliff Road, Oriskany, NY 13424.
FMC Corporation, 2929 Walnut Street, Philadelphia, PA 19104.
352
Corteva Agriscience, LLC, 9330 Zionsville Road, Indianapolis, IN 46268.
499
BASF Corporation, 26 Davis Drive, P.O. Box: 13528, Research Triangle Park, NC 27709-3528.
1021
McLaughlin Gormley King Company D/B/A MGK, 7325 Aspen Lane N, Minneapolis, MN 55428.
4822
S.C. Johnson & Son, Inc., 1525 Howe Street, Racine, WI 53403.
10163
Gowan Company, LLC, 370 S. Main St., Yuma, AZ 85366.
19713
Drexel Chemical Company, P.O. Box: 13327, Memphis, TN 38113-0327.
33906
Nissan Chemical Corporation, Agent Name: Lewis & Harrison, LLC, 2461 South Clark Street, Suite 710, Arlington, VA 22202.
39967
Lanxess Corporation, 111 RIDC Park West Drive, Pittsburgh, PA 15275-1112.
42750
Albaugh, LLC, 1525 NE 36th Street, Ankeny, IA 50021.
67979
Syngenta Seeds, LLC—Field Crops—NAFTA, 9 Davis Drive, Research Triangle Park, NC 27709.
68506
Tessara (PTY) Ltd., Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th St. Ct., NW, Gig Harbor, WA 98332.
70506
MacDermid Agricultural Solutions, Inc., Agent Name: UPL NA, Inc., 630 Freedom Business Center, Suite 402, King Of Prussia, PA 19406.
71512
ISK Biosciences Corporation, 7470 Auburn Road, Suite A, Concord, OH 44077.
71771
Plant Health Care, Inc., Agent Name: Ramboll, 4245 North Fairfax Drive, Suite 700, Arlington, VA 22203.
71840
BASF Corporation, 26 Davis Drive, P.O. Box: 13528, Research Triangle Park, NC 27709.
85678
RedEagle International, LLC, Agent Name: Wagner Regulatory Associates, Inc., 7217 Lancaster Pike, Suite A, P.O. Box: 640, Hockessin, DE 19707.
89635
Koppert Biological Systems, Inc., 1502 Old US 23, Howell, MI 48843.
91234
Atticus, LLC, Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th Street Ct., NW, Gig Harbor, WA 98332-9122.
93653
ZSChem USA, Inc., Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th Street Ct., NW, Gig Harbor, WA 98332.
98985
Ike's, LLC, Agent Name: Wagner Regulatory Associates, 7217 Lancaster Pike, Suite A, P.O. Box: 640, Hockessin, DE 19707.
III. Summary of Public Comments Received and Agency Response to Comments
During the public comment period provided, EPA received no comments in response to the May 7, 2024,
Federal Register
notice announcing the Agency's receipt of the requests for voluntary cancellations and/or amendments to terminate uses of the products listed in Tables 1 and 2 of Unit II.
( printed page 57892)
IV. Cancellation Order
Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)(1)), EPA hereby approves the requested cancellations and/or amendments to terminate uses of pesticide registrations identified in Tables 1 and 2 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Tables 1 and 2 of Unit II, are canceled and/or amended to terminate the affected uses. The effective date of the cancellations that are subject of this notice is July 16, 2024. Any distribution, sale, or use of existing stocks of the products identified in Tables 1 and 2 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 May 7, 2024 (89 FR 38126) (FRL-11877-01-OCSPP). The comment period closed on June 6, 2024.
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 action. The existing stocks provision for the products subject to this order is as follows.
For: 352-938:
For 352-938, Corteva, the registrant of the product subject to this cancellation order, did not request that EPA allow the continued sale, distribution, or use of existing stocks of this product. Additionally, Corteva confirmed that they ceased selling this product in 2021. Thus, all sale, distribution, and use of existing stocks of this product is prohibited, except for the sale or distribution of this product for export consistent with FIFRA section 17 (7 U.S.C. 136o) and for proper disposal.
For all other voluntary cancellations listed in Table 1 of Unit II, the registrants may continue to sell and distribute existing stocks of all other products listed in Table 1 until July 16, 2025, which is 1 year after publication of this cancellation order in the
Federal Register
. Thereafter, the registrants are prohibited from selling or distributing all other products listed in Table 1 of Unit II, except for export in accordance with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal.
Now that EPA has approved product labels reflecting the requested amendments to terminate uses, registrants are permitted to sell or distribute products listed in Table 2 of Unit II, under the previously approved labeling until January 16, 2026, a period of 18 months after publication of the cancellation order in this
Federal Register
, 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.
Use this for formal legal and research references to the published document.
89 FR 57889
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Cancellation Order for Certain Pesticide Registrations and/or Amendments To Terminate Uses,” thefederalregister.org (July 16, 2024), https://thefederalregister.org/documents/2024-15554/cancellation-order-for-certain-pesticide-registrations-and-or-amendments-to-terminate-uses.