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 action is the Agency taking?

Pursuant to Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 6(f) (7 U.S.C. 136d(f)), this document announces receipt by the Agency of requests from registrants to cancel the pesticide products listed in table 1 of unit II. that are registered under FIFRA section 3 (7 U.S.C. 136a) or section 24(c) (7 U.S.C. 136v(c)). Unless the Agency determines that there are substantive comments that warrant further review of the requests or the registrants withdraw their requests, EPA intends to issue an order in the Federal Register canceling all the registrations.

Additionally, pursuant to FIFRA section 4(i)(1)(M) (7 U.S.C. 136a-1(i)(1)(M)), EPA is issuing a notice of intent to cancel the pesticide product registrations listed in table 3 of unit II, as a result of registrants' non-payment of 2024 Pesticide Registration Maintenance Fees.

II. What action is the Agency taking?

This notice announces receipt by the Agency of requests from registrants to cancel 64 pesticide products registered under FIFRA section 3 (7 U.S.C. 136a) or section 24(c) (7 U.S.C. 136v(c)). These registrations are listed in sequence by registration number (or company number and 24(c) number) in table 1 of this unit.

Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), unless the Agency determines that there are substantive comments that warrant further review of the requests or the registrants withdraw their requests, EPA intends to issue an order in the Federal Register canceling all the registrations listed in Table 1 of this unit.

Additionally, pursuant to FIFRA section 4(i)(1)(M) (7 U.S.C. 136a-1(i)(1)(M)), this notice announces the Agency's intent to cancel 424 other pesticide products registered under FIFRA section 3 (7 U.S.C. 136a) or section 24(c) (7 U.S.C. 136v(c)) as a result of registrants' failure to pay maintenance fees for those registered products by the statutory deadline. These registrations are listed in sequence by registration number (or company number and 24(c) number) in table 3 of this unit.

Unless the Agency receives prompt payment of maintenance fees due for the registrations listed in table 3, the Agency will issue an order in the Federal Register cancelling any of the listed products listed for which inadequate or no payment has been received.

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 this unit.

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 cancelled. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register . EPA will provide a 30-day comment period on the proposed requests. Thereafter, the EPA Administrator may approve such a request.

Additionally, FIFRA section 4(i)(1) (7 U.S.C. 136a-1(i)(1)) requires that all pesticide registrants pay an annual registration maintenance fee, due by January 15 of each year, to keep their registrations in effect. This requirement applies to all registrations granted under FIFRA section 3 (7 U.S.C. 136a) as well as those granted under FIFRA section 24(c) (7 U.S.C. 136v(c)) to meet special local needs. Registrations for which the fee is not paid are subject to cancellation by order and without a hearing pursuant to FIFRA section 4(i)(1)(M) (7 U.S.C. 136a-1(i)(1)(M)). Accordingly, no comment period is being provided for the products listed in table 3 of unit XXII.

EPA recognizes that this notice of intent to cancel pursuant to FIFRA section 4(i)(1)(M) for failure to pay 2024 FIFRA maintenance fees is being issued at roughly the same time as the notice of cancellation for failure to pay 2023 FIFRA maintenance fees. This timing largely results from unusual circumstances in fiscal year 2023, where FIFRA section 4(i) maintenance fees were collected in two billing cycles, as opposed to the normal single billing cycle. For additional explanation of the circumstances resulting in that procedural change, please refer to the document published in the Federal Register on October 16, 2024, titled “Pesticide Registration Maintenance Fee: Product Cancellation Order for Certain Pesticide Registrations” (89 FR 83474) (FRL-12275-01). Accordingly, multiple products listed in tables 1 and 3 of this notice may have already been cancelled as a result of the 2023 FIFRA maintenance fee collection process.

IV. Procedures for Withdrawal of Request

Registrants who choose to withdraw a request for cancellation should submit such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT . If the products 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 cancellation action. Upon cancellation of the products identified in table 1 of unit II, the registrants listed in table 2 of unit II will be permitted to sell and distribute existing stocks of these products for one year after the date that the cancellation notice is published in the Federal Register . Thereafter, registrants will be prohibited from selling or distributing the pesticides identified in table 1 of unit II, except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such 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 cancelled products.

Under EPA's existing stocks policy, if a registrant fails to pay the appropriate maintenance fee and the product subject to that fee is later cancelled, the registrant will generally not be allowed to sell or distribute existing stocks of the cancelled product more than 1 year after the date the maintenance fee was due. Here, the registrants of products listed in table 3 were required to submit maintenance fees by January 16, 2024. Accordingly, the registrants listed in table 4 of unit II will be permitted to sell and distribute existing stocks of products listed in table 3 until January 16, 2025. Thereafter, the registrants are prohibited from selling or distributing products listed in table 3, except for export in accordance with FIFRA section 17 (7 U.S.C. 136o), or proper disposal. Persons other than registrants listed in table 4 may sell, distribute, or use existing stocks of products listed in Table 3 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 cancelled products.

Authority:7 U.S.C. 136 et seq.

89 FR 91382