Cancellation Order for Certain Pesticide Registrations and Amendments To Terminate Uses, 310-312 [2019-28336]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Notices]
[Pages 310-312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28336]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0014; FRL-10002-95]


Cancellation Order for Certain Pesticide Registrations and 
Amendments To Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations and 
amendments to terminate uses, voluntarily requested by the registrants 
and accepted by the Agency, of the products listed in Table 1 and Table 
2 of Unit II, pursuant to the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA). This cancellation order follows a June 5, 2019 
Federal Register Notice of Receipt of Requests from the registrants 
listed in Table 3 of Unit II to voluntarily cancel and amend to 
terminate uses of these product registrations. In the June 5, 2019 
notice, EPA indicated that it would issue an order implementing the 
cancellations and amendments to terminate uses, unless the Agency 
received substantive comments within the 180-day comment period that 
would merit its further review of these requests, or unless the 
registrants withdrew their requests. The Agency received three comments 
on the notice, but they did not merit its further review of the 
requests. Further, the registrants did not withdraw their requests. 
Accordingly, EPA hereby issues in this notice a cancellation order 
granting the requested cancellations and 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 amendments are effective January 3, 2020.

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: [email protected].

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-2018-0014, 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 (703) 305-5805. 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 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 Table 1 and Table 2 of this unit.

[[Page 311]]



                                         Table 1--Product Cancellations
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        Registration No.                   Company No.                 Product name         Active ingredients
----------------------------------------------------------------------------------------------------------------
5481-79........................  5481...........................  Alco Sta-Gon            Boric acid.
                                                                   Insecticidal Dust.
5481-132.......................  5481...........................  Cryolite 93...........  Cryolite.
39967-82.......................  39967..........................  Preventol PTAP........  4-tert-Amylphenol.
73049-9........................  73049..........................  DeVine Mycoherbicide..  Live Chlamydospores of
                                                                                           Phytophthora
                                                                                           palmivora MWV.
CA-070018......................  60256..........................  Lorsban 30 Flowable...  Chlorpyrifos.
WY-070004......................  400............................  Acramite-4SC..........  Bifenazate.
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                           Table 2--Product Registration Amendments To Terminate Uses
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                                                                            Active
     Registration No.             Company No.           Product name      ingredient      Uses to be terminated
----------------------------------------------------------------------------------------------------------------
81964-4..................  81964....................  Tide             Triadimefon....  Pineapple use.
                                                       Triadimefon
                                                       Technical.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for 
all the registrants of the products listed 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 in 
Table 1 and Table 2 of this unit.

                             Table 3--Registrants of Cancelled and Amended Products
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        EPA company No.                                      Company name and address
----------------------------------------------------------------------------------------------------------------
400............................  Macdermid Agricultural Solutions, Inc.,
                                 C/O Arysta LifeScience North America, LLC,
                                 15401 Weston Parkway, Suite 150,
                                 Cary, NC 27513.
5481...........................  Amvac Chemical Corporation,
                                 4695 Macarthur Court, Suite 1200,
                                 Newport Beach, CA 92660-1706.
39967..........................  Lanxess Corporation,
                                 111 RIDC Park West Drive,
                                 Pittsburgh, PA 15275-1112.
60256..........................  California Seed Association,
                                 1521 ``I'' Street,
                                 Sacramento, CA 95814.
73049..........................  Valent U.S.A., LLC,
                                 1600 Riviera Avenue, Suite 200,
                                 Walnut Creek, CA 94596-8025.
81964..........................  Chemstarr, LLC,
                                 Agent Name: Pyxis Regulatory Consulting, Inc.,
                                 4110 136th Street Ct. NW,
                                 Gig Harbor, WA 98332.
----------------------------------------------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    During the public comment period provided, EPA received three 
public comments; two of them are anonymous, in response to the June 5, 
2019 Federal Register (84 FR 26104) (FRL-9994-17) notice announcing the 
Agency's receipt of the requests for voluntary cancellations and 
amendments to terminate uses of products listed in Tables 1 and 2 of 
Unit II. The Agency does not believe that the comments submitted during 
the comment period merit further review or a denial of the requests for 
voluntary cancellation and/or use termination.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)(1)), EPA hereby 
approves the requested cancellations and amendments to terminate uses 
of the 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 amended to 
terminate the affected uses. The effective date of the cancellations 
and amendments listed in Table 1 and Table 2 that are subject of this 
notice is January 3, 2020. 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 June 
5, 2019.

[[Page 312]]

The comment period closed on December 2, 2019.

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 all voluntary cancellations, identified in Table 1 of Unit II, 
the registrants may continue to sell and distribute existing stocks of 
the products listed in Table 1 until January 4, 2021, which is one year 
after publication of this cancellation order in the Federal Register. 
Thereafter, the registrants are prohibited from selling or distributing 
the 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 
amendment to terminate uses, registrants are permitted to sell or 
distribute products listed in Table 2 of Unit II under the previously 
approved labeling until July 6, 2021, 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 use 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.

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

    Dated: December 11, 2019.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2019-28336 Filed 1-2-20; 8:45 am]
BILLING CODE 6560-50-P