Chlorpyrifos; Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses, 37875-37877 [2023-12354]
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16:49 Jun 08, 2023
[EPA–HQ–OPP–2022–0223; FRL–11017–01–
OCSPP]
Chlorpyrifos; Notice of Receipt of
Requests To Voluntarily Cancel
Certain Pesticide Registrations and
Amend Registrations To Terminate
Certain Uses
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
In accordance with the
Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), EPA is issuing
a notice of receipt of requests by
registrants to voluntarily cancel
registrations of certain products
containing the pesticide chlorpyrifos
and to amend their chlorpyrifos
registrations to terminate one or more
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 further review of the requests, or
unless the registrants withdraw their
requests. If these requests are granted,
any sale, distribution, or use of the
products listed in this notice after the
registrations have been cancelled or the
uses terminated would need to be
consistent with the terms as described
in the final order.
DATES: Comments must be received on
or before December 6, 2023.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2022–0223, is
available at https://
www.regulations.gov. Additional
instructions on visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets. For the latest
status information on EPA/DC services
and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Patricia Biggio, Pesticide Re-Evaluation
Division (7508M), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: (202) 566–0700; email address:
OPPChlorpyrifosInquiries@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. General Information
[FR Doc. 2023–12371 Filed 6–8–23; 8:45 am]
VerDate Sep<11>2014
ENVIRONMENTAL PROTECTION
AGENCY
Jkt 259001
A. Does this action apply to me?
This action is directed to the public
in general and may be of interest to a
PO 00000
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37875
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 https://
www.regulations.gov or email. If you
wish to include CBI in your comment,
please follow the applicable instructions
at https://www.epa.gov/dockets/
commenting-epa-dockets#rules and
clearly mark the part or all of the
information that you claim to be 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
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. What action is the Agency taking?
This notice announces receipt by the
Agency of requests from registrants to
cancel certain pesticide product
registrations and terminate certain uses
of product registrations. The affected
registrations are listed in sequence by
registration number in Table 1 and
Table 2 of this unit. Table 3 of this unit
includes the names and addresses of
record for the registrants of the products
listed in Table 1 and Table 2 of this
Unit, in sequence by EPA company
number. This company number
corresponds to the first part of the EPA
registration numbers of the products
listed in Table 1 and Table 2 of this
unit.
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 a final order in the
Federal Register terminating the
affected uses and cancelling the affected
registrations.
E:\FR\FM\09JNN1.SGM
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37876
Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices
TABLE 1—CHLORPYRIFOS REGISTRATIONS WITH PENDING REQUESTS FOR TERMINATION OF USE
lotter on DSK11XQN23PROD with NOTICES1
Registration No.
Product name
Company
Uses to be deleted
93182–3 ..............
Chlorpyrifos Technical
Gharda Chemicals
International, Inc.
93182–7 ..............
Pilot 4E Chlorpyrifos
Agricultural Insecticide.
Gharda Chemicals
International, Inc.
93182–8 ..............
Pilot 15G Chlorpyrifos
Agricultural Insecticide.
Gharda Chemicals
International, Inc.
Alfalfa (except in AZ, CO, IA, ID, IL, KS, MI, MN, MO, MT, ND, NE,
NM, NV, OK, OR, SD, TX, UT, WA, WI, WY), banana, blueberry,
caneberry, cherimoya, citrus fruits (except in AL, FL, GA, NC, SC,
TX), corn, cotton (except in AL, FL, GA, NC, SC, VA), cranberries,
cucumber, date, feijoa, figs, grapes, kiwifruit, leek, legume vegetables
(except soybean), mint, onions (dry bulb), pea, peanuts, pepper,
pumpkin, sweet potatoes, sugarcane, sorghum, soybeans (except in
AL, CO, FL, GA, IA, IL, IN, KS, KY, MN, MO, MT, NC, ND, NE, NM,
OH, OK, PA, SC, SD, TN, TX, VA, WI, WV, WY), sunflowers, sugar
beets (except in IA, ID, IL, MI, MN, ND, OR, WA, WI), strawberries
(except in OR), tree fruit (apples (except in AL, DC, DE, GA, ID, IN,
KY, MD, MI, NJ, NY, OH, OR, PA, TN, VA, VT, WA, WV), cherries
(except tart cherries in MI), peaches (except in AL, DC, DE, FL, GA,
MD, MI, NC, NJ, NY, OH, PA, SC, TX, VA, VT, WV) and nectarines),
pears, plums/prunes, tree nuts (almonds, filberts, pecans and walnuts), vegetables (cauliflower, broccoli, Brussels sprouts, cabbage,
collards, kale, kohlrabi, turnips, radishes, and rutabagas), and wheat
(except spring wheat in CO, KS, MO, MT, ND, NE, SD, WY and winter wheat in CO, IA, KS, MN, MO, MT, ND, NE, OK, SD, TX, WY).
Alfalfa (except in AZ, CO, IA, ID, IL, KS, MI, MN, MO, MT, ND, NE,
NM, NV, OK, OR, SD, TX, UT, WA, WI, WY), apple (except in AL,
DC, DE, GA, ID, IN, KY, MD, MI, NJ, NY, OH, OR, PA, TN, VA, VT,
WA, WV), asparagus, brassica (cole) leafy vegetables, broccoli, broccoli rabe, Brussels sprouts, cabbage, cauliflower, cavalo broccoli,
Chinese broccoli, Chinese cabbage, collards, kale, kohlrabi, mizuna,
mustard greens, mustard spinach, rape greens, radish, rutabaga, turnip, citrus fruits and citrus orchard floors (except in AL, FL, GA, NC,
SC, TX), corn (field corn and sweet corn, including corn grown for
seed), cotton (except in AL, FL, GA, NC, SC, VA), cranberries, figs,
grape, legume vegetables (succulent or dried, adzuki bean, asparagus bean, bean, blackeyed pea, broad bean (dry and succulent),
catjang, chickpea, Chinese longbean, cowpea, crowder pea, dwarf
bean, edible pod pea, English pea, fava bean, field bean, field pea,
garbanzo bean, garden pea, grain lupin, green pea, guar, hyacinth
bean, jackbean, kidney bean, lablab bean, lentil, lima bean (dry and
green), moth bean, mung bean, navy bean, pea, pigeon pea, pinto
bean, rice bean, runner bean, snap bean, snow pea, southern pea,
sugar snap pea, sweet lupin, tepary bean, urd bean, white lupin,
white sweet lupin, yardlong bean), onions (dry bulb), peanut, pear,
peppermint and spearmint, sorghum—grain sorghum (milo), soybean
(except in AL, CO, FL, GA, IA, IL, IN, KS, KY, MN, MO, MT, NC, ND,
NE, NM, OH, OK, PA, SC, SD, TN, TX, VA, WI, WV, WY), strawberry
(except in OR), sugar beet (except in IA, ID, IL, MI, MN, ND, OR,
WA, WI), sunflower, sweet potato, almond, walnut (dormant/delayed
dormant sprays), tree fruits (except apple, peaches, and cherries)
and almond, tree nuts (foliar sprays), tree nut orchard floors, wheat
(except spring wheat in CO, KS, MO, MT, ND, NE, SD, WY and winter wheat in CO, IA, KS, MN, MO, MT, ND, NE, OK, SD, TX, WY),
cherries (except tart cherries in MI), nectarine, plum, prune, peaches
(except in AL, DC, DE, FL, GA, MD, MI, NC, NJ, NY, OH, PA, SC,
TX, VA, VT, WV).
Citrus and citrus orchard floors (except in AL, FL, GA, NC, SC, TX),
Cole crops (Brassica) leafy vegetables: (Bok choy, broccoli, Brussels
sprouts, cabbage, Chinese cabbage, cauliflower, collards, kale, kohlrabi, broccoli rabe, Chinese broccoli), onions (dry bulb), radishes, rutabagas, sweet potatoes, corn, alfalfa (except in AZ, CO, IA, ID, IL,
KS, MI, MN, MO, MT, ND, NE, NM, NV, OK, OR, SD, TX, UT, WA,
WI, WY), sorghum—grain sorghum (milo), soybeans (except in AL,
CO, FL, GA, IA, IL, IN, KS, KY, MN, MO, MT, NC, ND, NE, NM, OH,
OK, PA, SC, SD, TN, TX, VA, WI, WV, WY), peanuts, sugar beets
(except in IA, ID, IL, MI, MN, ND, OR, WA, WI), turnips, and sunflowers.
TABLE 2—CHLORPYRIFOS PRODUCT REGISTRATION WITH PENDING REQUEST FOR CANCELLATION
Registration No.
Company No.
62719–72 ..........
62719
VerDate Sep<11>2014
16:49 Jun 08, 2023
Product name
Active ingredients
Dursban 50W in Water Soluble Packets ....................
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Chlorpyrifos.
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Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices
37877
TABLE 3—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION AND/OR TERMINATION OF USES
EPA company No.
lotter on DSK11XQN23PROD with NOTICES1
62719 ...................
93182 ...................
Company name and address
Corteva Agriscience, LLC, 9330 Zionsville Rd., Indianapolis, IN 46268.
Gharda Chemicals International, Inc., 4032 Crockers Lake Blvd., Suite 818, Sarasota, FL 34238.
III. What is the Agency’s authority for
taking these actions?
person listed under FOR FURTHER
INFORMATION CONTACT. If the products
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 or amended to
terminate one or more registered 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.
EPA is exercising its discretion not to
waive the 180-day comment period. No
waiver requests have been made by the
registrants listed in Table 3, in which
case, EPA would typically provide the
180-day comment period. In this
instance, while there is a concern for
food uses remaining registered in the
absence of tolerances, the products
identified in this document cannot be
used on food—for the products
identified in Table 1, tolerances have
been revoked, which means that any use
of the products in Table 1 on food
would render the food adulterated; the
product in Table 2 is not registered for
use on food. Moreover, there is an
ongoing proceeding to cancel the
products identified in Table 1 under
FIFRA section 6(b) (7 U.S.C. 136d(b)).
Therefore, EPA is providing a 180-day
comment period.
have been subject to a previous
cancellation action, the effective date of
cancellation and all other provisions of
any earlier cancellation action are
controlling.
IV. Procedures for Withdrawal of
Request
Registrants who choose to withdraw a
request for cancellation or use
termination/deletion should submit
such withdrawal in writing to the
VerDate Sep<11>2014
16:49 Jun 08, 2023
Jkt 259001
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.
If the requests for voluntary
cancellation and amendments to
terminate uses are granted, the Agency
intends to publish a final 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 Tables 1 and 2 of Unit
II.
A. Products Listed in Table 1 of Unit II
If EPA grants the registrant’s request
to terminate uses for the products listed
in Table 1 of Unit II, the existing stocks
of those products will continue to bear
labeling for use on food and non-food
use sites. Because all chlorpyrifos
tolerances expired on February 28,
2022, use of chlorpyrifos in or on food
will result in adulterated food, which
cannot be delivered into interstate
commerce. Such use would be
inconsistent with FIFRA; therefore, EPA
will prohibit any use of existing stocks
for use on food, including the food uses
that the registrant seeks to retain. Use of
existing stocks of chlorpyrifos products
identified in Table 1 of Unit II will be
permitted only for non-food uses
identified on the existing labels, as long
as such use is consistent with the label.
EPA intends to prohibit all sale and
distribution of existing stocks of the
chlorpyrifos products identified in
Table 1 of Unit II because those
products would continue to bear
labeling allowing use on food, for which
there are no tolerances, except for
export consistent with FIFRA section 17
(7 U.S.C. 136o), or for proper disposal
in accordance with state regulations. In
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addition, if EPA and Gharda develop an
agreement for return of Gharda’s
products, EPA intends to include in the
final cancellation order terms allowing
for distribution consistent with that
return program.
B. Product Listed in Table 2 of Unit II
The product listed in Table 2 of Unit
II bears labeling only for non-food use.
At this time, EPA has identified no
significant potential risk concerns
associated with the product identified
in Table 2 of Unit II. Therefore, EPA
intends to allow Corteva to sell and
distribute existing stocks of that product
for one year after publication of the
cancellation order. Thereafter, Corteva
will be prohibited from selling and
distributing existing stocks of the
product, except for export consistent
with FIFRA section 17 (7 U.S.C. 136o),
or for proper disposal in accordance
with state regulations.
Persons other than Corteva 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.
Authority: 7 U.S.C. 136 et seq.
Dated: June 5, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2023–12354 Filed 6–8–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2003–0004; FRL–11013–
01–OCSPP]
Access to Confidential Business
Information by Agile Decision
Sciences, LLC
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
EPA has authorized its
contractor Agile Decision Sciences, LLC
of Huntsville, AL to access information
which has been submitted to EPA under
all Sections of the Toxic Substances
Control Act (TSCA). Some of the
information may be claimed or
SUMMARY:
E:\FR\FM\09JNN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37875-37877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12354]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0223; FRL-11017-01-OCSPP]
Chlorpyrifos; Notice of Receipt of Requests To Voluntarily Cancel
Certain Pesticide Registrations and Amend Registrations To Terminate
Certain Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by registrants to voluntarily cancel registrations of certain products
containing the pesticide chlorpyrifos and to amend their chlorpyrifos
registrations to terminate one or more 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 further review of the requests, or unless the
registrants withdraw their requests. If these requests are granted, any
sale, distribution, or use of the products listed in this notice after
the registrations have been cancelled or the uses terminated would need
to be consistent with the terms as described in the final order.
DATES: Comments must be received on or before December 6, 2023.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2022-0223, is available at
https://www.regulations.gov. Additional instructions on visiting the
docket, along with more information about dockets generally, is
available at https://www.epa.gov/dockets. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Patricia Biggio, Pesticide Re-
Evaluation Division (7508M), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (202) 566-0700; 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. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
https://www.regulations.gov or email. If you wish to include CBI in
your comment, please follow the applicable instructions at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly mark the
part or all of the information that you claim to be 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 https://www.epa.gov/dockets/commenting-epa-dockets.
II. What action is the Agency taking?
This notice announces receipt by the Agency of requests from
registrants to cancel certain pesticide product registrations and
terminate certain uses of product registrations. The affected
registrations are listed in sequence by registration number in Table 1
and Table 2 of this unit. Table 3 of this unit includes the names and
addresses of record for the registrants of the products listed in Table
1 and Table 2 of this Unit, in sequence by EPA company number. This
company number corresponds to the first part of the EPA registration
numbers of the products listed in Table 1 and Table 2 of this unit.
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 a final order in the Federal
Register terminating the affected uses and cancelling the affected
registrations.
[[Page 37876]]
Table 1--Chlorpyrifos Registrations With Pending Requests for Termination of Use
----------------------------------------------------------------------------------------------------------------
Registration No. Product name Company Uses to be deleted
----------------------------------------------------------------------------------------------------------------
93182-3.................... Chlorpyrifos Technical Gharda Chemicals Alfalfa (except in AZ, CO, IA, ID,
International, Inc. IL, KS, MI, MN, MO, MT, ND, NE, NM,
NV, OK, OR, SD, TX, UT, WA, WI,
WY), banana, blueberry, caneberry,
cherimoya, citrus fruits (except in
AL, FL, GA, NC, SC, TX), corn,
cotton (except in AL, FL, GA, NC,
SC, VA), cranberries, cucumber,
date, feijoa, figs, grapes,
kiwifruit, leek, legume vegetables
(except soybean), mint, onions (dry
bulb), pea, peanuts, pepper,
pumpkin, sweet potatoes, sugarcane,
sorghum, soybeans (except in AL,
CO, FL, GA, IA, IL, IN, KS, KY, MN,
MO, MT, NC, ND, NE, NM, OH, OK, PA,
SC, SD, TN, TX, VA, WI, WV, WY),
sunflowers, sugar beets (except in
IA, ID, IL, MI, MN, ND, OR, WA,
WI), strawberries (except in OR),
tree fruit (apples (except in AL,
DC, DE, GA, ID, IN, KY, MD, MI, NJ,
NY, OH, OR, PA, TN, VA, VT, WA,
WV), cherries (except tart cherries
in MI), peaches (except in AL, DC,
DE, FL, GA, MD, MI, NC, NJ, NY, OH,
PA, SC, TX, VA, VT, WV) and
nectarines), pears, plums/prunes,
tree nuts (almonds, filberts,
pecans and walnuts), vegetables
(cauliflower, broccoli, Brussels
sprouts, cabbage, collards, kale,
kohlrabi, turnips, radishes, and
rutabagas), and wheat (except
spring wheat in CO, KS, MO, MT, ND,
NE, SD, WY and winter wheat in CO,
IA, KS, MN, MO, MT, ND, NE, OK, SD,
TX, WY).
93182-7.................... Pilot 4E Chlorpyrifos Gharda Chemicals Alfalfa (except in AZ, CO, IA, ID,
Agricultural International, Inc. IL, KS, MI, MN, MO, MT, ND, NE, NM,
Insecticide. NV, OK, OR, SD, TX, UT, WA, WI,
WY), apple (except in AL, DC, DE,
GA, ID, IN, KY, MD, MI, NJ, NY, OH,
OR, PA, TN, VA, VT, WA, WV),
asparagus, brassica (cole) leafy
vegetables, broccoli, broccoli
rabe, Brussels sprouts, cabbage,
cauliflower, cavalo broccoli,
Chinese broccoli, Chinese cabbage,
collards, kale, kohlrabi, mizuna,
mustard greens, mustard spinach,
rape greens, radish, rutabaga,
turnip, citrus fruits and citrus
orchard floors (except in AL, FL,
GA, NC, SC, TX), corn (field corn
and sweet corn, including corn
grown for seed), cotton (except in
AL, FL, GA, NC, SC, VA),
cranberries, figs, grape, legume
vegetables (succulent or dried,
adzuki bean, asparagus bean, bean,
blackeyed pea, broad bean (dry and
succulent), catjang, chickpea,
Chinese longbean, cowpea, crowder
pea, dwarf bean, edible pod pea,
English pea, fava bean, field bean,
field pea, garbanzo bean, garden
pea, grain lupin, green pea, guar,
hyacinth bean, jackbean, kidney
bean, lablab bean, lentil, lima
bean (dry and green), moth bean,
mung bean, navy bean, pea, pigeon
pea, pinto bean, rice bean, runner
bean, snap bean, snow pea, southern
pea, sugar snap pea, sweet lupin,
tepary bean, urd bean, white lupin,
white sweet lupin, yardlong bean),
onions (dry bulb), peanut, pear,
peppermint and spearmint, sorghum--
grain sorghum (milo), soybean
(except in AL, CO, FL, GA, IA, IL,
IN, KS, KY, MN, MO, MT, NC, ND, NE,
NM, OH, OK, PA, SC, SD, TN, TX, VA,
WI, WV, WY), strawberry (except in
OR), sugar beet (except in IA, ID,
IL, MI, MN, ND, OR, WA, WI),
sunflower, sweet potato, almond,
walnut (dormant/delayed dormant
sprays), tree fruits (except apple,
peaches, and cherries) and almond,
tree nuts (foliar sprays), tree nut
orchard floors, wheat (except
spring wheat in CO, KS, MO, MT, ND,
NE, SD, WY and winter wheat in CO,
IA, KS, MN, MO, MT, ND, NE, OK, SD,
TX, WY), cherries (except tart
cherries in MI), nectarine, plum,
prune, peaches (except in AL, DC,
DE, FL, GA, MD, MI, NC, NJ, NY, OH,
PA, SC, TX, VA, VT, WV).
93182-8.................... Pilot 15G Chlorpyrifos Gharda Chemicals Citrus and citrus orchard floors
Agricultural International, Inc. (except in AL, FL, GA, NC, SC, TX),
Insecticide. Cole crops (Brassica) leafy
vegetables: (Bok choy, broccoli,
Brussels sprouts, cabbage, Chinese
cabbage, cauliflower, collards,
kale, kohlrabi, broccoli rabe,
Chinese broccoli), onions (dry
bulb), radishes, rutabagas, sweet
potatoes, corn, alfalfa (except in
AZ, CO, IA, ID, IL, KS, MI, MN, MO,
MT, ND, NE, NM, NV, OK, OR, SD, TX,
UT, WA, WI, WY), sorghum--grain
sorghum (milo), soybeans (except in
AL, CO, FL, GA, IA, IL, IN, KS, KY,
MN, MO, MT, NC, ND, NE, NM, OH, OK,
PA, SC, SD, TN, TX, VA, WI, WV,
WY), peanuts, sugar beets (except
in IA, ID, IL, MI, MN, ND, OR, WA,
WI), turnips, and sunflowers.
----------------------------------------------------------------------------------------------------------------
Table 2--Chlorpyrifos Product Registration With Pending Request for
Cancellation
------------------------------------------------------------------------
Active
Registration No. Company No. Product name ingredients
------------------------------------------------------------------------
62719-72............. 62719 Dursban 50W in Chlorpyrifos.
Water Soluble
Packets.
------------------------------------------------------------------------
[[Page 37877]]
Table 3--Registrants Requesting Voluntary Cancellation and/or
Termination of Uses
------------------------------------------------------------------------
EPA company No. Company name and address
------------------------------------------------------------------------
62719..................... Corteva Agriscience, LLC, 9330 Zionsville
Rd., Indianapolis, IN 46268.
93182..................... Gharda Chemicals International, Inc., 4032
Crockers Lake Blvd., Suite 818, Sarasota,
FL 34238.
------------------------------------------------------------------------
III. What is the Agency's authority for taking these actions?
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 or amended to terminate one or
more registered 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.
EPA is exercising its discretion not to waive the 180-day comment
period. No waiver requests have been made by the registrants listed in
Table 3, in which case, EPA would typically provide the 180-day comment
period. In this instance, while there is a concern for food uses
remaining registered in the absence of tolerances, the products
identified in this document cannot be used on food--for the products
identified in Table 1, tolerances have been revoked, which means that
any use of the products in Table 1 on food would render the food
adulterated; the product in Table 2 is not registered for use on food.
Moreover, there is an ongoing proceeding to cancel the products
identified in Table 1 under FIFRA section 6(b) (7 U.S.C. 136d(b)).
Therefore, EPA is providing a 180-day comment period.
IV. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for cancellation or
use termination/deletion 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.
If the requests for voluntary cancellation and amendments to
terminate uses are granted, the Agency intends to publish a final
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 Tables 1 and 2 of Unit II.
A. Products Listed in Table 1 of Unit II
If EPA grants the registrant's request to terminate uses for the
products listed in Table 1 of Unit II, the existing stocks of those
products will continue to bear labeling for use on food and non-food
use sites. Because all chlorpyrifos tolerances expired on February 28,
2022, use of chlorpyrifos in or on food will result in adulterated
food, which cannot be delivered into interstate commerce. Such use
would be inconsistent with FIFRA; therefore, EPA will prohibit any use
of existing stocks for use on food, including the food uses that the
registrant seeks to retain. Use of existing stocks of chlorpyrifos
products identified in Table 1 of Unit II will be permitted only for
non-food uses identified on the existing labels, as long as such use is
consistent with the label.
EPA intends to prohibit all sale and distribution of existing
stocks of the chlorpyrifos products identified in Table 1 of Unit II
because those products would continue to bear labeling allowing use on
food, for which there are no tolerances, except for export consistent
with FIFRA section 17 (7 U.S.C. 136o), or for proper disposal in
accordance with state regulations. In addition, if EPA and Gharda
develop an agreement for return of Gharda's products, EPA intends to
include in the final cancellation order terms allowing for distribution
consistent with that return program.
B. Product Listed in Table 2 of Unit II
The product listed in Table 2 of Unit II bears labeling only for
non-food use. At this time, EPA has identified no significant potential
risk concerns associated with the product identified in Table 2 of Unit
II. Therefore, EPA intends to allow Corteva to sell and distribute
existing stocks of that product for one year after publication of the
cancellation order. Thereafter, Corteva will be prohibited from selling
and distributing existing stocks of the product, except for export
consistent with FIFRA section 17 (7 U.S.C. 136o), or for proper
disposal in accordance with state regulations.
Persons other than Corteva 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.
Authority: 7 U.S.C. 136 et seq.
Dated: June 5, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2023-12354 Filed 6-8-23; 8:45 am]
BILLING CODE 6560-50-P
