Chlorpyrifos; Notice Receipt of Request To Voluntarily Cancel Certain Pesticide Registrations, 59521-59522 [2023-18544]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Notices]
[Pages 59521-59522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18544]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0223; FRL-11357-01-OCSPP]


Chlorpyrifos; Notice Receipt of Request To Voluntarily Cancel 
Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide and 
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests 
by Loveland Products, Inc. (hereafter referred to as Loveland) to 
voluntarily cancel registrations of certain products containing the 
pesticide chlorpyrifos. 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 the registrant withdraws 
their request. If these requests are granted, any sale, distribution, 
or use of the products listed in this notice after the registrations 
have been cancelled would need to be consistent with the terms as 
described in the final cancellation order.

DATES: Comments must be received on or before September 28, 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. 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

[[Page 59522]]

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 
Loveland to cancel certain pesticide product registrations. These 
affected registrations are listed in sequence by registration number in 
Table 1 of this Unit. Table 2 of this Unit includes the address of 
record for Loveland and the company number. This number corresponds to 
the first part of the EPA registration number of the products listed in 
Table 1 of this Unit.
    Unless the Agency determines that there are substantive comments 
that warrant further review of the requests or Loveland withdraws the 
requests, EPA intends to issue a final order in the Federal Register 
cancelling the affected registrations.

               Table 1--Chlorpyrifos Product Registrations With Pending Requests for Cancellation
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       EPA registration No.            Product name            Company                Active ingredients
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34704-857........................  Warhawk.............  Loveland Products,   Chlorpyrifos.
                                                          Inc.
34704-1077.......................  Warhawk Clearform...  Loveland Products,   Chlorpyrifos.
                                                          Inc.
34704-1086.......................  Match-Up Insecticide  Loveland Products,   Chlorpyrifos Bifenthrin.
                                                          Inc.
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          Table 2--Registrant Requesting Voluntary Cancellation
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          EPA company No.                 Company name and address
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34704.............................  Loveland Products, Inc., Agent name:
                                     Pyxis Regulatory Consulting, 4110
                                     136th St. Ct. NW, Gig Harbor, WA
                                     98332.
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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 registrant requests 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.
    Loveland has requested that EPA waive the 180-day comment period. 
Accordingly, EPA will provide a 30-day comment period on the proposed 
requests.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation or 
withdraw a request for a use termination 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 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, EPA proposes to include the following provisions 
for the treatment of any existing stocks of the products listed in 
Table 1 of Unit II.
    All chlorpyrifos tolerances expired on February 28, 2022. See 87 FR 
11222 (Feb. 28, 2022). Therefore, any food or animal feed treated with 
chlorpyrifos after February 28, 2022, is considered adulterated and 
cannot be delivered into interstate commerce. Consequently, EPA plans 
to prohibit existing stocks of chlorpyrifos products identified in 
Table 1 for food uses. Use of the products identified in Table 1 is 
permitted on non-food use sites, as long as such use is consistent with 
the label. EPA proposes prohibiting all sale and distribution of 
existing stocks of the chlorpyrifos products identified in Table 1, 
except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or 
for proper disposal in accordance with state regulations.
    Authority: 7 U.S.C. 136 et seq.

    Dated: August 22, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2023-18544 Filed 8-28-23; 8:45 am]
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