Final Cancellation Order for Certain Chlorpyrifos Registrations and Uses, 76213-76216 [2023-24462]
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
40 °C. The unit is configured for 24, 1hour average measurements of PM10 by
beta attenuation, using a glass fiber
paper tape roll (VPM–1006). The unit
operates at a sample flow rate of 16.67
liters/min, with PM10 inlet meeting 40
CFR part 50 appendix L specifications,
and heated inlet to control sample
relative humidity to 35%. Instrument
must be operated in accordance with the
Vair-9009 Operating Manual. This
designation applies to PM10
measurements only.
This application for an equivalent
method determination for this PM10
method was received by the Office of
Research and Development on July 11,
2023. This monitor is commercially
available from the applicant, Vasthi
Instruments, Guntur 522 001, Andhra
Pradesh, India.
A representative test analyzer was
tested in accordance with the applicable
test procedures specified in 40 CFR part
53, as amended on October 26, 2015.
After reviewing the results of those tests
and other information submitted by the
applicant, EPA has determined, in
accordance with 40 CFR part 53, that
these methods should be designated as
equivalent methods.
As designated equivalent methods,
these methods are acceptable for use by
states and other air monitoring agencies
under the requirements of 40 CFR part
58, Ambient Air Quality Surveillance.
For such purposes, these methods must
be used in strict accordance with the
operation or instruction manual
associated with the method and subject
to any specifications and limitations
(e.g., configuration or operational
settings) specified in the designated
method description (see the
identification of the methods above).
Use of the methods also should be in
general accordance with the guidance
and recommendations of applicable
sections of the ‘‘Quality Assurance
Handbook for Air Pollution
Measurement Systems, Volume I,’’ EPA/
600/R–94/038a and ‘‘Quality Assurance
Handbook for Air Pollution
Measurement Systems, Volume II,
Ambient Air Quality Monitoring
Program,’’ EPA–454/B–13–003, (both
available at https://www.epa.gov/ttn/
amtic/qalist.html). Provisions
concerning modification of such
methods by users are specified under
section 2.8 (Modifications of Methods
by Users) of appendix C to 40 CFR part
58.
Consistent or repeated noncompliance
with any of these conditions should be
reported to: Director, Air Methods and
Characterization Division (MD–D205–
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03), Center for Environmental
Measurements and Modeling, U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711.
Designation of these equivalent
methods are intended to assist the States
in establishing and operating their air
quality surveillance systems under 40
CFR part 58. Questions concerning the
commercial availability or technical
aspects of these methods should be
directed to the applicants.
Alice Gilliland,
Acting Director, Center for Environmental
Measurements and Modeling.
[FR Doc. 2023–24495 Filed 11–3–23; 8:45 am]
BILLING CODE 6560–50–P
76213
amendments to terminate uses as shown
in this cancellation order. Any
distribution, sale, or use of existing
stocks of these products subject to this
cancellation order is permitted only in
accordance with the terms of this order.
The cancellations and
amendments are effective November 6,
2023.
DATES:
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:
ENVIRONMENTAL PROTECTION
AGENCY
I. General Information
[EPA–HQ–OPP–2022–0223; FRL–11467–01–
OCSPP]
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.
Final Cancellation Order for Certain
Chlorpyrifos Registrations and Uses
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency (EPA) hereby announces its
final cancellation order for the
cancellations and amendments to
terminate uses voluntarily requested by
the registrants and accepted by the
Agency, of the products in Table 1 and
Table 2 of Unit II, pursuant to the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). This final
cancellation order follows a May 3,
2023, Federal Register Notice of Receipt
of Requests from the registrants listed in
Table 3 of Unit II, to voluntarily cancel
or amend these product registrations. In
the May 3, 2023, notice, EPA indicated
that it would issue a final order
implementing the cancellations and
amendments, unless the Agency
received substantive comments within
the 30-day comment period that would
merit further review of these requests, or
unless the registrants withdrew their
requests. The Agency received two
comments on the notice, which are
summarized in Unit III.B. EPA’s
responses to these comments and its
determination that these comments do
not merit further review of these
cancellation and amendment requests
are included in Unit III.C. None of the
registrants withdrew their request for
these voluntary cancellations or
amendments. Accordingly, EPA hereby
grants the requested cancellations and
SUMMARY:
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A. Does this action apply to me?
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–2022–0223, 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.
Please review the additional
information about the docket available
at https://www.epa.gov/dockets.
II. What action is the Agency taking?
This document announces the
cancellations and amendments through
termination of certain 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.
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
TABLE 1—PRODUCT CANCELLATIONS
EPA registration
No.
Company No.
228–620 ............
228–621 ............
228–624 ............
228–625 ............
53883–394 ........
53883–407 ........
84229–25 ..........
84229–26 ..........
228
228
228
228
53883
53883
84229
84229
Product name
Active ingredients
Nufarm Chlorpyrifos SPC 2.32% G Insecticide .............................................................
Nufarm Chlorpyrifos SPC 1.0% MCB Insecticide ..........................................................
Nufarm Chlorpyrifos SPC 4 Insecticide .........................................................................
Nufarm Chlorpyrifos SPC 2 Insecticide .........................................................................
CSI 16–150 Chlorpyrifos 42 ..........................................................................................
CSI 16–149 Chlorpyrifos 20 ..........................................................................................
Chlorpyrifos 4E AG ........................................................................................................
Chlorpyrifos 15G ............................................................................................................
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos.
Chlorpyrifos.
TABLE 2—CHLORPYRIFOS REGISTRATIONS WITH SPECIFIC USES TO BE TERMINATED
Registration
No.
Company No.
11678–58 .......
66222–19 .......
66222–233 .....
85724–10 .......
11678
66222
66222
85724
Product name
Uses to be terminated
Pyrinex Chlorpyrifos Insecticide ......
Chlorpyrifos 4E AG .........................
Vulcan ..............................................
Akofos 48 EC ..................................
Food processing plants.
Food processing and food manufacturing sites.
Food processing and food manufacturing sites.
Food uses: Alfalfa, apple (including apple tree trunk), asparagus, cherries, citrus fruits (calamondin, chironja, citrus citron, citrus hybrids,
grapefruit, kumquat, lemons, limes, mandarin (tangerine), oranges,
pummelo, satsuma mandarin, tangelo, tangor, and other citrus fruit,
small transplanted grapefruit, orange, and other citrus trees), corn,
cotton, cranberries, figs, grapes, legume vegetables (legume vegetables including adzuki bean, asparagus bean, bean, blackeyed pea,
broad bean (dry and succulent), catjang, chickpea, Chinese
longbean, cowpea, crowder pea, dwarf pea, 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, moth bean, mung bean, navy bean,
pea, pigeon pea, pinto bean, rice bean, runner bean, snap bean,
snow pea, English pea, southern pea, sugar snap pea, sweet lupin,
sword bean, tepary bean, urd bean, wax bean, white lupin, white
sweet lupin, yardlong bean), mint (peppermint and spearmint), nectarines, peaches, almonds, onions, peanuts, pears, sorghum grain
(milo), soybeans, strawberries, sugar beets, sunflowers, sweet potatoes, tree fruits (apples, pears, plums, prunes, peaches, nectarines),
tree nuts (almonds, filberts, pecans, walnuts), vegetables (rutabaga,
broccoli, Brussels sprout, cabbage, cauliflower, Chinese cabbage,
collards, kale, kohlrabi, turnips, radishes), wheat, and food processing plants.
Nonfood uses: Tobacco.
TABLE 3—REGISTRANTS REQUESTING
VOLUNTARY CANCELLATION OR TERMINATION OF USES
EPA company No.
Company name and address
228 .........
NuFarm, 4020 Aerial Center
Pkwy., Suite 101, Morrisville,
NC 27560.
ADAMA US, 3120 Highwoods
Boulevard, Suite 100, Raleigh,
NC 27604.
Control Solutions, Inc., 5903
Genoa Red Bluffs Road, Pasadena, TX 77507.
ADAMA US, 3120 Highwoods
Boulevard, Suite 100, Raleigh,
NC 27604.
Tide International USA, Inc.,
Agent Name: Pyxis Regulatory
Consulting, INC., 4110 136TH
Street CT NW, Gig Harbor, WA
98332.
11678 .....
53883 .....
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66222 .....
84229 .....
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TABLE 3—REGISTRANTS REQUESTING filed on or before the close of the
VOLUNTARY CANCELLATION OR TER- objections period on October 29, 2021.
EPA issued an Order published in the
MINATION OF USES—Continued
EPA company No.
Company name and address
85724 .....
AAKO B.V., c/o Ceres International LLC, 1087 Heartsease
Drive, West Chester, PA
19382.
III. Public Comments
A. Brief History
EPA issued a rule in the Federal
Register on August 30, 2021 (86 FR
48315) (FRL–5993–04–OCSPP) revoking
chlorpyrifos tolerances on the grounds
that they were not safe (the ‘‘Final
Rule’’). Pursuant to the procedures set
forth in FFDCA section 408(g)(2),
objections to, requests for evidentiary
hearings on those objections, and/or
requests for a stay of the Final Rule were
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Federal Register on February 28, 2022
(87 FR 11222) (FRL–5993–05–OCSPP),
denying all objections to the Final Rule
and requests for hearing on those
objections, as well as requests for stay
of the Final Rule (the ‘‘Denial Order’’).
Since the objections process did not
result in any changes to the Final Rule,
chlorpyrifos tolerances expired on
February 28, 2022, under the terms of
the Final Rule. Once the tolerances
expired, use of pesticide products
containing chlorpyrifos on food or feed
crops would result in adulterated food,
which cannot be sold in interstate
commerce. After EPA alerted registrants
of chlorpyrifos products of the lack of
tolerances and the options for their
products, several registrants submitted
requests to voluntarily cancel their
registered chlorpyrifos products or
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
amend their chlorpyrifos pesticide
products to remove food uses. The
registrants identified in Table 3 of Unit
II, among others, submitted such
requests. Notice of EPA’s receipt of
these requests was published for
comment in the Federal Register on
May 3, 2023 (‘‘Notice of Receipt’’). The
30-day public comment period closed
on June 2, 2023.
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B. Summary of Comments Received
During the public comment period,
EPA received two comments in
response to the Notice of Receipt. The
comments can be found in the docket
for this action, identified by docket
identification (ID) number EPA–HQ–
OPP–2022–0223, available at https://
www.regulations.gov and are briefly
summarized here. One comment was
submitted by the American Sugarbeet
Growers Association, U.S. Beet Sugar
Association, and the Beet Sugar
Development Foundation. A second
comment was submitted anonymously
by a private citizen generally supporting
the cancellation of the pesticide.
The comment from the American
Sugarbeet Growers Association, U.S.
Beet Sugar Association, and the Beet
Sugar Development Foundation
opposed the voluntary cancellation of
the products in the Notice of Receipt. In
particular, these commenters specified
concerns that the voluntary cancellation
of chlorpyrifos registrations and
termination of certain uses is premature
while there is ongoing litigation
regarding the Final Rule and Denial
Order in the U.S. Court of Appeals for
the Eighth Circuit, Red River Valley
Sugarbeet Growers Ass’n et al., v.
Regan, et al., Nos. 22–1422, 22–1530
(8th Cir.). These commenters also
specified concerns that the loss of
chlorpyrifos as a pest management tool
will result in substantial increased
costs, lost profits, decreased crop yields,
and a larger environmental impact from
more frequent use of less effective
alternatives.
C. EPA Response to Comments
Regarding the comments submitted by
the American Sugarbeet Growers
Association, U.S. Beet Sugar
Association, and the Beet Sugar
Development Foundation, the
cancellations and amendments
requested by the registrants listed in
Table 3 are appropriate at this time
because section 6(f)(1) of FIFRA allows
registrants to submit, at any time, a
request that EPA cancel their
registrations or amend their registrations
to terminate one or more uses. 7 U.S.C.
136d(f)(1)(A). A registrant may have a
variety of reasons for requesting
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voluntary cancellation of a pesticide
product registration at any time,
including, for example, lack of interest
in maintaining the registration, market
conditions, costs of maintaining the
registration, or the pesticide no longer
being marketed.
EPA cannot compel registrants to
maintain registrations if they request to
voluntarily cancel them. The resolution
and timing of the litigation in the Eighth
Circuit is still unknown, and therefore,
retention of the registrations could
subject registrants to additional
maintenance fees and responsibilities
for those registrations which the
registrants requested cancellation or
amendment. See, e.g., 40 CFR part 152,
subpart G (registrant responsibilities); 7
U.S.C. 136a–1(i)(1) (maintenance fee
obligations); 7 U.S.C. 136e (production
reporting requirements); 7 U.S.C. 136f
(recordkeeping requirements).
Moreover, retention of these
registrations will not make chlorpyrifos
products available for use on sugarbeets
as the commenters desire. As noted in
Unit III.A. above, all tolerances for
residues of chlorpyrifos have been
revoked. The revocation of the
tolerances means that application of
chlorpyrifos to food or feed crops,
including sugarbeets, will result in
adulterated food and/or feed which
cannot be shipped in interstate
commerce. While cancellation of the
eight products in Table 1 and
amendment of four products in Table 2
does not terminate the last of the
chlorpyrifos products registered in the
United States, these products (and other
remaining chlorpyrifos products) cannot
be applied to food crops.
IV. The 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 Table 1 and
Table 2 of Unit II. Accordingly, the
Agency hereby orders that the product
registrations identified in Table 1 of
Unit II are cancelled and the uses
identified on the products listed in
Table 2 of Unit II are terminated.
The cancellations and amendments
addressed in this Order are effective
November 6, 2023. 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 V will
be a violation of FIFRA.
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76215
V. What is the Agency’s authority for
taking these actions?
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 cancelled or amended to
terminate one or more registered uses.
Section 6(f)(1)(B) of FIFRA (7 U.S.C.
136d(f)(1)(B)) further provides that,
before acting on the request for
voluntary cancellation or amendment,
EPA must publish a notice of receipt of
any such request in the Federal Register
and provide a 30-day public comment
period on the request for voluntary
cancellation or use termination.
Following the public comment period,
the EPA Administrator may approve
such a request. The notice for this action
was published for comment in the
Federal Register on May 3, 2023 (88 FR
27882) (FRL–10923–01–OCSPP). The
30-day public comment period closed
on June 2, 2023.
VI. 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.
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
the provisions of FIFRA. EPA is
allowing existing stocks of chlorpyrifos
products identified in Tables 1 and 2
that are already in the hands of endusers to be used only for non-food uses
identified on the existing labels, until
those existing stocks are exhausted, as
long as such use is consistent with the
label. All other use of existing stocks of
these chlorpyrifos products are
prohibited.
Because sale and distribution of
chlorpyrifos products bearing labeling
for use on food is inconsistent with the
purposes of FIFRA, all sale and
distribution of the chlorpyrifos products
identified in Table 1 and Table 2 of Unit
II. is prohibited with the following
exceptions:
1. Existing stocks of all products
listed in Tables 1 and 2 may be sold or
distributed for export consistent with
FIFRA section 17 (7 U.S.C. 136o) and
for proper disposal.
2. Since the issuance of the May 3,
2023, Notice, EPA has realized that
some of the products listed in Table 1
do not bear any labeling for use on food.
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
EPA notified CSI of the approval of
their return program agreement on
October 12, 2023.
This cancellation order also amends
the cancellation order published in the
Federal Register on May 4, 2023 (88 FR
28541) (FRL–10924–01–OCSPP) by
clarifying that any products with the
EPA Reg. No. 66222–19 and bearing the
alternate brand name of Quali-Pro
Chlorpyrifos 4E may be distributed to
CSI pursuant to the CSI return program
agreement referenced above. Products
with the EPA Reg. No. 66222–19 and
bearing the primary brand name of
Chlorpyrifos 4E AG may continue to be
returned to Adama as per the return
program agreement approved by EPA on
April 19, 2023, under the terms of the
May 4 cancellation order.
Additional information regarding the
chlorpyrifos return program for Control
Solutions, Inc. may be found in https://
www.regulations.gov/docket/EPA-HQOPP-2022-0223 or by contacting the
registrant at: Control Solutions, Inc.
Accordingly, existing stocks of those
products, which are listed below, may
be sold or distributed for one year after
the date of this cancellation order:
• Nufarm Chlorpyrifos SPC 2.32% G
Insecticide (EPA Reg. No. 228–620).
• Nufarm Chlorpyrifos SPC 1.0%
MCB Insecticide (EPA Reg. No. 228–
621).
• Nufarm Chlorpyrifos SPC 4
Insecticide (EPA Reg. No. 228–624).
• Nufarm Chlorpyrifos SPC 2
Insecticide (EPA Reg. No. 228–625).
3. Existing stocks of the following
products may be distributed consistent
with the Control Solutions, Inc. (‘‘CSI’’)
return program agreement that EPA
approved on October 12, 2023.
• CSI 16–150 Chlorpyrifos 42 (EPA
Reg. No. 53883–394).
• CSI 16–149 Chlorpyrifos 20 (EPA
Reg. No. 53883–407).
• Quali-Pro Chlorpyrifos 4E (EPA
Reg. No. 66222–19). Quali-Pro
Chlorpyrifos 4E is an alternate brand
name for Chlorpyrifos 4E AG (EPA Reg.
No. 66222–19).
(800) 242–5562 or email: csi-customerservice@controlsolutionsinc.com.
Dated: October 26, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2023–24462 Filed 11–3–23; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Notice of Termination of Receiverships
The Federal Deposit Insurance
Corporation (FDIC or Receiver), as
Receiver for each of the following
insured depository institutions, was
charged with the duty of winding up the
affairs of the former institutions and
liquidating all related assets. The
Receiver has fulfilled its obligations and
made all dividend distributions
required by law.
NOTICE OF TERMINATION OF RECEIVERSHIPS
Fund
10047
10055
10058
10064
10100
10217
10224
10333
10363
10396
10434
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
Receivership name
City
FirstCity Bank ....................................................................................................
First Bank of Idaho, FSB ...................................................................................
Citizens Community Bank .................................................................................
Bank of Lincolnwood .........................................................................................
Community Bank of Nevada .............................................................................
Tamalpais Bank .................................................................................................
Wheatland Bank ................................................................................................
First Community Bank .......................................................................................
The Park Avenue Bank .....................................................................................
Bank of The Commonwealth .............................................................................
Bank of The Eastern Shore ..............................................................................
Stockbridge ......
Ketchum ...........
Ridgewood .......
Lincolnwood .....
Las Vegas ........
San Rafael .......
Naperville ..........
Taos .................
Valdosta ...........
Norfolk ..............
Cambridge ........
ddrumheller on DSK120RN23PROD with NOTICES1
The Receiver has further irrevocably
authorized and appointed FDICCorporate as its attorney-in-fact to
execute and file any and all documents
that may be required to be executed by
the Receiver which FDIC-Corporate, in
its sole discretion, deems necessary,
including but not limited to releases,
discharges, satisfactions, endorsements,
assignments, and deeds. Effective on the
termination dates listed above, the
Receiverships have been terminated, the
Receiver has been discharged, and the
Receiverships have ceased to exist as
legal entities.
(Authority: 12 U.S.C. 1819.)
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on November 1,
2023.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2023–24453 Filed 11–3–23; 8:45 am]
BILLING CODE 6714–01–P
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GENERAL SERVICES
ADMINISTRATION
[Notice–Q–2023–05; Docket No. 2023–0002;
Sequence No. 438]
Federal Secure Cloud Advisory
Committee Notification of Upcoming
Meeting
Federal Acquisition Service
(Q), General Services Administration
(GSA).
ACTION: Meeting notice.
AGENCY:
As stipulated by the Federal
Advisory Committee Act (FACA), GSA
is hereby giving notice of an open
public meeting of the Federal Secure
Cloud Advisory Committee (FSCAC).
Information on attending and providing
public comment is under the
SUPPLEMENTARY INFORMATION section.
DATES: The open public meeting will be
held on Thursday, November 16, 2023,
from 1 p.m. to 3 p.m., eastern standard
SUMMARY:
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State
GA
ID
NJ
IL
NV
CA
IL
NM
GA
VA
MD
Termination
date
11/01/2023
11/01/2023
11/01/2023
11/01/2023
11/01/2023
11/01/2023
11/01/2023
11/01/2023
11/01/2023
11/01/2023
11/01/2023
time (EST). The agenda for the meeting
will be made available prior to the
meeting online at https://gsa.gov/fscac.
ADDRESSES: The meetings will be
accessible via webcast. Registrants will
receive the webcast information before
the meeting.
FOR FURTHER INFORMATION CONTACT:
Michelle White, Designated Federal
Officer (DFO), FSCAC, GSA, 703–489–
4160, fscac@gsa.gov. Additional
information about the Committee,
including meeting materials and
agendas, will be available online at
https://gsa.gov/fscac.
SUPPLEMENTARY INFORMATION:
Background
GSA, in compliance with the
FedRAMP Authorization Act of 2022,
established the FSCAC, a statutory
advisory committee in accordance with
the provisions of FACA (5 U.S.C. 10).
The Federal Risk and Authorization
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]]>Agencies
[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76213-76216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24462]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2022-0223; FRL-11467-01-OCSPP]
Final Cancellation Order for Certain Chlorpyrifos Registrations
and Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) hereby announces its
final cancellation order for the cancellations and amendments to
terminate uses voluntarily requested by the registrants and accepted by
the Agency, of the products in Table 1 and Table 2 of Unit II, pursuant
to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
This final cancellation order follows a May 3, 2023, Federal Register
Notice of Receipt of Requests from the registrants listed in Table 3 of
Unit II, to voluntarily cancel or amend these product registrations. In
the May 3, 2023, notice, EPA indicated that it would issue a final
order implementing the cancellations and amendments, unless the Agency
received substantive comments within the 30-day comment period that
would merit further review of these requests, or unless the registrants
withdrew their requests. The Agency received two comments on the
notice, which are summarized in Unit III.B. EPA's responses to these
comments and its determination that these comments do not merit further
review of these cancellation and amendment requests are included in
Unit III.C. None of the registrants withdrew their request for these
voluntary cancellations or amendments. Accordingly, EPA hereby grants
the requested cancellations and amendments to terminate uses as shown
in this cancellation order. Any distribution, sale, or use of existing
stocks of these products subject to this cancellation order is
permitted only in accordance with the terms of this order.
DATES: The cancellations and amendments are effective November 6, 2023.
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. 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-2022-0223, 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. Please review the additional
information about the docket available at https://www.epa.gov/dockets.
II. What action is the Agency taking?
This document announces the cancellations and amendments through
termination of certain 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 76214]]
Table 1--Product Cancellations
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EPA registration No. Company No. Product name Active ingredients
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228-620............................... 228 Nufarm Chlorpyrifos SPC 2.32% Chlorpyrifos.
G Insecticide.
228-621............................... 228 Nufarm Chlorpyrifos SPC 1.0% Chlorpyrifos.
MCB Insecticide.
228-624............................... 228 Nufarm Chlorpyrifos SPC 4 Chlorpyrifos.
Insecticide.
228-625............................... 228 Nufarm Chlorpyrifos SPC 2 Chlorpyrifos.
Insecticide.
53883-394............................. 53883 CSI 16-150 Chlorpyrifos 42.... Chlorpyrifos.
53883-407............................. 53883 CSI 16-149 Chlorpyrifos 20.... Chlorpyrifos.
84229-25.............................. 84229 Chlorpyrifos 4E AG............ Chlorpyrifos.
84229-26.............................. 84229 Chlorpyrifos 15G.............. Chlorpyrifos.
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Table 2--Chlorpyrifos Registrations With Specific Uses To Be Terminated
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Registration No. Company No. Product name Uses to be terminated
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11678-58.............................. 11678 Pyrinex Chlorpyrifos Food processing plants.
Insecticide.
66222-19.............................. 66222 Chlorpyrifos 4E AG....... Food processing and food
manufacturing sites.
66222-233............................. 66222 Vulcan................... Food processing and food
manufacturing sites.
85724-10.............................. 85724 Akofos 48 EC............. Food uses: Alfalfa, apple
(including apple tree
trunk), asparagus, cherries,
citrus fruits (calamondin,
chironja, citrus citron,
citrus hybrids, grapefruit,
kumquat, lemons, limes,
mandarin (tangerine),
oranges, pummelo, satsuma
mandarin, tangelo, tangor,
and other citrus fruit,
small transplanted
grapefruit, orange, and
other citrus trees), corn,
cotton, cranberries, figs,
grapes, legume vegetables
(legume vegetables including
adzuki bean, asparagus bean,
bean, blackeyed pea, broad
bean (dry and succulent),
catjang, chickpea, Chinese
longbean, cowpea, crowder
pea, dwarf pea, 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, moth bean, mung bean,
navy bean, pea, pigeon pea,
pinto bean, rice bean,
runner bean, snap bean, snow
pea, English pea, southern
pea, sugar snap pea, sweet
lupin, sword bean, tepary
bean, urd bean, wax bean,
white lupin, white sweet
lupin, yardlong bean), mint
(peppermint and spearmint),
nectarines, peaches,
almonds, onions, peanuts,
pears, sorghum grain (milo),
soybeans, strawberries,
sugar beets, sunflowers,
sweet potatoes, tree fruits
(apples, pears, plums,
prunes, peaches,
nectarines), tree nuts
(almonds, filberts, pecans,
walnuts), vegetables
(rutabaga, broccoli,
Brussels sprout, cabbage,
cauliflower, Chinese
cabbage, collards, kale,
kohlrabi, turnips,
radishes), wheat, and food
processing plants.
Nonfood uses: Tobacco.
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Table 3--Registrants Requesting Voluntary Cancellation or Termination of
Uses
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EPA company No. Company name and address
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228............................ NuFarm, 4020 Aerial Center Pkwy., Suite
101, Morrisville, NC 27560.
11678.......................... ADAMA US, 3120 Highwoods Boulevard,
Suite 100, Raleigh, NC 27604.
53883.......................... Control Solutions, Inc., 5903 Genoa Red
Bluffs Road, Pasadena, TX 77507.
66222.......................... ADAMA US, 3120 Highwoods Boulevard,
Suite 100, Raleigh, NC 27604.
84229.......................... Tide International USA, Inc., Agent
Name: Pyxis Regulatory Consulting,
INC., 4110 136TH Street CT NW, Gig
Harbor, WA 98332.
85724.......................... AAKO B.V., c/o Ceres International LLC,
1087 Heartsease Drive, West Chester,
PA 19382.
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III. Public Comments
A. Brief History
EPA issued a rule in the Federal Register on August 30, 2021 (86 FR
48315) (FRL-5993-04-OCSPP) revoking chlorpyrifos tolerances on the
grounds that they were not safe (the ``Final Rule''). Pursuant to the
procedures set forth in FFDCA section 408(g)(2), objections to,
requests for evidentiary hearings on those objections, and/or requests
for a stay of the Final Rule were filed on or before the close of the
objections period on October 29, 2021. EPA issued an Order published in
the Federal Register on February 28, 2022 (87 FR 11222) (FRL-5993-05-
OCSPP), denying all objections to the Final Rule and requests for
hearing on those objections, as well as requests for stay of the Final
Rule (the ``Denial Order'').
Since the objections process did not result in any changes to the
Final Rule, chlorpyrifos tolerances expired on February 28, 2022, under
the terms of the Final Rule. Once the tolerances expired, use of
pesticide products containing chlorpyrifos on food or feed crops would
result in adulterated food, which cannot be sold in interstate
commerce. After EPA alerted registrants of chlorpyrifos products of the
lack of tolerances and the options for their products, several
registrants submitted requests to voluntarily cancel their registered
chlorpyrifos products or
[[Page 76215]]
amend their chlorpyrifos pesticide products to remove food uses. The
registrants identified in Table 3 of Unit II, among others, submitted
such requests. Notice of EPA's receipt of these requests was published
for comment in the Federal Register on May 3, 2023 (``Notice of
Receipt''). The 30-day public comment period closed on June 2, 2023.
B. Summary of Comments Received
During the public comment period, EPA received two comments in
response to the Notice of Receipt. The comments can be found in the
docket for this action, identified by docket identification (ID) number
EPA-HQ-OPP-2022-0223, available at https://www.regulations.gov and are
briefly summarized here. One comment was submitted by the American
Sugarbeet Growers Association, U.S. Beet Sugar Association, and the
Beet Sugar Development Foundation. A second comment was submitted
anonymously by a private citizen generally supporting the cancellation
of the pesticide.
The comment from the American Sugarbeet Growers Association, U.S.
Beet Sugar Association, and the Beet Sugar Development Foundation
opposed the voluntary cancellation of the products in the Notice of
Receipt. In particular, these commenters specified concerns that the
voluntary cancellation of chlorpyrifos registrations and termination of
certain uses is premature while there is ongoing litigation regarding
the Final Rule and Denial Order in the U.S. Court of Appeals for the
Eighth Circuit, Red River Valley Sugarbeet Growers Ass'n et al., v.
Regan, et al., Nos. 22-1422, 22-1530 (8th Cir.). These commenters also
specified concerns that the loss of chlorpyrifos as a pest management
tool will result in substantial increased costs, lost profits,
decreased crop yields, and a larger environmental impact from more
frequent use of less effective alternatives.
C. EPA Response to Comments
Regarding the comments submitted by the American Sugarbeet Growers
Association, U.S. Beet Sugar Association, and the Beet Sugar
Development Foundation, the cancellations and amendments requested by
the registrants listed in Table 3 are appropriate at this time because
section 6(f)(1) of FIFRA allows registrants to submit, at any time, a
request that EPA cancel their registrations or amend their
registrations to terminate one or more uses. 7 U.S.C. 136d(f)(1)(A). A
registrant may have a variety of reasons for requesting voluntary
cancellation of a pesticide product registration at any time,
including, for example, lack of interest in maintaining the
registration, market conditions, costs of maintaining the registration,
or the pesticide no longer being marketed.
EPA cannot compel registrants to maintain registrations if they
request to voluntarily cancel them. The resolution and timing of the
litigation in the Eighth Circuit is still unknown, and therefore,
retention of the registrations could subject registrants to additional
maintenance fees and responsibilities for those registrations which the
registrants requested cancellation or amendment. See, e.g., 40 CFR part
152, subpart G (registrant responsibilities); 7 U.S.C. 136a-1(i)(1)
(maintenance fee obligations); 7 U.S.C. 136e (production reporting
requirements); 7 U.S.C. 136f (recordkeeping requirements).
Moreover, retention of these registrations will not make
chlorpyrifos products available for use on sugarbeets as the commenters
desire. As noted in Unit III.A. above, all tolerances for residues of
chlorpyrifos have been revoked. The revocation of the tolerances means
that application of chlorpyrifos to food or feed crops, including
sugarbeets, will result in adulterated food and/or feed which cannot be
shipped in interstate commerce. While cancellation of the eight
products in Table 1 and amendment of four products in Table 2 does not
terminate the last of the chlorpyrifos products registered in the
United States, these products (and other remaining chlorpyrifos
products) cannot be applied to food crops.
IV. The 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 Table 1 and Table 2 of Unit II.
Accordingly, the Agency hereby orders that the product registrations
identified in Table 1 of Unit II are cancelled and the uses identified
on the products listed in Table 2 of Unit II are terminated.
The cancellations and amendments addressed in this Order are
effective November 6, 2023. 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 V will be a violation of FIFRA.
V. What is the Agency's authority for taking these actions?
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 cancelled or amended to terminate one or
more registered uses. Section 6(f)(1)(B) of FIFRA (7 U.S.C.
136d(f)(1)(B)) further provides that, before acting on the request for
voluntary cancellation or amendment, EPA must publish a notice of
receipt of any such request in the Federal Register and provide a 30-
day public comment period on the request for voluntary cancellation or
use termination. Following the public comment period, the EPA
Administrator may approve such a request. The notice for this action
was published for comment in the Federal Register on May 3, 2023 (88 FR
27882) (FRL-10923-01-OCSPP). The 30-day public comment period closed on
June 2, 2023.
VI. 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.
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 the provisions of FIFRA. EPA is allowing existing
stocks of chlorpyrifos products identified in Tables 1 and 2 that are
already in the hands of end-users to be used only for non-food uses
identified on the existing labels, until those existing stocks are
exhausted, as long as such use is consistent with the label. All other
use of existing stocks of these chlorpyrifos products are prohibited.
Because sale and distribution of chlorpyrifos products bearing
labeling for use on food is inconsistent with the purposes of FIFRA,
all sale and distribution of the chlorpyrifos products identified in
Table 1 and Table 2 of Unit II. is prohibited with the following
exceptions:
1. Existing stocks of all products listed in Tables 1 and 2 may be
sold or distributed for export consistent with FIFRA section 17 (7
U.S.C. 136o) and for proper disposal.
2. Since the issuance of the May 3, 2023, Notice, EPA has realized
that some of the products listed in Table 1 do not bear any labeling
for use on food.
[[Page 76216]]
Accordingly, existing stocks of those products, which are listed below,
may be sold or distributed for one year after the date of this
cancellation order:
Nufarm Chlorpyrifos SPC 2.32% G Insecticide (EPA Reg. No.
228-620).
Nufarm Chlorpyrifos SPC 1.0% MCB Insecticide (EPA Reg. No.
228-621).
Nufarm Chlorpyrifos SPC 4 Insecticide (EPA Reg. No. 228-
624).
Nufarm Chlorpyrifos SPC 2 Insecticide (EPA Reg. No. 228-
625).
3. Existing stocks of the following products may be distributed
consistent with the Control Solutions, Inc. (``CSI'') return program
agreement that EPA approved on October 12, 2023.
CSI 16-150 Chlorpyrifos 42 (EPA Reg. No. 53883-394).
CSI 16-149 Chlorpyrifos 20 (EPA Reg. No. 53883-407).
Quali-Pro Chlorpyrifos 4E (EPA Reg. No. 66222-19). Quali-
Pro Chlorpyrifos 4E is an alternate brand name for Chlorpyrifos 4E AG
(EPA Reg. No. 66222-19).
EPA notified CSI of the approval of their return program agreement
on October 12, 2023.
This cancellation order also amends the cancellation order
published in the Federal Register on May 4, 2023 (88 FR 28541) (FRL-
10924-01-OCSPP) by clarifying that any products with the EPA Reg. No.
66222-19 and bearing the alternate brand name of Quali-Pro Chlorpyrifos
4E may be distributed to CSI pursuant to the CSI return program
agreement referenced above. Products with the EPA Reg. No. 66222-19 and
bearing the primary brand name of Chlorpyrifos 4E AG may continue to be
returned to Adama as per the return program agreement approved by EPA
on April 19, 2023, under the terms of the May 4 cancellation order.
Additional information regarding the chlorpyrifos return program
for Control Solutions, Inc. may be found in https://www.regulations.gov/docket/EPA-HQ-OPP-2022-0223 or by contacting the
registrant at: Control Solutions, Inc. (800) 242-5562 or email: [email protected].
Dated: October 26, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2023-24462 Filed 11-3-23; 8:45 am]
BILLING CODE 6560-50-P
