Cancellation Order for Certain Pesticide Registrations and Amendments To Terminate Uses, 13714-13717 [2024-03729]
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Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2023–0074; FRL–11422–01–
OCSPP]
Cancellation Order for Certain
Pesticide Registrations and
Amendments To Terminate Uses
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This notice announces EPA’s
order for the cancellations and
amendments to terminate uses,
voluntarily requested by the registrants,
and accepted by the Agency, pursuant
to the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA). This
cancellation order follows a July 28,
2023, 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 all these
product registrations. In the July 28,
2023, 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 30-day comment period that would
merit its further review of these
requests, or unless the registrants
withdrew their requests. The Agency
did not receive any comments on the
SUMMARY:
notice. 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: This order is effective February
23, 2024.
FOR FURTHER INFORMATION CONTACT:
Christopher Green, Registration Division
(7505T), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: (202)
566–2707; email address:
green.christopher@epa.gov.
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–2023–0074, 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 (202) 566–1744. 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 Tables 1, 1A, 1B
and 2 of this unit.
TABLE 1—PRODUCT CANCELLATIONS
Registration No.
Company
No.
9688–168 ..........
9688
Chemsico RTU Herbicide G II ........................................
9688–169 ..........
9688
Chemsico RTU Herbicide G 1 ........................................
9688–177 ..........
9688
Chemsico Concentrate Herbicide G 1 ............................
9688–178 ..........
9688
Chemsico Concentrate Herbicide G II ............................
9688–189 ..........
9688
Chemsico Concentrate Herbicide G III ...........................
34704–1150 ......
87373–117 ........
CA–040002 .......
OR–100015 .......
34704
87373
54555
2749
LPI.A004 .........................................................................
ARG Mancozeb MUP .....................................................
Dormex ...........................................................................
Shield Emulsifiable Concentrate .....................................
Product name
Active ingredients
Glyphosate-isopropylammonium (103601/38641-940)—(1.92%).
Glyphosate-isopropylammonium (103601/38641-940)—(.96%).
Glyphosate-isopropylammonium (103601/38641-940)—(18%).
Glyphosate-isopropylammonium (103601/38641-940)—(41%).
Glyphosate-isopropylammonium (103601/38641-940)—(25%).
Trinexapac-ethyl (112602/95266-40-3)—(12%).
Mancozeb (014504/8018-01-7)—(86.2%).
Cyanamide (014002/420-04-2)—(50%).
Chlorpropham (018301/101-21-3)—(36%).
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TABLE 1A—PRODUCT CANCELLATIONS
Registration No.
Company
No.
264–334 ............
264–335 ............
264–429 ............
432–982 ............
432–1209 ..........
432–1210 ..........
432–1211 ..........
432–1212 ..........
432–1227 ..........
264
264
264
432
432
432
432
432
432
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Product name
Active ingredients
Sevin Brand RP2 Carbaryl Insecticide ...........................
Sevin Brand RP4 Carbaryl Insecticide ...........................
Sevin Brand Granular Carbaryl Insecticide ....................
Sevin Brand 97.5% Insecticide .......................................
R & M Garden Dust 5% .................................................
R & M Garden Dust 10% ...............................................
CP Carbaryl Insecticide Spray—RTU ............................
Sevin Grub Killer Granules (2% Sevin) ..........................
Sevin SL Carbaryl Insecticide ........................................
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Carbaryl
Carbaryl
Carbaryl
Carbaryl
Carbaryl
Carbaryl
Carbaryl
Carbaryl
Carbaryl
(056801/63-25-2)—(22.5%).
(056801/63-25-2)—(43%).
(056801/63-25-2)—(7%).
(056801/63-25-2)—(97.5%).
(056801/63-25-2)—(5%).
(056801/63-25-2)—(10%).
(056801/63-25-2)—(.126%).
(056801/63-25-2)—(2%).
(056801/63-25-2)—(43%).
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Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Notices
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TABLE 1A—PRODUCT CANCELLATIONS—Continued
Registration No.
Company
No.
432–1511 ..........
432–1525 ..........
432
432
Product name
Active ingredients
Sevin 4MC Manufacturing Use Concentrate Insecticide
Sevin Brand Carbaryl Technical .....................................
The registrants of the products listed
in Table 1A of Unit II, requested 18
Carbaryl (056801/63-25-2)—(43%).
Carbaryl (056801/63-25-2)—(99.45%).
months after cancellation to sell existing
stocks.
TABLE 1B—PRODUCT CANCELLATIONS
Registration No.
Company
No.
61483–2 ............
61483–3 ............
61483–94 ..........
97080–10 ..........
61483
61483
61483
97080
Product name
Active ingredients
Dura-Treet 40 Wood Preserver ......................................
KMG–B Penta OL Technical Penta ................................
KMG–B Penta OL Penta Blocks ....................................
Stella-Jones Penta ..........................................................
The registrants of the products listed
in Table 1B of Unit II, requested an
effective date of cancellation of
Pentachlorophenol
Pentachlorophenol
Pentachlorophenol
Pentachlorophenol
(063001/87-86-5)—(34%).
(063001/87-86-5)—(86%).
(063001/87-86-5)—(86%).
(063001/87-86-5)—(86%).
February 29, 2024, for the products
listed in Table 1B of Unit II.
TABLE 2—PRODUCT REGISTRATION AMENDMENTS TO TERMINATE USES
Registration No.
Company
No.
Product name
Active ingredient
Ancymidol (108601/1277168-5)—(.0264%).
Bifenthrin (128825/8265704-3)—(98.37%).
67690–2 .............
67690
A-Rest Solution .................
94730–3 .............
94730
Bifenthrin Technical ..........
Table 3 of this unit includes the
names and addresses of record for all
registrants of the products in Tables 1,
Uses to be terminated
Interior scape.
Termiticide and Soil Contact Non-Fumigation Treatment, Wood Treatment and Protection, Christmas
trees, Conifer Seed Orchards, Nonbearing Fruit and
Nut Trees, Greenhouse Grown Ornamental Trees,
Shrubs, Plants, Flowers, Outdoor Insect Control, Indoor Insect Control, Residential Lawns, Ornamental
Plants, Trees, Shrubs, and Vines (Woody),
Turfgrass (including golf courses), Sod Farms &
Food Handling Establishments: Places other than
private residences in which food is held, processed,
prepared, or served.
1A, 1B 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 above.
TABLE 3—REGISTRANTS OF CANCELLED AND/OR AMENDED PRODUCTS
EPA company
no.
Company name and address
264 .....................
Bayer CropScience, LP, Agent Name: Bayer CropScience, LLC, 801 Pennsylvania Avenue, Suite 900, Washington, DC
20004.
Bayer Environmental Science, A Division of Bayer CropScience, LP, 700 Chesterfield Parkway West, Chesterfield, MO
63017.
Chemsico, A Division of United Industries Corp., P.O. Box 142642, St. Louis, MO 63114–0642.
Aceto Life Sciences, LLC, 4 Tri Harbor Court, Port Washington, NY 11050–4661.
Loveland Products, Inc., P.O. Box 1286, Greeley, CO 80632–1286.
Alzchem Trostberg GmbH, Agent Name: Alzchem, LLC, 11390 Old Roswell Road, St. 124, Alpharetta, GA 30009.
KMG-Bernuth, Inc., 300 Throckmorton, Suite 1900, Fort Worth, TX 76102.
Sepro Corporation, 11550 N Meridian Street, Suite 600, Carmel, IN 46032.
Argite, LLC, Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th Street Ct. NW, Gig Harbor, WA 98332.
Generic Crop Science, LLC, 1887 Whitney Mesa Drive, #9740, Henderson, NV 89014–2069.
Arbor Preservative Systems, LLC, Agent Name: Lewis & Harrison, 2461 South Clark Street, Suite 710, Arlington, VA 22202.
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432 .....................
9688 ...................
2749 ...................
34704 .................
54555 .................
61483 .................
67690 .................
87373 .................
94730 .................
97080 .................
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Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Notices
III. Summary of Public Comments
Received and Agency Response to
Comments
During the public comment period
provided, EPA received no comments in
response to the July 28, 2023, Federal
Register notice announcing the
Agency’s receipt of the requests for
voluntary cancellations and
amendments to terminate uses of
products listed in Tables 1, 1A, 1B and
2 of Unit II.
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 certain
pesticide registrations identified in
Tables 1, 1A, 1B and 2 of Unit II.
Accordingly, the Agency hereby orders
that the product registrations identified
in Tables 1, 1A and 2 of Unit II, are
canceled and/or amended to terminate
the affected uses as of the date of this
order. The product registrations
identified in Table 1B are cancelled as
of February 29, 2024. Any distribution,
sale, or use of existing stocks of the
products identified in this order 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 July 28, 2023 (88
FR 48842) (FRL–10886–01–OCSPP). The
comment period closed on August 28,
2023.
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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 provisions for the products
subject to this order are as follows:
VerDate Sep<11>2014
17:19 Feb 22, 2024
Jkt 262001
A. For: 264–334; 264–335; 264–429;
432–982; 432–1209; 432–1210; 432–
1211; 432–1212; 432–1227; 432–1511;
and 432–1525
For 264–334; 264–335; 264–429; 432–
982; 432–1209; 432–1210; 432–1211;
432–1212; 432–1227; 432–1511; and
432–1525, listed in Table 1A of Unit II,
the registrants requested a period of 18
months after the effective date of the
cancellation to sell and distribute
existing stocks of products, which will
be the date of publication of the
cancellation order in the Federal
Register. Registrants are permitted to
sell or distribute products listed in
Table 1A, until August 25, 2025.
Thereafter, registrants will be prohibited
from selling or distributing the products
identified in Table 1A of Unit II, except
for export consistent with FIFRA section
17 (7 U.S.C. 136o) or for proper
disposal.
B. For: 61483–2; 61483–3; 61483–94;
and 97080–10
For 61483–2; 61483–3; 61483–94; and
97080–10, listed in Table 1B of Unit II,
the registrants requested an effective
date of cancellation of February 29,
2024. The Notice of Receipt of Requests
for Voluntary Cancellations from July
28, 2023, incorrectly stated that
pentachlorophenol registrants would be
able to sell and distribute existing stocks
for 1 year after the effective date of the
cancellation and that non-registrant
distributors and end-users would be
permitted to continue to sell, distribute
and use pentachlorophenol products
until supplies are exhausted. However,
due to the unreasonable adverse effects
identified during the registration review
of pentachlorophenol, EPA determined
that registrants and non-registrants must
cease sale and distribution of
pentachlorophenol products
simultaneously with the cancellation of
those products. Therefore, as of
February 29, 2024, all sale and
distribution of the products identified in
Table 1B of Unit II, is prohibited, except
for export consistent with FIFRA section
17 (7 U.S.C. 136o) or for proper
disposal.
EPA is permitting end-users to
continue to use existing stocks of
pentachlorophenol products, as long as
that use is consistent with labeling on
the existing stocks, until February 28,
2027, after which all use is prohibited,
even if not all existing stocks are
exhausted by this time. Therefore, after
February 28, 2027, all use of the
products identified in Table 1B of Unit
II, is prohibited.
This timeline is consistent with the
final registration review decision for
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pentachlorophenol, which prohibits the
sale or distribution of these products
upon cancellation (February 29, 2024)
and allows for an additional three years
for use of existing stocks of
pentachlorophenol product (until
February 28, 2027). Documents
pertaining to the registration review of
pentachlorophenol can be found in
https://www.regulations.gov in Docket
ID EPA–HQ–OPP–2014–0653.
Section 6(a)(1) of FIFRA gives EPA
the discretion to permit the continued
sale and use of existing stocks of a
pesticide whose registration is cancelled
where doing so is determined to be
consistent with the purposes of FIFRA
7 U.S.C. 136d(a)(1). In the case of the
pentachlorophenol registrations subject
to this order, allowing for continued use
or sale after the dates discussed in the
previous paragraph would not be
consistent with FIFRA; therefore, EPA is
not allowing for continued sale,
distribution, or use of
pentachlorophenol products after the
dates listed above.
C. For: Products Listed in Tables 1 and
2
For the products listed in Table 1 of
Unit II, the registrants may continue to
sell and distribute existing stocks of
products listed in Table 1 until February
24, 2025, which is 1 year after
publication of this cancellation order in
the Federal Register. Thereafter, the
registrants are prohibited from selling or
distributing 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
amendments to terminate uses,
registrants are permitted to sell or
distribute products listed in Table 2 of
Unit II, under the previously approved
labeling until August 25, 2025, a period
of 18-months after publication of the
cancellation order in this Federal
Register. Thereafter, registrants will be
prohibited from selling or distributing
the products whose labels include the
terminated uses 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
the products listed in Tables 1 and 2
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 respective products.
Authority: 7 U.S.C. 136 et seq.
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Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Notices
Dated: February 6, 2024.
Charles Smith,
Director, Registration Division, Office of
Pesticide Programs.
Dated: February 20, 2024.
Julie Smith,
Acting Director, NEPA Compliance Division,
Office of Federal Activities.
[FR Doc. 2024–03729 Filed 2–22–24; 8:45 am]
[FR Doc. 2024–03690 Filed 2–22–24; 8:45 am]
BILLING CODE 6560–50–P
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
ENVIRONMENTAL PROTECTION
AGENCY
[FRL OP–OFA–112]
[EPA–HQ–OAR–2023–0614; FRL–11723–01–
OAR]
Technical Documentation for the
Framework for Evaluating Damages
and Impacts (FrEDI)
Environmental Impact Statements;
Notice of Availability
Responsible Agency: Office of Federal
Activities, General Information 202–
564–5632 or https://www.epa.gov/nepa.
Weekly receipt of Environmental Impact
Statements (EIS)
Filed February 12, 2024 10 a.m. EST
Through February 16, 2024 10 a.m.
EST
Pursuant to 40 CFR 1506.9.
Notice
Section 309(a) of the Clean Air Act
requires that EPA make public its
comments on EISs issued by other
Federal agencies. EPA’s comment letters
on EISs are available at: https://
cdxapps.epa.gov/cdx-enepa-II/public/
action/eis/search.
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EIS No. 20240029, Draft, GSA, AK,
Alcan Land Port of Entry Expansion
and Modernization Draft
Environmental Impact Statement
Alcan, Alaska, Comment Period Ends:
04/11/2024, Contact: Aaron Evanson
206–445–5876.
EIS No. 20240030, Final, NRCS, PRO,
ADOPTION—PROGRAMMATIC—
Habitat Restoration Activities
Implemented throughout the Coastal
United States, Review Period Ends:
03/25/2024, Contact: Angela Trahan
337–291–3142.
The Natural Resource Conservation
Service (NRCS) has adopted the
National Oceanic and Atmospheric
Administration’s Final EIS No.
20150171 filed 06/11/2015 with the
Environmental Protection Agency. The
NRCS was not a cooperating agency on
this project. Therefore, republication of
the document is necessary under
Section 1506.3(b)(1) of the CEQ
regulations.
EIS No. 20240031, Final, TVA, TN,
Kingston Fossil Plant Retirement,
Review Period Ends: 03/25/2024,
Contact: Chevales Williams 423–751–
7316.
VerDate Sep<11>2014
17:19 Feb 22, 2024
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Environmental Protection
Agency (EPA).
ACTION: Notice of document availability
and request for comments.
AGENCY:
The Environmental Protection
Agency (EPA) is announcing a 30-day
public comment period for the draft
document titled, ‘‘Technical
Documentation for the Framework for
Evaluating Damages and Impacts
(FrEDI)’’ (EPA 430–R–24–001). This
document provides technical
documentation of a Framework used to
analyze future climate change-related
impacts to the United States, projected
to occur across multiple impact sector
categories, geographic regions, and
populations, under any custom
temperature scenario. This approach
serves as an alternative or complement
to traditional scenario-based approaches
in order to improve communication of
results, comparability between studies,
and flexibility to facilitate scenario
analysis. The draft technical
documentation will also be subject to
external peer review. Prior to finalizing
the draft document, EPA intends to
carefully consider all comments
received from the public and from
external peer reviewers. This draft
document is not final as described in
EPA’s information quality guidelines
and does not represent and should not
be construed to represent Agency policy
or views. The draft document is
available via the internet on EPA’s web
page at https://www.epa.gov/cira/2024draft-fredi-td.
DATES: To ensure your comments are
considered for the final version of the
document, please submit your
comments by March 25, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2023–0614, to the Federal Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or withdrawn. Do not
SUMMARY:
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13717
submit electronically any information
you consider to be Confidential
Business Information (CBI). EPA may
publish any comment received to its
public docket, submitted, or sent via
email. For additional submission
methods, the full EPA public comment
policy, information about CBI, and
general guidance on making effective
comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeremy Martinich, Environmental
Protection Agency, Office of Air and
Radiation, Office of Atmospheric
Protection, Climate Change Division,
(202) 343–9871, cira@epa.gov.
SUPPLEMENTARY INFORMATION:
Characterizing the future risks of
climate change is a key goal of climate
impacts analysis. The Framework for
Evaluating Damages and Impacts
(FrEDI) is a reduced form approach,
implemented as an R package, that
synthesizes data from existing peerreviewed literature to project the
distributional impacts of climate change
to the U.S. through the end of the
century. This framework relies on
sectoral damages derived from existing
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organized into an ‘impact by degree’
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better understand and communicate the
distributional impacts of climate change
over time, and across various sectors,
regions, and populations. The speed and
flexibility of this framework also
enables assessment of how projected
climate change impacts may change in
the future due to various adaptation or
emission mitigation scenarios. FrEDI
therefore fills an important gap in U.S.
climate change impact assessments by
synthesizing climate impact information
from a broad range of peer-reviewed
studies, while also having the flexibility
to assess future U.S. impacts under any
custom scenario.
Sharyn Lie,
Director, Climate Change Division.
[FR Doc. 2024–02625 Filed 2–22–24; 8:45 am]
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Notice of Request for Comment on an
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Federal Accounting Standards
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]]>Agencies
[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Notices]
[Pages 13714-13717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03729]
[[Page 13714]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2023-0074; FRL-11422-01-OCSPP]
Cancellation Order for Certain Pesticide Registrations and
Amendments To Terminate Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
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, pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows
a July 28, 2023, 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 all these product registrations. In the July
28, 2023, 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 30-day comment
period that would merit its further review of these requests, or unless
the registrants withdrew their requests. The Agency did not receive any
comments on the notice. 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: This order is effective February 23, 2024.
FOR FURTHER INFORMATION CONTACT: Christopher Green, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (202) 566-2707; 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-2023-0074, 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 (202) 566-1744. 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 Tables 1, 1A, 1B and 2 of this unit.
Table 1--Product Cancellations
------------------------------------------------------------------------
Company Active
Registration No. No. Product name ingredients
------------------------------------------------------------------------
9688-168............... 9688 Chemsico RTU Glyphosate-
Herbicide G II. isopropylammoniu
m (103601/38641-
94-0)--(1.92%).
9688-169............... 9688 Chemsico RTU Glyphosate-
Herbicide G 1. isopropylammoniu
m (103601/38641-
94-0)--(.96%).
9688-177............... 9688 Chemsico Glyphosate-
Concentrate isopropylammoniu
Herbicide G 1. m (103601/38641-
94-0)--(18%).
9688-178............... 9688 Chemsico Glyphosate-
Concentrate isopropylammoniu
Herbicide G II. m (103601/38641-
94-0)--(41%).
9688-189............... 9688 Chemsico Glyphosate-
Concentrate isopropylammoniu
Herbicide G III. m (103601/38641-
94-0)--(25%).
34704-1150............. 34704 LPI.A004......... Trinexapac-ethyl
(112602/95266-40-
3)--(12%).
87373-117.............. 87373 ARG Mancozeb MUP. Mancozeb (014504/
8018-01-7)--
(86.2%).
CA-040002.............. 54555 Dormex........... Cyanamide (014002/
420-04-2)--
(50%).
OR-100015.............. 2749 Shield Chlorpropham
Emulsifiable (018301/101-21-
Concentrate. 3)--(36%).
------------------------------------------------------------------------
Table 1A--Product Cancellations
------------------------------------------------------------------------
Company Active
Registration No. No. Product name ingredients
------------------------------------------------------------------------
264-334................ 264 Sevin Brand RP2 Carbaryl (056801/
Carbaryl 63-25-2)--
Insecticide. (22.5%).
264-335................ 264 Sevin Brand RP4 Carbaryl (056801/
Carbaryl 63-25-2)--(43%).
Insecticide.
264-429................ 264 Sevin Brand Carbaryl (056801/
Granular 63-25-2)--(7%).
Carbaryl
Insecticide.
432-982................ 432 Sevin Brand 97.5% Carbaryl (056801/
Insecticide. 63-25-2)--
(97.5%).
432-1209............... 432 R & M Garden Dust Carbaryl (056801/
5%. 63-25-2)--(5%).
432-1210............... 432 R & M Garden Dust Carbaryl (056801/
10%. 63-25-2)--(10%).
432-1211............... 432 CP Carbaryl Carbaryl (056801/
Insecticide 63-25-2)--
Spray--RTU. (.126%).
432-1212............... 432 Sevin Grub Killer Carbaryl (056801/
Granules (2% 63-25-2)--(2%).
Sevin).
432-1227............... 432 Sevin SL Carbaryl Carbaryl (056801/
Insecticide. 63-25-2)--(43%).
[[Page 13715]]
432-1511............... 432 Sevin 4MC Carbaryl (056801/
Manufacturing 63-25-2)--(43%).
Use Concentrate
Insecticide.
432-1525............... 432 Sevin Brand Carbaryl (056801/
Carbaryl 63-25-2)--
Technical. (99.45%).
------------------------------------------------------------------------
The registrants of the products listed in Table 1A of Unit II,
requested 18 months after cancellation to sell existing stocks.
Table 1B--Product Cancellations
------------------------------------------------------------------------
Company Active
Registration No. No. Product name ingredients
------------------------------------------------------------------------
61483-2................ 61483 Dura-Treet 40 Pentachlorophenol
Wood Preserver. (063001/87-86-
5)--(34%).
61483-3................ 61483 KMG-B Penta OL Pentachlorophenol
Technical Penta. (063001/87-86-
5)--(86%).
61483-94............... 61483 KMG-B Penta OL Pentachlorophenol
Penta Blocks. (063001/87-86-
5)--(86%).
97080-10............... 97080 Stella-Jones Pentachlorophenol
Penta. (063001/87-86-
5)--(86%).
------------------------------------------------------------------------
The registrants of the products listed in Table 1B of Unit II,
requested an effective date of cancellation of February 29, 2024, for
the products listed in Table 1B of Unit II.
Table 2--Product Registration Amendments To Terminate Uses
----------------------------------------------------------------------------------------------------------------
Company
Registration No. No. Product name Active ingredient Uses to be terminated
----------------------------------------------------------------------------------------------------------------
67690-2.................... 67690 A-Rest Solution...... Ancymidol (108601/ Interior scape.
12771-68-5)--
(.0264%).
94730-3.................... 94730 Bifenthrin Technical. Bifenthrin (128825/ Termiticide and Soil
82657-04-3)-- Contact Non-Fumigation
(98.37%). Treatment, Wood Treatment
and Protection, Christmas
trees, Conifer Seed
Orchards, Nonbearing
Fruit and Nut Trees,
Greenhouse Grown
Ornamental Trees, Shrubs,
Plants, Flowers, Outdoor
Insect Control, Indoor
Insect Control,
Residential Lawns,
Ornamental Plants, Trees,
Shrubs, and Vines
(Woody), Turfgrass
(including golf courses),
Sod Farms & Food Handling
Establishments: Places
other than private
residences in which food
is held, processed,
prepared, or served.
----------------------------------------------------------------------------------------------------------------
Table 3 of this unit includes the names and addresses of record for
all registrants of the products in Tables 1, 1A, 1B 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 above.
Table 3--Registrants of Cancelled and/or Amended Products
------------------------------------------------------------------------
EPA company no. Company name and address
------------------------------------------------------------------------
264........................... Bayer CropScience, LP, Agent Name: Bayer
CropScience, LLC, 801 Pennsylvania
Avenue, Suite 900, Washington, DC
20004.
432........................... Bayer Environmental Science, A Division
of Bayer CropScience, LP, 700
Chesterfield Parkway West,
Chesterfield, MO 63017.
9688.......................... Chemsico, A Division of United
Industries Corp., P.O. Box 142642, St.
Louis, MO 63114-0642.
2749.......................... Aceto Life Sciences, LLC, 4 Tri Harbor
Court, Port Washington, NY 11050-4661.
34704......................... Loveland Products, Inc., P.O. Box 1286,
Greeley, CO 80632-1286.
54555......................... Alzchem Trostberg GmbH, Agent Name:
Alzchem, LLC, 11390 Old Roswell Road,
St. 124, Alpharetta, GA 30009.
61483......................... KMG-Bernuth, Inc., 300 Throckmorton,
Suite 1900, Fort Worth, TX 76102.
67690......................... Sepro Corporation, 11550 N Meridian
Street, Suite 600, Carmel, IN 46032.
87373......................... Argite, LLC, Agent Name: Pyxis
Regulatory Consulting, Inc., 4110 136th
Street Ct. NW, Gig Harbor, WA 98332.
94730......................... Generic Crop Science, LLC, 1887 Whitney
Mesa Drive, #9740, Henderson, NV 89014-
2069.
97080......................... Arbor Preservative Systems, LLC, Agent
Name: Lewis & Harrison, 2461 South
Clark Street, Suite 710, Arlington, VA
22202.
------------------------------------------------------------------------
[[Page 13716]]
III. Summary of Public Comments Received and Agency Response to
Comments
During the public comment period provided, EPA received no comments
in response to the July 28, 2023, Federal Register notice announcing
the Agency's receipt of the requests for voluntary cancellations and
amendments to terminate uses of products listed in Tables 1, 1A, 1B and
2 of Unit II.
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 certain pesticide registrations identified in Tables 1, 1A, 1B and 2
of Unit II. Accordingly, the Agency hereby orders that the product
registrations identified in Tables 1, 1A and 2 of Unit II, are canceled
and/or amended to terminate the affected uses as of the date of this
order. The product registrations identified in Table 1B are cancelled
as of February 29, 2024. Any distribution, sale, or use of existing
stocks of the products identified in this order 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 July
28, 2023 (88 FR 48842) (FRL-10886-01-OCSPP). The comment period closed
on August 28, 2023.
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 provisions for the products subject to this
order are as follows:
A. For: 264-334; 264-335; 264-429; 432-982; 432-1209; 432-1210; 432-
1211; 432-1212; 432-1227; 432-1511; and 432-1525
For 264-334; 264-335; 264-429; 432-982; 432-1209; 432-1210; 432-
1211; 432-1212; 432-1227; 432-1511; and 432-1525, listed in Table 1A of
Unit II, the registrants requested a period of 18 months after the
effective date of the cancellation to sell and distribute existing
stocks of products, which will be the date of publication of the
cancellation order in the Federal Register. Registrants are permitted
to sell or distribute products listed in Table 1A, until August 25,
2025. Thereafter, registrants will be prohibited from selling or
distributing the products identified in Table 1A of Unit II, except for
export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper
disposal.
B. For: 61483-2; 61483-3; 61483-94; and 97080-10
For 61483-2; 61483-3; 61483-94; and 97080-10, listed in Table 1B of
Unit II, the registrants requested an effective date of cancellation of
February 29, 2024. The Notice of Receipt of Requests for Voluntary
Cancellations from July 28, 2023, incorrectly stated that
pentachlorophenol registrants would be able to sell and distribute
existing stocks for 1 year after the effective date of the cancellation
and that non-registrant distributors and end-users would be permitted
to continue to sell, distribute and use pentachlorophenol products
until supplies are exhausted. However, due to the unreasonable adverse
effects identified during the registration review of pentachlorophenol,
EPA determined that registrants and non-registrants must cease sale and
distribution of pentachlorophenol products simultaneously with the
cancellation of those products. Therefore, as of February 29, 2024, all
sale and distribution of the products identified in Table 1B of Unit
II, is prohibited, except for export consistent with FIFRA section 17
(7 U.S.C. 136o) or for proper disposal.
EPA is permitting end-users to continue to use existing stocks of
pentachlorophenol products, as long as that use is consistent with
labeling on the existing stocks, until February 28, 2027, after which
all use is prohibited, even if not all existing stocks are exhausted by
this time. Therefore, after February 28, 2027, all use of the products
identified in Table 1B of Unit II, is prohibited.
This timeline is consistent with the final registration review
decision for pentachlorophenol, which prohibits the sale or
distribution of these products upon cancellation (February 29, 2024)
and allows for an additional three years for use of existing stocks of
pentachlorophenol product (until February 28, 2027). Documents
pertaining to the registration review of pentachlorophenol can be found
in https://www.regulations.gov in Docket ID EPA-HQ-OPP-2014-0653.
Section 6(a)(1) of FIFRA gives EPA the discretion to permit the
continued sale and use of existing stocks of a pesticide whose
registration is cancelled where doing so is determined to be consistent
with the purposes of FIFRA 7 U.S.C. 136d(a)(1). In the case of the
pentachlorophenol registrations subject to this order, allowing for
continued use or sale after the dates discussed in the previous
paragraph would not be consistent with FIFRA; therefore, EPA is not
allowing for continued sale, distribution, or use of pentachlorophenol
products after the dates listed above.
C. For: Products Listed in Tables 1 and 2
For the products listed in Table 1 of Unit II, the registrants may
continue to sell and distribute existing stocks of products listed in
Table 1 until February 24, 2025, which is 1 year after publication of
this cancellation order in the Federal Register. Thereafter, the
registrants are prohibited from selling or distributing 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
amendments to terminate uses, registrants are permitted to sell or
distribute products listed in Table 2 of Unit II, under the previously
approved labeling until August 25, 2025, a period of 18-months after
publication of the cancellation order in this Federal Register.
Thereafter, registrants will be prohibited from selling or distributing
the products whose labels include the terminated uses 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 the products listed in Tables 1 and 2 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 respective products.
Authority: 7 U.S.C. 136 et seq.
[[Page 13717]]
Dated: February 6, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-03729 Filed 2-22-24; 8:45 am]
BILLING CODE 6560-50-P
