Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean, 23010-23011 [2024-06979]

Download as PDF 23010 Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices environmental assessment (EA) for the project and the planned schedule for the completion of the environmental review. The target date for staff to issue the EA is July 2024.1 Revisions to the schedule may be made as appropriate. The EA will be issued and made available for review by all interested parties and all comments filed on the EA will be analyzed by staff and considered in the Commission’s final decision on the proceeding. With this notice, the Commission is inviting federal, state, local, and Tribal agencies with jurisdiction and/or special expertise with respect to environmental issues affected by the proposal to cooperate in the preparation of the EA planned to be issued July 2024. Agencies wishing to cooperate, or further discuss the benefits, responsibilities, and obligations of the cooperating agency role, should contact staff listed at the bottom of this notice by April 18, 2024. Cooperating agencies should note the Commission’s policy that agencies that cooperate in the preparation of any environmental document cannot also intervene. See 94 FERC ¶ 61,076 (2001). The Commission’s Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others to access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502–6595 or OPP@ ferc.gov. Any questions regarding this notice may be directed to David Rudisail at (202) 502–6376 or David.rudisail@ ferc.gov. lotter on DSK11XQN23PROD with NOTICES1 Dated: March 28, 2024. Debbie-Anne A. Reese, Acting Secretary. ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2020–0492; FRL–11842–01– OCSPP] Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: On February 14, 2024, EPA issued its Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on DicambaTolerant Cotton and Soybean. EPA hereby provides notice of the existing stocks order. EPA issued the existing stocks order following the February 6, 2024, order and judgement by the District of Arizona vacating the registrations for three products, XtendiMax® with VaporGrip® Technology (‘‘XtendiMax’’), Engenia® Herbicide (‘‘Engenia’’), and A21472 Plus VaporGrip® Technology (Tavium® Plus VaporGrip® Technology) (‘‘Tavium’’). As of February 6, 2024, these products are no longer registered, and it is unlawful under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to sell or distribute them except to the extent otherwise authorized by EPA. ADDRESSES: The docket for this action, identified under docket identification (ID) number EPA–HQ–OPP–2020–0492, is available online 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 FURTHER INFORMATION CONTACT: Charles Smith, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (202) 566–1030; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: [FR Doc. 2024–07045 Filed 4–2–24; 8:45 am] I. General Information BILLING CODE 6717–01–P Does this action apply to me? 1 42 U.S.C. 4336a(g)(1)(B) requires lead federal agencies to complete EAs within 1 year of the agency’s decision to prepare an EA. This notice establishes the Commission’s intent to prepare an EA for the project; therefore, the EA must be issued within 1 year of the issuance date of this notice. This action is directed to the public in general and may be of interest to a wide range of stakeholders including environmental, human health, farm worker 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 VerDate Sep<11>2014 18:18 Apr 02, 2024 Jkt 262001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 the specific entities that may be affected by this action. II. What action did the Agency take? On February 6, 2024, the District of Arizona issued an order and judgment vacating the registrations of three dicamba products (XtendiMax® with VaporGrip® Technology (EPA Reg. No. 264–1210) (‘‘XtendiMax’’), Engenia® Herbicide (EPA Reg. No. 7969–472) (‘‘Engenia’’), and A21472 Plus VaporGrip® Technology (Tavium® Plus VaporGrip® Technology) (EPA Reg. No. 100–1623) (‘‘Tavium’’)) previously registered for over-the-top use on dicamba-tolerant cotton and soybean. These products are no longer registered, and it is unlawful under FIFRA to sell or distribute them except to the extent otherwise authorized by EPA. To allow for the legal and orderly disposition of those products, EPA issued an existing stocks order for the three products on February 14, 2024, and revised the order on March 12, 2024. III. Provisions for Disposition of Existing Stocks Pursuant to FIFRA Section 6(a)(1), on February 14, 2024, EPA issued an existing stocks order for XtendiMax® with VaporGrip® Technology (EPA Reg. No. 264–1210), Engenia® Herbicide (EPA Reg. No. 7969–472), and A21472 Plus VaporGrip® Technology (Tavium® Plus VaporGrip® Technology) (EPA Reg. No. 100–1623). EPA revised the order on March 12, 2024. The order will remain in effect unless or until subsequent action is taken. The issuance of the order did not follow a public hearing. EPA’s issuance of the order is a final agency action, judicially reviewable under FIFRA § 16(a) (7 U.S.C. 136n). Any sale, distribution, or use of existing stocks of these products inconsistent with the order is prohibited. For purposes of the order, ‘‘existing stocks’’ is defined as those stocks of previously registered pesticide products that are currently in the United States and were packaged, labeled, and released for shipment prior to February 6, 2024 (the effective date of the District of Arizona’s vacatur of the dicamba registrations). Pursuant to FIFRA section 6(a)(1), the order issued on February 14, 2024 (and revised on March 12, 2024) includes the following existing stocks provisions: 1. Sale or Distribution by the Registrants. As of February 6, 2024, sale or distribution by the registrants of these products is prohibited, except for the purposes of proper disposal or to facilitate lawful export. E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices 2. Sale or Distribution by Persons other than the Registrants. Persons other than the registrants, including but not limited to co-ops and commercial distributors, who are already in possession of these products as of February 6, 2024, may sell or distribute these products until the end date for sale and distribution of existing stocks identified in Tables 1 or 2 (depending on your state); except that such persons may distribute these products after the date identified in Tables 1 or 2 solely for purposes of proper disposal, lawful export, or to facilitate return to the manufacturer. 3. Distribution or Sale by Commercial Applicators. Notwithstanding paragraph 2, for the purpose of facilitating use no later than the relevant end date for use of existing stocks identified in Tables 1 or 2, distribution or sale of existing stocks of these dicamba products that are in the possession of commercial 23011 applicators is permitted until the relevant end date for use in Tables 1 or 2. 4. Use of Existing Stocks. As of the date of the order, use of XtendiMax, Engenia, and Tavium is permitted until the relevant date identified in Tables 1 or 2, provided that such use of existing stocks is consistent in all respects with the previously approved labeling accompanying the product. TABLE 1—END DATES FOR SALE, DISTRIBUTION, AND USE OF EXISTING STOCKS End date for sale & distribution of existing stocks for use (para. 2) State(s) End date for use of existing stocks (paras. 3 & 4) * IA, IL, IN .................................... Sale & Distribution of XtendiMax, Engenia, or Tavium: May 13, 2024. MN ............................................. Sale & Distribution of XtendiMax, Engenia, or Tavium to Purchasers South of I–94: May 13, 2024. Sale & Distribution of XtendiMax, Engenia, or Tavium to Purchasers North of I–94: May 31, 2024. Sale & Distribution of XtendiMax, Engenia, or Tavium: May 21, 2024. Sale & Distribution of XtendiMax, Engenia, or Tavium for Use on Dicamba-Tolerant Soybean: May 31, 2024. Sale & Distribution of XtendiMax, Engenia, or Tavium for Use on Dicamba-Tolerant Cotton: June 30, 2024. SD .............................................. AL, AZ, CO, DE, FL (excluding Palm Beach County), GA, KS, KY, LA, MD, MI, MS, MO, NE, NJ, NM, NY, NC, ND, OH, OK, PA, SC, TN (excluding Wilson County), TX, VA, WV, WI. Use of XtendiMax, Engenia, or Tavium: June 12, 2024, or V4 growth stage (soybean) or 1st square growth stage (cotton) in 2024, whichever comes first. Use of XtendiMax, Engenia, or Tavium south of I–94: June 12, 2024. Use of XtendiMax, Engenia, or Tavium north of I–94: June 30, 2024. Use of XtendiMax, Engenia, or Tavium: June 20, 2024. Use of XtendiMax, Engenia, or Tavium on Dicamba-Tolerant Soybean: June 30, 2024. Use of XtendiMax, Engenia, or Tavium on Dicamba-Tolerant Cotton: July 30, 2024. * The end dates for the use of existing stocks outlined in this Table are consistent with the application cut-off dates on the previously approved labeling of the formerly registered dicamba products at the time of vacatur. EPA believes these cut-off dates are appropriate because they will minimize confusion amongst the grower community. Furthermore, establishing cut-off dates in the existing stocks order consistent with those on the previously approved labeling is expected to encourage lawful use. TABLE 2—END DATES FOR SALE, DISTRIBUTION, AND USE OF EXISTING STOCKS IN ARKANSAS End date for sale & distribution of existing stocks for use (para. 2) State AR .............................................. End date for use of existing stocks (paras. 3 & 4) Sale & Distribution of XtendiMax, Engenia, or Tavium: May 31, 2024. Use of XtendiMax, Engenia, or Tavium: June 30, 2024. * The end date for the use of existing stocks outlined in this Table is consistent with the application cut-off date under Ark. Admin. Code 209.02.4–XIII. EPA did not intend its February 14, 2024, order to allow use of these dicamba products beyond any state-imposed application cutoff dates. Nevertheless, EPA added this cut-off date to the order to provide clarity to users in Arkansas. Additional information regarding the existing stocks order may be found in https://www.regulations.gov/docket/ EPA-HQ-OPP-2020-0492. Authority: 7 U.S.C. 136 et seq. Dated: March 26, 2024. Daniel Rosenblatt, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2024–06979 Filed 4–2–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2022–0223; FRL–11828–01– OCSPP] Chlorpyrifos; Notice of Receipt of Request To Cancel Certain Pesticide Registrations and Amend Registrations To Terminate/Amend Certain Uses Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: In accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of request by the registrants in Table 3 of Unit II to voluntarily cancel registrations of certain products containing the pesticide chlorpyrifos or to amend their lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:18 Apr 02, 2024 Jkt 262001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 chlorpyrifos registrations to terminate/ delete one or more uses. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests or if the registrants withdraw their request to cancel these uses or products. If these requests are granted, any sale, distribution, or use of the products listed in this notice after the registrations have been cancelled or the uses have been terminated would need to be consistent with the terms as described in the final cancellation order. Comments must be received on or before May 3, 2024. DATES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2022–0223, is available at https:// ADDRESSES: E:\FR\FM\03APN1.SGM 03APN1

Agencies

[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 23010-23011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06979]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0492; FRL-11842-01-OCSPP]


Existing Stocks Order for Dicamba Products Previously Registered 
for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On February 14, 2024, EPA issued its Existing Stocks Order for 
Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-
Tolerant Cotton and Soybean. EPA hereby provides notice of the existing 
stocks order. EPA issued the existing stocks order following the 
February 6, 2024, order and judgement by the District of Arizona 
vacating the registrations for three products, XtendiMax[supreg] with 
VaporGrip[supreg] Technology (``XtendiMax''), Engenia[supreg] Herbicide 
(``Engenia''), and A21472 Plus VaporGrip[supreg] Technology 
(Tavium[supreg] Plus VaporGrip[supreg] Technology) (``Tavium''). As of 
February 6, 2024, these products are no longer registered, and it is 
unlawful under the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) to sell or distribute them except to the extent otherwise 
authorized by EPA.

ADDRESSES: The docket for this action, identified under docket 
identification (ID) number EPA-HQ-OPP-2020-0492, is available online 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 FURTHER INFORMATION CONTACT: Charles Smith, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone 
number: (202) 566-1030; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

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, farm worker 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.

II. What action did the Agency take?

    On February 6, 2024, the District of Arizona issued an order and 
judgment vacating the registrations of three dicamba products 
(XtendiMax[supreg] with VaporGrip[supreg] Technology (EPA Reg. No. 264-
1210) (``XtendiMax''), Engenia[supreg] Herbicide (EPA Reg. No. 7969-
472) (``Engenia''), and A21472 Plus VaporGrip[supreg] Technology 
(Tavium[supreg] Plus VaporGrip[supreg] Technology) (EPA Reg. No. 100-
1623) (``Tavium'')) previously registered for over-the-top use on 
dicamba-tolerant cotton and soybean. These products are no longer 
registered, and it is unlawful under FIFRA to sell or distribute them 
except to the extent otherwise authorized by EPA. To allow for the 
legal and orderly disposition of those products, EPA issued an existing 
stocks order for the three products on February 14, 2024, and revised 
the order on March 12, 2024.

III. Provisions for Disposition of Existing Stocks

    Pursuant to FIFRA Section 6(a)(1), on February 14, 2024, EPA issued 
an existing stocks order for XtendiMax[supreg] with VaporGrip[supreg] 
Technology (EPA Reg. No. 264-1210), Engenia[supreg] Herbicide (EPA Reg. 
No. 7969-472), and A21472 Plus VaporGrip[supreg] Technology 
(Tavium[supreg] Plus VaporGrip[supreg] Technology) (EPA Reg. No. 100-
1623). EPA revised the order on March 12, 2024. The order will remain 
in effect unless or until subsequent action is taken. The issuance of 
the order did not follow a public hearing. EPA's issuance of the order 
is a final agency action, judicially reviewable under FIFRA Sec.  16(a) 
(7 U.S.C. 136n). Any sale, distribution, or use of existing stocks of 
these products inconsistent with the order is prohibited.
    For purposes of the order, ``existing stocks'' is defined as those 
stocks of previously registered pesticide products that are currently 
in the United States and were packaged, labeled, and released for 
shipment prior to February 6, 2024 (the effective date of the District 
of Arizona's vacatur of the dicamba registrations). Pursuant to FIFRA 
section 6(a)(1), the order issued on February 14, 2024 (and revised on 
March 12, 2024) includes the following existing stocks provisions:
    1. Sale or Distribution by the Registrants. As of February 6, 2024, 
sale or distribution by the registrants of these products is 
prohibited, except for the purposes of proper disposal or to facilitate 
lawful export.

[[Page 23011]]

    2. Sale or Distribution by Persons other than the Registrants. 
Persons other than the registrants, including but not limited to co-ops 
and commercial distributors, who are already in possession of these 
products as of February 6, 2024, may sell or distribute these products 
until the end date for sale and distribution of existing stocks 
identified in Tables 1 or 2 (depending on your state); except that such 
persons may distribute these products after the date identified in 
Tables 1 or 2 solely for purposes of proper disposal, lawful export, or 
to facilitate return to the manufacturer.
    3. Distribution or Sale by Commercial Applicators. Notwithstanding 
paragraph 2, for the purpose of facilitating use no later than the 
relevant end date for use of existing stocks identified in Tables 1 or 
2, distribution or sale of existing stocks of these dicamba products 
that are in the possession of commercial applicators is permitted until 
the relevant end date for use in Tables 1 or 2.
    4. Use of Existing Stocks. As of the date of the order, use of 
XtendiMax, Engenia, and Tavium is permitted until the relevant date 
identified in Tables 1 or 2, provided that such use of existing stocks 
is consistent in all respects with the previously approved labeling 
accompanying the product.

  Table 1--End Dates for Sale, Distribution, and Use of Existing Stocks
------------------------------------------------------------------------
                               End date for sale &
                                 distribution of     End date for use of
          State(s)             existing stocks for     existing stocks
                                  use (para. 2)       (paras. 3 & 4) *
------------------------------------------------------------------------
IA, IL, IN..................  Sale & Distribution   Use of XtendiMax,
                               of XtendiMax,         Engenia, or Tavium:
                               Engenia, or Tavium:   June 12, 2024, or
                               May 13, 2024.         V4 growth stage
                                                     (soybean) or 1st
                                                     square growth stage
                                                     (cotton) in 2024,
                                                     whichever comes
                                                     first.
MN..........................  Sale & Distribution   Use of XtendiMax,
                               of XtendiMax,         Engenia, or Tavium
                               Engenia, or Tavium    south of I-94: June
                               to Purchasers South   12, 2024.
                               of I-94: May 13,     Use of XtendiMax,
                               2024.                 Engenia, or Tavium
                              Sale & Distribution    north of I-94: June
                               of XtendiMax,         30, 2024.
                               Engenia, or Tavium
                               to Purchasers North
                               of I-94: May 31,
                               2024.
SD..........................  Sale & Distribution   Use of XtendiMax,
                               of XtendiMax,         Engenia, or Tavium:
                               Engenia, or Tavium:   June 20, 2024.
                               May 21, 2024.
AL, AZ, CO, DE, FL            Sale & Distribution   Use of XtendiMax,
 (excluding Palm Beach         of XtendiMax,         Engenia, or Tavium
 County), GA, KS, KY, LA,      Engenia, or Tavium    on Dicamba-Tolerant
 MD, MI, MS, MO, NE, NJ, NM,   for Use on Dicamba-   Soybean: June 30,
 NY, NC, ND, OH, OK, PA, SC,   Tolerant Soybean:     2024.
 TN (excluding Wilson          May 31, 2024.        Use of XtendiMax,
 County), TX, VA, WV, WI.     Sale & Distribution    Engenia, or Tavium
                               of XtendiMax,         on Dicamba-Tolerant
                               Engenia, or Tavium    Cotton: July 30,
                               for Use on Dicamba-   2024.
                               Tolerant Cotton:
                               June 30, 2024.
------------------------------------------------------------------------
* The end dates for the use of existing stocks outlined in this Table
  are consistent with the application cut-off dates on the previously
  approved labeling of the formerly registered dicamba products at the
  time of vacatur. EPA believes these cut-off dates are appropriate
  because they will minimize confusion amongst the grower community.
  Furthermore, establishing cut-off dates in the existing stocks order
  consistent with those on the previously approved labeling is expected
  to encourage lawful use.


Table 2--End Dates for Sale, Distribution, and Use of Existing Stocks in
                                Arkansas
------------------------------------------------------------------------
                               End date for sale &
                                 distribution of     End date for use of
            State              existing stocks for     existing stocks
                                  use (para. 2)        (paras. 3 & 4)
------------------------------------------------------------------------
AR..........................  Sale & Distribution   Use of XtendiMax,
                               of XtendiMax,         Engenia, or Tavium:
                               Engenia, or Tavium:   June 30, 2024.
                               May 31, 2024.
------------------------------------------------------------------------
* The end date for the use of existing stocks outlined in this Table is
  consistent with the application cut-off date under Ark. Admin. Code
  209.02.4-XIII. EPA did not intend its February 14, 2024, order to
  allow use of these dicamba products beyond any state-imposed
  application cutoff dates. Nevertheless, EPA added this cut-off date to
  the order to provide clarity to users in Arkansas.

    Additional information regarding the existing stocks order may be 
found in https://www.regulations.gov/docket/EPA-HQ-OPP-2020-0492.
    Authority: 7 U.S.C. 136 et seq.

    Dated: March 26, 2024.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-06979 Filed 4-2-24; 8:45 am]
BILLING CODE 6560-50-P


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.