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