2023-28557. Product Cancellation Order for Certain Pesticide Registrations  

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    AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 of Unit II, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows an April 24, 2023, Federal Register Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II, to voluntarily cancel these product registrations. In the April 24, 2023, notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 180-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received one general comment on the notice, but none merited its further review of the requests. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. 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:

    The cancellations are effective December 27, 2023.

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    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.

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    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–2023–0075, 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 cancellation, 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 of this unit.

    Table 1—Product Cancellations

    Registration No.Company No.Product nameActive ingredients
    264–328264Sevin Brand 80% Dust BaseCarbaryl (056801/63–25–2)—(80%).
    432–885432Sevin Brand Granular Carbaryl InsecticideCarbaryl (056801/63–25–2)—(7%).
    432–1213432Sevin Granules (1% Sevin) Ant, Flea, Tick & Grub KillerCarbaryl (056801/63–25–2)—(1%).
    432–1226432Sevin 80 WSP Carbaryl InsecticideCarbaryl (056801/63–25–2)—(80%).

    The registrants of the products listed in Table 1 of Unit II, have requested 18-months after cancellation to sell existing stocks.

    Table 2 of this unit includes the names and addresses of record for all registrants of the products in Table 1 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 in Table 1 of this unit.

    Table 2—Registrants of Cancelled Products

    EPA company No.Company name and address
    264Bayer CropScience, LP, Agent Name: Bayer CropScience, LLC, 801 Pennsylvania Avenue, Suite 900, Washington, DC 20004
    432Bayer Environmental Science, A Division of Bayer CropScience, LP, 700 Chesterfield Parkway West, Chesterfield, MO 63017

    III. Summary of Public Comments Received and Agency Response to Comments

    The agency received one general comment regarding pesticides in general, not pertaining to any specific registrations in the notice, which EPA acknowledges. For this reason, the Agency does not believe that the comments submitted during the comment period merit further review or a denial of the requests for voluntary cancellation. Start Printed Page 89447

    IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby approves the requested cancellations of the registrations identified in Table 1 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Table 1 of Unit II, are canceled. The effective date of the cancellations that are the subject of this notice is December 27, 2023. Any distribution, sale, or use of existing stocks of the products identified in Table 1 of Unit II, 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 April 24, 2023 (88 FR 24790) (FRL–10887–01–OCSPP). The comment period closed on October 23, 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 cancellation action. The existing stocks provisions for the products subject to this order are as follows.

    For: 264–328, 432–885, 432–1213, and 432–1226

    For 264–328, 432–885, 432–1213, and 432–1226, listed in Table 1 of Unit II, the registrants have requested 18-months after cancellation to sell existing stocks. The registrants may continue to sell and distribute existing stocks of the products listed in Table 1 of Unit II, until June 27, 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 pesticides identified in Table 1 of Unit II, except for export in accordance with FIFRA section 17 (7 U.S.C. 136o), or proper disposal. Persons other than the registrants may sell, distribute, or use existing stocks of products listed in Table 1 of Unit II, until existing stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products.

    Authority:7 U.S.C. 136 et seq.

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    Dated: December 21, 2023.

    Charles Smith,

    Director, Registration Division, Office of Pesticide Programs.

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    [FR Doc. 2023–28557 Filed 12–26–23; 8:45 am]

    BILLING CODE 6560–50–P

Document Information

Effective Date:
12/27/2023
Published:
12/27/2023
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
2023-28557
Dates:
The cancellations are effective December 27, 2023.
Pages:
89446-89447 (2 pages)
Docket Numbers:
EPA-HQ-OPP-2023-0075, FRL-11533-01-OCSPP
PDF File:
2023-28557.pdf