2024-14354. Product Cancellation Order for Certain Pesticide Registrations

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 August 31, 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 August 31, 2023, notice EPA indicated that it would issue an order implementing the cancellations, 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. EPA received one anonymous comment on this notice that was supportive of EPA cancelling these registrations, which EPA acknowledges. 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. This notice also announces that EPA has previously approved the requests for voluntary cancellation of several registrations included in the August 31, 2023, notice listed in table 3 of unit II. EPA sent a separate letter approving these requests for voluntary cancellation to Syngenta Crop Protection, LLC on October 3, 2023. The disposition of existing stocks for these products is governed by the provisions in EPA's October 3, 2023, letter approving the voluntary cancellation of these products rather than unit VI.

DATES:

The cancellations are effective July 1, 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: [phone]; email address: [e-mail].

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 [phone], and the telephone number for the OPP Docket is [phone]. 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 name	Active ingredients
100-1305	100	Cruiser Maxx Cereals	Difenoconazole (128847/119446-68-3)—(3.36%), Metalaxyl-M (113502/70630-17-0)—(.56%), Thiamethoxam (060109/153719-23-4)—(2.8%).
264-998	264	Four Way Peanut Seed Treatment Fungicide	Captan (081301/133-06-2)—(49%), Metalaxyl (113501/57837-19-1)—(.8%), Thiophanate-methyl (102001/23564-05-8)—(13.6%), Trifloxystrobin (129112/141517-21-7)—(2%).
56228-33	56228	Mesurol 75% Wettable Powder Aversive Conditioning Egg Treatment	Methiocarb (100501/2032-65-7)—(75%).
AR-130004	69969	Avipel (Dry) Corn Seed Treatment	Anthraquinone (122701/84-65-1)—(50%).
OR-160005	61842	Linex 4L Herbicide	Linuron (035506/330-55-2)—(40.6%).
TN-090006	264	Gaucho XT Flowable	Imidacloprid (129099/138261-41-3)—(12.7%), Metalaxyl (113501/57837-19-1)—(.82%), Tebuconazole (128997/107534-96-3)—(.62%).
WA-030035	62719	Stinger	Clopyralid, monoethanolamine salt (117401/57754-85-5)—(40.9%).
WA-120008	62719	Entrust SC	Spinosad (110003/131929-60-7)—(22.5%).
WA-970033	62719	Stinger	Clopyralid, monoethanolamine salt (117401/57754-85-5)—(40.9%).

Table 2 of this unit includes the names and addresses of record for all registrants of the products in table 1 & table 3 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 and table 3 of this unit.

Table 2—Registrants of Cancelled Products

EPA company No.	Company name and address
100	Syngenta Crop Protection, LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC 27419-8300.
264	Bayer CropScience, LP, Agent Name: Bayer CropScience, LLC, 801 Pennsylvania Avenue, Suite 900, Washington, DC 20004.
56228	U.S. Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Unit 149, Riverdale, MD 20737.
61842	Tessenderlo Kerley, Inc., Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th Street, Ct. NW, Gig Harbor, WA 98332.
62719	Corteva Agriscience, LLC, 9330 Zionsville Road, Indianapolis, IN 46268.
69969	Arkion Life Sciences, LLC, Agent Name: Wagner Regulatory Associates, Inc., P.O. Box 640, Hockessin, DE 19707.

This notice also announces that EPA has cancelled, as requested by the registrant, the FIFRA section 3 registrations of the products listed in table 3 of this unit by a separate letter to Syngenta Crop Protection, LLC. This letter was issued by the Agency on October 3, 2023, and is available for each of the cancelled products below on the Pesticide Product and Label System (PPLS) at https://ordspub.epa.gov/​ords/​pesticides/​f?​p=​PPLS:1.

Table 3—Prior Product Cancellation of Products Containing Cyantraniliprole

Registration No.	Company No.	Product name	Active ingredients
100-1422	100	A16901B Ornamental Insecticide	Cyantraniliprole (090098/736994-63-1)—(20%), Thiamethoxam (060109/153719-23-4)—(20%).
100-1544	100	HGW86 T&O Insect Control	Cyantraniliprole (090098/736994-63-1)—(18.66%).
100-1552	100	Mainspring	Cyantraniliprole (090098/736994-63-1)—(18.66%).
100-1574	100	Mainspring Flora GH	Cyantraniliprole (090098/736994-63-1)—(10%), Pymetrozine (101103/123312-89-0)—(30%).

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

EPA received one anonymous comment on this notice that was supportive of EPA cancelling these registrations, which EPA acknowledges. For these reasons, 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.

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 July 1, 2024. 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 August 31, 2023 (88 FR 60207) (FRL-11150-01-OCSPP). The comment period closed on October 02, 2023.

VI. Provisions for Disposition of Existing Stocks

Existing stocks are those stocks of registered pesticide products that are currently in the United States and 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.

The registrants may continue to sell and distribute existing stocks of products listed in table 1 of unit II, until July 1, 2025, which is 1 year after the publication of the Cancellation Order in the Federal Register . Thereafter, the registrants are prohibited from selling or distributing products listed in table 1, 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.

The disposition of existing stocks for the products listed in table 3 of unit II, is governed by the provisions in EPA's October 3, 2023, letter approving the voluntary cancellation of these products.

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

Dated: June 11, 2024.

Charles Smith,

Director, Registration Division, Office of Pesticide Programs.