2021-18530. 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 and Table 2 of Unit II, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a February 9, 2021 Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II to voluntarily cancel these product registrations. In the February 9, 2021 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 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. 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 August 27, 2021.

FOR FURTHER INFORMATION CONTACT:

Christopher Green, Registration Division (7502P), 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-2020-0144, is available at http://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 http://www.epa.gov/​dockets.

Due to the public health concerns related to COVID-19, the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit 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 and Table 2 of this unit.

Table 1—Product Cancellations

Registration No.	Company No.	Product name	Active ingredients
100-1117	100	Touchdown Herbicide	Glyphosate.
100-1121	100	Touchdown Pro Herbicide	Glyphosate.
100-1122	100	Touchdown Liquid Concentrate	Glyphosate.
100-1157	100	Touchdown CF Herbicide	Glycine, N-(phosphonomethyl)-, diammonium salt.
100-1179	100	Touchdown Diquat Home and Garden Concentrate	Diquat dibromide & Glyphosate.
100-1182	100	Touchdown Hitech Herbicide	Glycine, N-(phosphonomethyl)- potassium salt.
100-1212	100	Touchdown CT Herbicide	Glycine, N-(phosphonomethyl)- potassium salt.
100-1362	100	Refuge Herbicide	Glycine, N-(phosphonomethyl)- potassium salt.

The registrant of the products listed in Table 1 of Unit II, requested the effective date of the cancellations to be November 02, 2020.

Table 2—Product Cancellations

Registration No.	Company No.	Product name	Active ingredients
241-343	241	Tri-4 HF Herbicide	Trifluralin.
7969-88	7969	Poast Plus Herbicide	Sethoxydim.
7969-194	7969	Rezult Herbicide	Sethoxydim.
7969-277	7969	BAS 800 02/03 Powered by Kixor Herbicide	Saflufenacil.
7969-294	7969	Sethoxydim Manufacturer's Use Product	Sethoxydim.

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

Table 3—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.
241	BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528.
7969	BASF Corporation, Agricultural Products Division, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528.

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 February 9, 2021 Federal Register notice announcing the Agency's receipt of the requests for voluntary cancellations of products listed in Table 1 and Table 2 of Unit II.

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 and Table 2 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Table 1 and Table 2 of Unit II are canceled. The effective date of the cancellations that are the subject of this notice is August 27, 2021. Any distribution, sale, or use of existing stocks of the products identified in Table 1 and Table 2 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 February 9, 2021 (86 FR 8779) (FRL-10016-16). The comment period closed on August 9, 2021.

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 products 100-1117, 100-1121, 100-1122, 100-1157, 100-1179, 100-1182, 100-1212 and 100-1362 listed in Table 1 of Unit II, the registrant has requested the effective date of the cancellations to be November 02, 2020; therefore, the registrant will be permitted to sell and distribute existing stocks of this product until November 02, 2021. Thereafter, the registrant will be prohibited from selling or distributing the product in Table 1 of Unit II, except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal.

For all other voluntary product cancellations, listed in Table 2 of Unit II, the registrants may continue to sell and distribute existing stocks of products listed in Table 2 of Unit II until August 29, 2022, which is 1 year after the date of publication of the Cancellation Order in the Federal Register. Thereafter, the registrants are prohibited from selling or distributing products listed in Table 2, 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 and Table 2 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.

Dated: August 20, 2021.

Catherine Aubee,

Acting Director, Registration Division, Office of Pesticide Programs.