[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Pages 31969-31971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14734]



[EPA-HQ-OPP-2018-0014; FRL-9979-71]

Notice of Receipt of Requests To Voluntarily Cancel Certain 
Pesticide Registrations and Amend Registrations To Terminate Certain 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: In accordance with the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests 
by the registrants to voluntarily cancel certain pesticide product 
registrations and to amend certain product registrations to terminate 
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 unless the registrants withdraw their requests. If 
these requests are granted, any sale, distribution, or use of products 
listed in this notice will be permitted after the registrations have 
been cancelled and uses terminated only if such sale, distribution, or 
use is consistent with the terms as described in the final order.

DATES: Comments must be received on or before January 7, 2019.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2018-0014, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Information 
Technology and Resources Management Division (7502P), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW, Washington, DC 20460-0001; telephone number: (703) 347-0367; 
email address: green.christopher@epa.gov.


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. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. What action is the agency taking?

    This notice announces receipt by EPA of requests from pesticide 
registrants to cancel certain pesticide products and amend product 
registrations to terminate certain uses. The affected products and the 
registrants making the requests are identified in Tables 1, 2 and 3 of 
this unit.
    Unless a request is withdrawn by the registrant or if the Agency 
determines that there are substantive comments that warrant further 
review of this request, EPA intends to issue an order in the Federal 
Register canceling and amending the affected registrations.

  Table 1--Product Registrations With Pending Requests for Cancellation
  Registration No.      Company No.     Product name       ingredients
264-736.............             264  Bayleton          Triadimefon.
264-740.............             264  Bayleton 50%      Triadimefon.
264-743.............             264  Baytan Technical  Triadimenol.
2596-150............            2596  Hartz Reference   Phenothrin & S-
                                       118.              Methoprene.
2596-151............            2596  Hartz Reference   Phenothrin.
50830-1.............           50830  The 10-Hour       Diethyl
                                       Insect            toluamide.
52564-1.............           52564  Sodium Chlorite   Sodium chlorite.
                                       Technical 80
81964-4.............           81964  Tide Triadimefon  Triadimefon.
91974-2.............           91974  Kangaroo Old      Naphthalene.
                                       Fashioned Moth
AR-130010...........             352  DuPont Realm Q    Mesotrione &
                                       Herbicide.        Rimsulfuron.
AR-940002...........           59639  Valent Bolero 8   Thiobencarb.
AR-940003...........           59639  Valent Bolero 8   Thiobencarb.
AR-950004...........           59639  Valent Bolero 8   Thiobencarb.
CO-990010...........           62719  Kerb 50W          Propyzamide.
                                       Herbicide in
NC-170005...........           62719  GF-3335.........  2, 4-D, Choline
OR-020029...........           62719  Kerb 50W          Propyzamide.
                                       Herbicide in
OR-040029...........           62719  Kerb 50W          Propyzamide.
                                       Herbicide in

[[Page 31970]]

OR-950033...........            7969  Basagran          Sodium bentazon.
OR-990008...........           62719  Kerb 50W          Propyzamide.
                                       Herbicide in

                       Table 2--Product Registrations with Pending Requests for Amendment
                                                                                                  Uses to be
         Registration No.            Company No.       Product name      Active ingredients       terminated
92564-37.........................           92564  Ant & Roach Killer   beta-Cyfluthrin & o- Outdoors.
                                                    Pump Spray B.        Phenylphenol,
                                                                         sodium salt.

    Table 3 of this unit includes the names and addresses of record for 
the registrants of the products listed 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 Requesting Voluntary Cancellation and/or Amendments
     EPA Company No.                  Company name and address
264......................  Bayer CropScience, LP., 2 T.W. Alexander
                            Drive, P.O. Box 12014, Research Triangle
                            Park, NC 27709.
352......................  E. I. Du Pont De Nemours and Company, Attn:
                            Manager, US Registration, DuPont Crop
                            Protection, Chestnut Run Plaza (CRP 720/
                            2E5), 974 Centre Rd., Wilmington, DE 19805.
2596.....................  The Hartz Mountain Corporation, 400 Plaza
                            Drive, Secaucus, NJ 07094.
7969.....................  BASF Corporation, Agricultural Products, 26
                            Davis Drive, P.O. Box 13528, Research
                            Triangle Park, NC 27709-3528.
50830....................  Tec Laboratories, Inc., 7100 Tec Labs Way SW,
                            Albany, OR 97321.
52564....................  Ercros, S.A., Agent Name: Laird's Regulatory
                            Consultants, Inc., 17804 Braemar Place,
                            Leesburg, VA 20175-7046.
59639....................  Valent U.S.A., LLC., 1600 Riviera Avenue,
                            Suite 200, Walnut Creek, CA 94596-8025.
62719....................  Dow Agrosciences, LLC., 9330 Zionsville Rd.,
                            Indianapolis, IN 46268-1054.
81964....................  Chemstarr, LLC., Agent Name: Pyxis Regulatory
                            Consulting Inc., 4110 136th Street Ct. NW,
                            Gig Harbor, WA 98332.
91974....................  American Eagle Home Products, LLC., P.O. Box
                            691072, Orlando, FL 32869.
92564....................  SBM Life Science Corp., 1001 Winstead Drive,
                            Suite 500, Cary, NC 27513.

III. 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 
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that 
before acting on a request for voluntary cancellation, EPA must provide 
a 30-day public comment period on the request for voluntary 
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C) 
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment 
period on a request for voluntary cancellation or termination of any 
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the 
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants listed in Table 3 of Unit II have not requested 
that EPA waive the 180-day comment period. Accordingly, EPA will 
provide a 180-day comment period on the proposed requests.

IV. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product 
cancellation or use termination should submit the withdrawal in writing 
to the person listed under FOR FURTHER INFORMATION CONTACT. If the 
products have been subject to a previous cancellation or termination 
action, the effective date of cancellation or termination and all other 
provisions of any earlier cancellation or termination action are 

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
that are currently in the United States and that were packaged, 
labeled, and released for shipment prior to the effective date of the 
action. If the requests for voluntary cancellation and amendments to 
terminate uses are granted, the Agency intends to publish the 
cancellation order in the Federal Register.
    In any order issued in response to these requests for cancellation 
of product registrations and for amendments to terminate uses, EPA 
proposes to include the following provisions for the treatment of any 
existing stocks of the products listed in Tables 1 and 2 of Unit II.
    For the voluntary product cancellations, identified in Table 1 of 
Unit II, registrants will be permitted to sell and distribute existing 
stocks of voluntarily canceled products for 1 year after the effective 
date of the cancellation, which will be the date of publication of the 
cancellation order in the Federal Register. Thereafter, registrants 
will be prohibited from selling or distributing the products identified 
in Table 1 of Unit II, except for export consistent with FIFRA section 
17 (7 U.S.C. 136o) or for proper disposal.
    Once EPA has approved product labels reflecting the requested 
amendments to terminate uses, identified in Table 2 of Unit II, 
registrants will be permitted to sell or distribute products under the 

[[Page 31971]]

approved labeling for a period of 18 months after the date of Federal 
Register publication of the cancellation order, unless other 
restrictions have been imposed. Thereafter, registrants will be 
prohibited from selling or distributing the products whose labels 
include the terminated uses identified in Table 2 of Unit II, except 
for export consistent with FIFRA section 17 or for proper disposal.
    Persons other than the registrant may sell, distribute, or use 
existing stocks of canceled products and products whose labels include 
the terminated uses until supplies 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 and terminated uses.

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

    Dated: June 20, 2018.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2018-14734 Filed 7-9-18; 8:45 am]