[Federal Register Volume 85, Number 147 (Thursday, July 30, 2020)]
[Notices]
[Pages 45881-45883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16461]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0144; FRL-10012-41]


Notice of Receipt of Requests To Voluntarily Cancel Certain 
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests 
by registrants to voluntarily cancel certain pesticide registrations. 
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 its 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 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 26, 2021.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2020-0144, 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 20460-
0001.
    Submit written withdrawal request by mail to: Information 
Technology and Resources Management Division (7502P), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW, Washington, DC 20460-0001. ATTN: Christopher Green.
    Hand Delivery: To make special arrangements for hand delivery or 
delivery of boxed information, please

[[Page 45882]]

follow the instructions at http://www.epa.gov/dockets/contacts.html.
    Please note that due to the public health emergency the EPA Docket 
Center (EPA/DC) and Reading Room was closed to public visitors on March 
31, 2020. Our EPA/DC staff will continue to provide customer service 
via email, phone, and webform. For further information on EPA/DC 
services, docket contact information and the current status of the EPA/
DC and Reading Room, please visit https://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: [email protected].

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.

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 registrants 
to cancel certain pesticide products. registered under FIFRA section 3 
(7 U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)). The affected products and 
the registrants making the requests are identified in Tables 1-2 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 the affected registrations.

                      Table 1--Product Registrations With Pending Requests for Cancellation
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            Registration No.                Company No.          Product name             Active ingredients
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228-619.................................             228  NuFarm Sethoxydim SPC       Sethoxydim.
                                                           Herbicide.
1258-1265...............................            1258  Baquacil Ultra Swimming     Poly(iminoimidocarbonylimi
                                                           Pool Sanitizer &            noimidocarbonyliminohexam
                                                           Fungicide.                  ethylene) hydrochloride.
62719-397...............................           62719  Kerb 50-W.................  Propyzamide.
CA-960008...............................           62719  Kerb 50W Herbicide in WSP.  Propyzamide.
FL-910007...............................           62719  Kerb 50W Herbicide........  Propyzamide.
ID-020020...............................           62719  Kerb 50W Herbicide in WSP.  Propyzamide.
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    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 Requesting Voluntary Cancellation
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       EPA Company No.                 Company name and address
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228.........................  NuFarm Americas, Inc., 4020 Aerial Center
                               Pkwy., Ste. 101, Morrisville, NC 27560.
1258........................  Arch Chemicals, Inc., 1200 Bluegrass Lakes
                               Parkway, Alpharetta, GA 30004.
62719.......................  Dow Agrosciences, LLC, 9330 Zionsville
                               Rd., 308/2E, Indianapolis, IN 46268-1054.
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III. What is the Agency's authority for taking this action?

    FIFRA section 6(f)(1) (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.
    FIFRA section 6(f)(1)(B) (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 2 of Unit II. have not requested 
that EPA waive the 180-day comment period. Accordingly, EPA is 
providing a 180-day comment period on the proposed requests.

[[Page 45883]]

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for product 
cancellation 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 action, the effective date of 
cancellation and all other provisions of any earlier cancellation 
action are controlling.

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 
cancellation action.
    In any order issued in response to these requests for cancellation 
of product registrations EPA proposes to include the following 
provisions for the treatment of any existing stocks of the products 
listed in Table 1 of Unit II.
    For voluntary product cancellations, 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.
    Persons other than the registrant may sell, distribute, or use 
existing stocks of canceled products 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.

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

    Dated: July 15, 2020.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2020-16461 Filed 7-29-20; 8:45 am]
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