[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Notices]
[Pages 52347-52349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18596]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0014; FRL-10013-65]


Cancellation Order for Certain Pesticide Registrations and 
Amendments To Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations and 
amendments to terminate uses, voluntarily requested by the registrants 
and accepted by the Agency, pursuant to the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows 
a February 4, 2020 Federal Register Notice of Receipt of Requests from 
the registrants listed in Table 3 of Unit II to voluntarily cancel and 
amend to terminate uses of these product registrations. In the February 
4, 2020 notice, EPA indicated that it would issue an order implementing 
the cancellations and amendments to terminate uses, 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 registrant for 1007-99, 1007-100 
and 1007-1001 did withdraw their requests to cancel these product 
registrations; therefore, these product registrations have been removed 
from this notice. Accordingly, EPA hereby issues in this notice a 
cancellation order granting the requested cancellations and amendments 
to terminate uses. 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 and amendments are effective August 24, 2020.

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. 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-2018-0014, 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 (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805.
    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 cancellations and amendments to terminate 
uses, as requested by the registrants, of products registered under 
FIFRA section 3 (7 U.S.C. 136a). These registrations are listed in 
sequence by registration number in Tables 1, 1A and 2 of this unit.

                     Table 1--Product Cancellations
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                                                             Active
   Registration No.    Company No.     Product name       ingredients
------------------------------------------------------------------------
AL-040003............          279  AIM EC Herbicide.  Carfentrazone-
                                                        ethyl.
AL-080002............        82541  DuPont Direx 4L    Diuron.
                                     Herbicide.
AL-080003............        82541  DuPont Karmex XP   Diuron.
                                     (DF) Herbicide.
AL-940001............         5481  Orthene 75 S       Acephate.
                                     Soluble Powder.
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[[Page 52348]]


                     Table 1A--Product Cancellations
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                                                             Active
   Registration No.    Company No.     Product name       ingredients
------------------------------------------------------------------------
432-1360.............          432  Bayleton 50 Turf   Triadimefon.
                                     and Ornamental
                                     Fungicide in
                                     Water Soluble
                                     Packets.
432-1367.............          432  Bayleton 50 WDG    Triadimefon.
                                     Nursery and
                                     Greenhouse
                                     Systemic
                                     Fungicide.
432-1445.............          432  Bayleton Flo Turf  Triadimefon.
                                     and Ornamental
                                     Fungicide.
432-1446.............          432  Tartan Fungicide.  Trifloxystrobin &
                                                        Triadimefon.
432-1513.............          432  Armada 50 WDG....  Triadimefon &
                                                        Trifloxystrobin.
------------------------------------------------------------------------

    The registrant of the products listed in Table 1A, of Unit II, has 
requested the effective date of June 30, 2023, for the cancellations.

                           Table 2--Product Registration Amendments To Terminate Uses
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     Registration No.       Company No.        Product name          Active ingredient     Uses to be terminated
----------------------------------------------------------------------------------------------------------------
5481-197..................         5481  Technical Grade PCNB...  Pentachloronitrobenzen  Beans, cotton, garlic,
                                                                   e.                      peanuts, peppers and
                                                                                           tomatoes.
5481-8988.................         5481  Turfcide 10% Granular..  Pentachloronitrobenzen  Beans, cotton,
                                                                   e.                      peanuts, peppers and
                                                                                           additionally beans,
                                                                                           peppers and tomatoes
                                                                                           as vegetable bedding
                                                                                           plants.
5481-8992.................         5481  Turfcide 4F............  Pentachloronitrobenzen  Beans, cotton, garlic,
                                                                   e.                      peanuts, peppers,
                                                                                           tomatoes and
                                                                                           additionally peppers
                                                                                           and tomatoes as
                                                                                           vegetable bedding
                                                                                           plants.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for 
all registrants of the products in Tables 1, 1A and 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 above.

         Table 3--Registrants of Cancelled and Amended Products
------------------------------------------------------------------------
     EPA company No.                 Company name and address
------------------------------------------------------------------------
279.....................  FMC Corporation, 2929 Walnut Street,
                           Philadelphia, PA 19104.
432.....................  Bayer Environmental Science, A Division of
                           Bayer CropScience, LP, 5000 CentreGreen Way,
                           Suite 400, Cary, NC 27513.
5481....................  AMVAC Chemical Corporation, 4695 MacArthur
                           Court, Suite 1200, Newport Beach, CA 92660-
                           1706.
82541...................  Catfish Farmers Registration Corporation, 1100
                           Highway 82 East, Suite 202, Indianola, MS
                           38751.
------------------------------------------------------------------------

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 4, 2020 Federal Register notice announcing 
the Agency's receipt of the requests for voluntary cancellations and 
amendments to terminate uses of the products listed in Tables 1, 1A and 
2 of Unit II.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)(1)), EPA hereby 
approves the requested cancellations and amendments to terminate uses 
identified in Tables 1, 1A and 2 of Unit II. Accordingly, the Agency 
hereby orders that the product registrations identified in Tables 1 and 
2 of Unit II are canceled and amended to terminate the affected uses. 
The effective date of the cancellations that are subject of this notice 
is August 25, 2020. The effective date of the cancellations in Table 1A 
is June 30, 2023. Any distribution, sale, or use of existing stocks of 
the products identified in Tables 1, 1A and 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 4, 2020 (85 FR 6166) (FRL-10004-11). The comment period closed 
on August 3, 2020.

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 
action. The existing stocks provision for the products subject to this 
order is as follows.

For Products 432-1360, 432-1367, 432-1445, 432-1446 & 432-1513

    For the products 432-1360, 432-1367, 432-1445, 432-1446 & 432-1513 
listed in Table 1A of Unit II, the registrant has requested the 
effective date of the cancellations to be June 30, 2023;

[[Page 52349]]

therefore, registrants will be permitted to sell and distribute 
existing stocks of these products until June 30, 2024. Thereafter, 
registrants will be prohibited from selling or distributing the 
products in Table 1A of Unit II, except for export consistent with 
FIFRA section 17 (7 U.S.C. 136o) or for proper disposal.
    For all other voluntary cancellations, identified in Table 1 of 
Unit II, the registrants may continue to sell and distribute existing 
stocks of the products listed in Table 1 until August 24, 2021, which 
is 1 year after publication of this cancellation order in the Federal 
Register.
    Thereafter, the registrants are prohibited from selling or 
distributing products listed in Table 1 of Unit II., except for export 
in accordance with FIFRA section 17 (7 U.S.C. 136o) or for proper 
disposal.
    Now that EPA has approved product labels reflecting the requested 
amendments to terminate uses, registrants are permitted to sell or 
distribute the products listed in Table 2 of Unit II under the 
previously approved labeling until February 25, 2022, a period of 18 
months after publication of the cancellation order in this Federal 
Register, 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 the 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: August 18, 2020.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2020-18596 Filed 8-24-20; 8:45 am]
BILLING CODE 6560-50-P