[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Pages 24790-24792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08582]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0075; FRL-10887-01-OCSPP]


Notice of Receipt of Requests To Voluntarily Cancel Certain 
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

[[Page 24791]]

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 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 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 October 23, 2023.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2023-0075, through the Federal eRulemaking 
Portal at https://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. Additional 
instructions on commenting and visiting the docket, along with more 
information about dockets generally, is available at https://www.epa.gov/dockets.

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: (202) 566-2707; 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 https://www.epa.gov/dockets/commenting-epa-dockets.

II. What action is the Agency taking?

    This notice announces receipt by the Agency 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)). These 
registrations are listed in sequence by registration number (or company 
number and 24(c) number) in Table 1 of this unit.
    Unless the Agency determines that there are substantive comments 
that warrant further review of the requests or the registrants withdraw 
their requests, EPA intends to issue a cancellation order in the 
Federal Register canceling all of the affected registrations.

                          Table 1--Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
        Registration No.          Company No.            Product name                   Active ingredients
----------------------------------------------------------------------------------------------------------------
264-328.........................          264  Sevin Brand 80% Dust Base.......  Carbaryl (056801/63-25-2)--
                                                                                  (80%).
432-885.........................          432  Sevin Brand Granular Carbaryl     Carbaryl (056801/63-25-2)--
                                                Insecticide.                      (7%).
432-1213........................          432  Sevin Granules (1% Sevin) Ant,    Carbaryl (056801/63-25-2)--
                                                Flea, Tick & Grub Killer.         (1%).
432-1226........................          432  Sevin 80 WSP Carbaryl             Carbaryl (056801/63-25-2)--
                                                Insecticide.                      (80%).
----------------------------------------------------------------------------------------------------------------

    The registrants of the products listed in Table 1 of Unit II, have 
requested 18-months after cancellation to sell existing stocks.
    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 this unit.

         Table 2--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
     EPA company No.                  Company name and address
------------------------------------------------------------------------
264......................  Bayer CropScience, LP, Agent Name: Bayer
                            CropScience, LLC, 801 Pennsylvania Avenue,
                            Suite 900, Washington, DC 20004.
432......................  Bayer Environmental Science, A Division of
                            Bayer CropScience, LP, 700 Chesterfield
                            Parkway West, Chesterfield, MO 63017.
------------------------------------------------------------------------

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. FIFRA further provides that, 
before acting on the request, EPA must publish a notice of receipt of 
any such request in the Federal Register.
    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,

[[Page 24792]]

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 in Table 2 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 Request

    Registrants who choose to withdraw a request for cancellation 
should submit such 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. If the requests for voluntary cancellation 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, listed in Table 1 of Unit II, 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: 264-328, 432-885, 432-1213, and 432-1226

    For 264-328, 432-885, 432-1213, and 432-1226, listed in Table 1 of 
Unit II, the registrants have requested 18-months after cancellation to 
sell existing stocks. Thereafter, registrants will be prohibited from 
selling or distributing the pesticides 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 registrants will generally be allowed to sell, 
distribute, or use existing stocks until such 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: April 17, 2023.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-08582 Filed 4-21-23; 8:45 am]
BILLING CODE 6560-50-P