[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 23010-23011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06979]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2020-0492; FRL-11842-01-OCSPP]


Existing Stocks Order for Dicamba Products Previously Registered 
for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On February 14, 2024, EPA issued its Existing Stocks Order for 
Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-
Tolerant Cotton and Soybean. EPA hereby provides notice of the existing 
stocks order. EPA issued the existing stocks order following the 
February 6, 2024, order and judgement by the District of Arizona 
vacating the registrations for three products, XtendiMax[supreg] with 
VaporGrip[supreg] Technology (``XtendiMax''), Engenia[supreg] Herbicide 
(``Engenia''), and A21472 Plus VaporGrip[supreg] Technology 
(Tavium[supreg] Plus VaporGrip[supreg] Technology) (``Tavium''). As of 
February 6, 2024, these products are no longer registered, and it is 
unlawful under the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) to sell or distribute them except to the extent otherwise 
authorized by EPA.

ADDRESSES: The docket for this action, identified under docket 
identification (ID) number EPA-HQ-OPP-2020-0492, is available online at 
https://www.regulations.gov. Additional instructions on visiting the 
docket, along with more information about dockets generally, is 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone 
number: (202) 566-1030; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

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, farm worker 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.

II. What action did the Agency take?

    On February 6, 2024, the District of Arizona issued an order and 
judgment vacating the registrations of three dicamba products 
(XtendiMax[supreg] with VaporGrip[supreg] Technology (EPA Reg. No. 264-
1210) (``XtendiMax''), Engenia[supreg] Herbicide (EPA Reg. No. 7969-
472) (``Engenia''), and A21472 Plus VaporGrip[supreg] Technology 
(Tavium[supreg] Plus VaporGrip[supreg] Technology) (EPA Reg. No. 100-
1623) (``Tavium'')) previously registered for over-the-top use on 
dicamba-tolerant cotton and soybean. These products are no longer 
registered, and it is unlawful under FIFRA to sell or distribute them 
except to the extent otherwise authorized by EPA. To allow for the 
legal and orderly disposition of those products, EPA issued an existing 
stocks order for the three products on February 14, 2024, and revised 
the order on March 12, 2024.

III. Provisions for Disposition of Existing Stocks

    Pursuant to FIFRA Section 6(a)(1), on February 14, 2024, EPA issued 
an existing stocks order for XtendiMax[supreg] with VaporGrip[supreg] 
Technology (EPA Reg. No. 264-1210), Engenia[supreg] Herbicide (EPA Reg. 
No. 7969-472), and A21472 Plus VaporGrip[supreg] Technology 
(Tavium[supreg] Plus VaporGrip[supreg] Technology) (EPA Reg. No. 100-
1623). EPA revised the order on March 12, 2024. The order will remain 
in effect unless or until subsequent action is taken. The issuance of 
the order did not follow a public hearing. EPA's issuance of the order 
is a final agency action, judicially reviewable under FIFRA Sec.  16(a) 
(7 U.S.C. 136n). Any sale, distribution, or use of existing stocks of 
these products inconsistent with the order is prohibited.
    For purposes of the order, ``existing stocks'' is defined as those 
stocks of previously registered pesticide products that are currently 
in the United States and were packaged, labeled, and released for 
shipment prior to February 6, 2024 (the effective date of the District 
of Arizona's vacatur of the dicamba registrations). Pursuant to FIFRA 
section 6(a)(1), the order issued on February 14, 2024 (and revised on 
March 12, 2024) includes the following existing stocks provisions:
    1. Sale or Distribution by the Registrants. As of February 6, 2024, 
sale or distribution by the registrants of these products is 
prohibited, except for the purposes of proper disposal or to facilitate 
lawful export.

[[Page 23011]]

    2. Sale or Distribution by Persons other than the Registrants. 
Persons other than the registrants, including but not limited to co-ops 
and commercial distributors, who are already in possession of these 
products as of February 6, 2024, may sell or distribute these products 
until the end date for sale and distribution of existing stocks 
identified in Tables 1 or 2 (depending on your state); except that such 
persons may distribute these products after the date identified in 
Tables 1 or 2 solely for purposes of proper disposal, lawful export, or 
to facilitate return to the manufacturer.
    3. Distribution or Sale by Commercial Applicators. Notwithstanding 
paragraph 2, for the purpose of facilitating use no later than the 
relevant end date for use of existing stocks identified in Tables 1 or 
2, distribution or sale of existing stocks of these dicamba products 
that are in the possession of commercial applicators is permitted until 
the relevant end date for use in Tables 1 or 2.
    4. Use of Existing Stocks. As of the date of the order, use of 
XtendiMax, Engenia, and Tavium is permitted until the relevant date 
identified in Tables 1 or 2, provided that such use of existing stocks 
is consistent in all respects with the previously approved labeling 
accompanying the product.

  Table 1--End Dates for Sale, Distribution, and Use of Existing Stocks
------------------------------------------------------------------------
                               End date for sale &
                                 distribution of     End date for use of
          State(s)             existing stocks for     existing stocks
                                  use (para. 2)       (paras. 3 & 4) *
------------------------------------------------------------------------
IA, IL, IN..................  Sale & Distribution   Use of XtendiMax,
                               of XtendiMax,         Engenia, or Tavium:
                               Engenia, or Tavium:   June 12, 2024, or
                               May 13, 2024.         V4 growth stage
                                                     (soybean) or 1st
                                                     square growth stage
                                                     (cotton) in 2024,
                                                     whichever comes
                                                     first.
MN..........................  Sale & Distribution   Use of XtendiMax,
                               of XtendiMax,         Engenia, or Tavium
                               Engenia, or Tavium    south of I-94: June
                               to Purchasers South   12, 2024.
                               of I-94: May 13,     Use of XtendiMax,
                               2024.                 Engenia, or Tavium
                              Sale & Distribution    north of I-94: June
                               of XtendiMax,         30, 2024.
                               Engenia, or Tavium
                               to Purchasers North
                               of I-94: May 31,
                               2024.
SD..........................  Sale & Distribution   Use of XtendiMax,
                               of XtendiMax,         Engenia, or Tavium:
                               Engenia, or Tavium:   June 20, 2024.
                               May 21, 2024.
AL, AZ, CO, DE, FL            Sale & Distribution   Use of XtendiMax,
 (excluding Palm Beach         of XtendiMax,         Engenia, or Tavium
 County), GA, KS, KY, LA,      Engenia, or Tavium    on Dicamba-Tolerant
 MD, MI, MS, MO, NE, NJ, NM,   for Use on Dicamba-   Soybean: June 30,
 NY, NC, ND, OH, OK, PA, SC,   Tolerant Soybean:     2024.
 TN (excluding Wilson          May 31, 2024.        Use of XtendiMax,
 County), TX, VA, WV, WI.     Sale & Distribution    Engenia, or Tavium
                               of XtendiMax,         on Dicamba-Tolerant
                               Engenia, or Tavium    Cotton: July 30,
                               for Use on Dicamba-   2024.
                               Tolerant Cotton:
                               June 30, 2024.
------------------------------------------------------------------------
* The end dates for the use of existing stocks outlined in this Table
  are consistent with the application cut-off dates on the previously
  approved labeling of the formerly registered dicamba products at the
  time of vacatur. EPA believes these cut-off dates are appropriate
  because they will minimize confusion amongst the grower community.
  Furthermore, establishing cut-off dates in the existing stocks order
  consistent with those on the previously approved labeling is expected
  to encourage lawful use.


Table 2--End Dates for Sale, Distribution, and Use of Existing Stocks in
                                Arkansas
------------------------------------------------------------------------
                               End date for sale &
                                 distribution of     End date for use of
            State              existing stocks for     existing stocks
                                  use (para. 2)        (paras. 3 & 4)
------------------------------------------------------------------------
AR..........................  Sale & Distribution   Use of XtendiMax,
                               of XtendiMax,         Engenia, or Tavium:
                               Engenia, or Tavium:   June 30, 2024.
                               May 31, 2024.
------------------------------------------------------------------------
* The end date for the use of existing stocks outlined in this Table is
  consistent with the application cut-off date under Ark. Admin. Code
  209.02.4-XIII. EPA did not intend its February 14, 2024, order to
  allow use of these dicamba products beyond any state-imposed
  application cutoff dates. Nevertheless, EPA added this cut-off date to
  the order to provide clarity to users in Arkansas.

    Additional information regarding the existing stocks order may be 
found in https://www.regulations.gov/docket/EPA-HQ-OPP-2020-0492.
    Authority: 7 U.S.C. 136 et seq.

    Dated: March 26, 2024.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-06979 Filed 4-2-24; 8:45 am]
BILLING CODE 6560-50-P