[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 23011-23013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07078]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0223; FRL-11828-01-OCSPP]


Chlorpyrifos; Notice of Receipt of Request To Cancel Certain 
Pesticide Registrations and Amend Registrations To Terminate/Amend 
Certain Uses

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 request 
by the registrants in Table 3 of Unit II to voluntarily cancel 
registrations of certain products containing the pesticide chlorpyrifos 
or to amend their chlorpyrifos registrations to terminate/delete one or 
more 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 if the registrants withdraw their 
request to cancel these uses or products. If these requests are 
granted, any sale, distribution, or use of the products listed in this 
notice after the registrations have been cancelled or the uses have 
been terminated would need to be consistent with the terms as described 
in the final cancellation order.

DATES: Comments must be received on or before May 3, 2024.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2022-0223, is available at 
https://

[[Page 23012]]

www.regulations.gov. Additional instructions on visiting the docket, 
along with more information about dockets generally, are available at 
https://www.epa.gov/dockets. For the latest status information on EPA/
DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Patricia Biggio, Pesticide Re-
Evaluation Division (7508M), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 566-0700; 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. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
https://www.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 the 
registrants in Table 3 of Unit II to cancel certain pesticide products 
or amend registrations by terminating certain uses 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 in Table 1 
and Table 2 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 an order in the Federal Register 
canceling registrations and terminating uses as requested.

       Table 1--Chlorpyrifos Product Registrations With Pending Requests for Termination of Specific Uses
----------------------------------------------------------------------------------------------------------------
      Registration No.            Product name              Company                 Uses to be terminated
----------------------------------------------------------------------------------------------------------------
81964-21...................  Chlorpyrifos 61.5% MUP  Chemstarr, LLC.......  Food processing plants (food and non-
                                                                             food areas).
84229-20...................  Chlorpyrifos 4 EC.....  Tide International...  Food uses: Alfalfa, apple tree
                                                                             trunk, asparagus. Brassica (Cole)
                                                                             leafy vegetables: Radish, rutabaga,
                                                                             turnip; cauliflower; broccoli,
                                                                             Brussels sprout, cabbage, Chinese
                                                                             cabbage, collards, kale, kohlrabi;
                                                                             citrus; calamondin, chironja,
                                                                             citrus citron, citrus hybrids,
                                                                             grapefruit, kumquat, lemon, lime,
                                                                             mandarin (tangerine), pummelo,
                                                                             Satsuma mandarin, sour orange,
                                                                             sweet orange, tangelo, tangor; corn
                                                                             (field and sweet); cotton;
                                                                             cranberry; legume vegetable: Adzuki
                                                                             bean, bean, blackeyed pea, broad
                                                                             bean (dry and succulent), catjang,
                                                                             chickpea, cowpea, crowder pea,
                                                                             English pea, field bean, field pea,
                                                                             garden pea, grain lupin, green pea,
                                                                             guar, lima bean (dry and green),
                                                                             kidney bean, lablab bean, lentil,
                                                                             moth bean, mung bean, navy bean,
                                                                             pea, pigeon pea, pinto bean, rice
                                                                             bean, southern pea, sweet lupin,
                                                                             tepary bean, urd bean, white lupin,
                                                                             white sweet lupin; onion (dry
                                                                             bulb); peanut; peppermint; sorghum
                                                                             (grain sorghum (milo)); soybean;
                                                                             spearmint; sugarbeet; sunflower;
                                                                             sweet potato; tree fruits: cherry,
                                                                             nectarine, peach, pear, plum, and
                                                                             prune; tree nuts: almonds, filbert,
                                                                             pecan and walnut; and wheat.
----------------------------------------------------------------------------------------------------------------


  Table 2--Chlorpyrifos Product Registrations With Pending Requests for
                              Cancellation
------------------------------------------------------------------------
                                                              Active
 EPA Registration No.    Product name       Company        ingredients
------------------------------------------------------------------------
89459-72.............  Equil            Central Garden   Chlorpyrifos.
                        Chlorpyrifos     & Pet.
                        ULV 1.
89459-73.............  Equil            Central Garden   Chlorpyrifos.
                        Chlorpyrifos     & Pet.
                        ULV 2.
------------------------------------------------------------------------


Table 3--Registrants Requesting Voluntary Cancellation or Termination of
                                  Uses
------------------------------------------------------------------------
      EPA Company No.                 Company name and address
------------------------------------------------------------------------
81964.....................  Chemstarr, LLC, Agent Name: Pyxis Regulatory
                             Consulting, Inc., 4110 136th Street Ct. NW,
                             Gig Harbor, WA 98332.
84229.....................  Tide International USA, Inc., Agent Name:
                             Pyxis Regulatory Consulting, Inc., 4110
                             136th Street Ct. NW, Gig Harbor, WA 98332.
89459.....................  Central Garden & Pet, 1501 E Woodfield Rd.,
                             Suite 200W, Schaumburg, IL 60173.
------------------------------------------------------------------------


[[Page 23013]]

III. What is the Agency's authority for taking these actions?

    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 to cancel registered uses 
for a pesticide. 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, 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 registrant requests 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 3 of Unit II have requested that EPA waive 
the 180-day comment period. Accordingly, EPA is providing a 30-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 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 and amendments to 
terminate uses are granted, the Agency intends to publish a final 
cancellation order in the Federal Register. In that order, 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.
    Upon cancellation of the products identified in Table 2 of Unit II, 
the sale and distribution of these products will be prohibited, except 
for export consistent with FIFRA section 17 or for proper disposal. Use 
of existing stocks would be permitted until exhausted.
    EPA is proposing to allow use of existing stocks of chlorpyrifos 
products identified in Table 1 of Unit II as follows: The sale and 
distribution of existing stocks would be permitted through April 30, 
2025. After that date, products identified in Table 1 would not be 
allowed to be sold or distributed, unless none of the terminated uses 
appears on the product's labeling.
    Use of existing stocks would be permitted through June 30, 2025. 
After that date, products identified in Table 1 would be allowed to be 
used only for non-food uses to the extent permitted by the label.
    Authority: 7 U.S.C. 136 et seq.

    Dated: March 29, 2024.
Timothy Kiely,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2024-07078 Filed 4-2-24; 8:45 am]
BILLING CODE 6560-50-P