[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Notices]
[Pages 38129-38131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09885]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2024-0093; FRL-11876-01-OCSPP]


Notice of Receipt of Requests To Voluntarily Cancel Certain 
Pesticide Registrations and/or Amend Registrations To Terminate Certain 
Uses

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 the registrants to voluntarily cancel their registrations of certain 
products and/or to amend their product registrations to terminate 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 request, or unless the registrants withdraw its 
requests. If these requests are granted, any sale,

[[Page 38130]]

distribution, or use of products listed in this notice will be 
permitted after the registrations have been cancelled and/or uses 
terminated 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 November 4, 2024.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2024-0093, 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. 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 
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.

II. What action is the Agency taking?

    This notice announces receipt by EPA of requests from registrants 
to cancel certain and/or terminate certain uses of pesticide product 
registrations. The affected products and the registrants making the 
requests are identified in tables 1-3 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 canceling and/or 
amending 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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44446-67.........................           44446  Concept Hospital             4-tert-Amylphenol (064101/80-46-
                                                    Disinfectant Deodorant.      6)--(.05%), Ethanol (001501/64-
                                                                                 17-5)--(53%), o-Phenylphenol
                                                                                 (NO INERT USE) (064103/90-43-
                                                                                 7)--(.2%).
85588-13.........................           85588  AgSurf MSM Herbicide.......  Metsulfuron (122010/74223-64-6)--
                                                                                 (60%).
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                       Table 2--Product Registrations With Pending Requests for Amendment
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                                                                                                 Uses to be
       Registration No.          Company No.        Product name        Active ingredient        terminated
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53883-197....................           53883  Lambda 0.5%            lambda-Cyhalothrin    Lawn & turf use in
                                                Concentrate.           (128897/91465-08-     residential
                                                                       6)--(.5%).            settings.
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    Table 3 of this unit includes the name and addresses of record for 
the registrants of the products listed in table 1 and table 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 in 
table 1 and table 2 of this unit.

Table 3--Registrants Requesting Voluntary Cancellation and/or Amendments
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      EPA company No.                  Company name and address
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44446......................  QuestSpecialty Corporation, P.O. Box: 624,
                              Brenham, TX 77834.
53883......................  Control Solutions, Inc., 5903 Genoa Red
                              Bluff Road, Pasadena, TX 77507.
85588......................  AgSurf Corporation, 9805 Statesville Road,
                              Suite 6309, Charlotte, NC 28269.
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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 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.
    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

[[Page 38131]]

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 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 Requests

    Registrants who choose to withdraw a request for product 
cancellation or use termination should submit the withdrawal in writing 
to the person listed under FOR FURTHER INFORMATION CONTACT. If the 
products(s) 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 
action. If the requests for voluntary cancellation and/or amendments to 
terminate uses 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 a product registration and/or for an amendment to terminate uses, 
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.

For: 85588-13

    For 85588-13, AgSurf Corporation, the registrant of the product 
subject to this cancellation notice, requests an existing stocks 
provision allowing the continued sale and distribution of the affected 
product until 18 months after the cancellation is published in the 
Federal Register.
    For all other 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.
    Once EPA has approved product labels reflecting the requested 
amendments to terminate uses, registrants will be permitted to sell or 
distribute products under the previously approved labeling for a period 
of 18 months after the date of Federal Register publication of the 
cancellation order, 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 canceled products and/or 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/or terminated uses.
    Authority: 7 U.S.C. 136 et seq.

    Dated: April 30, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-09885 Filed 5-6-24; 8:45 am]
BILLING CODE 6560-50-P