[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Notices]
[Pages 89446-89447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28557]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0075; FRL-11533-01-OCSPP]


Product Cancellation Order for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations, 
voluntarily requested by the registrants and accepted by the Agency, of 
the products listed in Table 1 of Unit II, pursuant to the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation 
order follows an April 24, 2023, Federal Register Notice of Receipt of 
Requests from the registrants listed in Table 2 of Unit II, to 
voluntarily cancel these product registrations. In the April 24, 2023, 
notice, EPA indicated that it would issue an order implementing the 
cancellations, 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 
received one general comment on the notice, but none merited its 
further review of the requests. Further, the registrants did not 
withdraw their requests. Accordingly, EPA hereby issues in this notice 
a cancellation order granting the requested cancellations. 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 are effective December 27, 2023.

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: 
<a href="/cdn-cgi/l/email-protection#98ffeafdfdf6b6fbf0eaf1ebecf7e8f0fdead8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="7c1b0e191912521f140e150f08130c14190e3c190c1d521b130a">[email protected]</span></a>.

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-2023-0075, is available at https://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 (202) 566-1744. Please review the visitor instructions and 
additional information about the docket available at https://www.epa.gov/dockets.

II. What action is the agency taking?

    This notice announces the cancellation, as requested by 
registrants, of products registered under FIFRA section 3 (7 U.S.C. 
136a). These registrations are listed in sequence by registration 
number in Table 1 of this unit.

                                         Table 1--Product Cancellations
----------------------------------------------------------------------------------------------------------------
           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 (056801/63-25-2)--
                                                        Carbaryl Insecticide.         (7%).
432-1213.............................             432  Sevin Granules (1% Sevin)     Carbaryl (056801/63-25-2)--
                                                        Ant, Flea, Tick & Grub        (1%).
                                                        Killer.
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 Table 1 of this 
unit.

               Table 2--Registrants of Cancelled Products
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              EPA company No.                 Company name and address
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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. Summary of Public Comments Received and Agency Response to 
Comments

    The agency received one general comment regarding pesticides in 
general, not pertaining to any specific registrations in the notice, 
which EPA acknowledges. For this reason, the Agency does not believe 
that the comments submitted during the comment period merit further 
review or a denial of the requests for voluntary cancellation.

[[Page 89447]]

IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby 
approves the requested cancellations of the registrations identified in 
Table 1 of Unit II. Accordingly, the Agency hereby orders that the 
product registrations identified in Table 1 of Unit II, are canceled. 
The effective date of the cancellations that are the subject of this 
notice is December 27, 2023. Any distribution, sale, or use of existing 
stocks of the products identified in Table 1 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 April 
24, 2023 (88 FR 24790) (FRL-10887-01-OCSPP). The comment period closed 
on October 23, 2023.

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 
cancellation action. The existing stocks provisions for the products 
subject to this order are as follows.

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. The registrants may continue to sell and 
distribute existing stocks of the products listed in Table 1 of Unit 
II, until June 27, 2025, a period of 18 months after publication of the 
cancellation order in this Federal Register. Thereafter, registrants 
will be prohibited from selling or distributing the pesticides 
identified in Table 1 of Unit II, except for export in accordance with 
FIFRA section 17 (7 U.S.C. 136o), or proper disposal. Persons other 
than the registrants may sell, distribute, or use existing stocks of 
products listed in Table 1 of Unit II, until existing 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: December 21, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-28557 Filed 12-26-23; 8:45 am]
BILLING CODE 6560-50-P


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