[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25453-25454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11755]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0467; FRL-9976-98]


Product Cancellation Order for Certain Pesticide Registrations 
and Amendments To Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations and 
amendments to terminate uses, voluntarily requested by the registrants 
and accepted by the Agency, of the products listed in Table 1 and Table 
2 of Unit II, pursuant to the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA). This cancellation order follows an October 3, 
2017 Federal Register Notice of Receipt of Requests from the 
registrants listed in Table 3 of Unit II to voluntarily cancel and 
amend to terminate uses of these product registrations. In the October 
3, 2017 notice, EPA indicated that it would issue an order implementing 
the cancellations and amendments to terminate uses, 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 5 anonymous 
public comments 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 and amendments to terminate uses. 
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 and amendments are applicable June 1, 2018.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Information 
Technology and Resources Management Division (7502P), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW, Washington, DC 20460-0001; telephone number: (703) 347-0367; 
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. 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-2017-0467, is available at http://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 (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

II. What action is the Agency taking?

    This notice announces the cancellations and amendments to terminate 
uses, 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 Tables 1 and 2 of this unit.

                                         Table 1--Product Cancellations
----------------------------------------------------------------------------------------------------------------
           Registration No.               Company No.           Product name              Active ingredient
----------------------------------------------------------------------------------------------------------------
53883-370.............................           53883  Quali-Pro Oxadiazon 50 WSB.  Oxadiazon.
CA-130009.............................           91606  Aspergillus Flavus AF36....  Aspergillus flavus strain
                                                                                      AF36.
WY-080010.............................            8033  Assail 70WP Insecticide....  Acetamiprid.
----------------------------------------------------------------------------------------------------------------


                           Table 2--Product Registration Amendments to Terminate Uses
----------------------------------------------------------------------------------------------------------------
       Registration No.           Company No.       Product name      Active ingredient   Uses to be terminated
----------------------------------------------------------------------------------------------------------------
2724-404......................            2724  Zoecon RF-322        MGK 264; Piperonyl  Use on horses.
                                                 Ovicidal Pump        butoxide;
                                                 Spray.               Pyrethrins; & S-
                                                                      Methoprene.
49620-2.......................           49620  EKA SC-R...........  Sodium chlorate...  Defoliants/desiccants
                                                                                          applied to:
                                                                                          Agricultural drainage
                                                                                          systems, beans (dried
                                                                                          type), corn, cotton,
                                                                                          fallow land, flax,
                                                                                          guar, peas (Southern),
                                                                                          peppers (chili type),
                                                                                          potatoes, rice,
                                                                                          safflower, sorghum,
                                                                                          soybeans, sunflowers,
                                                                                          wheat; and as an
                                                                                          herbicide applied to
                                                                                          nonagricultural
                                                                                          settings (commercial,
                                                                                          industrial, and
                                                                                          residential).

[[Page 25454]]

 
49620-6.......................           49620  EKA SC-R Aqueous...  Sodium chlorate...  Defoliants/desiccants
                                                                                          applied to:
                                                                                          Agricultural drainage
                                                                                          systems, beans (dried
                                                                                          type), corn, cotton,
                                                                                          fallow land, flax,
                                                                                          guar, peas (Southern),
                                                                                          peppers (chili type),
                                                                                          potatoes, rice,
                                                                                          safflower, sorghum,
                                                                                          soybeans, sunflowers,
                                                                                          wheat; and as an
                                                                                          herbicide applied to
                                                                                          nonagricultural
                                                                                          settings (commercial,
                                                                                          industrial, and
                                                                                          residential).
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for 
all registrants of the products 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 of Cancelled and Amended Products
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            EPA company No.                 Company name and address
------------------------------------------------------------------------
2724..................................  Wellmark International, 1501 E.
                                         Woodfield Road, Suite 200 West,
                                         Schaumburg, IL 60173.
8033..................................  Nippon Soda Co., Ltd., Agent
                                         Name: Nisso America, Inc., 88
                                         Pine Street, 14th Floor, New
                                         York, NY 10005.
49620.................................  Akzo Nobel Pulp and Performance
                                         Chemicals, Inc., Agent Name:
                                         Keller and Heckman, LLP, 1001 G
                                         Street NW, Suite 500 West,
                                         Washington, DC 20001.
53883.................................  Control Solutions, Inc., 5903
                                         Genoa Red Bluff Road, Pasadena,
                                         TX 77507.
91606.................................  California Cattlemen's
                                         Association Feeder Council,
                                         1221 H Street, Sacramento, CA
                                         95814.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    During the public comment period provided EPA received 5 anonymous 
public comments. The Agency does not believe that the comments 
submitted during the comment period merits further review or the denial 
of the requests for the voluntary cancellations of products listed in 
Table 1 of Unit II or the requests for the amendments to terminate uses 
in Table 2 of Unit II.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)(1)), EPA hereby 
approves the requested cancellations and amendments to terminate uses 
of the registrations identified in Tables 1 and 2 of Unit II. 
Accordingly, the Agency hereby orders that the product registrations 
identified in Tables 1 and 2 of Unit II are canceled and amended to 
terminate the affected uses. The effective date of the cancellations 
that are subject of this notice is June 1, 2018. Any distribution, 
sale, or use of existing stocks of the products identified in Tables 1 
and 2 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 
October 3, 2017 (82 FR 46050) (FRL-9966-87). The comment period closed 
on April 2, 2018.

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 
action. The existing stocks provision for the products subject to this 
order is as follows.

A. For Product 53883-370

    The registrant has requested to the Agency via letter to distribute 
existing stocks for an 18-month period for products 53883-370.
    For all other voluntary product cancellations identified in Table 1 
of Unit II, 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.
    Now that EPA has approved product labels reflecting the requested 
amendments to terminate uses for the products listed in Table 2 of Unit 
II, registrants are permitted to sell or distribute the products listed 
in Table 2 of Unit II, under the previously approved labeling until 
December 2, 2019, 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 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 terminated uses.

    Authority: 7 U.S.C. 136 et seq.

    Dated: May 3, 2018.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2018-11755 Filed 5-31-18; 8:45 am]
BILLING CODE 6560-50-P


