
[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Notices]
[Pages 10067-10069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05157]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0014; FRL-9989-85]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

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 a July 10, 
2018 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 July 10, 
2018 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 one anonymous 
public comment on the notice, but it didn't merit its further review of 
the requests. Two registrants requested to withdraw their requests to 
cancel registrations. The registrant for 81964-4, requested via letter 
to withdraw their voluntary cancellation request. Also, the registrant 
for 2596-150 and 2596-151, requested via letter to withdraw their 
voluntary cancellation requests. Accordingly, EPA

[[Page 10068]]

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 effective March 19, 2019.

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) 341-0367; 
email address: Green.Christopher@epa.gov.

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-2018-0014, 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
------------------------------------------------------------------------
                                                              Active
   Registration No.      Company No.     Product name      ingredients
------------------------------------------------------------------------
264-736..............             264  Bayleton          Triadimefon.
                                        Technical
                                        Fungicide.
264-740..............             264  Bayleton 50%      Triadimefon.
                                        Concentrate.
264-743..............             264  Baytan Technical  Triadimenol.
50830-1..............           50830  The 10-Hour       Diethyl
                                        Insect            toluamide.
                                        Repellent.
52564-1..............           52564  Sodium Chlorite   Sodium
                                        Technical 80      chlorite.
                                        PCT.
91974-2..............           91974  Kangaroo Old      Naphthalene.
                                        Fashioned Moth
                                        Balls.
AR-130010............             352  DuPont Realm Q    Mesotrione &
                                        Herbicide.        Rimsulfuron.
AR-940002............           59639  Valent Bolero 8   Thiobencarb.
                                        EC.
AR-940003............           59639  Valent Bolero 8   Thiobencarb.
                                        EC.
AR-950004............           59639  Valent Bolero 8   Thiobencarb.
                                        EC.
CO-990010............           62719  Kerb 50W          Propyzamide.
                                        Herbicide in
                                        WSP.
NC-170005............           62719  GF-3335.........  2,4-D, Choline
                                                          salt.
OR-020029............           62719  Kerb 50W          Propyzamide.
                                        Herbicide in
                                        WSP.
OR-040029............           62719  Kerb 50W          Propyzamide.
                                        Herbicide in
                                        WSP.
OR-950033............            7969  Basagran          Sodium
                                        Herbicide.        bentazon.
OR-990008............           62719  Kerb 50W          Propyzamide.
                                        Herbicide in
                                        WSP.
------------------------------------------------------------------------


                           Table 2--Product Registration Amendments to Terminate Uses
----------------------------------------------------------------------------------------------------------------
      Registration No.         Company No.        Product name        Active Ingredients   Uses to be terminated
----------------------------------------------------------------------------------------------------------------
92564-37...................           92564  Ant & Roach Killer     beta-Cyfluthrin & o-   Outdoors.
                                              Pump Spray B.          Phenylphenol, sodium
                                                                     salt.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for 
all registrants of the products in Tables 1 and 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 above.

         Table 3--Registrants of Cancelled and Amended Products
------------------------------------------------------------------------
          EPA company No.                 Company name and address
------------------------------------------------------------------------
264...............................  Bayer CropScience, LP., 2 T.W.
                                     Alexander Drive, P.O. Box 12014,
                                     Research Triangle Park, NC 27709.
352...............................  E. I. Du Pont De Nemours and
                                     Company, Attn: Manager, US
                                     Registration, DuPont Crop
                                     Protection, Chestnut Run Plaza (CRP
                                     720/2E5), 974 Centre Rd.,
                                     Wilmington, DE 19805.
7969..............................  BASF Corporation, Agricultural
                                     Products, 26 Davis Drive, P.O. Box
                                     13528, Research Triangle Park, NC
                                     27709-3528.
50830.............................  Tec Laboratories, Inc., 7100 Tec
                                     Labs Way, SW, Albany, OR 97321.
52564.............................  Ercros, S.A., Agent Name: Laird's
                                     Regulatory Consultants, Inc., 17804
                                     Braemar Place, Leesburg, VA 20175-
                                     7046.
59639.............................  Valent U.S.A., LLC., 1600 Riviera
                                     Avenue, Suite 200, Walnut Creek, CA
                                     94596-8025.

[[Page 10069]]

 
62719.............................  Dow Agrosciences, LLC., 9330
                                     Zionsville Rd., Indianapolis, IN
                                     46268-1054.
91974.............................  American Eagle Home Products, LLC.,
                                     P.O. Box 691072, Orlando, FL 32869.
92564.............................  SBM Life Science Corp., 1001
                                     Winstead Drive, Suite 500, Cary, NC
                                     27513.
------------------------------------------------------------------------

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

    The Agency received one anonymous public comment on the notice, but 
it didn't merit its further review of the request. However, two 
registrants requested to withdraw their requests to cancel 
registrations. The registrant for 81964-4, Chemstarr, LLC, requested 
via letter to withdraw their voluntary cancellation request for 81964-
4. Also, the registrant for 2596-150 and 2596-151, The Hartz Mountain 
Corporation, requested via letter to withdraw their voluntary 
cancellation requests for 2596-150 and 2596-151: For these reasons, the 
Agency will not cancel these three registrations and the requests have 
been removed from this notice.

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 March 19, 2019. 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 July 
10, 2018 (83 FR 31969) (FRL-9979-71). The comment period closed on 
January 7, 2019.

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.
    For voluntary cancellations, the registrants may continue to sell 
and distribute existing stocks of products listed in Table 1 until 
March 18, 2020, which is 1 year after publication of this cancellation 
order in the Federal Register. Thereafter, the registrants are 
prohibited from selling or distributing products listed in Table 1 of 
Unit II, except for export in accordance 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, registrants are permitted to sell or 
distribute products listed in Table 2 of Unit II, under the previously 
approved labeling until September 17, 2020, a period of 18 months after 
publication of the cancellation order in this Federal Register, 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: March 5, 2019.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2019-05157 Filed 3-18-19; 8:45 am]
BILLING CODE 6560-50-P


