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Notice

Cancellation Order for Certain Pesticide Registrations and Amendments To Terminate Uses

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Start Preamble

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, Table 1A, Table 1B and Table 2 of Unit II, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows an April 17, 2020 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 April 17, 2020 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 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received 5 public comments on the notice, but they did not merit 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 effective June 17, 2020.

Start Further Info

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: green.christopher@epa.gov.

End Further Info End Preamble Start Supplemental Information

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-2020-0060, 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 note that due to the public health emergency the EPA Docket Center (EPA/DC) and Reading Room was closed to public visitors on March 31, 2020. Our EPA/DC staff will continue to provide customer service via email, phone, and webform. For further information on EPA/DC services, docket contact information and the current status of the EPA/DC and Reading Room, please visit https://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, 1A, 1B and 2 of this unit.

Table 1—Product Cancellations

Registration No.Company No.Product nameActive ingredients
264-612264Nortron E.CEthofumesate.
264-615264Nortron G.SEthofumesate.
279-3564279Tackle HerbicideGlyphosate-isopropylammonium & Imazethapyr.
279-3570279Tackle II HerbicideGlyphosate-isopropylammonium & Imazethapyr.
1258-12701258Densil CAChlorothalonil & 1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)-.
2693-1702693Fiberglass Bottomkote with Biolux II—Black1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)- & Cuprous oxide.
Start Printed Page 36584
2693-1812693Tri-Lux III with Bio-Lux 5490 BlueCopper thiocyanate & 1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)-.
2693-1832693Micron CSC Plus with Biolux Shark WhiteCuprous oxide & 1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)-.
2693-1892693Tri-Lux BlueCopper thiocyanate & 1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)-.
2693-1992693Trilux with Biolux BlackCopper thiocyanate & 1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)-.
2693-2022693CSC Plus—BlueCuprous oxide & 1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)-.
2693-2042693CSC Plus—BlueCuprous oxide & 1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)-.
2693-2082693Fiberglass Bottomkote with Biolux—BlueCuprous oxide & 1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)-.
2693-2092693Fiberglass Bottomkote Act with Biolux—Blue1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)- & Cuprous oxide.
2693-2132693Super KL Plus with Irgarol—Blue1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)- & Cuprous oxide.
2693-2162693Prop & Drive Clear Aerosol1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)-.
2693-2182693Fiberglass Bottomkote Act with Biolux II—Black1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)- & Cuprous oxide.
2693-2242693Micron Extra Blue1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)- & Cuprous oxide.
2693-2272693Act—Blue1,3,5-Triazine-2,4-diamine, N-cyclopropyl-N'-(1,1-dimethylethyl)-6-(methylthio)- & Cuprous oxide.
4170-1004170Oxyfect-G Peroxide Disinfectant CleanerHydrogen peroxide.
4170-1014170Oxyfect-H Peroxide Disinfectant CleanerHydrogen peroxide.
4822-5104822Vanish Drop-InsTrichloro-s-triazinetrione.
5185-4015185Bioguard Back-Up Algae InhibitorAlkyl* dimethyl benzyl ammonium chloride *(61% C12, 23% C14, 11% C16, 2.5% C18 2.5% C10 and trace of C8) & Alkyl* dimethyl benzyl ammonium chloride *(95% C14, 3% C12, 2% C16).
6836-2116836Bromchlor G2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl- & 1,3-Dibromo-5,5-dimethylhydantoin.
8730-498730Hercon Insectape with PropoxurPropoxur.
8730-778730Hercon Disrupt Bio-Flake VBNVerbenone.
10324-6610324Defend Quaternary Pine OilPine oil; 1-Decanaminium, N,N-dimethyl-N-octyl-, chloride; Alkyl* dimethyl benzyl ammonium chloride *(50% C14, 40% C12, 10% C16); 1-Octanaminium, N,N-dimethyl-N-octyl-, chloride & 1-Decanaminium, N-decyl-N,N-dimethyl-, chloride.
39398-439398Sumithion TechnicalFenitrothion.
41750-141750Awlgrip Awlstar Antifouling Gold Label Bp501 Light BlueCuprous oxide.
41750-241750Awlgrip Awlstar Antifouling Gold Label BP401 Medium GreenCuprous oxide.
60061-3160061Pettit Marine Paint Sea Mate Antifouling Bottom PaintCuprous oxide.
60061-5060061Pettit Marine Paint Anti Fouling Trinidad 75 Red 1675Cuprous oxide.
60061-5460061Pettit Unepoxy Standard Antifouling Bottom Paint 1810 BlackCuprous oxide.
60061-5860061Pettit Unepoxy Antifouling Atlantic FormulaCuprous oxide.
63310-863310Rhizopon AA Water Soluble TabletsIndole-3-butyric acid.
71368-4571368Blightban C9-1Pantoea agglomerans strain C9-1.
73771-273771Bloomtime Biological FD BiopesticidePantoea agglomerans strain E325; NRRL B-21856.
89442-3889442Mep-6X SelectMepiquat chloride.
91234-17691234A275.01Cyazofamid.
92044-592044CAC Etoxazole TechnicalEtoxazole.
AR-19000287978HeligenPolyhedral occlusion bodies of Helicoverpa zea Nucleopolyhedrovirus ABA-NPV-U.

Table 1A—Product Cancellations

Registration No.Company No.Product nameActive ingredients
432-893432Ronstar 50 WSP HerbicideOxadiazon.
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The registrant of the product listed in Table 1A, of Unit II, has requested the effective date of December 31, 2020, for the cancellation.

Table 1B—Product Cancellations

Registration No.Company No.Product nameActive ingredients
CA-04002662719Lorsban* 75WGChlorpyrifos.
CA-08000962719Lorsban AdvancedChlorpyrifos.
CA-08001062719Lorsban AdvancedChlorpyrifos.
CA-08001162719Lorsban AdvancedChlorpyrifos.
CA-08001262719Lorsban AdvancedChlorpyrifos.

The registrant of the products listed in Table 1B, of Unit II, has requested the effective date of December 31, 2019, for the cancellations.

Table 2—Product Registration Amendments To Terminate Uses

Registration No.Company No.Product nameActive ingredientUses to be terminated
8764-18764Freshgard 25o-Phenylphenol, sodium saltApples, cantaloupes, carrots, cherries, cucumbers, nectarines, peaches, peppers, pineapples, plums, sweet potatoes & tomatoes.
60063-760063Echo 720ChlorothalonilDried peas.
84229-4084229Amtide Tebuconazole Technical FungicideTebuconazoleWood treatment.

Table 3 of this unit includes the names and addresses of record for all the registrants of the products listed in Tables 1, 1A, 1B 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 in Table 1 and Table 2 of this unit.

Table 3—Registrants of Cancelled and Amended Products

EPA company No.Company name and address
264Bayer CropScience, LP, 800 N. Lindbergh Blvd., St. Louis, MO 63167.
279FMC Corporation, 2929 Walnut Street, Philadelphia, PA 19104.
432Bayer Environmental Science, A Division of Bayer CropScience, LP, 5000 CentreGreen Way, Suite 400, Cary, NC 27513.
1258Arch Chemicals, Inc., 1200 Bluegrass Lakes Parkway, Alpharetta, GA 30004.
2693International Paint, LLC, 6001 Antoine Drive, Houston, TX 77091.
4170Betco Corp. Ltd, d/ba Betco Corporation, 400 Van Camp Road, Bowling Green, OH 43402.
4822S.C. Johnson & Son, Inc., 1525 Howe Street, Racine, WI 53403.
5185Bio-Lab, Inc., P. O. Box 300002, Lawrenceville, GA 30049-1002.
6836Lonza, LLC, 412 Mount Kemble Avenue, Suite 200S, Morristown, NJ 07960.
8730Aberdeen Road Company, D/B/A Hercon Environmental, P. O. Box 435, Emigsville, PA 17318.
8764John Bean Technologies Corporation, D/B/A JBT Foodtech, 1660 Iowa Ave., Suite 100, Riverside, CA 92507.
10324Mason Chemical Company, 9075 Centre Pointe Dr., Suite 400, West Chester, OH 45069.
39398Sumitomo Chemical America, Inc., Agent Name: Technology Sciences Group, Inc., 1150 18th Street NW, Suite 1000, Washington, DC 20036.
41750International Paint, LLC, 6001 Antoine Drive, Houston, TX 77091.
60061Kop-Coat, Inc., 36 Pine Street, Rockaway, NJ 07866.
60063Sipcam Agro USA, Inc., 2525 Meridian Pkwy., Suite 350, Durham, NC 27713.
62719Dow Agrosciences, LLC, 9330 Zionsville Rd., 308/2E, Indianapolis, IN 46268-1054.
63310Hortus USA Corp, P.O. Box 1956, Old Chelsea Station, New York, NY 10113.
71368NuFarm, Inc., Agent Name: NuFarm Americas, Inc., 4020 Aerial Center Pkwy., Suite 101, Morrisville, NC 27560.
73771Verdesian Life Sciences U.S., LLC, Division Name: D/B/A Verdesian Life Sciences, 1001 Winstead Drive, Suite 480, Cary, NC 27513.
84229Tide International, USA, Inc., Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th Street Ct. NW, Gig Harbor, WA 98332.
87978Agbitech Pty Ltd., Agent Name: Forster & Associates Consulting, LLC, P. O. Box 4097, Greenville, DE 19807.
89442Prime Source, LLC, Agent Name: Wagner Regulatory Associates, Inc., P. O. Box 640, 7217 Lancaster Pike, Suite A, Hockessin, DE 19707.
91234Atticus, LLC, Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th Street Ct. NW, Gig Harbor, WA 98332-9122.
92044CAC Chemical Americas, LLC, Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th St., Ct. NW, Gig Harbor, WA 98332.
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III. Summary of Public Comments Received and Agency Response to Comments

During the public comment period provided, EPA received five public comments; four of them are anonymous, in response to the April 17, 2020 Federal Register notice announcing the Agency's receipt of the requests for voluntary cancellations and amendments to terminate uses of products listed in Tables 1, 1A, 1B and 2 of Unit II. 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 and use termination.

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, 1A, 1B, and 2 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Tables 1, 1A, 1B, and 2 of Unit II are canceled and amended to terminate the affected uses. The effective date of the cancellations and amendments listed in Table 1 and Table 2 that are subject of this notice is June 17, 2020. The effective date of the cancellation listed in Table 1A that is subject of this notice is December 31, 2020. The effective date of the cancellations listed in Table 1B that are subject of this notice is December 31, 2019. Any distribution, sale, or use of existing stocks of the products identified in Tables 1, 1A, 1B, 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 Apr 17, 2020 (85 FR 21428) (FRL-10007-07). The comment period closed on May 18, 2020.

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 10324-66

For product 10324-66, listed in Table 1 of Unit II, the registrant has requested 18-months to sell existing stocks. The registrant will be permitted to sell and distribute existing stocks of the product for 18-months after the effective date of the cancellation, which will be the date of publication of the cancellation order in the Federal Register. Thereafter, the registrant will be prohibited from selling or distributing the product, except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal.

B. For Product 432-893

For product 432-893, listed in Table 1A of Unit II, the registrant has requested the cancellation date to be December 31, 2020; therefore, the registrant will be permitted to sell and distribute existing stocks of the voluntarily canceled product for 1 year after the effective date of the cancellation, which will be until December 31, 2021. Thereafter, the registrant will be prohibited from selling or distributing the product, except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal.

C. For Products CA-040026, CA-080009, CA-080010, CA-080011 & CA-080012

For products CA-040026, CA-080009, CA-080010, CA-080011 & CA-080012, listed in Table 1B of Unit II, the registrant has requested the cancellation date to be December 31, 2019; therefore, the registrant 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 until December 31, 2020. Thereafter, the registrant will be prohibited from selling or distributing these products, except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal.

For all other voluntary cancellations, identified in Table 1 of Unit II, the registrants may continue to sell and distribute existing stocks of the products listed in Table 1 until June 17, 2021, which is 1 year after publication of this cancellation order in the Federal Register. Thereafter, the registrants are prohibited from selling or distributing the 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 December 17, 2021, 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 use 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.

Start Authority

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

End Authority Start Signature

Dated: June 4, 2020.

Delores Barber,

Director, Information Technology and Resources Management Division, Office of Pesticide Programs.

End Signature End Supplemental Information

[FR Doc. 2020-13047 Filed 6-16-20; 8:45 am]

BILLING CODE 6560-50-P