Title: Cryolite and Propazine; Notice of Receipt of Request to Voluntarily Cancel Certain Pesticide Registrations

*Online at https://www.govinfo.gov/content/pkg/FR-2021-03-10/html/2021-04903.htm

Excerpts

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. These requests would terminate the last cryolite and propazine products registered in the United States. 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 further review of the requests, or unless the registrants withdraw their requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registration has been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.

Docket identification (ID) number EPA-HQ-OPP-2021-0132

Federal eRulemaking Portal: http://www.regulations.gov.

What action is the Agency taking?

This notice announces receipt by the Agency of requests from registrants to cancel eight pesticide products registered under FIFRA section 3 (7 U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)). These registrations are listed in sequence by registration number (or company number and 24(c) number) in Table 1 of this unit.

Unless the Agency determines that there are substantive comments that warrant further review of the requests or the registrants withdraw their requests, EPA intends to issue orders in the Federal Register canceling all of the affected registrations.

Table 1–Registrations With Pending Requests for Cancellation

Registration No.	Product name	Chemical name
10163-41	Prokil Cryolite 96.	Cryolite.
10163-225	Gowan Cryolite Bait.	Cryolite.
10163-242	Prokil Cryolite 75-Dust.	Cryolite.
10163-243	Prokil Cryolite 50-Dust.	Cryolite.
91813-32	Kryocide Insecticide.	Cryolite.
FL000011	Prokil Cryolite 96.	Cryolite.

Table 2–Registrants Requesting Voluntary Cancellation

EPA company No.	Company name and address
10163	Gowan Company P.O. Box 5569, Yuma, AZ 85366.
91813	UPL NA, Inc., 630 Freedom Business Ctr., #402, King of Prussia, PA 19406.

 

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. 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 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 registrant requests 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 in Table 2 of Unit II have requested that EPA waive the 180-day comment period. Accordingly, EPA will provide a 30-day comment period on the proposed requests.

Procedures for Withdrawal of Request

Registrants who choose to withdraw a request for cancellation should submit such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT. If the products have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling.

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 cancellation action. Because the Agency has identified no significant potential risk concerns associated with these pesticide products, upon cancellation of the products identified in Table 1 of Unit II, EPA anticipates allowing registrants to sell and distribute existing stocks of the cryolite products listed in Table 1 of Unit II for 18 months after publication of the Cancellation Order in the Federal Register, and EPA anticipates allowing registrants to sell and distribute existing stocks of the propazine products listed in Table 1 of Unit II for 1 year after publication of the Cancellation Order in the Federal Register. Thereafter, registrants will be prohibited from selling or distributing the pesticides identified in Table 1 of Unit II, except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such 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.

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*Original Federal Register online at https://www.govinfo.gov/content/pkg/FR-2021-03-10/html/2021-04903.htm