[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Notices]
[Page 36080-36081]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn08-76]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0258; FRL-8368-7]
Triadimefon; Product Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's order for the cancellation,
voluntarily requested by the registrant and accepted by the Agency, of
a product containing the pesticide triadimefon, pursuant to section
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended. This cancellation order follows an April 16, 2008
Federal Register Notice of Receipt of Request from the triadimefon
registrant to voluntarily cancel its triadimefon product registration
432-1294. This is not the last triadimefon product registered for use
in the United States. In the April 16, 2008 notice, EPA indicated that
it would issue an order implementing the cancellation, unless the
Agency received substantive comments within the 30-day comment period
that would merit its further review of this request, or unless the
registrant withdrew its request within this period. The Agency did not
receive any comments on the notice. Further, the registrant did not
withdraw its request. Accordingly, EPA hereby issues in this notice a
cancellation order granting the requested cancellation. Any
distribution, sale, or use of the triadimefon 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 June 25, 2008.
FOR FURTHER INFORMATION CONTACT: John W. Pates, Jr., Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8195; fax
number: (703) 305-5290; e-mail address: pates.john@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. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2005-0258. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr.
II. What Action is the Agency Taking?
This notice announces the cancellation, as requested by the
registrant, of a certain triadimefon product registered under section 3
of FIFRA. The product is listed by registration number in Table 1of
this unit.
Table 1.--Triadimefon Product Cancellation
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EPA Registration Number Product Name
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432-1294 Bayleton 50 Turf and
Ornamental Fungicide in WSP
and Bayleton 50 WP
Fungicide
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Table 2 of this unit includes the name and address of record for
the registrant of the product in Table 1 of this unit by EPA company
number.
Table 2.--Registrant of the Canceled Triadimefon Product
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EPA Company Number Company Name and Address
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432 Bayer Environmental Science
2 T.W. Alexander Drive
Research Triangle Park, NC
27709
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III. Summary of Public Comments Received and Agency Response to
Comments
During the public comment period provided, EPA received no comments
in response to the April 16, 2008 Federal Register notice announcing
the Agency's receipt of the request for voluntary cancellation of
triadimefon.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellation of the triadimefon registration identified in Table 1 of
Unit II. Accordingly, the Agency orders that the triadimefon product
registration identified in Table 1 of Unit II. is hereby canceled. Any
distribution, sale, or use of existing stocks of the product 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 considered a violation of FIFRA.
[[Page 36081]]
V. What is the Agency's Authority for Taking this Action?
Section 6(f)(1) of FIFRA 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 Administrator may approve such
a request.
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. Typically, the Agency will permit a registrant to
sell and distribute existing stocks for one year after the date the
cancellation request was received. Such policy is in accordance with
the Agency's statement of policy as set forth in the Federal Register
of June 26, 1991 (56 FR 29362) (FRL-3846-4). However, in this case,
because Bayer Environmental Science has provided information to the
Agency that it is not likely that any remaining existing stocks are out
in the channels of trade, the Agency does not believe that there is a
need to permit the registrant to sell or distribute existing stocks for
a period of one year. In addition, the Agency does not believe that
there is a need for persons other than the registrant to continue to
sell and/or use existing stocks of canceled products. The Agency
believes that end users have had sufficient time to exhaust those
existing stocks. Therefore, the last date for end use of the product is
effective on the date of publication of this cancellation order in the
Federal Register. Pursuant to FIFRA section 6(f), the Agency hereby
approves the requested cancellation of Bayleton 50 Turf and Ornamental
Fungicide in WSP and Bayleton 50 WP Fungicide (EPA Registration
432-1294).
List of Subjects
Environmental protection, Pesticides and pests.
Dated: June 17, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-14113 Filed 6-24-08; 8:45 am]
BILLING CODE 6560-50-S