[Federal Register: April 16, 2008 (Volume 73, Number 74)]
[Notices]
[Page 20640-20642]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap08-54]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0258; FRL-8361-1]
Triadimefon; Notice of Receipt of Request to Voluntarily Cancel
Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of a request by the registrant to voluntarily cancel
its registration for a product containing the pesticide triadimefon
(EPA Registration No. 432-1294). The request would not terminate the
last triadimefon product registered for use in the United States. EPA
intends to grant this request at the close of the comment period for
this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of the
request, or unless the registrant withdraws its request within this
period. Upon acceptance of this request, any sale, distribution, or use
of products listed in this notice will be permitted only if such sale,
distribution, or use is consistent with the terms as described in the
final order.
DATES: Comments must be received on or before May 16, 2008.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0258 by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0258. EPA's policy is that all comments received will be included
in the docket without change and may be made
[[Page 20641]]
available on-line at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. 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 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.
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. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background on the Receipt of Request to Cancel Registrations
This notice announces receipt by EPA of a request from a
registrant, Bayer Environmental Science, to cancel the product Bayleton
50 Turf and Ornamental Fungicide in WSP and (Bayleton 50 WP Fungicide)
(EPA Registration No. 432-1294). The request will not terminate the
last triadimefon products registered in the United States.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from a registrant
to cancel a triadimefon product registration. The affected product and
the registrant making the request are identified in Tables 1 and 2 of
this unit.
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
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, section
6(f)(1)(C) of FIFRA 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 Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
The triadimefon registrant has requested that EPA waive the 180-day
comment period. EPA will provide a 30-day comment period on the
proposed request.
Unless the request is withdrawn by the registrant within 30 days of
publication of this notice, or the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling the affected registration.
[[Page 20642]]
Table 1.--Triadimefon Product Registration with Pending Request for
Cancellation
------------------------------------------------------------------------
Registration Number Product Name Company
------------------------------------------------------------------------
432-1294 Bayleton 50 Turf Bayer
and Ornamental Environmental
Fungicide in WSP Science
and Bayleton 50
WP Fungicide
------------------------------------------------------------------------
Table 2 of this unit includes the name and address of record for
the registrant of the product listed in Table 1 of this unit.
Table 2.--Registrant Requesting Voluntary Cancellation
------------------------------------------------------------------------
EPA Company Number Company Name and Address
------------------------------------------------------------------------
432 Bayer Environmental Science
2 T.W. Alexander Drive
Research Triangle Park, NC
27709
------------------------------------------------------------------------
IV. 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.
V. Procedures for Withdrawal of Request and Considerations for
Reregistration of triadimefon
Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before May 16, 2008. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) request listed in this notice. If
the products(s) have been subject to a previous cancellation action,
the effective date of cancellation and all other provisions of any
earlier cancellation action are controlling.
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.
In any order issued in response to this request for cancellation of
a product registration, EPA proposes to include the following
provisions for the treatment of any existing stocks of the products
identified or referenced in Table 1 or 2 in Unit III., as follows:
Typically the Agency will permit a registrant to sell and
distribute existing stocks for 1 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 the
registrant 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 will be effective
on the date of publication of the cancellation order in the Federal
Register.
If the request for voluntary cancellation is granted, the Agency
intends to publish the cancellation order in the Federal Register. If
the Agency receives comment that the final cancellation order should
contain existing stocks provisions different than the ones just
described, the Agency will consider the comments. If needed, the Agency
will make any changes to the existing stocks provisions in the
cancellation order in the Federal Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: April 9, 2008.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-7996 Filed 4-15-08; 8:45 am]
BILLING CODE 6560-50-S