[Federal Register: April 16, 2008 (Volume 73, Number 74)]
[Notices]
[Page 20663-20664]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap08-58]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2004-0369; FRL-8359-4]
Chloroneb; Termination of Certain Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's cancellation order for the
termination of certain uses, voluntarily requested by the registrants
and accepted by the Agency, of products containing the pesticide
chloroneb, pursuant to section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation
order follows a December 28, 2007 Federal Register Notice of Receipt of
Requests from the chloroneb registrants to voluntarily terminate
certain uses of their chloroneb product registrations. The requests
would terminate chloroneb's use on residential lawns and turf, as well
as on lawns and turf at parks and schools. These are the last chloroneb
products with these uses registered for use in the United States. In
the December 28, 2007 notice, EPA indicated that it would issue an
order implementing the cancellation to terminate certain 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 within this period. The Agency
did not receive any comments on the notice. Further, the registrants
did not withdraw their requests. Accordingly, EPA hereby issues in this
notice a cancellation order granting the requested termination on
residential lawns and turf, as well as on lawns and turf at parks and
schools. Any distribution, sale, or use of the chloroneb products
subject to this cancellation order is permitted only in accordance with
the terms of this order, including any existing stocks provisions.
[[Page 20664]]
DATES: The cancellations are effective April 16, 2008.
FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review
and Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8025; fax
number: (703) 308-8005; e-mail address: livingston.wilhelmena@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-2004-0369. 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 order to terminate
chloroneb's use on residential lawns and turf, as well as on lawns and
turf at parks and schools, as requested by the registrants, of
chloroneb's products registered under section 3 of FIFRA. These
registrations are listed in sequence by registration number in Table 1
of this unit.
Table 1.--Chloroneb Product Registrations with Termination of Certain
Uses
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EPA Registration Number Product Name
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2217-692 Teremec SP Turf Fungicide
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9198-182 ProTuf Fungicide II
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9198-204 Andersons Golf Products
Fungicide IX
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Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number.
Table 2.--Registrants of Chloroneb Products with Termination of Certain
Uses
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EPA Company Number Company Name and Address
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2217 PBI/Gordon Corporation, 1217
West 12th Street, P.O. Box
014090, Kansas City,
Missouri 64101-0090
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9198 The Andersons Lawn
Fertilizer Division, Inc.,
P.O. Box 119 Maumee, Ohio
43537
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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 December 28, 2007 Federal Register notice announcing
the Agency's receipt of the requests for voluntary cancellation to
terminate certain uses of chloroneb.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellation to terminate certain uses of chloroneb registrations
identified in Table 1 of Unit II. Any distribution, sale, or use of
existing stocks of the products 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.
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. The cancellation order issued in this notice
includes the following existing stocks provisions.
Registrant may sell and distribute existing stocks for one year
from the date of the use termination request and allow persons other
than the registrant to continue to sell and/or use existing stocks of
cancelled products until such stocks are exhausted, provided that such
use is consistent with the terms of the previously approved labeling
on, or that accompanied, the cancelled product. The order will
specifically prohibit any use of existing stocks that is not consistent
with such previously approved labeling.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: April 3, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-8002 Filed 4-15-08; 8:45 am]
BILLING CODE 6560-50-S