[Federal Register Volume 73, Number 74 (Wednesday, April 16, 2008)]
[Notices]
[Pages 20663-20664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8002]


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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: [email protected].

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