[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Notices]
[Pages 36080-36081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14113]


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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: [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-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