

[Federal Register: April 19, 2006 (Volume 71, Number 75)]
[Notices]               
[Page 20093-20095]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap06-76]                         


[[Page 20093]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0369; FRL-7772-4]

 
Chloroneb; Notice of Receipt of Request to Voluntarily Terminate 
Certain Uses of Pesticide Registrations and Request for Label 
Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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 submitted by the registrant to 
voluntarily terminate certain uses of its chloroneb products and 
request label amendments. The request would terminate chloroneb use on 
residential lawns and turf, as well as on lawns and turf at parks and 
schools. 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 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 19, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0369, 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 (7502C), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPP Regulatory Public Docket, Environmental 
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St., 
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 telephone number is (703) 
305-5805.
     Important Note: OPP will be moving to a new location the 
first week of May 2006. As a result, from Friday, April 28 to Friday, 
May 5, 2006, the OPP Regulatory Public Docket will NOT be accepting any 
deliveries at the Crystal Mall 2 address and this facility 
will be closed to the public. Beginning on May 8, 2006, the OPP 
Regulatory Public Docket will reopen at 8:30 a.m. and deliveries will 
be accepted in Rm. S-4400, One Potomac Yard (South Building), 2777 S. 
Crystal Drive, Arlington, VA 22202. The mail code for the mailing 
address will change to (7502P), but will otherwise remain the same. The 
OPP Regulatory Public Docket telephone number and hours of operation 
will remain the same after the move.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0369. EPA's policy is that all comments received will be included 
in the docket without change and may be made 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 Federal 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. 
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 in the electronic docket at http://www.regulations.gov, or, 

if only available in hard copy, at the OPP Regulatory Public Docket at 
the location identified under ``Delivery'' and ``Important Note.'' The 
hours of operation for this docket facility are from 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. The docket 
telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review 
and Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8025; fax 

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 
http://www.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 number and other identifying 
information (subject heading, Federal Register date and page number).

[[Page 20094]]

    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 Requests to Terminate Certain Uses of 
its Chloroneb Products and Request for Label Amendments

    This notice announces receipt by EPA of a request from Kincaid Inc. 
(See Table 3 of this unit) to voluntarily terminate certain uses of 
four chloroneb product registrations, and effect label amendments. 
Chloroneb is a fungicide currently registered for use on a wide variety 
of food crops but primarily used for pre-plant cottonseed treatment as 
well as on commercial turf and ornamentals. Other markets for chloroneb 
seed treatment uses include: Sugar beets, soybeans, cotton, and beans. 
In a letter dated January 9, 2006, Kincaid Inc. requested that EPA 
terminate certain uses of pesticide product registrations identified in 
this notice in Table 1 of this unit. Kincaid Inc. requests voluntary 
termination of chloroneb's use on residential lawns and turf, as well 
as on lawns and turf at parks and schools. Specifically, Kincaid 
requests that the following use be terminated: Turf, except for golf 
course tees, greens, collars, aprons, and spot treatment on fairways, 
as well as athletic fields used only by professional athletes. In 
addition to the use terminations, Kincaid requests the following 
statement be added to the label for its manufacturing-use registration 
(registration number 73782-1) identified in this notice in Table 2: 
``This product may not be formulated into end use products for use on 
turf, except for use on golf course tees, greens, collars, aprons, and 
spot treatment on fairways, as well as athletic fields used for 
professional athletes.''

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from a registrant 
to terminate certain uses of chloroneb product registrations. The 
affected products and the registrant making the request are identified 
in Table 1 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 registrants request 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 chloroneb registrant has requested that EPA waive the 180-day 
comment period. EPA will provide a 30-day comment period on the 
proposed request.
    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice in the Federal Register, or if the Agency 
determines that there are substantive comments that warrant further 
review of this request, an order will be issued shortly after the close 
of the comment period terminating the affected registrations.

   Table 1.--Chloroneb Product Registrations with Pending Request for
                       Termination of Certain Uses
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        Registration No.             Product name           Company
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73782-1                           Chloroneb           Kincaid Inc.
                                   Fungicide
                                   Technical
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73782-2                           Demosan 65W         Kincaid Inc.
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73782-3                           Terraneb SP Turf    Kincaid Inc.
                                   Fungicide
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73782-4                           K.E. Chloroneb      Kincaid Inc.
                                   Systemic Flowable
                                   Fungicide
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Table 2.--Chloroneb Product Registrations with Pending Request for Label
                               Amendments
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        Registration No.             Product name           Company
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73782-1                           Chloroneb           Kincaid Inc.
                                   Fungicide
                                   Technical
------------------------------------------------------------------------

    Table 3 of this unit includes the name and address of record for 
the registrant of the products listed in Table 1 and Table 2 of this 
unit.

  Table 3.--Registrant Requesting Voluntary Termination of Certain Uses
                          and Label Amendments
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              EPA Company No.                 Company name and address
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73782.....................................  Kincaid Inc.
                                            P.O. Box 490
                                            Athens, TN 37371
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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 Chloroneb

    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 19, 2006. 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 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 
termination action.

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    In any order issued in response to this request for termination of 
certain uses 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: Registrant may sell and 
distribute existing stocks for one year from the date of the use 
termination request. The product may be sold, distributed, and used by 
people other than the registrant until existing stocks have been 
exhausted, provided that such sale, distribution, and use complies with 
the EPA-approved label and labeling of the product.
    If the request for voluntary use termination is granted, the Agency 
intends to publish the cancellation order in the Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 6, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E6-5748 Filed 4-18-06; 8:45 am]

BILLING CODE 6560-50-S
