

[Federal Register: August 16, 2006 (Volume 71, Number 158)]
[Notices]               
[Page 47213-47215]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au06-81]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0369; FRL-8083-2]

 
Chloroneb; Termination of Certain Uses and Label Amendments

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 and label amendments, voluntarily requested 
by the registrant 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 an April 19, 2006 Federal Register Notice of 
Receipt of Request from the chloroneb registrant to voluntarily 
terminate certain uses of its chloroneb products and label amendments. 
The request would terminate chloroneb's use on residential lawns and 
turf, as well as on lawns and turf of parks and schools. In the April 
19, 2006 Notice, EPA indicated that it would issue an order to 
implement the termination of 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 registrant withdrew 
their request within this period. The Agency did not receive any 
comments on the Notice. Further, the registrant did not withdraw their 
request. Accordingly, EPA hereby issues in this notice a cancellation 
order granting the request to terminate the use on residential lawns 
and turf, as well as on lawns and turf of 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.

DATES: The cancellations are effective August 16, 2006.

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:

[[Page 47214]]

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 Building), 2777 S. 
Crystal Drive 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 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 grants the request by the registrant identified in this 
notice (Table 3) to terminate certain uses and amend labels for 
chloroneb registrations. Chloroneb is a fungicide currently registered 
for use on a variety of food crops but is 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 (Table 1). Kincaid Inc. 
requested voluntary termination of chloroneb's use on residential lawns 
and turf, as well as on lawns and turf at parks and schools. With 
regard to turf uses, Kincaid requested 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 
requested the following statement be added to the label for its 
manufacturing-use registration (registration number 73782-1) identified 
in this notice (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.''
    This notice announces the termination of certain uses of chloroneb 
product registrations and label amendments. The affected products and 
the registrant making the request are identified in the following 
tables of this unit.

  Table 1.--Chloroneb Product Registrations with Termination of Certain
                                  Uses
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           EPA Registration No.                     Product Name
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73782-1                                     Chloroneb Fungicide
                                             Technical
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73782-2                                     Demosan 65W
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73782-3                                     Terraneb SP Turf Fungicide
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73782-4                                     K.E. Chloroneb Systemic
                                             Flowable Fungicide
------------------------------------------------------------------------


      Table 2.--Chloroneb Product Registration for Label Amendments
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           EPA Registration No.                     Product Name
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73782-1                                     Chloroneb Fungicide
                                             Technical
------------------------------------------------------------------------


 Table 3.--Registrant of Chloroneb Products With Termination of Certain
                        Uses and Label Amendment
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              EPA Company No.                 Company Name and Address
------------------------------------------------------------------------
73782                                       Kincaid Inc.
                                            P.O. Box 490
                                            Athens, TN 37371
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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 19, 2006 Federal Register notice announcing 
the Agency's receipt of the request for voluntary termination of 
certain uses of chloroneb and label amendments.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellation order to terminate certain uses of chloroneb registrations 
identified in Table 1 of Unit II. Accordingly, the Agency also orders 
that the label amendments for the product registration identified in 
Table 2 of Unit II is hereby amended. 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. 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 comply with the EPA-approved label and labeling 
of the product.

List of Subjects

    Environmental protection, Pesticides and pests.


[[Page 47215]]


    Dated: August 9, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E6-13343 Filed 8-15-06; 8:45 am]

BILLING CODE 6560-50-S
