

[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Notices]               
[Page 62847-62848]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no07-45]                         


[[Page 62847]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0369; FRL-8154-7]

 
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 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 a May 25, 2007 Federal Register Notice of Receipt of 
Request from the chloroneb registrant to voluntarily terminate certain 
uses of their chloroneb product registrations. The request would 
terminate chloroneb's use as a seed treatment. These are not the last 
chloroneb products registered for use in the United States. In the May 
25, 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 
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 requested termination of use as a seed 
treatment. 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 November 7, 2007.

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 use as a 
seed treatment, as requested by the registrant, of chloroneb products 
registered under section 3 of FIFRA. Chloroneb is a fungicide currently 
registered for use as a pre-plant seed treatment for cotton, 
sugarbeets, soy beans, and beans. It is also registered on commercial 
turf and ornamentals. 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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73782-1                                     Chloroneb Fungicide
                                             Technical
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73782-2                                     Demosan 65W
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73782-3                                     Terrameb SP Turf Fungicide
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73782-4                                     K. E. Chloroneb Systemic
                                             Flowable Fungicide
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
all registrants of the products in Table 1 of this unit, in sequence by 
EPA company number.

 Table 2.--Registrant of Chloroneb Products with Termination of Certain
                                  Uses
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          EPA Registration Number                   Product Name
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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 May 25, 2007 Federal Register notice announcing the 
Agency's receipt of the request 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,

[[Page 62848]]

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: October 31, 2007.
 Steven Bradbury,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E7-21789 Filed 11-6-07; 8:45 am]

BILLING CODE 6560-50-S
