

[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Notices]               
[Page 73807-73809]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de07-87]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0369; FRL-8343-3]

 
Chloroneb; Notice of Receipt of Requests to Voluntarily Terminate 
Certain Uses of Pesticide Registrations

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 requests by the registrants to voluntarily 
terminate certain uses of its products containing the pesticide 
chloroneb. The requests would terminate chloroneb's use on residential 
lawns and turf, as well as on lawns and turf at parks and schools. The 
requests would not terminate the last chloroneb products registered for 
use in the United States. EPA intends to grant these requests at the 
close of the comment period for this announcement unless the Agency 
receives substantive comments within the comment period that would 
merit its further review of the requests, or unless the registrants 
withdraw their requests within this period. Upon acceptance of these 
requests, 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 January 28, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID)

[[Page 73808]]

number EPA-HQ-OPP-2004-0369, 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 (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., 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 Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2004-0369. 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 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 
available in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 

Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov 
website to view the docket index or access available documents. 
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 either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the 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.

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. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through 
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 ID number and other identifying 
information (subject heading, Federal Register date and page number).
     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 Amend Registrations to 
Delete Uses

    This notice announces receipt by EPA of requests from registrants, 
The Andersons Lawn and Fertilizer Division, Inc., and PBI/Gordon 
Corporation to terminate certain uses of three chloroneb product 
registrations. Chloroneb is a fungicide currently registered for use on 
commercial turf (golf course tees, greens, collars, aprons, and spot 
treatment on fairways, as well as athletic fields used only by 
professional athletes), and ornamentals. In letters dated January 19, 
2007, and January 3, 2007, The Andersons Lawn and Fertilizer Division, 
Inc., and PBI/Gordon Corporation requested EPA to terminate certain 
uses of pesticide product registrations identified in Table 1 of Unit 
III. Specifically, the registrants' requests to revise their labels to 
reflect the cancellation order published in the Federal Register issue 
of August 16, 2006 (71 FR 47213) (FRL-8083-2), as requested by the 
technical registrant, Kincaid Inc., and accepted by the

[[Page 73809]]

Agency to terminate the use of chloroneb on residential lawns and turf, 
as well as on lawns and turf of parks and schools. The action on the 
registrants' requests will not terminate the last chloroneb products 
registered in the United States.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of requests from registrants 
to terminate certain uses of chloroneb product registrations. The 
affected products and the registrants making the requests are 
identified in Tables 1 and 2 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 registrants have requested that EPA waive the 180-day 
comment period. EPA will provide a 30-day comment period on the 
proposed requests.
    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, or if the Agency determines that there are 
substantive comments that warrant further review of this request, an 
order will be issued terminating the affected registrations.

   Table 1.--Chloroneb Product Registrations with Pending Requests for
                       Termination of Certain Uses
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       Registration Number           Product Name           Company
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2217-692                          Teremec SP Turf     PBI/Gordon
                                   Fungicide           Corporation
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9198-182                          Proturf Fungicide   The Andersons Lawn
                                   II                  Fertilizer
                                                       Division, Inc.
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9198-204                          9198-182            The Andersons Lawn
                                                       Fertilizer
                                                       Division, Inc.
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    Table 2 of this unit includes the names and addresses of record for 
the registrants of the products listed in Table 1 of this unit.

 Table 2.--Registrants Requesting Voluntary 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 12\th\ St.
                                            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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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 January 28, 2008. 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.
    In any order issued in response to these requests for termination 
of certain uses of a product registration, the Agency proposes to 
include the following provisions for the treatment of any existing 
stocks of the products identified or referenced in Table 2 of Unit 
III.: Registrants may sell and distribute existing stocks for 1 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: December 13, 2007.
Steve Bradbury,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E7-25101 Filed 12-27-07; 8:45 am]

BILLING CODE 6560-50-S
