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Chloroneb; Notice of Receipt of Request to Voluntarily Terminate Certain Uses of Pesticide Registrations and Request for Label Amendments
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[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]
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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
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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.
[[Page 20095]]
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