Triadimefon; Notice of Receipt of Request to Voluntarily Cancel Certain Pesticide Registrations, 20640-20642 [E8-7996]

Download as PDF jlentini on PROD1PC65 with NOTICES 20640 Federal Register / Vol. 73, No. 74 / Wednesday, April 16, 2008 / Notices could be present in formulations of pentachlorophenol. Indoor applications of pentachlorophenol are prohibited in accordance with the restrictions indicated in the U.S.EPA Position Document 4 for Wood Preservative Pesticides: Creosote, Pentachlorophenol and Inorganic Arsenicals (1984, amended 1986). The use of pentachlorophenol to treat wood intended for use in interiors is prohibited, except for a few low exposure uses (i.e., those support structures which are in contact with the soil in barns, stables, and similar sites and are subject to decay or insect infestation). Pentachlorophenol is a restricted use pesticide for sale and use by certified applicators only. There are currently eight active products registered that contain pentachlorophenol (Chemical Code 063001). There are approximately 60 million utility-owned wood poles and 54 million crossarms in service across the United States that have been treated with wood preservatives (mainly pentaclorophenol and creosote). Approximately 36 million of the wood poles in service have been treated with pentachlorophenol, and approximately 96% of the crossarms in service were treated. An estimated 3% of the treated poles are replaced annually with freshly treated poles. EPA is providing an opportunity, through this notice, for interested parties to provide risk management proposals or otherwise comment on risk management for pentachlorophenol and its micro-contaminants. Risks of concern associated with the use of pentachlorophenol are long-term dermal non-cancer risks for the pressure treatment operator mixing/loading/ applying the liquid formulations and for the pressure treatment assistant mixing/ loading/applying the liquid and the crystalline formulations. Dermal noncancer risks of concern range from a MOE of 79 to a MOE of 230 with the target MOE of 300. Estimated cancer risks for handlers are of concern for the same 3 scenarios with cancer risks ranging from 4.9E 4 to 7.9E 5. Estimated cancer risks resulting from exposure to pentachlorophenols microcontaminants dioxins/furans exceed the level of concern for the pressure treatment loader operator, pressure treatment test borer, general helpers, and electrical utility linemen. Cancer risks of concern range from 3.0E 5 to 8.0E 5 for these scenarios. In targeting these risks of concern, the Agency is soliciting information on effective and practical risk reduction measures. VerDate Aug<31>2005 17:19 Apr 15, 2008 Jkt 214001 EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency’s Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the Federal Register on May 14, 2004, (69 FR 26819) (FRL–7357–9) explains that in conducting these programs, EPA is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. Due to its uses, risks, and other factors, pentachlorophenol is being reviewed through the full 6–Phase public participation process. All comments should be submitted using the methods in ADDRESSES, and must be received by EPA on or before the closing date. Comments and proposals will become part of the Agency Docket for pentachlorophenol. Comments received after the close of the comment period will be marked ‘‘late’’. EPA is not required to consider these late comments. After considering comments received, EPA will develop and issue the pentachlorophenol RED. B. What is the Agency’s Authority for Taking this Action? Section 4(g)(2) of FIFRA, as amended, directs that, after submission of all data concerning a pesticide active ingredient, ‘‘the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration,’’ before calling in product specific data on individual end-use products and either reregistering products or taking other ‘‘appropriate regulatory action.’’ List of Subjects Environmental protection, Pesticides and pests, Antimicrobials, Pentachlorophenol, Penta. Dated: April 8, 2008. Frank Sanders, Director, Antimicrobial Division, Office of Pesticide Programs. [FR Doc. E8–8174 Filed 4–15–08; 8:45 am] BILLING CODE 6560–50–S PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2005–0258; FRL–8361–1] Triadimefon; Notice of Receipt of Request to Voluntarily Cancel Certain Pesticide Registrations Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: 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 by the registrant to voluntarily cancel its registration for a product containing the pesticide triadimefon (EPA Registration No. 432–1294). The request would not terminate the last triadimefon product registered for use in the United States. 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 its 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 16, 2008. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2005–0258 by one of the following methods: • Federal eRulemaking Portal: https:// 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–2005– 0258. EPA’s policy is that all comments received will be included in the docket without change and may be made E:\FR\FM\16APN1.SGM 16APN1 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 73, No. 74 / Wednesday, April 16, 2008 / Notices available on-line at https:// 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 email. 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 https:// 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 https:// 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: John W. Pates, Jr., Special Review and Reregistration Division (7508P), Office VerDate Aug<31>2005 17:19 Apr 15, 2008 Jkt 214001 of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (703) 3088195; fax number: (703) 305-5290; email address: pates.john@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 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 20641 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 Request to Cancel Registrations This notice announces receipt by EPA of a request from a registrant, Bayer Environmental Science, to cancel the product Bayleton 50 Turf and Ornamental Fungicide in WSP and (Bayleton 50 WP Fungicide) (EPA Registration No. 432–1294). The request will not terminate the last triadimefon products registered in the United States. III. What Action is the Agency Taking? This notice announces receipt by EPA of a request from a registrant to cancel a triadimefon product registration. The affected product and the registrant making the request 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 registrant requests 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 triadimefon registrant has requested that EPA waive the 180–day comment period. EPA will provide a 30–day comment period on the proposed request. Unless the request is withdrawn by the registrant within 30 days of publication of this notice, or the Agency determines that there are substantive comments that warrant further review of this request, an order will be issued canceling the affected registration. E:\FR\FM\16APN1.SGM 16APN1 20642 Federal Register / Vol. 73, No. 74 / Wednesday, April 16, 2008 / Notices cancellation action, the effective date of TABLE 1.—TRIADIMEFON PRODUCT REGISTRATION WITH PENDING RE- cancellation and all other provisions of any earlier cancellation action are QUEST FOR CANCELLATION controlling. Registration Number Product Name 432-1294 Bayleton 50 Turf and Ornamental Fungicide in WSP and Bayleton 50 WP Fungicide Company VI. Provisions for Disposition of Existing Stocks Bayer Environmental Science Table 2 of this unit includes the name and address of record for the registrant of the product listed in Table 1 of this unit. TABLE 2.—REGISTRANT REQUESTING VOLUNTARY CANCELLATION EPA Company Number 432 Company Name and Address Bayer Environmental Science 2 T.W. Alexander Drive Research Triangle Park, NC 27709 jlentini on PROD1PC65 with NOTICES 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 triadimefon 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 16, 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(s) have been subject to a previous 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. In any order issued in response to this request for cancellation 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 or 2 in Unit III., as follows: Typically the Agency will permit a registrant to sell and distribute existing stocks for 1 year after the date the cancellation request was received. Such policy is in accordance with the Agency’s statement of policy as set forth in the Federal Register of June 26, 1991 (56 FR 29362) (FRL–3846–4). However, in this case, because the registrant has provided information to the Agency that it is not likely that any remaining existing stocks are out in the channels of trade, the Agency does not believe that there is a need to permit the registrant to sell or distribute existing stocks for a period of one year. In addition, the Agency does not believe that there is a need for persons other than the registrant to continue to sell and/or use existing stocks of canceled products. The Agency believes that end users have had sufficient time to exhaust those existing stocks. Therefore, the last date for end use of the product will be effective on the date of publication of the cancellation order in the Federal Register. If the request for voluntary cancellation is granted, the Agency intends to publish the cancellation order in the Federal Register. If the Agency receives comment that the final cancellation order should contain existing stocks provisions different than the ones just described, the Agency will consider the comments. If needed, the Agency will make any changes to the existing stocks provisions in the cancellation order in the Federal Register. List of Subjects Environmental protection, Pesticides and pests. VerDate Aug<31>2005 17:19 Apr 15, 2008 Jkt 214001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 Dated: April 9, 2008. Peter Caulkins, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E8–7996 Filed 4–15–08; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2008–0195; FRL–8358–5] Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: 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 request by registrants to voluntarily cancel certain pesticide registrations. Unless a request is withdrawn by October 14, 2008 or May 16, 2008 for registrations for which the registrant requested a waiver of the 180–day comment period, orders will be issued canceling these registrations. The Agency will consider withdrawal requests postmarked no later than October 14, 2008 or May 16, 2008, whichever is applicable. Comments must be received on or before October 14, 2008 or May 16, 2008, for those registrations where the 180–day comment period has been waived. ADDRESSES: Submit your comments and your withdrawal request, identified by docket identification (ID) number EPA– HQ–OPP–2008–0195, by one of the following methods: • Federal eRulemaking Portal: https:// 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. Written Withdrawal Request, Attention: John Jamula, Information Technology and Resources Management Division (7502P). • 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 DATES: E:\FR\FM\16APN1.SGM 16APN1

Agencies

[Federal Register Volume 73, Number 74 (Wednesday, April 16, 2008)]
[Notices]
[Pages 20640-20642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7996]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0258; FRL-8361-1]


Triadimefon; Notice of Receipt of Request to Voluntarily Cancel 
Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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 by the registrant to voluntarily cancel 
its registration for a product containing the pesticide triadimefon 
(EPA Registration No. 432-1294). The request would not terminate the 
last triadimefon product registered for use in the United States. 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 its 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 16, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0258 by one of the following methods:
     Federal eRulemaking Portal: https://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-
2005-0258. EPA's policy is that all comments received will be included 
in the docket without change and may be made

[[Page 20641]]

available on-line at https://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 
https://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 https://
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: John W. Pates, Jr., Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8195; fax 
number: (703) 305-5290; e-mail address: pates.john@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 Request to Cancel Registrations

    This notice announces receipt by EPA of a request from a 
registrant, Bayer Environmental Science, to cancel the product Bayleton 
50 Turf and Ornamental Fungicide in WSP and (Bayleton 50 WP Fungicide) 
(EPA Registration No. 432-1294). The request will not terminate the 
last triadimefon products registered in the United States.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from a registrant 
to cancel a triadimefon product registration. The affected product and 
the registrant making the request 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 registrant requests 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 triadimefon registrant has requested that EPA waive the 180-day 
comment period. EPA will provide a 30-day comment period on the 
proposed request.
    Unless the request is withdrawn by the registrant within 30 days of 
publication of this notice, or the Agency determines that there are 
substantive comments that warrant further review of this request, an 
order will be issued canceling the affected registration.

[[Page 20642]]



   Table 1.--Triadimefon Product Registration with Pending Request for
                              Cancellation
------------------------------------------------------------------------
       Registration Number           Product Name           Company
------------------------------------------------------------------------
432-1294                          Bayleton 50 Turf    Bayer
                                   and Ornamental      Environmental
                                   Fungicide in WSP    Science
                                   and Bayleton 50
                                   WP Fungicide
------------------------------------------------------------------------

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

         Table 2.--Registrant Requesting Voluntary Cancellation
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
432                                         Bayer Environmental Science
                                            2 T.W. Alexander Drive
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------

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 triadimefon

    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 16, 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(s) 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 
cancellation action.
    In any order issued in response to this request for cancellation 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 or 2 in Unit III., as follows:
    Typically the Agency will permit a registrant to sell and 
distribute existing stocks for 1 year after the date the cancellation 
request was received. Such policy is in accordance with the Agency's 
statement of policy as set forth in the Federal Register of June 26, 
1991 (56 FR 29362) (FRL-3846-4). However, in this case, because the 
registrant has provided information to the Agency that it is not likely 
that any remaining existing stocks are out in the channels of trade, 
the Agency does not believe that there is a need to permit the 
registrant to sell or distribute existing stocks for a period of one 
year. In addition, the Agency does not believe that there is a need for 
persons other than the registrant to continue to sell and/or use 
existing stocks of canceled products. The Agency believes that end 
users have had sufficient time to exhaust those existing stocks. 
Therefore, the last date for end use of the product will be effective 
on the date of publication of the cancellation order in the Federal 
Register.
    If the request for voluntary cancellation is granted, the Agency 
intends to publish the cancellation order in the Federal Register. If 
the Agency receives comment that the final cancellation order should 
contain existing stocks provisions different than the ones just 
described, the Agency will consider the comments. If needed, the Agency 
will make any changes to the existing stocks provisions in the 
cancellation order in the Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 9, 2008.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E8-7996 Filed 4-15-08; 8:45 am]
BILLING CODE 6560-50-S
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.