[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Pages 61750-61751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24803]



[EPA-HQ-OPP-2010-0778; FRL-8847-9]

Chloroneb; Product Cancellation Order for Certain Pesticide 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: This notice announces EPA's cancellation order for products 
containing the pesticide chloroneb, pursuant to section 3 of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as 
amended. This cancellation order announces the October 31, 2010, 
expiration of certain chloroneb time-limited registrations. These are 
not the last products containing this pesticide registered for use in 
the United States. Any distribution, sale, or use of the products 
subject to this cancellation order is permitted only in accordance with 
the terms of this order, including any existing stock provisions.

DATES: The expirations occur on October 31, 2010.

FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0000; telephone number: (703) 308-8025; fax 
number: (703) 308-8005; e-mail address: livingston.wilhelmena@epa.gov.


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, 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 

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-0778. 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's telephone number is (703) 305-5805.

II. What Action Is the Agency Taking?

    This notice announces the October 31, 2010, expiration of certain 
chloroneb products registered under section 3 of FIFRA. This notice 
serves as a cancellation order to provide for existing stocks of 
affected products. These registrations are listed in sequence by 
registration number in Table 1 of this unit.

                Table 1--Chloroneb Product Cancellations
         EPA Registration No.                     Product name
73782-1...............................  Chloroneb Fungicide Technical.

[[Page 61751]]

73782-3...............................  Terraneb SP Turf Fungicide.
73782-4...............................  Terraneb SP Flowable Turf and
                                         Ornamental Fungicide.

     Table 2 of this unit includes the name and address of record for 
the registrant of the products in Table 1 of this unit, by EPA company 
number. This number corresponds to the first part of the EPA 
registration numbers of the products listed in Table 1 of this unit.

           Table 2--Registrant of Canceled Chloroneb Products
            EPA company No.                 Company name and address
73782.................................  Kincaid, Inc., P.O. Box 490,
                                         Athens, TN 37371.

III. Cancellation Order

    Pursuant to FIFRA section 3, EPA hereby announces the expiration of 
chloroneb registrations identified in Table 1 of Unit II. This 
cancellation order announces the October 31, 2010, expiration of 
certain time-limited registrations. These registrations expire on 
October 31, 2010, because the technical registrant, Kincaid, Inc., 
failed to meet the terms and conditions of registration as requested in 
correspondence dated September 26, 2005, and subsequently granted by 
the Agency. The Agency considers the expiration of a time-limited 
registration to be a cancellation under section 3 of FIFRA, for 
purposes of section 6(a)(1) of FIFRA. Any distribution, sale, or use of 
existing stocks of the canceled 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 IV., will be considered a 
violation of FIFRA.

IV. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
that are currently in the United States and 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 stock provisions.
    The registrant may continue to sell or distribute existing stocks 
of chloroneb products identified in Table 1 of Unit II. until October 
31, 2011, which is 1 year after the expiration of the time-limited 
registrations. Thereafter, the registrant is prohibited from selling or 
distributing products listed in Table 1 of Unit II., except for export 
in accordance with FIFRA section 17 or for proper disposal.
    Persons other than the registrant may continue to sell, distribute, 
or use existing stocks of canceled products until supplies are 
exhausted, provided that the sale, distribution, or use is consistent 
with the terms of the previously approved labeling on, or that 
accompanied, the canceled products.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 24, 2010.
Richard P. Keigwin, Jr.
Director, Pesticide Re-evaluation Division, Office of Pesticide 
[FR Doc. 2010-24803 Filed 10-5-10; 8:45 am]