[Federal Register: November 9, 2005 (Volume 70, Number 216)]
[Notices]
[Page 68036-68037]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no05-58]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0173; FRL-7744-6]
Phenothrin; Amendment to Terminate Use
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces EPA's order for the amendment to
terminate use, voluntarily requested by the registrant and accepted by
the Agency, of a product containing the pesticide phenothrin, pursuant
to section 6(f)(1) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended. This order follows a July 20, 2005
(corrected August 3, 2005) Federal Register Notice of Receipt of a
Request from the registrant Hartz Mountain Corporation to voluntarily
amend to terminate certain uses of their product Hartz Ref 119. The use
of this product as a spot-on for cats and kittens will be terminated.
In the July 20, 2005 Notice, EPA indicated that it would issue an order
implementing the amendment to terminate use no earlier than October 31,
2005. EPA further indicated that the request for termination of use was
irrevocable. The Agency did not receive any comments on the Notice.
Accordingly, EPA hereby issues in this Notice an order granting the
requested amendment to terminate use. Any distribution, sale, or use of
the product Hartz Ref 119 is permitted only in accordance with the
terms of this order, including any existing stocks provisions.
DATES: The order to terminate use is effective November 9, 2005.
FOR FURTHER INFORMATION CONTACT: Ann Sibold, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-6502; fax number: (703) 305-9596; e-mail address:
sibold.ann@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 an official public docket for this
action under docket identification (ID) number
[[Page 68037]]
OPP-2005-0173. The official public docket consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public docket does not include Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. The official public docket is the collection of
materials that is available for public viewing at the Public
Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA. This docket facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket 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/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments,
to access the index listing of the contents of the official public
docket, and to access those documents in the public docket that are
available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
II. What Action is the Agency Taking?
This notice announces the amendment to terminate use, as requested
by the registrant, of Hartz Ref 119, an end-use product containing
phenothrin as a spot-on to control fleas and ticks on cats and kittens,
registered under section 3 of FIFRA. This registration is listed in
Table 1 of this unit.
Table 1.--Product Registration Amendment to Terminate Use
------------------------------------------------------------------------
EPA Registration No. Product Name
------------------------------------------------------------------------
2596-151 Hartz Ref 119
------------------------------------------------------------------------
Table 2 of this unit includes the name and address of record for
the registrant of the product in Table 1 of this unit.
Table 2.--Registrant of Amended Product
------------------------------------------------------------------------
EPA Company No. Company Name and Address
------------------------------------------------------------------------
2596 The Hartz Mountain
Corporation, 400 Plaza
Drive Secaucus, NJ 07094-
3688
------------------------------------------------------------------------
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 July 20, 2005 Federal Register Notice\1\ (70 FR
41717) (FRL-7724-1) announcing the Agency's receipt of the request for
an amendment to terminate the affected use of Hartz Ref 119.
IV. Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
amendment to terminate the affected use of the Hartz Ref 119
registration identified in Table 1 of Unit II. Accordingly, the Agency
orders that the product registration identified in Table 1 of Unit II.
is hereby amended to terminate the affected use effective November 9,
2005. 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, 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
order to terminate use. The order issued in this Notice includes the
following existing stocks provisions.
Products in the United States that have been packaged, labeled, and
released for shipment prior to the effective date of the order
terminating use on cats and kittens may be sold or distributed by Hartz
from its facilities until December 31, 2005. After December 31, 2005,
Hartz may not sell or distribute product labeled for use on cats and
kittens. Products labeled for use on cats and kittens may be sold or
distributed by persons other than the registrant until March 31, 2006.
After this date, products so labeled may not be sold or distributed
unless for the purposes of proper disposal or export.
---------------------------------------------------------------------------
\1\A sentence was inadvertenly omitted from the DATES unit which
provided a 30-day public comment period. It also inadvertenly
omitted an ADDRESSES unit for the submission of comments. A
correction Notice published in the Federal Register of August 3,
2005 (70 FR 44636) (FRL-7728-8).
---------------------------------------------------------------------------
List of Subjects
Environmental protection, Pesticides and pests.
Dated: October 28, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 05-22256 Filed 11-8-05; 8:45 am]
BILLING CODE 6560-50-S