[Federal Register: June 30, 2006 (Volume 71, Number 126)]
[Notices]
[Page 37570-37573]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn06-72]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2002-0302;FRL-8075-2]
Dichlorvos (DDVP); Notice of Receipt of Request to Amend to
Terminate Uses of Certain 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 a request by the registrant to amend
their registrations to terminate uses of certain products containing
the pesticide DDVP. The request would terminate DDVP use in or on:
Mushroom house (hand held fogger); Greenhouse (hand held fogger);
Warehouse (hand held fogger); Residential Crack and Crevice use;
Residential Total Release Fogger; Lawn, Turf and Ornamentals; 21 gram
Pest Strip; 65 gram Pest Strip; 80 gram Pest Strip; and 100 gram Pest
Strip. The request would not terminate the last DDVP products
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. In addition, EPA will
not approve the request as to the 21 gram, 65 gram, or 80 gram pest
strips prior to EPA approving the replacement registrations,
[[Page 37571]]
per the registrant's May 9, 2006 letter to EPA. 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 July 31, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2002-0302, 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
Building), 2777 S. Crystal Drive, 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.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2002-0302. 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 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
Building), 2777 S. Crystal Drive, 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 telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Dayton Eckerson, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8038; fax
number: (703) 308-8005; e-mail address: eckerson.dayton@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 a request from registrant
Amvac Chemical Corporation to amend to terminate uses of DDVP product
registrations. DDVP is an organophosphate insecticide and fumigant
registered for use in controlling flies, mosquitoes, gnats,
cockroaches, fleas, and other insect pests. Formulations of DDVP
include pressurized liquid, granular, emulsifiable concentrate, total
release aerosol, and impregnated material. DDVP is applied with
aerosols and fogging equipment, with ground spray equipment, and
through slow release from impregnated materials, such as resin strips
and pet collars. DDVP is registered to control insect pests on
agricultural sites; commercial, institutional and industrial sites; and
for domestic use in and around homes (i.e.,
[[Page 37572]]
resin strips) and on pets. DDVP is used preplant in mushroom houses,
and postharvest in storage areas for bulk, packaged and bagged raw and
processed agricultural commodities, food manufacturing/processing
plants, animal premises, and non-food areas of food-handling
establishments. It is also registered for direct dermal pour-on
treatment of cattle and poultry, and swine. DDVP is not registered for
direct use on any field grown commodities. In a letter dated May 9,
2006, Amvac Chemical Corporation requested EPA to amend to terminate
uses of pesticide product registrations identified in this notice
(Table 1). Specifically, the request would terminate DDVP use in or on:
Mushroom house (hand held fogger); Greenhouse (hand held fogger);
Warehouse (hand held fogger); Residential Crack and Crevice use;
Residential Total Release Fogger; Lawn, Turf and Ornamentals; 21 gram
Pest Strip; 65 gram Pest Strip; 80 gram Pest Strip; and 100 gram Pest
Strip. The request would not terminate the last DDVP products
registered for use in the U.S.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from a registrant
to amend to terminate uses of DDVP 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 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 DDVP registrant has requested that EPA waive the 180-day
comment period. EPA will provide a 30-day comment period on the
proposed requests.
Unless the Agency determines that there are substantive comments
that warrant further review of this request, an order will be issued
amending the affected registrations. However, EPA will not approve the
request as to the 21 gram, 65 gram, or 80 gram pest strips prior to EPA
approving the replacement registrations, per the registrant's May 9,
2006 letter to EPA.
Table 1.--DDVP Product Registrations with Pending Requests for Amendment
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Registration No. Product name Company
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5481-96 DDVP TECHNICAL Amvac Chemical
GRADE Corporation
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5481-338 ALCO NO-PEST STRIP Amvac Chemical
Corporation
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5481-344 AMVAC INSECT STRIP Amvac Chemical
Corporation
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5481-348 ALCO PEST STRIP Amvac Chemical
Corporation
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5481-461 AMVOS RESTECH Amvac Chemical
Corporation
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5481-462 AMVOS LIQUITECH Amvac Chemical
Corporation
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Table 2 of this unit includes the name and address of record for
the registrant of the products listed in Table 1 of this unit.
Table 2.--Registrant Requesting Voluntary Amendments
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EPA Company No. Company Name and Address
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5481 Amvac Chemical Corporation,
4695 MacArthur Court, Suite
1250, Newport Beach, CA
92660
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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. 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 amendments to
terminate uses, the Agency proposes to include the following provisions
for the treatment of any existing stocks of the pest strip products
identified or referenced in Table 1: Amvac's request for voluntary
deletion of pest strip uses is conditioned upon EPA issuing a
cancellation order that will not prevent any sale or distribution of
product to any end use registrant or supplemental distributor
(``Distributor'') bearing previously approving labeling before December
31, 2007, and will not prevent any sale or distribution of such product
by retailers. Amvac's request is further conditioned upon EPA allowing
the sale or distribution of such product by Distributors after that
date if such sale or distribution is for purposes of (i) return of
material to Amvac, (ii) proper disposal, or (iii) export consistent
with the requirements of section 17 of FIFRA.
However, with respect to the following uses:
Mushroom house (hand held fogger);
Greenhouse (hand held fogger);
Warehouse (hand held fogger);
Residential Crack and Crevice use;
Residential Total Release Fogger; and
Lawn, Turf and Ornamentals.
The Agency proposes to include the following provisions for the
treatment of any existing stocks: The distribution, sale or use of any
existing stocks of such products will not be permitted, except the EPA
intends to allow the sale or distribution for purposes of (i) return of
[[Page 37573]]
material to Amvac, (ii) proper disposal, or (iii) export consistent
with the requirements of section 17 of FIFRA.
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: June 23, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 06-5893 Filed 6-29-06; 8:45 am]
BILLING CODE 6560-50-S