[Federal Register: April 30, 2008 (Volume 73, Number 84)]
[Notices]
[Page 23457-23459]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap08-84]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0263; FRL-8363-5]
Fenvalerate; Notice of Receipt of Requests to Voluntarily Cancel
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 requests by the registrants to voluntarily cancel
the registrations for all of their products containing 4-chloro-alpha-
(1-methylethyl)benzeneacetic acid, cyano(3-phenoxyphenyl)methyl ester
(fenvalerate). The requests would terminate the last fenvalerate
products registered for use in the United States. EPA intends to grant
these requests 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 requests, or unless
the registrants withdraw their requests within this period. Upon
acceptance of these requests, 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 30, 2008.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0263, 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
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-
2008-0263. 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 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
http://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 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 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: Wilhelmena Livingston, Special Review
and Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8025; fax
number: (703) 308-8005; e-mail address: livingston.wilhelmena @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
[[Page 23458]]
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 Cancel Registrations
This notice announces receipt by EPA of requests from Waterbury
Companies, Inc., Contact Industries, The Scotts Company, Phaeton
Corporation, and Amrep Inc. to cancel 16 product registrations.
Fenvalerate is a synthetic pyrethroid insecticide which is used to
control insects and related organisms, mollusks, fouling organisms and
miscellaneous invertebrates on agricultural, pet care, domestic home
and garden (domestic), and commercial/industrial/food and non-food/
mosquito abatement (commercial) sites. In letters dated August 29, 2007
through April 2, 2008, Waterbury Companies, Inc., Contact Industries,
The Scotts Company, Phaeton Corporation, and Amrep, Inc. requested EPA
to cancel affected product registrations of pesticide product
registrations identified in this notice in Table 1. Specifically, the
registrant's requests to cancel their product registrations to reflect
the cancellation order issued on August 5, 2004 (69 FR 47437) (FRL-
7369-9), as requested by the technical registrants, Sumitomo Chemical
Company, Limited and Bayer Environmental Science and approved by the
Agency to cancel the registrations for all of their product containing
fenvalerate. The action on the registrant's requests will terminate the
last fenvalerate products registered in the United States.
In a letter dated August 1, 2007, another registrant, Wellmark
International, submitted a request to EPA to voluntary cancel their
product registrations containing fenvalerate. The notice of receipt of
request for their product registrations was published in a Federal
Register Notice on December 19, 2007 (72 FR 71898) (FRL-8343-9).
III. What Action is the Agency Taking?
This notice announces receipt by EPA of requests from registrants
to cancel fenvalerate 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 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 fenvalerate registrants have requested that EPA waive the 180-
day comment period. EPA will provide a 30-day comment period on the
proposed requests.
Unless a request is withdrawn by a registrant within 30 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling the affected registrations.
Table 1.--Fenvalerate Product Registrations with Pending Requests for
Cancellation
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Registration Number Product Name Company
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538-166 Scotts House Plant The Scotts Company
Insect Spray
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538-173 Chinch Bug Control The Scotts Company
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9444-120 Total Release Waterbury
Fogger Companies, Inc.
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10806-61 Contact Roach and Contact Industries
Ant Killer VI
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10806-73 Contact Lawn Spray Contact Industries
Concentrate for
Fleas
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10806-74 Contact Lawn Spray Contact Industries
Concentrate for
Fleas II
10806-87 Contact Roach and Contact Industries
Ant Killer IX
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10806-93 Contact Ornamental Contact Industries
Gypsy Moth and
Japanese Beetle
Spray
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10806-94 Contact Roach and Contact Industries
Ant Killer XI
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10807-150 Misty Fire Ant Amrep, Inc.
Injector
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28293-151 Unicorn Flea and Phaeton
Tick Lawn Spray Corporation
No.1
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[[Page 23459]]
28293-159 Unicorn RTU Home Phaeton
and Premise Spray Corporation
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28293-162 Unicorn Zap Phaeton
Insecticide Corporation
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28293-163 Unicorn Flush-Out Phaeton
Spray Corporation
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28293-164 Unicorn Household Phaeton
Insecticide II Corporation
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28293-217 Unicorn Residual Phaeton
Spray 4 Corporation
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Table 2 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 of this unit.
Table 2 --Registrants Requesting Voluntary Cancellation
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EPA Company Number Company Name and Address
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538 The Scotts Company
14111 Scottslawn Road
Marysville, Ohio 43041
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9444 Waterbury Companies, Inc.
64 Avenue of Industry
Waterbury, Connecticut 06705
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10806 Contact Industries
641 Dowd Avenue
Elizabeth, NJ 07201
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10807 Amrep, Inc.
990 Industrial Park Drive
Marietta, Georgia 30062
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28293 Phaeton Corporation
P.O. Box 290
Madison, Georgia 30650
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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 Fenvalerate
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 May 30, 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 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 the request for cancellation of
product registrations, EPA proposes to include the following provisions
for the treatment of any existing stocks of the products identified or
referenced in Table 1 of Unit III.: Registrants may sell and distribute
existing stocks for 1 year from the date of the use termination
request. The products 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 cancellation is granted, the Agency
intends to publish the cancellation order in the Federal Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: April 24, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-9511 Filed 4-29-08; 8:45 am]
BILLING CODE 6560-50-S