Fenvalerate; Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations, 23457-23459 [E8-9511]

Download as PDF Federal Register / Vol. 73, No. 84 / Wednesday, April 30, 2008 / Notices their results in peer reviewed journals. This meeting is closed to the public because it is concerned with selecting which employees are deserving of awards, a personnel matter with privacy concerns, which is exempt from public disclosure pursuant to section 10(d) of the Federal Advisory Committee Act (FACA), 5 U.S.C. App.2, and section (c)(6) of the Government in the Sunshine Act, 5 U.S.C. 552b(c)(6). In accordance with the provisions of the Federal Advisory Committee Act, minutes of the meeting will be kept for Agency and Congressional review. Dated: April 16, 2008. Stephen L. Johnson, Administrator. [FR Doc. E8–9480 Filed 4–29–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2008–0263; FRL–8363–5] Fenvalerate; Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: 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-(1methylethyl)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: https://www.regulations.gov. Follow the rwilkins on PROD1PC63 with NOTICES SUMMARY: VerDate Aug<31>2005 17:09 Apr 29, 2008 Jkt 214001 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 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 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 23457 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: 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 E:\FR\FM\30APN1.SGM 30APN1 23458 Federal Register / Vol. 73, No. 84 / Wednesday, April 30, 2008 / Notices rwilkins on PROD1PC63 with NOTICES 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 VerDate Aug<31>2005 17:09 Apr 29, 2008 Jkt 214001 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). TABLE 1.—FENVALERATE PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION Registration Number Product Name Company 538–166 Scotts House Plant Insect Spray The Scotts Company 538–173 Chinch Bug Control The Scotts Company 9444–120 Total Release Fogger Waterbury Companies, Inc. 10806–61 Contact Roach and Ant Killer VI Contact Industries 10806–73 Contact Lawn Spray Concentrate for Fleas Contact Industries 10806–74 Contact Lawn Spray Concentrate for Fleas II Contact Roach and Ant Killer IX Contact Industries 10806–93 Contact Ornamental Gypsy Moth and Japanese Beetle Spray Contact Industries 10806–94 Contact Roach and Ant Killer XI Contact Industries 10807–150 Misty Fire Ant Injector Amrep, Inc. 28293–151 Unicorn Flea and Tick Lawn Spray No.1 Phaeton Corporation 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. PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 10806–87 E:\FR\FM\30APN1.SGM 30APN1 Contact Industries Federal Register / Vol. 73, No. 84 / Wednesday, April 30, 2008 / Notices TABLE 1.—FENVALERATE PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued Registration Number 28293–159 28293–162 28293–163 28293–164 28293–217 Product Name Company Unicorn RTU Home and Premise Spray Phaeton Corporation Unicorn FlushOut Spray Phaeton Corporation Unicorn Household Insecticide II Phaeton Corporation Unicorn Residual Spray #4 Phaeton Corporation TABLE 2 —REGISTRANTS REQUESTING VOLUNTARY CANCELLATION EPA Company Number Company Name and Address The Scotts Company 14111 Scottslawn Road Marysville, Ohio 43041 Waterbury Companies, Inc. 64 Avenue of Industry Waterbury, Connecticut 06705 10806 rwilkins on PROD1PC63 with NOTICES 9444 Contact Industries 641 Dowd Avenue Elizabeth, NJ 07201 10807 Amrep, Inc. 990 Industrial Park Drive Marietta, Georgia 30062 VerDate Aug<31>2005 EPA Company Number 28293 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. 538 TABLE 2 —REGISTRANTS REQUESTING complies with the EPA-approved label VOLUNTARY CANCELLATION—Con- and labeling of the product. If the request for voluntary tinued Phaeton Corporation Unicorn Zap Insecticide 17:09 Apr 29, 2008 Jkt 214001 23459 Company Name and Address Phaeton Corporation P.O. Box 290 Madison, Georgia 30650 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 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 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 a.m.] BILLING CODE 6560–50–S FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget April 23, 2008. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, 44 U.S.C. 3501— 3520. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act (PRA) comments should be submitted on or before May 30, 2008. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. E:\FR\FM\30APN1.SGM 30APN1

Agencies

[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
[Notices]
[Pages 23457-23459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9511]


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

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.

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

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: 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-
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 
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: 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
------------------------------------------------------------------------
       Registration Number           Product Name           Company
------------------------------------------------------------------------
538-166                           Scotts House Plant  The Scotts Company
                                   Insect Spray
------------------------------------------------------------------------
538-173                           Chinch Bug Control  The Scotts Company
------------------------------------------------------------------------
9444-120                          Total Release       Waterbury
                                   Fogger              Companies, Inc.
------------------------------------------------------------------------
10806-61                          Contact Roach and   Contact Industries
                                   Ant Killer VI
------------------------------------------------------------------------
10806-73                          Contact Lawn Spray  Contact Industries
                                   Concentrate for
                                   Fleas
------------------------------------------------------------------------
10806-74                          Contact Lawn Spray  Contact Industries
                                   Concentrate for
                                   Fleas II
10806-87                          Contact Roach and   Contact Industries
                                   Ant Killer IX
------------------------------------------------------------------------
10806-93                          Contact Ornamental  Contact Industries
                                   Gypsy Moth and
                                   Japanese Beetle
                                   Spray
------------------------------------------------------------------------
10806-94                          Contact Roach and   Contact Industries
                                   Ant Killer XI
------------------------------------------------------------------------
10807-150                         Misty Fire Ant      Amrep, Inc.
                                   Injector
------------------------------------------------------------------------
28293-151                         Unicorn Flea and    Phaeton
                                   Tick Lawn Spray     Corporation
                                   No.1
------------------------------------------------------------------------

[[Page 23459]]

 
28293-159                         Unicorn RTU Home    Phaeton
                                   and Premise Spray   Corporation
------------------------------------------------------------------------
28293-162                         Unicorn Zap         Phaeton
                                   Insecticide         Corporation
------------------------------------------------------------------------
28293-163                         Unicorn Flush-Out   Phaeton
                                   Spray               Corporation
------------------------------------------------------------------------
28293-164                         Unicorn Household   Phaeton
                                   Insecticide II      Corporation
------------------------------------------------------------------------
28293-217                         Unicorn Residual    Phaeton
                                   Spray 4    Corporation
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
538                                         The Scotts Company
                                            14111 Scottslawn Road
                                            Marysville, Ohio 43041
------------------------------------------------------------------------
9444                                        Waterbury Companies, Inc.
                                            64 Avenue of Industry
                                            Waterbury, Connecticut 06705
------------------------------------------------------------------------
10806                                       Contact Industries
                                            641 Dowd Avenue
                                            Elizabeth, NJ 07201
------------------------------------------------------------------------
10807                                       Amrep, Inc.
                                            990 Industrial Park Drive
                                            Marietta, Georgia 30062
------------------------------------------------------------------------
28293                                       Phaeton Corporation
                                            P.O. Box 290
                                            Madison, Georgia 30650
------------------------------------------------------------------------

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 a.m.]
BILLING CODE 6560-50-S