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