[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Notices]
[Pages 47437-47439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17881]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0201; FRL-7369-5]


Fenvalerate; Cancellation Order

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, on December 23, 
2003, the Agency issued a Cancellation Order announcing its approval of 
the requests submitted by Sumitomo Chemical Company, Limited and Bayer 
Environmental Science to voluntarily cancel the registrations for all 
of their products containing 4-chloro-alpha-(1-
methylethyl)benzeneacetic acid, cyano(3-phenoxyphenyl)methyl ester 
(fenvalerate). Any distribution, sale or use of the products subject to 
this cancellation order is only permitted in accordance with the terms 
of the existing stocks provisions of this cancellation order.

FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston; Special Review 
and Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8025; fax 
number: (703) 308-8041; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. Although this 
action may be of particular interest to persons who produce or use 
pesticides, 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 information in this notice, consult the person listed 
under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number

[[Page 47438]]

OPP-2004-0201. The official public docket consists of the documents 
specifically referenced in this action, any public comments received 
and other information related to this action. Although a part of the 
official docket, the public docket does not include Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. The official public docket is the collection of 
materials that is available for public viewing at the Public 
Information and Records Integrity Branch (PIRIB), Room 119, Crystal 
Mall 2, 1801 S. Bell St., Arlington, VA 22202-4501. This 
docket facility is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The docket telephone number is (703) 
305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, access those documents in the public docket that are 
available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.

II. What Action is the Agency Taking?

    This notice announces that EPA approved the Cancellation Order 
requests from Sumitomo Chemical Company, Limited and Bayer 
Environmental Science to cancel the registrations of three pesticide 
products registered under section 3 of the FIFRA. These three 
registrations constitute all registrations held by Sumitomo Chemical 
Company, Limited and Bayer Environmental Science of products containing 
4-chloro-alpha-(1-methylethyl)benzeneacetic acid, cyano(3-
phenoxyphenyl)methyl ester (fenvalerate).
    On March 27, 2003, Sumitomo Chemical Company, Limited, and on April 
1, 2003, Bayer Environmental Science submitted a letter to the Agency 
requesting voluntary cancellation of their fenvalerate technical 
registrations. This order follows up a Federal Register Notice of July 
11, 2003 (68 FR 41343) (FRL-7315-5), announcing receipt of written 
requests from Sumitomo and Bayer to voluntarily cancel their 
fenvalerate product registrations. Sumitomo and Bayer also requested 
that the Administrator waive the 180-day waiting period under FIFRA 
section 6(f)(1)(C)(ii). Fenvalerate is a synthetic pyrethroid 
insecticide which is used to control insects and related organisms, 
molluscs, 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.
    No comments were received during the 30-day comment period, so 
therefore, EPA has decided to accept the voluntary cancellation 
requests. Accordingly, on December 23, 2003, the Agency issued an order 
canceling the three registrations identified in Table 1.

              Table 1.--Approved Registration Cancellations
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        Registration No.             Product Name        Chemical Name
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432-766                           Technical           Fenvalerate
                                   Fenvalerate
                                   Insecticide
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1432-767                          Gold Crest Tribute  Fenvalerate
                                   Termiticide/
                                   Insecticide
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10308-13                          Technical           Fenvalerate
                                   Sumicidin
                                   Insecticide
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrants of the products in Table 1 of this unit.

         Table 2.--Registrants Requesting Voluntary Cancellation
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              EPA Company No.                 Company Name and Address
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432                                         Bayer Environmental Science
                                            95 Chestnut Ridge Road
                                            Montvale, NJ 07645
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10308                                       Sumitomo Chemical Company,
                                             Limited
                                            5-33 Kitahama 4-Chome, Chuo-
                                             ku
                                            Osaka, 541, Japan
------------------------------------------------------------------------

III. Cancellation Order

    Pursuant to section 6(f) of FIFRA, EPA hereby approved the 
requested cancellations of fenvalerate product registrations identified 
in Table 1 of this notice. Accordingly, the Agency ordered that the 
fenvalerate product registrations identified in Table 1 were hereby 
canceled as of December 23, 2003.

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. 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, the Administrator may approve such 
a request.

V. What Comments did the Agency Receive?

    EPA did not receive any comments on the voluntary cancellation 
requests for the fenvalerate products during the comment period.

VI. Provisions for Disposition of Existing Stocks

    For purposes of this Cancellation Order, the term ``existing 
stocks'' is defined, pursuant to EPA's existing stocks policy (56 FR 
29362, June 26, 1991), as those stocks of a registered pesticide 
product which are currently in the United States and which have been 
packaged, labeled and released for shipment prior to the effective date 
of the cancellation. The existing stocks provisions of the Cancellation 
Order are as follows:
    The orders affecting these requested cancellations permit a 
registrant to sell or distribute existing stocks for 1 year after the 
date the cancellation was requested. Sumitomo Chemical Company, Limited 
was not able to sell or distribute exiting stocks after March 27, 2004, 
and Bayer Environmental Science was not able to sell or distribute 
exiting stocks after April 1, 2004, which marks 1 year after the date 
the cancellation was requested. The product

[[Page 47439]]

may be sold, distributed, and used by others until existing stocks have 
been exhausted, provided that such sale and use comply with the EPA-
approved label and labeling of the effective product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: July 26, 2004.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 04-17881 Filed 8-4-04; 8:45 am]
 BILLING CODE 6560-50-S