[Federal Register Volume 70, Number 213 (Friday, November 4, 2005)]
[Notices]
[Pages 67171-67172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22039]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0144; FRL-7744-5]


Phenothrin and s-Methoprene; Product Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellation, 
voluntarily requested by the registrant and accepted by the Agency, of 
a product containing the pesticides phenothrin and s-methoprene, 
pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), as amended. This cancellation order follows a 
July 15, 2005 (corrected August 3, 2005) Federal Register Notice of 
Receipt of a Request from the registrant Hartz Mountain Corporation to 
voluntarily cancel their product Hartz Ref 117, a product labeled for 
use as a spot-on for cats and kittens. In the July 15, 2005 Notice, EPA 
indicated that it would issue an order implementing the cancellation no 
earlier than October 31, 2005. EPA further indicated that the request 
for cancellation was irrevocable. The Agency did not receive any 
comments on the Notice during the 30-day comment period. Accordingly, 
EPA hereby issues in this Notice a cancellation order granting the 
requested cancellation. Any distribution, sale, or use of the product 
Hartz Ref 117 is permitted only in accordance with the terms of this 
order, including any existing stocks provisions.

DATES: The cancellation is effective November 4, 2005.

FOR FURTHER INFORMATION CONTACT: Ann Sibold, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number:

[[Page 67172]]

(703) 305-6502; fax number: (703) 305-6596; 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, 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. 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 OPP-2005-0144. 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), Rm. 119, Crystal Mall 2, 
1801 S. Bell St., Arlington, VA. 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 view public comments, 
access the index listing of the contents of the official public docket, 
and to 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 the cancellation, as requested by the 
registrant, of Hartz Ref 117, an end-use product containing phenothrin 
and s-methoprene, labeled as a spot-on to control fleas and ticks on 
cats and kittens and registered under section 3 of FIFRA. This 
registration is listed in Table 1 of this unit.

                     Table 1.--Product Cancellation
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           EPA Registration No.                     Product Name
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2596-148                                    Hartz Ref 117
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    Table 2 of this unit includes the name and address of record for 
the registrant of the product in Table 1 of this unit.

                Table 2.--Registrant of Canceled Product
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             EPA Company No.                  Company Name and Address
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2596                                       The Hartz Mountain
                                            Corporation, 400 Plaza
                                            Drive, Secaucus, NJ 07094-
                                            3688
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III. Summary of Public Comments Received and Agency Response to 
Comments

    During the public comment period provided, EPA received no comments 
in response to the Federal Register Notice\1\ of July 15, 2005, 
announcing the Agency's receipt of the request for voluntary 
cancellation of Hartz Ref 117.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellation of the registration identified in Table 1 of Unit II. 
Accordingly, the Agency orders that the product registration identified 
in Table 1 of Unit II. is hereby canceled effective November 4, 2005. 
Any distribution, sale, or use of existing stocks of the product 
identified in Table 1 of Unit II. in a manner inconsistent with any of 
the Provisions for Disposition of Existing Stocks set forth in Unit VI. 
will be considered a violation of FIFRA.

V. 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.

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. The cancellation order issued in this Notice 
includes the following existing stocks provisions.
    Products in the United States that have been packaged, labeled, and 
released for shipment prior to the effective date of the cancellation 
may be sold or distributed by Hartz from its facilities until December 
31, 2005, and may be sold or distributed by persons other than Hartz 
until March 31, 2006. After this date, products may not be sold or 
distributed unless for the purposes of proper disposal or export.
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    \1\A sentence was inadvertently omitted from the DATES unit 
which provided a 30-day comment period. A correction Notice 
published in the Federal Register of August 3, 2005 (70 FR 44635) 
(FRL-7728-7).
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List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: October 28, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 05-22039 Filed 11-3-05; 8:45 am]
BILLING CODE 6560-50-S