[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Notices]
[Pages 68036-68037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22256]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0173; FRL-7744-6]


Phenothrin; Amendment to Terminate Use

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the amendment to 
terminate use, voluntarily requested by the registrant and accepted by 
the Agency, of a product containing the pesticide phenothrin, pursuant 
to section 6(f)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), as amended. This order follows a July 20, 2005 
(corrected August 3, 2005) Federal Register Notice of Receipt of a 
Request from the registrant Hartz Mountain Corporation to voluntarily 
amend to terminate certain uses of their product Hartz Ref 119. The use 
of this product as a spot-on for cats and kittens will be terminated. 
In the July 20, 2005 Notice, EPA indicated that it would issue an order 
implementing the amendment to terminate use no earlier than October 31, 
2005. EPA further indicated that the request for termination of use was 
irrevocable. The Agency did not receive any comments on the Notice. 
Accordingly, EPA hereby issues in this Notice an order granting the 
requested amendment to terminate use. Any distribution, sale, or use of 
the product Hartz Ref 119 is permitted only in accordance with the 
terms of this order, including any existing stocks provisions.

DATES: The order to terminate use is effective November 9, 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: (703) 305-6502; fax number: (703) 305-9596; 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

[[Page 68037]]

OPP-2005-0173. 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, 
to 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 amendment to terminate use, as requested 
by the registrant, of Hartz Ref 119, an end-use product containing 
phenothrin as a spot-on to control fleas and ticks on cats and kittens, 
registered under section 3 of FIFRA. This registration is listed in 
Table 1 of this unit.

        Table 1.--Product Registration Amendment to Terminate Use
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           EPA Registration No.                     Product Name
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2596-151                                    Hartz Ref 119
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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 Amended 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 July 20, 2005 Federal Register Notice\1\ (70 FR 
41717) (FRL-7724-1) announcing the Agency's receipt of the request for 
an amendment to terminate the affected use of Hartz Ref 119.

IV. Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendment to terminate the affected use of the Hartz Ref 119 
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 amended to terminate the affected use effective November 9, 
2005. Any distribution, sale, or use of existing stocks of the products 
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 
order to terminate use. The 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 order 
terminating use on cats and kittens may be sold or distributed by Hartz 
from its facilities until December 31, 2005. After December 31, 2005, 
Hartz may not sell or distribute product labeled for use on cats and 
kittens. Products labeled for use on cats and kittens may be sold or 
distributed by persons other than the registrant until March 31, 2006. 
After this date, products so labeled may not be sold or distributed 
unless for the purposes of proper disposal or export.
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    \1\A sentence was inadvertenly omitted from the DATES unit which 
provided a 30-day public comment period. It also inadvertenly 
omitted an ADDRESSES unit for the submission of comments. A 
correction Notice published in the Federal Register of August 3, 
2005 (70 FR 44636) (FRL-7728-8).
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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. 05-22256 Filed 11-8-05; 8:45 am]
BILLING CODE 6560-50-S