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


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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.

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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: http://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 
http://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 
http://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 http://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
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       Registration Number           Product Name           Company
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538-166                           Scotts House Plant  The Scotts Company
                                   Insect Spray
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538-173                           Chinch Bug Control  The Scotts Company
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9444-120                          Total Release       Waterbury
                                   Fogger              Companies, Inc.
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10806-61                          Contact Roach and   Contact Industries
                                   Ant Killer VI
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10806-73                          Contact Lawn Spray  Contact Industries
                                   Concentrate for
                                   Fleas
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10806-74                          Contact Lawn Spray  Contact Industries
                                   Concentrate for
                                   Fleas II
10806-87                          Contact Roach and   Contact Industries
                                   Ant Killer IX
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10806-93                          Contact Ornamental  Contact Industries
                                   Gypsy Moth and
                                   Japanese Beetle
                                   Spray
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10806-94                          Contact Roach and   Contact Industries
                                   Ant Killer XI
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10807-150                         Misty Fire Ant      Amrep, Inc.
                                   Injector
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28293-151                         Unicorn Flea and    Phaeton
                                   Tick Lawn Spray     Corporation
                                   No.1
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[[Page 23459]]

 
28293-159                         Unicorn RTU Home    Phaeton
                                   and Premise Spray   Corporation
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28293-162                         Unicorn Zap         Phaeton
                                   Insecticide         Corporation
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28293-163                         Unicorn Flush-Out   Phaeton
                                   Spray               Corporation
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28293-164                         Unicorn Household   Phaeton
                                   Insecticide II      Corporation
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28293-217                         Unicorn Residual    Phaeton
                                   Spray 4    Corporation
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    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
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            EPA Company Number                Company Name and Address
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538                                         The Scotts Company
                                            14111 Scottslawn Road
                                            Marysville, Ohio 43041
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9444                                        Waterbury Companies, Inc.
                                            64 Avenue of Industry
                                            Waterbury, Connecticut 06705
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10806                                       Contact Industries
                                            641 Dowd Avenue
                                            Elizabeth, NJ 07201
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10807                                       Amrep, Inc.
                                            990 Industrial Park Drive
                                            Marietta, Georgia 30062
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28293                                       Phaeton Corporation
                                            P.O. Box 290
                                            Madison, Georgia 30650
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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