[Federal Register Volume 73, Number 108 (Wednesday, June 4, 2008)]
[Notices]
[Pages 31867-31868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12386]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-1011; FRL-8367-2]


Product Cancellation Order for Pesticide Products Containing 
Denatonium Benzoate as an Active Ingredient

AGENCY: Environmental Protection Agency (EPA).

ACTION: Order.

-----------------------------------------------------------------------

SUMMARY: EPA is granting a registrant's voluntary request for 
cancellation, pursuant to section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA),of the pesticide product Tree 
Guard, EPA Reg. No. 66676-1. This cancellation order follows a November 
7, 2007. Federal Register Notice of Receipt of Request to Voluntarily 
Cancel a Pesticide Registration from the sole registrant at the time of 
products containing denatonium benzoate as the active ingredient. In 
the November 7, 2007 notice, EPA indicated that it would issue an order 
implementing the cancellation unless the Agency received substantive 
comments within the 30 day comment period that would merit its further 
review of this request, or unless the registrant withdrew their request 
within this period. The Agency received comments on the notice but none 
merited its further review of the request. Further, the registrant did 
not withdraw their request.
    EPA is granting this request for voluntary cancellation. Any 
distribution, sale, or use of Tree Guard, EPA Reg. No. 66676-1 is 
permitted only in accordance with the terms of this order, including 
the existing stocks provisions. EPA has recently approved two 
applications for registration of substantially similar products 
pursuant to FIFRA section 3(c)(7)(A), and these products are subject to 
the same conditions described in this order. As a consequence, all 
pesticide products containing denatonium benzoate as an active 
ingredient are cancelled as of December 1, 2009.

DATES: The pesticide product Tree Guard, EPA Reg. No. 66676-1, is 
cancelled effective December 1, 2009.

FOR FURTHER INFORMATION CONTACT: Andrea Carone, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0122; fax 
number: (703) 308-8005; 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 a docket for this action under 
docket identification (ID) number EPA-HQ-OPP-2007-1011. 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 Office of Pesticide Programs (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.
    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.

II. What Action is the Agency Taking?

    This notice announces the cancellation, as requested by the 
registrant, Becker Underwood, pursuant to section 6(f)(1) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of its 
product containing denatonium benzoate as an active ingredient 
registered under section 3 of FIFRA. The registration is listed in 
Table 1 of this unit.

          Table 1.-- Product Subject to this Cancellation Order
------------------------------------------------------------------------
          EPA Registration Number                   Product Name
------------------------------------------------------------------------
66676-1                                     Tree Guard
------------------------------------------------------------------------

    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 Product Subject to this Cancellation Order
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
66676                                       Becker Underwood, Inc.
                                            Dayton Avenue
                                            P O Box 667
                                            Ames, Iowa 50010
------------------------------------------------------------------------

    On October 16, 2007, Becker Underwood requested voluntary 
cancellation of its pesticide product Tree Guard, EPA Reg. No. 66676-1, 
pursuant to section 6(f)(1) of FIFRA. On November 7, 2007, EPA 
published in the Federal Register a notice of receipt of this request 
for voluntary cancellation. At the time of its request for voluntary 
cancellation, Becker Underwood was the sole registrant of pesticide 
products containing denatonium benzoate as an active ingredient. 
However, since this request, two other companies have applied for 
registration of substantially similar products pursuant to FIFRA 
section 3(c)(7)(A).
    The terms of Becker Underwood's voluntary cancellation are the 
following:
    1. The total amount of Tree Guard that is distributed or sold in 
the United States in any given calendar year cannot

[[Page 31868]]

exceed 300 pounds of the active ingredient denatonium benzoate;
    2. The product cancellation is effective December 1, 2009;
    3. Becker Underwood may sell and distribute existing stocks until 
December 1, 2011.
    EPA has recently approved, pursuant to FIFRA section 3(c)(7)(A), 
registrations for products substantially similar to Tree Guard. Both of 
these products are subject to the same cancellation conditions 
applicable to Tree Guard and described above in this order. 
Accordingly, the following products were registered subject to the 
conditions that the registrations are cancelled effective December 1, 
2009, and subject to an annual limit on distribution and sales of 300 
lb active ingredient:

       Table 3.--Other Products Subject to this Cancellation Order
------------------------------------------------------------------------
   Product Name and Registration Number       Company Name and Address
------------------------------------------------------------------------
Deer Guard>                                 Repel Holding, Inc. D/B/A
 EPA Reg. No. 84681-1.....................   Repel Products
                                            1150 18th Street, NW, Ste.
                                             1000
                                            Washington, DC 20036
------------------------------------------------------------------------
Gold, N Gro Guardian Deer Repellent         Ag-Chem Consulting c/o
EPA Reg. No. 84524-2......................   Itronics
                                             Metallurgical, Inc.12208
                                             Quinque Lane
                                             Clifton, VA 20124
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    The Agency received comments during the 30-day public comment 
period. The comments stated that there is a great need for deer 
repellent and the annual 300 lb distribution and sales limit is 
arbitrary and unwarranted.
    The Agency appreciates the submitted comments, however the 
distribution and sales limit is a condition of the voluntary 
cancellation. For this reason, the Agency does not believe that the 
comments submitted during the comment period merit further review or a 
denial of the requests for voluntary cancellation.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellation of Tree Guard, EPA Reg. No. 66676-1. Accordingly, the 
Agency orders that the registration of Tree Guard, EPA Reg. No. 66676-
1, is hereby canceled effective December 1, 2009. Any distribution, 
sale, or use of existing stocks of Tree Guard, EPA Reg. No. 66676-1 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.
    For EPA Registration No. 66676-1 sale by the registrant of existing 
stocks will be allowed for a period of 24 months, starting from the 
effective voluntary cancellation date, December 1, 2009.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: May 28, 2008.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E8-12386 Filed 6-3-08; 8:45 am]
BILLING CODE 6560-50-S