

[Federal Register: June 30, 2006 (Volume 71, Number 126)]
[Notices]               
[Page 37570-37573]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn06-72]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2002-0302;FRL-8075-2]

 
Dichlorvos (DDVP); Notice of Receipt of Request to Amend to 
Terminate Uses of 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 a request by the registrant to amend 
their registrations to terminate uses of certain products containing 
the pesticide DDVP. The request would terminate DDVP use in or on: 
Mushroom house (hand held fogger); Greenhouse (hand held fogger); 
Warehouse (hand held fogger); Residential Crack and Crevice use; 
Residential Total Release Fogger; Lawn, Turf and Ornamentals; 21 gram 
Pest Strip; 65 gram Pest Strip; 80 gram Pest Strip; and 100 gram Pest 
Strip. The request would not terminate the last DDVP products 
registered for use in the United States. EPA intends to grant this 
request 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 request. In addition, EPA will 
not approve the request as to the 21 gram, 65 gram, or 80 gram pest 
strips prior to EPA approving the replacement registrations,

[[Page 37571]]

per the registrant's May 9, 2006 letter to EPA. Upon acceptance of this 
request, 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 July 31, 2006.

ADDRESSES:  Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2002-0302, 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 
Building), 2777 S. Crystal Drive, 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 telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2002-0302. 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 Federal 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. 
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 
Building), 2777 S. Crystal Drive, 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 telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT:  Dayton Eckerson, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8038; fax 
number: (703) 308-8005; e-mail address: eckerson.dayton@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 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 Amend Registrations to 
Delete Uses

    This notice announces receipt by EPA of a request from registrant 
Amvac Chemical Corporation to amend to terminate uses of DDVP product 
registrations. DDVP is an organophosphate insecticide and fumigant 
registered for use in controlling flies, mosquitoes, gnats, 
cockroaches, fleas, and other insect pests. Formulations of DDVP 
include pressurized liquid, granular, emulsifiable concentrate, total 
release aerosol, and impregnated material. DDVP is applied with 
aerosols and fogging equipment, with ground spray equipment, and 
through slow release from impregnated materials, such as resin strips 
and pet collars. DDVP is registered to control insect pests on 
agricultural sites; commercial, institutional and industrial sites; and 
for domestic use in and around homes (i.e.,

[[Page 37572]]

resin strips) and on pets. DDVP is used preplant in mushroom houses, 
and postharvest in storage areas for bulk, packaged and bagged raw and 
processed agricultural commodities, food manufacturing/processing 
plants, animal premises, and non-food areas of food-handling 
establishments. It is also registered for direct dermal pour-on 
treatment of cattle and poultry, and swine. DDVP is not registered for 
direct use on any field grown commodities. In a letter dated May 9, 
2006, Amvac Chemical Corporation requested EPA to amend to terminate 
uses of pesticide product registrations identified in this notice 
(Table 1). Specifically, the request would terminate DDVP use in or on: 
Mushroom house (hand held fogger); Greenhouse (hand held fogger); 
Warehouse (hand held fogger); Residential Crack and Crevice use; 
Residential Total Release Fogger; Lawn, Turf and Ornamentals; 21 gram 
Pest Strip; 65 gram Pest Strip; 80 gram Pest Strip; and 100 gram Pest 
Strip. The request would not terminate the last DDVP products 
registered for use in the U.S.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from a registrant 
to amend to terminate uses of DDVP 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 registrant requests 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 DDVP registrant has requested that EPA waive the 180-day 
comment period. EPA will provide a 30-day comment period on the 
proposed requests.
    Unless the Agency determines that there are substantive comments 
that warrant further review of this request, an order will be issued 
amending the affected registrations. However, EPA will not approve the 
request as to the 21 gram, 65 gram, or 80 gram pest strips prior to EPA 
approving the replacement registrations, per the registrant's May 9, 
2006 letter to EPA.

Table 1.--DDVP Product Registrations with Pending Requests for Amendment
------------------------------------------------------------------------
        Registration No.             Product name           Company
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5481-96                           DDVP TECHNICAL      Amvac Chemical
                                   GRADE               Corporation
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5481-338                          ALCO NO-PEST STRIP  Amvac Chemical
                                                       Corporation
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5481-344                          AMVAC INSECT STRIP  Amvac Chemical
                                                       Corporation
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5481-348                          ALCO PEST STRIP     Amvac Chemical
                                                       Corporation
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5481-461                          AMVOS RESTECH       Amvac Chemical
                                                       Corporation
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5481-462                          AMVOS LIQUITECH     Amvac Chemical
                                                       Corporation
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    Table 2 of this unit includes the name and address of record for 
the registrant of the products listed in Table 1 of this unit.

          Table 2.--Registrant Requesting Voluntary Amendments
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             EPA Company No.                  Company Name and Address
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5481                                       Amvac Chemical Corporation,
                                            4695 MacArthur Court, Suite
                                            1250, Newport Beach, CA
                                            92660
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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. 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 this request for amendments to 
terminate uses, the Agency proposes to include the following provisions 
for the treatment of any existing stocks of the pest strip products 
identified or referenced in Table 1: Amvac's request for voluntary 
deletion of pest strip uses is conditioned upon EPA issuing a 
cancellation order that will not prevent any sale or distribution of 
product to any end use registrant or supplemental distributor 
(``Distributor'') bearing previously approving labeling before December 
31, 2007, and will not prevent any sale or distribution of such product 
by retailers. Amvac's request is further conditioned upon EPA allowing 
the sale or distribution of such product by Distributors after that 
date if such sale or distribution is for purposes of (i) return of 
material to Amvac, (ii) proper disposal, or (iii) export consistent 
with the requirements of section 17 of FIFRA.
    However, with respect to the following uses:
     Mushroom house (hand held fogger);
     Greenhouse (hand held fogger);
     Warehouse (hand held fogger);
     Residential Crack and Crevice use;
     Residential Total Release Fogger; and
     Lawn, Turf and Ornamentals.
    The Agency proposes to include the following provisions for the 
treatment of any existing stocks: The distribution, sale or use of any 
existing stocks of such products will not be permitted, except the EPA 
intends to allow the sale or distribution for purposes of (i) return of

[[Page 37573]]

material to Amvac, (ii) proper disposal, or (iii) export consistent 
with the requirements of section 17 of FIFRA.
    If the request for voluntary use termination is granted, the Agency 
intends to publish the cancellation order in the Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 23, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 06-5893 Filed 6-29-06; 8:45 am]

BILLING CODE 6560-50-S
