

[Federal Register: March 23, 2007 (Volume 72, Number 56)]
[Notices]               
[Page 13786-13789]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr07-76]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2002-0302; FRL-8120-7]

 
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 dry bait 
formulations and in impregnated resin cat and dog flea collars. The 
request would not terminate the last DDVP products registered for use 
in the U.S. 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, or unless the registrant withdraws their 
request within this period. 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 April 23, 2007.

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

[[Page 13787]]

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 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 
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 web 
site 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 
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 Cancel and/or 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. 
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., resin strips). 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 letters 
dated March 2, 2007 and March 8, 2007, Amvac Chemical Corporation 
requested EPA to amend to terminate uses of pesticide product 
registrations

[[Page 13788]]

identified in this notice (Table 1). Specifically, the request would 
terminate DDVP use in dry bait formulations and in impregnated resin 
cat and dog flea collars. 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 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 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 a request is withdrawn by the 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 amending the affected registrations.

Table 1.--DDVP Product Registrations with Pending Requests for Amendment
------------------------------------------------------------------------
        Registration No.             Product name           Company
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5481-9                            ALCO FLY FIGHTER    Amvac Chemical
                                   FLY BAIT            Corporation
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5481-96                           DDVP TECHNICAL      Amvac Chemical
                                   GRADE               Corporation
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5481-341                          ALCO FLEA COLLAR    Amvac Chemical
                                   FOR DOGS -- BLACK   Corporation
------------------------------------------------------------------------
5481-342                          ALCO FLEA COLLAR    Amvac Chemical
                                   FOR CATS -- WHITE   Corporation
------------------------------------------------------------------------
5481-343                          ALCO FLEA COLLAR    Amvac Chemical
                                   FOR DOGS -- CLEAR   Corporation
------------------------------------------------------------------------
5481-345                          ALCO FLEA COLLAR    Amvac Chemical
                                   FOR CATS -- CLEAR   Corporation
------------------------------------------------------------------------
5481-346                          ALCO FLEA COLLAR    Amvac Chemical
                                   FOR DOGS --         Corporation
                                   GLITTERS
------------------------------------------------------------------------
5481-347                          ALCO FLEA COLLAR    Amvac Chemical
                                   FOR CATS --         Corporation
                                   GLITTERS
------------------------------------------------------------------------
5481-461                          AMVOS RESTECH       Amvac Chemical
                                                       Corporation
------------------------------------------------------------------------

    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.  1Company name and address
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5481                                        Amvac Chemical Corporation,
                                            4695 MacArthur Court, Suite
                                             1250,
                                            Newport Beach, CA 92660
------------------------------------------------------------------------

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 Dichlorvos (DDVP).

    Registrants who choose to withdraw a request for cancellation must 
submit such withdrawal in writing to the person listed under FOR 
FURTHER INFORMATION CONTACT. Such withdrawal must be received on or 
before April 23, 2007. 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.

[[Page 13789]]

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. Amvac has indicated that there are no existing 
stocks of the products identified in Table 1; therefore, the Agency 
proposes to include the following provisions for the treatment of 
existing stocks of the products identified or referenced in Table 1: 
The prohibition on sales, distribution and use, except for proper 
disposal or export consistent with the requirements of section 17 of 
FIFRA, is effective immediately.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 16, 2007.
 Robert McNally,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E7-5260 Filed 3-22-07; 8:45 am]

BILLING CODE 6560-50-S
