[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Notices]
[Pages 47791-47793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17114]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0308; FRL-10012-80]


Tetrachlorvinphos; Notice of Receipt of Requests to Voluntarily 
Cancel Certain Pesticide Registrations and Amend Registrations To 
Terminate Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests 
by the registrants to voluntarily cancel their registrations of certain 
products containing the pesticide tetrachlorvinphos (TCVP), or to amend 
their TCVP product registrations to terminate or delete one or more 
uses. The requests would terminate TCVP use of Chem-Tech, Ltd. (Chem-
Tech) dust formulations on cats and dogs, voluntarily cancel TCVP dust 
formulations produced by The Hartz Mountain Corporation (Hartz) for 
domestic animals (cats and dogs) and cancel one of Hartz's pet collars 
for cats. The requests would not terminate the last TCVP products 
registered for use in the United States, or the last TCVP pesticide 
products registered in the United States for these uses. 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. If 
these requests are granted, any sale, distribution, or use of products 
listed in this notice will be permitted after the registrations have 
been canceled or uses terminated 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 September 8, 2020.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2009-0308, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is closed to visitors with 
limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Patricia Biggio, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (703) 347-0547; email address: 
biggio.patricia@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    There are two registrants for TCVP products registered for use on 
cats and dogs, Hartz and Chem-Tech. The registrants have submitted 
requests for voluntary cancelations or use terminations.

II. 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 and 
human health 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.

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 email. 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 preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

III. Background on the Receipt of Requests To Cancel and/or Amend 
Registrations To Delete Uses

    This notice announces receipt by EPA of requests from registrants 
Hartz and

[[Page 47792]]

Chem-Tech to cancel certain products or terminate certain uses of TCVP 
product registrations. TCVP is an organophosphate insecticide used to 
control fleas, ticks, various flies, lice, and insect larvae on 
livestock and domestic animals and their premises. In letters dated 
June 19, 2020 and July 10, 2020, Chem-Tech and Hartz, respectively, 
requested EPA to either cancel or amend registrations for certain pet 
use products containing TCVP. These pet products and their impending 
actions are identified in Tables 1 and 2 of Unit IV. These actions on 
the registrants' requests will not terminate the last TCVP products 
registered in the United States, or the last TCVP pesticide products 
registered in the United States for these uses.

IV. What action is the Agency taking?

    This notice announces receipt by EPA of requests from registrants 
to cancel certain registrations or terminate certain uses of TCVP 
product registrations. The affected products and the registrants making 
the requests are identified in Tables 1 and 2 of this unit.
    Unless the Agency determines that there are substantive comments 
that warrant further review of this request, EPA intends to issue an 
order canceling or terminating uses from the affected registrations.

      Table 1--TCVP Product Registrations With Pending Requests for
                           Termination of Use
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                                                            Uses to be
   Registration No.      Product name       Company          deleted
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47000-123............  Clean Crop       Chem-Tech, Ltd.  Dogs, Cats.
                        Livestock 1%
                        Rabon Dust.
------------------------------------------------------------------------


      Table 2--TCVP Product Registrations with Pending Requests for
                              Cancellation
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     Registration No.            Product name             Company
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2596-63...................  Hartz 2 in 1 Plus      The Hartz Mountain
                             Long Lasting Collar    Corporation.
                             for Cats.
2596-78...................  Hartz 2 in 1 Flea and  The Hartz Mountain
                             Tick Powder for Cats.  Corporation.
2596-79...................  Hartz 2 in 1 Flea and  The Hartz Mountain
                             Tick Powder for Dogs.  Corporation.
------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for 
the registrants of the products listed in Table 1 and Table 2 of this 
unit, in sequence by EPA company number. This number corresponds to the 
first part of the EPA registration numbers of the products listed in 
Table 1 and Table 2 of this unit.

      Table 3--Registrants Requesting Voluntary Cancellation and/or
                           Termination of Use
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      EPA  company No.                 Company name and address
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2596........................  The Hartz Mountain Corporation, 400 Plaza
                               Drive, Seacaucus, NJ 07094.
47000.......................  Chem-Tech, Ltd., 620 Lesher Place,
                               Lansing, MI 48912.
------------------------------------------------------------------------

V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) 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.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) 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, FIFRA section 6(f)(1)(C) 
(7 U.S.C. 136d(f)(1)(C)) provides for the possibility of a 180-day 
comment period where a voluntary cancellation involves a pesticide 
registered for at least one minor agricultural use.
    Because the TCVP pet uses here do not involve any minor 
agricultural uses, the 180-day comment provision does not apply, and 
EPA is providing a 30-day comment period on the requests.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
that are currently in the United States and that were packaged, 
labeled, and released for shipment prior to the effective date of the 
action. If the requests for voluntary cancellation and termination of 
uses are granted, the Agency intends to publish the cancellation order 
in the Federal Register.
    In any order issued in response to these requests for cancellation 
of product registrations and for termination of uses, EPA anticipates 
it will include the following provisions for the treatment of any 
existing stocks of the products listed in Tables 1 and 2 of Unit IV:
    Hartz may not ``release for shipment,'' as that term is defined by 
40 CFR 152.3, any product under EPA Reg. Nos. 2596-78 and 2596-79 (dust 
products) after July 31, 2020, or as soon as EPA issues an order on the 
request following the public comment period announced in this Notice, 
and may not sell or distribute existing stocks of its dust products 
after March 31, 2021, except for export consistent with FIFRA section 
17 (7 U.S.C. 136o) or for proper disposal. Hartz may sell or distribute 
existing stocks of EPA Reg. No. 2596-63 (cat collar) until exhausted.
    Once EPA has approved product labels reflecting the requested 
termination of uses pertaining to EPA Reg. No. 47000-123, registrants 
will be permitted to sell or distribute products under the previously 
approved labeling, if appropriate, according to the terms of the label 
approval. Thereafter, registrants will be prohibited from selling or 
distributing the products whose labels include the deleted uses 
identified in Table 1 of Unit IV., except for export consistent with 
FIFRA section 17 or for proper disposal.

[[Page 47793]]

    Persons other than the registrants may sell, distribute, or use 
existing stocks of canceled products until supplies are exhausted, 
provided that such sale, distribution, or use is consistent with the 
terms of the previously approved labeling on, or that accompanied, the 
canceled products.

    Authority: 7 U.S.C. 136 et seq.

    Dated: July 28, 2020.
Mary Reaves,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2020-17114 Filed 8-5-20; 8:45 am]
BILLING CODE 6560-50-P


