05-14066. Notice of Receipt of a Request for an Amendment to Delete a Use in a Certain Pesticide Registration

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice.

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 an irrevocable request for an amendment by a registrant to delete a use in a certain pesticide registration. 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 amended to delete one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any request in the Federal Register.

DATES:

EPA intends to approve the request for deletion of use on cats from EPA Registration Number 2596-151. This request for amendment to delete a use is irrevocable. Therefore, the Agency will not consider a request for withdrawal.

FOR FURTHER INFORMATION CONTACT:

Ann Sibold, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: [phone]; e-mail address: [e-mail].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

This action is directed to the public in general. Although this action may be of particular interest to persons who produce or use pesticides, 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 information in this notice, 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 an official public docket for this action under docket identification (ID) number OPP-2005-0173. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The docket telephone number is [phone].

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/​.

An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/​edocket/​ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B.1. Once in the system, select “search,” then key in the appropriate docket ID number.

II. What Action is the Agency Taking?

This notice announces receipt by the Agency of an irrevocable application from a registrant to delete a use in one pesticide registration. This registration is listed in Table 1, of this unit including registration number, product name, active ingredient, and specific use deleted:

Table 1.—Registration With Request for an Amendment to Delete a Use in a Certain Pesticide Registration

EPA registration no.	Product name	Active ingredient	Delete from label
2596-151	Ref 119	Phenothrin	Use on cats and kittens

Table 2, of this unit includes the name and address of record for the registrant of the product listed in Table 1, of this unit.

Table 2.—Registrant Requesting an Amendment to Delete a Use in a Certain Pesticide Registration

EPA company no.	Company name and address
The Hartz Mountain Corporation	400 Plaza Drive, Secaucus, NJ 07094-3688

III. 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 amended to delete one or more uses. The Act further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register and provide for a 30-day period in which the public may comment. Thereafter, the Administrator may approve such a request.

IV. Procedures for Withdrawal of Request

The request for deletion of use on cats and kittens is irrevocable. Therefore, the Agency will not consider requests for withdrawal.

V. Provisions for Disposition of Existing Stocks

The effective date of the amendment will be stated in the notice of amended registration and will be no earlier than October 31, 2005. The Agency has authorized the registrant to sell or distribute product under the previously approved labeling as follows: Products in the United States which have been packaged, labeled, and released for shipment prior to the effective date of the amendment may be sold or distributed by Hartz from its facilities until December 31, 2005, and may be sold, or distributed, by persons other than the registrant until March 31, 2006. After this date, products may not be distributed unless for the purposes of proper disposal or export. The Agency has provided restrictions on existing stocks because the Agency has identified potential risk concerns associated with this registration.

List of Subjects

• Environmental protection
• Pesticides and pests

Dated: July 1, 2005.

Lois Rossi,

Director, Registration Division, Office of Pesticide Programs.