2010-19575. Product Cancellation Order for Certain Pesticide Registrations

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice.

SUMMARY:

This notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 of Unit II., pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a January 26, 2010 Federal Register Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II. to voluntarily cancel these product registrations. In the January 26, 2010 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 180-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency did not receive any comments on the notice. Further, the Agency received notice from a registrant to withdraw one cancellation request. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

DATES:

The cancellations are effective August 11, 2010.

FOR FURTHER INFORMATION CONTACT:

Maia Tatinclaux, Pesticide Re-evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: [phone]; fax 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, 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?

EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPP-2010-0014. 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 [phone].

II. What Action is the Agency Taking?

This notice announces the cancellation, as requested by registrants, of 33 products registered under FIFRA section 3. These registrations are listed in sequence by registration number in Table 1 of this unit.

Table 1.—Product Cancellations

Registration No.	Product Name	Chemical Name
000004-00315	Bonide Liquid Rotenone Pyrethrins Spray	Pyrethrins Rotenone
000279-03404	Intruder II	Pyrethrins Piperonyl butoxide Cyfluthrin
000655-00079	Prentox 25% Malathion Dust Concentrate	Malathion
000703-00001	Buchach Insect Powder	Pyrethrins
002517-00028	Geisler No Mite Spray	Piperonyl butoxide Pyrethrins MGK 264
002517-00047	Sergeant's Skip-Flea Shampoo for Dogs	Piperonyl butoxide
002517-00055	Sergeant's Rug Patrol Carpet Insecticide and Freshener Formula B	Piperonyl butoxide
002517-00069	Sergeant's Multipurpose Flea and Tick Killer I	Piperonyl butoxide Pyrethrins Permethrin
002517-00072	Sergeant's Flea and Tick Powder with Pyrethrins	Piperonyl butoxide Pyrethrins Permethrin
002517-00073	Sergeant's Flea and Tick Powder with Permethrin	Piperonyl butoxide Permethrin
002517-00075	Sergeants X-term Fogger with Nylar	Pyrethrins Permethrin MGK 264 Pyriproxifen
002517-00079	SPI # 8325	Piperonyl butoxide Permethrin
002517-00106	Ultra-Sect IGR Flea and Tick Mist	Piperonyl butoxide Pyrethrins MGK 264
002517-00121	Zema Flea and Tick Dip	Piperonyl butoxide Pyrethrins
004822-00145	Johnson Yard Master Foam Vegetable Garden Insect Killer	Pyrethrins
004822-00155	Product 29 Garden Insect Killer	Pyrethrins
004822-00311	Pyrethrum Extract 25	Pyrethrins
004822-00460	Whitmire Residual Flea and Tick Spray for Dogs and Cats	Pyrethrins Permethrin
004822-00461	Whitmire Residual Pressurized Flea and Tick Spray	Pyrethrins Permethrin
007405-00070	Chemi-Cap Total Release Insect Fogger	Pyrethrins MGK 264 Permethrin
008536-00033	Thermal Fogging Insecticide Type M	Piperonyl butoxide Pyrethrins MGK 264
008536-00036	Cardinal 25-5 Insecticide	Piperonyl butoxide Pyrethrins
008536-00037	Cardinal Food Plant Concentrate Fogging Insecticide	Piperonyl butoxide Pyrethrins
008536-00038	Cardinal 1-2-3 Insecticide	Piperonyl butoxide Pyrethrins MGK 264
008536-00039	Cardinal 3-6-10 Insecticide	Piperonyl butoxide Pyrethrins MGK 264
008660-00254	Permethrin 0.5 Lawn Insect Control with Fertilizer	Permethrin
009816-00003	Fiebing's Equilfend Flyspray for Horses	Piperonyl butoxide Pyrethrins Permethrin
010772-00011	Ear-Rite Insecticidal Ear Wash for Dogs	Piperonyl butoxide Pyrethrins
010772-00016	Lambert Kay Scented Flea and Tick Shampoo for Dogs, Cats and Ferrets	Piperonyl butoxide Pyrethrins
013799-00017	Four Paws Flea and Tick Soap	Piperonyl butoxide Pyrethrins MGK 264
013799-00022	Four Paws Mite and Lice Bird and Cage Spray	Piperonyl butoxide Pyrethrins
013799-00025	Four Paws Magic Coat Super Plus	Piperonyl butoxide Pyrethrins MGK 264
035138-00074	Aero Permethrin 25	Permethrin

Table 2 of this unit includes the names and addresses of record for all registrants of the products in Table 1 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 of this unit.

Table 2. —Registrants of Cancelled Products

EPA Co. Number	Company Name and Address
4	Bonide Products, Inc. Agent Registrations By Design, Inc. PO Box 1019 Salem, VA 24153-3805
279	FMC Corp. Agricultural Products Group 1735 Market St, RM 1978 Philadelphia, PA 19103
655	Prentiss, INC. 3600 Mansell Rd, Suite 350 Alpharetta, GA 30022
703	Buhach Company 14336 SE 84 CT Newcastle, WA 98059
2517	Sergeant's Pet Care Products, Inc. 2625 South 158th Plaza Omaha, NE 68130-1703
4822	S.C. Johnson and Son, Inc. 1525 Howe St. Racine, WI 53403
7405	CP Aeroscience, Inc. P.O. BOX 667770 Pompano Beach, FL 33066
8536	Soil Chemicals Corporation P.O, Box 782 Hollister, CA 95024
8660	United Industries Corp. d/b/a Sylorr Plant Corp P.O, Box 14642 St. Louis, MO 63114-0642
9816	Fiebing Company, Inc. P.O, Box 694 Milwaukee, WI 53201-0694
10772	Church and Dwight Co. Inc. 469 North Harrison St. Princeton, NJ 08543-5297
13799	Four Paws Products Ltd. 50 Wireless Boulevard Hauppauge, NY 11788
35138	AeroChem 1396 Lee Lane Raymond, MS 39154

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

During the public comment period provided, EPA received no comments in response to the January 26, 2010 Federal Register notice announcing the Agency's receipt of the requests for voluntary cancellations of products listed in Table 1 of Unit II. The request for the voluntary cancellation of product 66330-220 was withdrawn by the registrant.

IV. Cancellation Order

Pursuant to FIFRA section 6(f), EPA hereby approves the requested cancellations of the registrations identified in Table 1 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Table 1 of Unit II. are canceled. The effective date of the cancellations that are subject of this notice is August 11, 2010. Any distribution, sale, or use of existing stocks of the products identified in Table 1 of Unit II. in a manner inconsistent with any of the provisions for disposition of existing stocks set forth in Unit VI. will be 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 EPA Administrator may approve such a request. The notice of receipt for this action was published for comment in the Federal Register of January 26, 2010 (75 FR 4072) (FRL-8808-2). The comment period closed on July 26, 2010.

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 existing stocks provisions for the products subject to this order are as follows.

The registrants may continue to sell and distribute existing stocks of products listed in Table 1 of Unit II. until August 11, 2011, which is 1 year after the publication of the Cancellation Order in the Federal Register Thereafter, the registrants are prohibited from selling or distributing products listed in Table 1, except for export in accordance with FIFRA section 17, or proper disposal. Persons other than the registrants may sell, distribute, or use existing stocks of products listed in Table 1 of Unit II. until existing stocks 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.

List of Subjects

• Environmental protection
• Pesticides and pests

Dated: August 2, 2010.

Richard P. Keigwin, Jr.

Director, Pesticide Re-evaluation Division, Office of Pesticide Programs.