[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Notices]
[Page 62848-62850]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no07-46]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-1011; FRL-8155-7]
Denatonium Benzoate; Notice of Receipt of Request to Voluntarily
Cancel a Pesticide Registration
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 voluntarily cancel
its registration of a product containing the pesticide denatonium
benzoate. The request would terminate denatonium benzoate use in or on
conifers and deciduous, non-bearing trees, shrubs, flowers, and other
ornamental plants. The request would terminate the last pesticide
product registered for use in the United States containing denatonium
benzoate as an active ingredient. 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 the product 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 December 7, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-1011, 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
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 Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-1011. 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 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
website 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 Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Andrea Carone, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0122; fax
number: (703) 308-8005; e-mail address: carone.andrea@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
[[Page 62849]]
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 Request to Cancel
This notice announces receipt by EPA of a request from the
registrant Becker Underwood to cancel one denatonium benzoate product
registration. Becker Underwood's product, Tree Guard, is used to repel
deer from feeding on conifers and deciduous, non-bearing trees, shrubs,
flowers and other ornamental plants. In a letter dated October 16,
2007, Becker Underwood requested EPA to cancel the registration for its
product Tree Guard, EPA Reg. No. 66676-1. The terms of the cancellation
include the following:
1. Beginning with the 2007 calendar year, Becker Underwood shall
limit the total amount of Tree Guard that it distributes or sells in
the United States in any given calendar year to 300 pounds of the
active ingredient denatonium benzoate;
2. The voluntary cancellation of all uses of Tree Guard will be
effective December 1, 2009. The registrant's request will terminate the
last pesticide product registered in the United States containing
denatonium benzoate as an active ingredient.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from Becker
Underwood to cancel their denatonium benzoate product registration. The
affected product and the registrant making the request 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 denatonium benzoate 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 canceling the affected registrations.
Table 1.--Denatonium Benzoate Product Registration with a Pending
Request for Cancellation
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Registration Number Product Name Company
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66676-1 Tree Guard Becker Underwood
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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 Voluntary Cancellation
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EPA Company Number Company Name and Address
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66676 Becker Underwood, Inc.
801 Dayton Avenue
Ames, IA 50010
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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. Procedures for Withdrawal of Request and Considerations for
Reregistration of denatonium benzoate
A registrant who chooses to withdraw a request for cancellation
must submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before December 7, 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 product has been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of once-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 amendment to
terminate
[[Page 62850]]
products, the Agency proposes to include the following provisions for
the treatment of any existing stocks of the products identified or
referenced in Table 1 in Unit III. For EPA Registration No. 66676-1,
sale by the registrant of existing stocks will be allowed for a period
of 24 months, starting from the effective voluntary cancellation date,
December 1, 2009.
If the request for voluntary cancellation is granted as discussed
in this unit, the Agency intends to issue a cancellation order that
will allow persons other than the registrant to continue to sell and/or
use existing stocks of cancelled products until such stocks are
exhausted, provided that such use is consistent with the terms of the
previously approved labeling on, or that accompanied, the cancelled
product. The order will specifically prohibit any use of existing
stocks that is not consistent with such previously approved labeling.
If, as the Agency currently intends, the final cancellation order
contains the existing stocks provision just described, the order will
be sent only to the affected registrants of the cancelled products. If
the Agency determines that the final cancellation order should contain
existing stocks provisions different than the ones just described, the
Agency will publish the cancellation order in the Federal Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: October 31, 2007.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 07-5527 Filed 11-6-07; 8:45 am]
BILLING CODE 6560-50-S