71 FR 203 pgs. 61968-61969 - Dichlorvos (DDVP): Termination of Certain Uses and Label Amendments
Type: NOTICEVolume: 71Number: 203Pages: 61968 - 61969
Docket number: [EPA-HQ-OPP-2004-0369; FRL-8095-8]
FR document: [FR Doc. 06-8764 Filed 10-19-06; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2004-0369; FRL-8095-8]
Dichlorvos (DDVP): Termination of Certain Uses and Label Amendments
AGENCY:
Environmental Protection Agency(EPA).
ACTION:
Notice.
SUMMARY:
This notice announces EPA'scancellation order for the termination of certain uses and labelamendments, voluntarily requested by the registrant and acceptedby the Agency, of products containing the pesticide dichlorvos(DDVP), pursuant to section 6(f)(1) of the Federal Insecticide,Fungicide, and Rodenticide Act (FIFRA), as amended. Thiscancellation order follows a June 30, 2006 FederalRegister Notice of Receipt of Request from the DDVPregistrant to voluntarily terminate certain uses of its DDVPproducts and label amendments. The request would terminate DDVPuse in or on: Mushroom house (hand held fogger); Greenhouse (handheld fogger); Warehouse (hand held fogger); Crack and Creviceuse; Total Release Fogger, Lawn, Turf and Ornamentals; 21 gramPest Strip; 65 gram Pest Strip; 80 gram Pest Strip; and 100 gramPest Strip. The request would not terminate the last DDVPproducts registered for use in the U.S. In the June 30, 2006Notice, EPA indicated that, subject to certain conditions beingsatisfied, it would issue an order to implement the terminationof certain uses, unless the Agency received substantive commentswithin the 30 day comment period that would merit its furtherreview of these requests, or unless the registrant withdrew theirrequest within this period. The Agency did not receive anycomments on the Notice that merit further review of theserequests. Further, the registrant did not withdraw theirrequest. Accordingly, EPA hereby issues in this notice acancellation order granting the request to terminate the usesdescribed above. Any distribution, sale, or use of the DDVPproducts subject to this cancellation order is permitted only inaccordance with the terms of this order, including any existingstocks provisions.
DATES:
The cancellations are effective October 20, 2006.
FOR FURTHER INFORMATION CONTACT:
DaytonEckerson, Special Review and Reregistration Division (7508P),Office of Pesticide Programs, Environmental Protection Agency,1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephonenumber: (703) 308-8038; fax number: (703) 308-8005; e-mailaddress: 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 maybe of interest to a wide range of stakeholders includingenvironmental, human health, and agricultural advocates; thechemical industry; pesticide users; and members of the publicinterested in the sale, distribution, or use of pesticides.Since others also may be interested, the Agency has not attemptedto describe all the specific entities that may be affected bythis action. If you have any questions regarding theapplicability of this action to a particular entity, consult theperson listed under FOR FURTHER INFORMATIONCONTACT.
B. How Can I Get Copies of this Document and Other RelatedInformation?
1. Docket. EPA has established a docketfor this action under docket identification (ID) numberEPA-HQ-OPPT-2002-0302. Publiclyavailable docket materials are available either in the electronicdocket at http://www.regulations.gov , or, if onlyavailable in hard copy, at the Office of Pesticide Programs (OPP)Regulatory Public Docket in Rm. S-4400, One Potomac Yard (SouthBuilding), 2777 S. Crystal Drive Arlington, VA. The hours ofoperation of this Docket Facility are from 8:30 a.m. to 4 p.m.,Monday through Friday, excluding legal holidays. The Dockettelephone number is (703) 305-5805.
2. Electronic access . You may access this Federal Register document electronically throughthe EPA Internet under the Federal Register listings at http://www.epa.gov/fedrgstr/ .
II. What Action is the Agency Taking?
This notice grants the request by the registrant identified inthis notice (Table 2) to terminate certain uses of DDVP. DDVP isan organophosphate insecticide and fumigant registered for use incontrolling flies, mosquitoes, gnats, cockroaches, fleas, andother insect pests. Formulations of DDVP include pressurizedliquid, granular, emulsifiable concentrate, total releaseaerosol, and impregnated material. DDVP is applied with aerosolsand fogging equipment, with ground spray equipment, and throughslow release from impregnated materials, such as resin strips andpet collars. DDVP is registered to control insect pests onagricultural sites; commercial, institutional and industrialsites; and for domestic use in and around homes (i.e., resinstrips) and on pets. DDVP is used preplant in mushroom houses,and postharvest in storage areas for bulk, packaged and baggedraw and processed agricultural commodities, foodmanufacturing/processing plants, animal premises, and non-foodareas of food-handling establishments. It is also registered fordirect dermal pour-on treatment of cattle and poultry, and swine.DDVP is not registered for direct use on any field growncommodities. In a letter dated May 9, 2006, Amvac ChemicalCorporation requested EPA to amend the pesticide productregistrations identified in this notice (Table 1) to terminatecertain uses. Specifically, the request would terminate DDVP usein or on: Mushroom house (hand held fogger); Greenhouse (handheld fogger); Warehouse (hand held fogger); Crack and Creviceuse; Total Release Fogger; Lawn, Turf and Ornamentals; 21 gramPest Strip; 65 gram Pest Strip; 80 gram Pest Strip; and 100 gramPest Strip. (The registration for the 21 gram Pest Strip is beingreplaced by a new registration for a 16 gram Pest Strip withamended label language; the registrations for the 80 gram and 65gram Pest Strips are being replaced by new registrations for thesame size strips with amended label language). The request wouldnot terminate the last DDVP products registered for use in theUnited States.
This notice announces the termination of certain uses ofDDVP product registrations. The affected products and theregistrant making the request are identified in the followingtables of this unit.
| Registration No. | Product name | Company |
|---|---|---|
| 5484-96 | DDVP TECHNICAL GRADE | Amvac Chemical Corporation |
| 5481-338 | ALCO NO-PEST STRIP | Amvac Chemical Corporation |
| 5481-344 | AMVAC INSECT STRIP | Amvac Chemical Corporation |
| 5481-348 | ALCO PEST STRIP | Amvac Chemical Corporation |
| 5481-461 | AMVOS RESTECH | Amvac Chemical Corporation |
| 5481-462 | AMVOS LIQUITECH | Amvac Chemical Corporation |
Table 2 of this unit includes the name and address ofrecord for the registrant of the products listed in Table 1 ofthis unit.
| EPA Company No. | Company name and address |
|---|---|
| 5481 | Amvac Chemical Corporation, 4695 MacArthur Court, Suite1250, Newport Beach, CA 92660 |
III. Summary of Public Comments Received and Agency Responseto Comments
During the public comment period provided, EPA received fourcomments in response to the June 30, 2006 FederalRegister notice announcing the Agency's receipt of therequest for voluntary termination of certain uses of DDVP.However, these comments do not require any amendments to theserequests.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves therequested cancellation order to terminate certain uses of DDVPregistrations identified in Table 1 of Unit II. Accordingly,the Agency also orders that the label amendments for the productregistration identified in Table 2 of Unit II. is hereby amended.Any distribution, sale, or use of existing stocks of the productsidentified in Table 1 of Unit II. in a manner inconsistent withany of the Provisions for Disposition of Existing Stocks setforth in Unit VI. will be considered a violation of FIFRA.
V. What is the Agency's Authority for Taking thisAction?
Section 6(f)(1) of FIFRA provides that a registrant of apesticide product may at any time request that any of itspesticide registrations be canceled or amended to terminate oneor more uses. FIFRA further provides that, before acting on therequest, EPA must publish a notice of receipt of any such requestin the Federal Register . Thereafter, following thepublic comment period, the Administrator may approve such arequest.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticideproducts which are currently in the United States and which werepackaged, labeled, and released for shipment prior to theeffective date of the cancellation action.
This cancellation order will not prevent any sale ordistribution of product to any end use registrant or supplementaldistributor ("Distributor") bearing previouslyapproving labeling before December 31, 2007, and will not preventany sale or distribution of such product by retailers.Furthermore, this cancellation order will not prevent the sale ordistribution of such product by Distributors after that date ifsuch sale or distribution is for purposes of (i) return ofmaterial to Amvac, (ii) proper disposal, or (iii) exportconsistent with the requirements of section 17 of FIFRA.
However, with respect to the following uses: Mushroom house(hand held fogger); greenhouse (hand held fogger); warehouse(hand held fogger); crack and crevice use; total release fogger;and lawn, turf and ornamentals, the Agency includes the followingprovisions for the treatment of any existing stocks: Thedistribution, sale or use of any existing stocks of such productswill not be permitted, except the EPA intends to allow the saleor distribution for purposes of (i) return of material to Amvac,(ii) proper disposal, or (iii) export consistent with therequirements of section 17 of FIFRA.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: October 11, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division,Office of Pesticide Programs.
[FR Doc. 06-8764 Filed 10-19-06; 8:45 am]
BILLING CODE 6560-50-S