[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Pages 3586-3587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01182]

[[Page 3586]]



[EPA-HQ-OPP-2009-0207; FRL-9904-26]

Notice of Receipt of Requests To Voluntarily Cancel Certain 
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: In accordance with the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests 
by registrants to voluntarily cancel certain pesticide registrations. 
The registrants submitting voluntary requests for cancellation are 
Sergeant's Pet Care Products, Inc. (Sergeant's) and Wellmark 
International (Wellmark). Regarding Sergeant's, 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 its request. The cancellations for the 
Sergeant's propoxur products will not become effective before April 1, 
2015, as described in Unit II. of this document. Regarding Wellmark, 
EPA intends to grant this request, if appropriate, according to the 
terms of the request, unless the Agency receives substantive comments 
within the comment period that would merit its further review of the 
request, or unless the registrant withdraws its request. If EPA grants 
Wellmark's voluntary request for cancellation, the cancellations for 
the Wellmark propoxur products will not become effective before April 
1, 2015, as described in Unit II. of this document. Regarding both 
Sergeant's and Wellmark, if these cancellation requests are granted, 
the Agency will issue cancellation orders that will prescribe 
conditions pertaining to the sale, distribution, and use of existing 
stocks of cancelled products, as discussed in Unit V. of this document. 
For more information regarding the specific details of these voluntary 
cancellation requests, please see the registrants' requests, available 
in docket number EPA-HQ-OPP-2009-0207.

DATES: Comments must be received on or before February 21, 2014.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2009-0207, 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 
    Submit written withdrawal request by mail to: Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001. ATTN: Kaitlin Keller.
     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.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

Evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8172; email 
address: [email protected].


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.

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 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 
    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. What action is the agency taking?

    This notice announces receipt by the Agency of requests from 
Sergeant's Pet Care Products, Inc. (Sergeant's) and Wellmark 
International (Wellmark) to cancel all 7 propoxur pet collar products 
registered under FIFRA section 3. Propoxur is an N-methyl residual 
carbamate insecticide registered for use to control ticks, fleas, and a 
variety of insects including crickets, ants, wasps, cockroaches, and 
silverfish. It is registered for use in-and-around industrial, 
commercial (including food handling establishments and food processing 
plants), and residential facilities. Residential uses include bait 
traps, pastes, pet collars, and impregnated shelf paper. There are no 
labeled agricultural uses.
    Sergeant's requested that EPA cancel its product registrations 
identified in Table 1 of this notice, such cancellations not to be 
effective before April 1, 2015. Wellmark requested that EPA cancel its 
product registrations identified in Table 1 of this notice, if 
appropriate according to the terms and conditions of the request, such 
cancellations not to be effective before February 1, 2015. Per a 
follow-up discussion on November 21, 2013, the Agency and Wellmark 
agreed to an extension of Wellmark's potential effective cancellation 
date to April 1,

[[Page 3587]]

2015. These registrations are listed in sequence by registration number 
in Table 1 of this unit.
    Unless the Agency determines that there are substantive comments 
that warrant further review of the requests or the registrants withdraw 
their requests, EPA intends to issue orders in the Federal Register 
canceling all of the affected registrations, if appropriate, according 
to the terms and conditions outlined in the registrants' requests for 

      Table 1--Registrations With Pending Requests for Cancellation
   Registration No.            Product name             Chemical name
2517-61...............  Sergeant's Dual Action      Propoxur, MGK 264,
                         Flea & Tick Collar (With    Phenothrin.
2517-78...............  Sergeant's Sendran Flea &   Propoxur.
                         Tick Collar.
2517-144..............  Sergeant's 933 Plus Flea &  Propoxur, MGK 264,
                         Tick Collar (With D-        Phenothrin,
                         Phenothrin and              Pyriproxyfen.
2724-254..............  Dog Collar for Flea         Propoxur.
2724-275..............  Propoxur Flea Collar for    Propoxur.
                         Cats RF-101.
2724-491..............  RF 9907 Flea Collar for     Propoxur, S-
                         Cats and Kittens.           Methoprene.
2724-493..............  RF-2007 Collar............  Propoxur, S-

    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 this unit.

         Table 2--Registrants Requesting Voluntary Cancellation
        EPA Company No.                  Company name and address
2517...........................  Sergeant's Pet Care Products, Inc.,
                                  10077 South 134th St., Omaha, NE
2724...........................  Wellmark International, 1501 E.
                                  Woodfield Rd., Suite 200 West,
                                  Schaumburg, IL 60173.

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 canceled. FIFRA further provides that, before acting on the request, 
EPA must publish a notice of receipt of any such request in the Federal 
    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, FIFRA section 6(f)(1)(C) provides for the 
possibility of a 180-day comment period where the voluntary 
cancellation involves a pesticide registered for at least one minor 
agricultural use. Because propoxur is not registered for any minor 
agricultural uses, this 180-day comment provision does not apply, and 
EPA is providing a 30-day comment period on the requests for voluntary 
cancellation of the propoxur registrations.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation 
should submit such withdrawal in writing to the person listed under FOR 

V. 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 
cancellation action.
    In any order issued in response to these requests for cancellation 
of product registrations, EPA anticipates inclusion of the following 
provisions for the treatment of any existing stocks of the products 
identified in Table 1 of Unit II.: Sergeant's and/or Wellmark may not 
``release for shipment,'' as that term is defined by 40 CFR 152.3, any 
additional product as currently formulated after April 1, 2015, and may 
not sell or distribute existing stocks of such product after April 1, 
2016. All sale or distribution of such existing stocks by Sergeant's 
and/or Wellmark is prohibited after April 1, 2016, unless that sale or 
distribution is solely for the purpose of facilitating disposal or 
export of the product consistent with FIFRA section 17.
    After April 1, 2016, persons other than the registrants will 
generally be allowed to sell, distribute, or use existing stocks until 
such 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, Propoxur.

    Dated: January 13, 2014.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
[FR Doc. 2014-01182 Filed 1-21-14; 8:45 am]