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Product Cancellation Order for Certain Pesticide Registrations

---
identifier: "/us/fr/2010-19575"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Product Cancellation Order for Certain Pesticide Registrations"
title_number: 0
title_name: "Federal Register"
section_number: "2010-19575"
section_name: "Product Cancellation Order for Certain Pesticide Registrations"
positive_law: false
currency: "2010-08-11"
last_updated: "2010-08-11"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Environmental Protection Agency"
document_number: "2010-19575"
document_type: "notice"
publication_date: "2010-08-11"
agencies:
  - "Environmental Protection Agency"
fr_citation: "75 FR 48669"
fr_volume: 75
docket_ids:
  - "EPA-HQ-OPP-2010-0014"
  - "FRL-8839-9"
effective_date: "2010-08-11"
fr_action: "Notice."
---

#  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: (703) 347-0123; fax number: (703) 308-8090; e-mail address: *[email protected]* .

**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 (703) 305-5805.

**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.

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

| EPA Co. Number | Company Name and Address |
| --- | --- |
| 4 | Bonide Products, Inc. |
| 279 | FMC Corp. Agricultural Products Group |
| 655 | Prentiss, INC. |
| 703 | Buhach Company |
| 2517 | Sergeant's Pet Care Products, Inc. |
| 4822 | S.C. Johnson and Son, Inc. |
| 7405 | CP Aeroscience, Inc. |
| 8536 | Soil Chemicals Corporation |
| 8660 | United Industries Corp. |
| 9816 | Fiebing Company, Inc. |
| 10772 | Church and Dwight Co. Inc. |
| 13799 | Four Paws Products Ltd. |
| 35138 | AeroChem |

**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.