```

[Federal Register: April 14, 2010 (Volume 75, Number 71)]
[Notices]               
[Page 19390-19391]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap10-64]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0246; FRL-8820-9]

 
Cydia Pomonella Granulovirus; Product Cancellation Order for a 
Pesticide Registration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces EPA's cancellation order of a product 
containing the pesticide, Cydia pomonella granulovirus, pursuant to 
section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), as amended. This cancellation order follows the December 31, 
2009, expiration of a conditional, time-limited registration. This is 
not the last Cydia pomonella granulovirus product registered for use in 
the United States. Any distribution, sale, or use of the Cydia 
pomonella granulovirus product subject to this cancellation order is 
permitted only in accordance with the terms of this order, including 
any existing stocks provisions.

DATES: The cancellation of the product listed in Table 1 of Unit II. 
was effective December 31, 2009.

FOR FURTHER INFORMATION CONTACT: Jeannine Kausch, Biopesticides and 
Pollution Prevention Division (7511P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 347-8920; fax 
number: (703) 305-0118; e-mail address: kausch.jeannine@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 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-2010-0246. 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 expiration of a Cydia pomonella 
granulovirus end-use product registered under section 3 of FIFRA. 
Furthermore, this notice serves as a cancellation order and provides 
terms governing the distribution, sale, and use of existing stocks of 
the affected product. This registration is listed in Table 1 of this 
unit.

      Table 1.-- Cydia pomonella granulovirus Product Cancellation
------------------------------------------------------------------------
          EPA Registration Number                   Product Name
------------------------------------------------------------------------
72898-3                                     VirosoftCP4
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrant of the product in Table 1 of this unit.

             Table 2.-- Registrant of the Cancelled Product
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
72898                                       Biotepp, Incorporated
                                            575 Viewridge Drive
                                            Angwin, CA 94508
------------------------------------------------------------------------

III. Cancellation Order

    Pursuant to FIFRA section 3, EPA hereby announces the expiration of 
the Cydia pomonella granulovirus registration identified in Table 1 of 
Unit II. The Agency considers the expiration of a conditional, time-
limited registration to be a cancellation under section 3 of FIFRA, for 
purposes of section 6(a)(1) of FIFRA. Any distribution, sale, or use of 
existing stocks of the cancelled product 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 IV. will be considered a violation 
of FIFRA.

IV. Provisions for Disposition of Existing Stocks

     Existing stocks are those stocks of a registered pesticide product 
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. The cancellation order issued in this notice 
includes the following existing stock provisions:
    1. The registrant may continue to sell or distribute existing 
stocks of the Cydia pomonella granulovirus product identified in Table 
1 of Unit II. with previously approved labeling until June 30, 2011.
     2. Persons other than the registrant may continue to sell or 
distribute existing stocks of the Cydia pomonella granulovirus product 
listed in Table 1 of Unit II. with previously approved labeling until 
such stocks are exhausted.
     3. Persons other than the registrant may use existing stocks of 
the Cydia pomonella granulovirus product listed in Table 1 of Unit II. 
until existing stocks are exhausted. Any use of existing stocks must be 
in a manner consistent with the previously approved labeling for that 
product.

List of Subjects

    Environmental protection, Pesticides and pests, Cancellation order.


[[Page 19391]]


    Dated: April 6, 2010.
 W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division, 
Office of Pesticide Programs.

[FR Doc. 2010-8521 Filed 4-13-10; 8:45 am]
BILLING CODE 6560-50-S
```