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[Federal Register: September 3, 2010 (Volume 75, Number 171)]
[Notices]               
[Page 54147-54148]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se10-60]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0452; FRL-8842-6]

 
Product Cancellation Order for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellation of the 
product, Biter Fighter, pursuant to section 6(f)(1) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. The 
cancellation was voluntarily requested by the registrant, Ticks and 
Mosquitoes, LLC., and accepted by EPA. This cancellation order follows 
a June 9, 2010 Federal Register Notice of Receipt of Request from the 
registrant to voluntarily cancel this product registration. In the June 
9, 2010 notice, EPA indicated that it would issue an order implementing 
the cancellation, unless the Agency received substantive comments 
within the 30 day comment period that would merit its further review of 
this request, or unless the registrant withdrew his request. The Agency 
did not receive any comments on the notice. Further, the registrant did 
not withdraw his request. Accordingly, EPA hereby issues in this notice 
a cancellation order granting the requested cancellation. Any 
distribution, sale, or use of the 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 is effective September 3, 2010.

FOR FURTHER INFORMATION CONTACT:  Leonard Cole, Biopesticides and 
Pollution Prevention Division (7511P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-5412; fax 
number: (703) 305-0118; e-mail address: cole.leonard@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-2010-0452. 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 of the product, Biter 
Fighter, EPA Registration Number 75771-1, registered under FIFRA 
section 3. Cancellation of the product, Biter Figher, containing the 
chemicals calcium lactate and urea, was requested by the registrant, 
Ticks or Mosquitoes,

[[Page 54148]]

LLC , 905 S. Kings Highway, Sikeston, MO 63801.

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 June 9, 2010 Federal Register notice announcing the 
Agency's receipt of the request for voluntary cancellation of this 
product.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellation of the registration of the product, Biter Fighter, EPA 
Registration Number 75771-1. Accordingly, the Agency hereby orders that 
the product registration is canceled. The effective date of the 
cancellation that is the subject of this notice is September 3, 2010. 
Any distribution, sale, or use of existing stocks of the product, Biter 
Fighter, EPA Registration Number 75771-1, 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 of requests to voluntarily cancel 
the registration of Biter Fighter was published for comment in the 
Federal Register issue of June 9, 2010 (75 FR 32766) (FRL-8828-1). The 
comment period closed on July 9, 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 product 
subject to this order are as follows.
     The registrant may continue to sell and distribute existing stocks 
of Biter Fighter, EPA Registration Number 75771-1, until September 6, 
2011, which is 1 year after the publication of this Cancellation Order 
in the Federal Register. Thereafter, the registrant is prohibited from 
selling or distributing Biter Fighter, except for export in accordance 
with FIFRA section 17, or proper disposal. Persons other than the 
registrant may sell, distribute, or use existing stocks of Biter 
Fighter 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 product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 23, 2010.
W. Michael McDavit.
 Acting Director, Biopesticides and Pollution Prevention Division, 
Office of Pesticide Programs.

[FR Doc. 2010-21952 Filed 9-2-10; 8:45 am]
BILLING CODE 6560-50-S
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