67172 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Notices 

1A sentence was inadvertently omitted from the 

DATES unit which provided a 30–day comment 

period. A correction Notice published in the 

Federal Register of August 3, 2005 (70 FR 44635) 

(FRL–7728–7). 

(703) 305–6502; fax number: (703) 305–

6596; e-mail address: 

sibold.ann@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? 

1. Docket. EPA has established an 

official public docket for this action 

under docket identification (ID) number 

OPP–2005–0144. The official public 

docket consists of the documents 

specifically referenced in this action, 

any public comments received, and 

other information related to this action. 

Although a part of the official docket, 

the public docket does not include 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. The official public 

docket is the collection of materials that 

is available for public viewing at the 

Public Information and Records 

Integrity Branch (PIRIB), Rm. 119, 

Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

to view public comments, access the 

index listing of the contents of the 

official public docket, and to access 

those documents in the public docket 

that are available electronically. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. Once in 

the system, select ‘‘search,’’ then key in 

the appropriate docket ID number. 

II. What Action is the Agency Taking? 

This notice announces the 

cancellation, as requested by the 

registrant, of Hartz Ref 117, an end-use 

product containing phenothrin and smethoprene, labeled as a spot-on to 

control fleas and ticks on cats and 

kittens and registered under section 3 of 

FIFRA. This registration is listed in 

Table 1 of this unit. 

TABLE 1.—PRODUCT CANCELLATION

EPA Registration 

No. Product Name 

2596–148 Hartz Ref 117 

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 CANCELED

PRODUCT

EPA Company No. Company Name and Address 

2596 The Hartz Mountain Corporation, 400 Plaza Drive, 

Secaucus, NJ 07094–

3688 

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 Federal Register Notice1

of July 15, 2005, announcing the 

Agency’s receipt of the request for 

voluntary cancellation of Hartz Ref 117. 

IV. Cancellation Order 

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

cancellation of the registration 

identified in Table 1 of Unit II. 

Accordingly, the Agency orders that the 

product registration identified in Table 

1 of Unit II. is hereby canceled effective 

November 4, 2005. Any distribution, 

sale, or use of existing stocks of the 

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 VI. will be 

considered 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 Administrator may approve such a 

request. 

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 cancellation order issued in this 

Notice includes the following existing 

stocks provisions. 

Products in the United States that 

have been packaged, labeled, and 

released for shipment prior to the 

effective date of the cancellation may be 

sold or distributed by Hartz from its 

facilities until December 31, 2005, and 

may be sold or distributed by persons 

other than Hartz until March 31, 2006. 

After this date, products may not be 

sold or distributed unless for the 

purposes of proper disposal or export. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: October 28, 2005. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 05–22039 Filed 11–3–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7994–3] 

Protection of Stratospheric Ozone: 

Notice of Data Availability; Information 

Concerning the Current and Predicted 

Use of HCFC–22 and HCFC–142b 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of data availability and 

request for comment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making available to the 

public information concerning the 

current and projected use of HCFC–22 

and HCFC–142b, substances known to 

Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Notices 67173 

deplete stratospheric ozone and 

scheduled to be phased out. As a Party 

to the Montreal Protocol on Substances 

that Deplete the Ozone Layer (‘‘Montreal 

Protocol’’) and consistent with the 

requirements of the Clean Air Act 

Amendments of 1990 (‘‘CAAA of 

1990’’), the United States will meet its 

obligations to protect stratospheric 

ozone, including the phasing out of all 

hydrochlorofluorocarbons (HCFCs). The 

next major milestone for the HCFC 

phaseout occurs on January 1, 2010, 

when, pursuant to EPA regulations, no 

person may produce HCFC–22 or 

HCFC–142b except: for use in a process 

that results in the transformation or the 

destruction of the HCFCs; for use in 

equipment manufactured before January 

1, 2010; or for export using either 

Article 5 allowances or export 

production allowances. In addition, no 

person may import HCFC–22 or HCFC–

142b other than transshipments, heels, 

or used HCFC–22 or HCFC–142b except: 

for use in a process that results in the 

transformation or destruction of the 

HCFCs; or for use in equipment 

manufactured prior to January 1, 2010. 

EPA plans to issue regulations before 

January 1, 2010, to set the level of the 

cap on production and import of HCFC–

22 and HCFC–142b that would go into 

effect on that date. Comments submitted 

in response to today’s Notice of Data 

Availability (NODA) may be used as the 

Agency prepares that rulemaking. 

Today, EPA is making available the 

report The U.S. Phaseout of HCFCs: 

Projected Servicing Needs in the U.S. 

Air-Conditioning and Refrigeration 

Sector, prepared by ICF Consulting. The 

information gathered and presented in 

the report concerns air-conditioning end 

uses, refrigeration end-uses, HCFC 

refrigerants, projected HCFC–22 

scenarios, equipment beyond 2010, 

servicing needs beyond 2010, and 

factors that affect projections. Because 

EPA plans to use this information in the 

future when developing regulations, 

EPA wants to provide the public with 

an opportunity to review the 

information and submit comments. 

Readers should note that EPA will only 

consider comments about the 

information presented in The U.S. 

Phaseout of HCFCs: Projected Servicing 

Needs in the U.S. Air-Conditioning and 

Refrigeration Sector and is not soliciting 

comments on any other topic. In 

particular, EPA is not soliciting 

comments on the HCFC phaseout 

established in EPA’s December 10, 1993, 

rulemaking (58 FR 65018). 

DATES: EPA will accept comments on 

the data through January 3, 2006. 

ADDRESSES: Submit your comments, 

identified by EDocket ID No. OAR–

2003–0130 by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http:// 

www.epa.gov/edocket. EDocket, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments. 

• Fax comments to (202) 566–1741. 

• Mail/Hand delivery: Submit 

comments to Air and Radiation Docket 

at EPA West, 1301 Constitution Avenue, 

NW., Room B108, Mail Code 6102T, 

Washington, DC 20460, and Phone: 

(202) 566–1742. 

Instructions: Direct your comments to 

EDocket ID No. OAR–2003–0130. EPA’s 

policy is that all comments received 

will be included in the public docket 

without change and may be made 

available online at http://www.epa.gov/ 

edocket, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through EDOCKET, 

regulations.gov, or e-mail. The EPA 

EDOCKET and the Federal 

regulations.gov Web sites are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment 

directly to EPA without going through 

EDOCKET or regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket visit 

EDOCKET on-line or see the Federal 

Register of May 31, 2002 (67 FR 38102). 

Docket: All documents in the docket 

are listed in the EDOCKET index at 

http://www.epa.gov/edocket. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the Air and Radiation Docket 

EPA/DC, EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Axinn Newberg, EPA, 

Stratospheric Protection Division, Office 

of Atmospheric Programs, Office of Air 

and Radiation (6205J), 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, (202) 343–9729 

or e-mail: newberg.cindy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Outline 

1. What is today’s Action? 

2. What information is EPA making 

available for review and comment? 

3. Where can I get the information? 

4. How is this action related to the 

phaseout of ozone-depleting substances? 

5. What should I consider as I prepare my 

comments for EPA? 

6. What is EPA not taking comment on? 

7. What supporting documentation do I 

need to include in my comments? 

8. Will there be other opportunities to 

provide comment on the information? 

1. What is today’s Action? 

EPA is issuing a NODA for public 

review and comment. In order to meet 

U.S. obligations under the Montreal 

Protocol and consistent with the CAAA 

of 1990, EPA is implementing a gradual 

phase out of HCFCs that targets the most 

damaging HCFCs first. Interested 

readers may wish to review previously 

published Federal Register notices 

concerning the HCFC allowance system: 

the Final Rule (January 21, 2003; 68 FR 

2819), the Proposed Rule (July 20, 2001; 

66 FR 38063), the Direct Final Rule 

(June 17, 2004; 69 FR 34024), the 

Technical Correction of Final Rule (July 

16, 2003; 68 FR 41925), and the 

Advanced Notice of Proposed Rule 

Making (April 5, 1999; 64 FR 16373). 

For more information on the HCFC 

phaseout schedule, readers may consult 

the December 10, 1993 Federal Register 

notice that established the current 

phaseout dates (58 FR 65018), as well as 

the March 18, 1993 Proposed Rule (58 

FR 15014). The next major milestone for 

67174 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Notices 

the phaseout is on January 1, 2010, 

when no person may produce HCFC–22 

or HCFC–142b for any purpose other 

than: 

• For use in a process resulting in the 

transformation or the destruction of the 

HCFCs, 

• For use in equipment manufactured 

before January 1, 2010, or 

• For export using either Article 5 

allowances or export production 

allowances. 

In addition, no person may import 

HCFC–22 or HCFC–142b other than 

transshipments, heels or used HCFC–22 

or HCFC–142b for any purpose other 

than: 

• For use in a process resulting in the 

transformation or destruction of the 

HCFCs, or 

• For use in equipment manufactured 

prior to January 1, 2010. 

EPA intends to issue regulations prior 

to January 1, 2010 to set the level of the 

cap on production and import of HCFC–

22 and HCFC–142b that will go into 

effect on that date. The level of the cap 

will take into account the needs 

described above. 

Today, EPA is making available 

information concerning current and 

projected uses of HCFC–22 and HCFC–

142b, the likely universe of equipment 

manufactured before January 1, 2010 

that may require servicing with HCFC–

22 or HCFC–142b between 2010 and 

2020, and information concerning the 

likely servicing needs for that 

equipment between 2010 and 2020. This 

analysis focuses primarily on HCFC–22 

(also known as R–22) servicing needs in 

the air-conditioning and refrigeration 

industry, the largest HCFC market and 

the largest industry sector using HCFCs 

in the United States. 

2. What information is EPA making 

available for review and comment? 

EPA is making available for review 

and comment a draft report prepared by 

ICF Consulting under contract to EPA, 

The U.S. Phaseout of HCFCs: Projected 

Servicing Needs in the U.S. AirConditioning and Refrigeration Sector. 

3. Where can I get the information? 

All of the information can be obtained 

through the Air Docket (see ADDRESSES

section above for docket contact info). A 

link to the report The U.S. Phaseout of 

HCFCs: Projected Servicing Needs in the 

U.S. Air-Conditioning and Refrigeration 

Sector will be on the EPA Web site: 

www.epa.gov/ozone. 

4. How is this action related to the 

phaseout of ozone-depleting 

substances? 

The table below summarizes the U.S. 

phaseout schedule for HCFCs, as set 

forth in EPA regulations to ensure 

compliance with both the Montreal 

Protocol and the CAAA of 1990. Readers 

should consult the regulations at 40 CFR 

82.16 for further details (e.g., exceptions 

for amounts produced for export using 

certain specialized types of allowances). 

HCFC PHASEOUT SCHEDULE

Date Affected substances Restriction 

Jan. 1, 2003 .................................... HCFC–141b ................................... No production and no import of HCFC–141b. 

Jan. 1, 2010 .................................... HCFC–142b, HCFC–22 ................. No production and no import of HCFC–142b and HCFC–22, except 

for use in equipment manufactured before 1/1/2010. 

Jan. 1, 2015 .................................... All Other HCFCs ............................ No production and no import of any other HCFCs, except for use as 

a refrigerant in equipment manufactured before 1/1/2020. 

Jan. 1, 2020 .................................... HCFC–142b, HCFC–22 ................. No production and no import of HCFC–142b and HCFC–22. 

Jan. 1, 2030 .................................... All Other HCFCs ............................ No production and no import of any HCFCs. 

The information made available today 

concerns projections that will assist 

EPA as it prepares to propose regulation 

concerning the January 1, 2010 

milestone. 

5. What should I consider as I prepare 

my comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible. 

2. Describe any assumptions that you 

used. 

3. Provide any technical information 

or data you used that support your 

views. 

4. If you estimate potential burden or 

costs, explain how you arrived at your 

estimate. 

5. Provide specific examples to 

illustrate your concerns. 

6. Offer alternatives. 

7. Make sure to submit your 

comments by the comment period 

deadline identified. 

8. To ensure proper receipt by EPA, 

identify the appropriate docket 

identification number in the subject line 

on the first page of your response. It 

would also be helpful if you provided 

the name, date, and Federal Register 

citation related to your comments. 

6. What is EPA not taking comment on? 

EPA is only accepting comments on 

accuracy and completeness of the 

information outlined in today’s Federal 

Register Notice and contained in the 

report The U.S. Phaseout of HCFCs: 

Projected Servicing Needs in the U.S. 

Air-Conditioning and Refrigeration 

Sector. EPA is not accepting comment 

on the following: 

• HCFC phaseout established in 

EPA’s December 10, 1993 rulemaking 

(58 FR 65018), 

• The Allowance System for 

Controlling HCFC Production, Import 

and Export, or 

• The commitments of the U.S. as a 

Party to the Montreal Protocol. 

7. What supporting documentation do I 

need to include in my comments? 

Please provide any published studies 

or raw data supporting your position. 

8. Will there be other opportunities to 

provide comment on the information? 

EPA may schedule a public meeting 

for stakeholders concerning the report, 

The U.S. Phaseout of HCFCs: Projected 

Servicing Needs in the U.S. AirConditioning and Refrigeration Sector, 

after January 3, 2006 to continue a 

dialogue regarding the information 

presented in the report. If a public 

meeting is scheduled, information 

concerning that meeting will be 

available on the EPA Web site: 

www.epa.gov/ozone. 

Dated: October 27, 2005. 

Edward Callahan, 

Acting Director, Office of Atmospheric 

Programs, Office of Air and Radiation, U.S. 

Environmental Protection Agency. 

[FR Doc. 05–22036 Filed 11–3–05; 8:45 am] 

BILLING CODE 6560–50–P