68036 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 

for the pesticide, ethofumesate under 

section 4(g)(2)(A) of FIFRA. EPA has 

determined that the data base to support 

reregistration is substantially complete 

and that products containing 

ethofumesate are eligible for 

reregistration, provided the risks are 

mitigated either in the manner 

described in the RED or by another 

means that achieves equivalent risk 

reduction. Upon submission of any 

required product-specific data under 

section 4(g)(2)(B) and any necessary 

changes to the registration and labeling 

(either to address concerns identified in 

the RED or as a result of productspecific data), EPA will make a final 

reregistration decision under section 

4(g)(2)(C) for products containing 

ethofumesate.

EPA must review tolerances and 

tolerance exemptions that were in effect 

when the Food Quality Protection Act 

(FQPA) was enacted in August 1996, to 

ensure that these existing pesticide 

residue limits for food and feed 

commodities meet the safety standard 

established by the new law. Tolerances 

are considered reassessed once the 

safety finding has been made or a 

revocation occurs. EPA has reviewed 

and made the requisite safety finding for 

the ethofumesate tolerances included in 

this notice.

EPA is applying the principles of 

public participation to all pesticides 

undergoing reregistration and tolerance 

reassessment. The Agency’s Pesticide 

Tolerance Reassessment and 

Reregistration; Public Participation 

Process, published in the Federal 

Register on May 14, 2004 (69 FR 26819) 

(FRL–7357–9), explains that in 

conducting these programs, EPA is 

tailoring its public participation process 

to be commensurate with the level of 

risk, extent of use, complexity of issues, 

and degree of public concern associated 

with each pesticide. Due to its uses, 

risks, and other factors, ethofumesate 

was reviewed through the modified 4-

Phase process. Through this process, 

EPA worked extensively with 

stakeholders and the public to reach the 

regulatory decisions for ethofumesate.

The reregistration program is being 

conducted under Congressionally 

mandated time frames, and EPA 

recognizes the need both to make timely 

decisions and to involve the public. The 

Agency is issuing the ethofumesate RED 

for public comment. This comment 

period is intended to provide an 

additional opportunity for public input 

and a mechanism for initiating any 

necessary amendments to the RED. All 

comments should be submitted using 

the methods in Unit I. of the 

SUPPLEMENTARY INFORMATION, and must 

be received by EPA on or before the 

closing date. These comments will 

become part of the Agency Docket for 

ethofumesate. Comments received after 

the close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments.

The Agency will consider all 

comments received by the closing date 

and will provide a Response to 

Comments Memorandum in the Docket 

and electronic EDOCKET. If any 

comment significantly affects the 

document, EPA also will publish an 

amendment to the RED in the Federal 

Register. In the absence of substantive 

comments requiring changes, the 

ethofumesate RED will be implemented 

as it is now presented.

B. What is the Agency’s Authority for 

Taking this Action?

Section 4(g)(2) of FIFRA as amended 

directs that, after submission of all data 

concerning a pesticide active ingredient, 

‘‘the Administrator shall determine 

whether pesticides containing such 

active ingredient are eligible for 

reregistration,’’ before calling in 

product-specific data on individual enduse products and either reregistering 

products or taking other ‘‘appropriate 

regulatory action.’’

Section 408(q) of the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 21 

U.S.C. 346a(q), requires EPA to review 

tolerances and exemptions for pesticide 

residues in effect as of August 2, 1996, 

to determine whether the tolerance or 

exemption meets the requirements of 

section 408(b)(2) or (c)(2) of FFDCA. 

This review is to be completed by 

August 3, 2006.

List of Subjects

Environmental protection, Pesticides 

and pests.

Dated: October 13, 2005.

Debra Edwards,

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs.

[FR Doc. 05–22107 Filed 11–8–05; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY

[OPP–2005–0173; FRL–7744–6]

Phenothrin; Amendment to Terminate 

Use

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces EPA’s 

order for the amendment to terminate 

use, voluntarily requested by the 

registrant and accepted by the Agency, 

of a product containing the pesticide 

phenothrin, pursuant to section 6(f)(1) 

of the Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA), as 

amended. This order follows a July 20, 

2005 (corrected August 3, 2005) Federal 

Register Notice of Receipt of a Request 

from the registrant Hartz Mountain 

Corporation to voluntarily amend to 

terminate certain uses of their product 

Hartz Ref 119. The use of this product 

as a spot-on for cats and kittens will be 

terminated. In the July 20, 2005 Notice, 

EPA indicated that it would issue an 

order implementing the amendment to 

terminate use no earlier than October 

31, 2005. EPA further indicated that the 

request for termination of use was 

irrevocable. The Agency did not receive 

any comments on the Notice. 

Accordingly, EPA hereby issues in this 

Notice an order granting the requested 

amendment to terminate use. Any 

distribution, sale, or use of the product 

Hartz Ref 119 is permitted only in 

accordance with the terms of this order, 

including any existing stocks 

provisions.

DATES: The order to terminate use is 

effective November 9, 2005.

FOR FURTHER INFORMATION CONTACT: Ann 

Sibold, Registration Division (7505C), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

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

9596; 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 

Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 68037

1A sentence was inadvertenly omitted from the 

DATES unit which provided a 30–day public 

comment period. It also inadvertenly omitted an 

ADDRESSES unit for the submission of comments. A 

correction Notice published in the Federal Register

of August 3, 2005 (70 FR 44636) (FRL–7728–8).

OPP–2005–0173. 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, to 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 

amendment to terminate use, as 

requested by the registrant, of Hartz Ref 

119, an end-use product containing 

phenothrin as a spot-on to control fleas 

and ticks on cats and kittens, registered 

under section 3 of FIFRA. This 

registration is listed in Table 1 of this 

unit.

TABLE 1.—PRODUCT REGISTRATION

AMENDMENT TO TERMINATE USE

EPA Registration No. Product Name 

2596–151 Hartz Ref 119

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 AMENDED

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 July 20, 2005 Federal 

Register Notice1 (70 FR 41717) (FRL–

7724–1) announcing the Agency’s 

receipt of the request for an amendment 

to terminate the affected use of Hartz 

Ref 119.

IV. Order

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

amendment to terminate the affected 

use of the Hartz Ref 119 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 amended to 

terminate the affected use effective 

November 9, 2005. 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 

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 order to terminate 

use. The 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 order terminating 

use on cats and kittens may be sold or 

distributed by Hartz from its facilities 

until December 31, 2005. After 

December 31, 2005, Hartz may not sell 

or distribute product labeled for use on 

cats and kittens. Products labeled for 

use on cats and kittens may be sold or 

distributed by persons other than the 

registrant until March 31, 2006. After 

this date, products so labeled 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. 05–22256 Filed 11–8–05; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY

[OPPT–2005–0056; FRL–7745–4]

Certain New Chemicals; Receipt and 

Status Information

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: Section 5 of the Toxic 

Substances Control Act (TSCA) requires 

any person who intends to manufacture 

(defined by statute to include import) a 

new chemical (i.e., a chemical not on 

the TSCA Inventory) to notify EPA and 

comply with the statutory provisions 

pertaining to the manufacture of new 

chemicals. Under sections 5(d)(2) and 

5(d)(3) of TSCA, EPA is required to 

publish a notice of receipt of a 

premanufacture notice (PMN) or an 

application for a test marketing 

exemption (TME), and to publish 

periodic status reports on the chemicals 

under review and the receipt of notices 

of commencement to manufacture those 

chemicals. This status report, which 

covers the period from September 26, 

2005 to October 14, 2005, consists of the 

PMNs pending or expired, and the 

notices of commencement to 

manufacture a new chemical that the 

Agency has received under TSCA 

section 5 during this time period.