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Benzyl Benzoate; Notice of Receipt of Request to Voluntarily Cancel Certain Pesticide Registrations
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 25, 2007 (Volume 72, Number 142)]
[Notices]
[Page 40859-40861]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jy07-66]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-0470; FRL-8140-7]
Benzyl Benzoate; Notice of Receipt of Request to Voluntarily
Cancel Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In accordance with section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is
issuing a notice of receipt of a request by the registrant to
voluntarily cancel their registrations to terminate uses of certain
products containing the pesticide benzyl benzoate. The request would
not terminate the last benzyl benzoate products registered for use in
the U.S. EPA intends to grant this request at the close of the comment
period for this announcement unless the Agency receives substantive
comments within the comment period that would merit its further review
of the request, or unless the registrant withdraws their request within
this period. Upon acceptance of this request, any sale, distribution,
or use of products listed in this notice will be permitted only if such
sale, distribution, or use is consistent with the terms as described in
the final order.
DATES: Comments must be received on or before August 24, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0470, by one of the following methods:
• Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
• Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
• Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0470. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, 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 regulations.gov or e-
mail. The Federal regulations.gov Web site is an ``anonymous access''
system, 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
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the 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.
Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
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 in the
electronic docket at http://www.regulations.gov, or, if only available
in hard copy, at the 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.
FOR FURTHER INFORMATION CONTACT: Laura Parsons, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 305-5776; fax
number: (703) 308-7070; e-mail address: parsons.laura@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.
[[Page 40860]]
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background on the Receipt of Request to Cancel and/or Amend
Registrations to Delete Uses
This notice announces receipt by EPA of a request from registrant
S.C. Johnson and Son, Inc. to cancel and to terminate uses of two
benzyl benzoate product registrations. Benzyl benzoate, a member of the
benzyl derivative family, is an insecticide/miticide used to control
dust mites in carpets, mattresses, upholstery, and on furniture, as
well as for control of mites on dogs. In a letter dated June 6, 2007,
S.C. Johnson and Son, Inc. requested EPA to cancel affected product
registrations identified in this notice (Table 1). Specifically, on
January 13, 2000, S.C. Johnson and Son, Inc. issued an immediate
voluntary recall of Allercare Dust Mite Powder (Raid Product 319) and
Allercare dust Mite Allergen Spray for Carpet and Upholstery (Raid
Product 420). The recall was prompted by numerous reports of adverse
health reactions in human and pets exposed to the products. S.C.
Johnson and Son, Inc. has requested the cancellation of the
registrations of two products, Raid Product 319 and Raid Product 420.
The products have not been marketed since the 2000 recall. The
cancellation will include no existing stocks provisions.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from a registrant
to cancel benzyl benzoate product registrations. The affected products
and the registrant making the request are identified in Tables 1 and 2
of this unit.
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or termination of any minor
agricultural use before granting the request, unless:
1. The registrants request a waiver of the comment period, or
2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
The benzyl benzoate registrant has requested that EPA waive the
180-day comment period. EPA will provide a 30-day comment period on the
proposed requests.
Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling the affected registrations.
Table 1.--Benzyl Benzoate Product Registrations with Pending Requests
for Cancellation
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Registration No. Product name Company
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4822-433 Raid Product 319 S.C. Johnson and
Son, Inc.
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4822-480 Raid Product 420 S.C. Johnson and
Son, Inc.
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Table 2 of this unit includes the name and address of record for
the registrant of the products listed in Table 1 of this unit.
Table 2.--Registrants Requesting Voluntary Cancellation
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EPA Company No. Company name and address
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4822 S.C. Johnson and Son,
Inc.1525 Howe StreetRacine,
WI 53403-2236
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IV. 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.
V. Procedures for Withdrawal of Request and Considerations for
Reregistration of Benzyl Benzoate
Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before August 24, 2007. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) request listed in this notice. If
the products(s) have been subject to a previous cancellation action,
the effective date of cancellation and all other provisions of any
earlier cancellation action are controlling.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and
[[Page 40861]]
which were packaged, labeled, and released for shipment prior to the
effective date of the cancellation action.
If the request for voluntary cancellation is granted as discussed
above, the Agency intends to issue a cancellation order that will allow
persons other than the registrant to continue to sell and/or use
existing stocks of cancelled products until such stocks are exhausted,
provided that such use is consistent with the terms of the previously
approved labeling on, or that accompanied, the cancelled product. The
order will specifically prohibit any use of existing stocks that is not
consistent with such previously approved labeling. If, as the Agency
currently intends, the final cancellation order contains the existing
stocks provision just described, the order will be sent only to the
affected registrants of the cancelled products. If the Agency
determines that the final cancellation order should contain existing
stocks provisions different than the ones just described, the Agency
will publish the cancellation order in the Federal Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: July 17, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-14290 Filed 7-24-07; 8:45 am]
BILLING CODE 6560-50-S