US Environmental Protection Agency
Office of Pesticide Programs
Petition for Fenpropathrin
March 15, 2005
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March ! 5, 2005
Establishing New Exclusive Use
Protection Period for Data Submitted
to Support the Registration of
Danitol 2,4 EC Spray
on Minor Crops
DANITOL 2.4 EC Spray
EPA Reg, No. 59639-35
DANITOL Technical
EPA Reg. No. 59636-76
Ms. Lois A. Rossi
Director, Registration Division (H7505C)
Document Processing Desk
Office of Pesticide Programs
U.S. Environmental Protection Agency
Room 266A, Crystal Mall 2
1801 South Bell Street
Arlington, Virginia 22202
Dear Ms. Rossi:
Valent U.S.A. Corporation is pleased to submit a petition to establish exclusive use
protection for all data submitted to support amendments that add new minor uses to the
registration of fenpropathrin (Danitol 2.4 EC Spray), which currently does not retain any
period of exclusive use.
The minor use ten-year exclusivity statute noted above is established under FIFRA
Section 3(c)(l)(F)(vi). Valent U.S.A. Corporation hereby asserts that the initial exclusive
use period for fenpropathrin expired on December 22, 1999, and that data listed below
pertaining solely to the addition of the following minor uses is eligible for an additional
ten years exclusive use protection - currants, succulent peas, fruiting vegetables
(crop group 8 except tomatoes), bushberries (crop group 13B), stone fruit (crop group 12)
and nuts (crop group 14).
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To the best of our knowledge, Danltoi technical (39398-16) and Danitoi 2,4 EC Spray
(39398-17) were first registered on December 22, 1989 by Valent U.S.A. Corporation as
the registration for Sumitomo Chemical and Chevron Chemical. On March 3,
1992, EPA approved the transfer of these registrations from Sumitomo Chemical to
Valent U.S.A. Corporation (letter attached). Thus, the original exclusive use period
expired for all uses submitted up until December 22, 1999,
The table below provides all data that was submitted to the Agency to support minor uses
and includes the specific MRID numbers for which Valent U.S.A. Corporation is
requesting data exclusivity. Please note that minor uses arc defined as those with less
than 300,000 acres, or those meeting the "economic incentive" definition established at
FIFRA Section 2(11)(2),
nJ^
Subniittal
Date
June 2001
April 2003
October
2004
New Minor Uses
Currants, succulent
peas, fruiting
vegetables (except
tomatoes)
Bushberries
Stone fruit and
tree nuts
Date Exclusivity
Should Expire
June 201 1
April 201 3
October 20 14
Comments
Pepper submitted
to complete Crop
Group 8
Bushberry
subgroup (13B)
Crop groups 12
(peaches, plums,
and cherries) and
14 almonds and
pecans)
MRID
Numbers
45668700
45317200
45454700
45454701
45439801
45919601
46385301
46385302
46385303
46385304
46385305
46385306
Thank you for your consideration of our request to establish a new ten year exclusive use
data protection period for all data submitted to support amendments that add new minor
uses to the registration of fenpropathrin (Danitoi 2.4 EC Spray). Please provide a written
response to verily this request at your earliest convenience.
If you have any questions, please contact roe by phone at 202-872-4682 or e-mail at
eric.maurer@valent.com.
Sincerely,
Eric J. Maurer
Federal Registration Manager
Valent U.S.A. Corporation
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cc: Johnson
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