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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