US Environmental Protection Agency Office of Pesticide Programs Petition for Fenpropathrin March 15, 2005 ------- 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). ------- 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 ------- cc: Johnson ------- |