[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Notices]
[Pages 61121-61123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24271]
[[Page 61121]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0525; FRL-8395-6]
Carbaryl; Notice of Receipt of Requests to Voluntarily Cancel or
to Terminate Uses of 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 requests from Loveland Products, Inc., Value
Garden Supply, and Helena Chemical Company to voluntarily amend their
registrations to terminate uses of certain carbaryl products, or to
eliminate certain application methods for carbaryl products. The
requests would terminate carbaryl use in or on wheat, millet, and
fresh/succulent beans and peas (crop subgroup 6B). These requests would
also terminate the use of drench or dip treatments of seedlings or seed
pieces, dust formulations in agricultural crops, granular applications
to leafy vegetables (except brassica), direct applications (except for
flea collars) to domestic animals (including dogs, cats, and other
pets), and all indoor applications. The requests would not terminate
the last carbaryl products registered for use in the United States. EPA
intends to grant these requests 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
requests, or unless the registrants withdraw their requests within this
period. Upon acceptance of these requests, 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 November 14, 2008.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0525, 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), U.S. 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 Facility'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-
2008-0525. 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 regulations.gov website 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 at http://www.regulations.gov. 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: Christina Scheltema, Special Review
and Reregistration Division (7508P), Office of Pesticide Programs, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-2201; fax
number: (703) 308-8005; e-mail address: [email protected].
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. 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
[[Page 61122]]
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 Requests to Cancel and to Amend
Registrations to Terminate Uses
This notice announces receipt by EPA of requests from three
registrants, listed in Table 2 below, to amend several carbaryl product
registrations to terminate certain uses and eliminate certain
application methods. Carbaryl is a broad-spectrum insecticide used on a
variety of food and feed crops, ornamentals, turf, pasture, and
rangeland. In letters dated September 2008, registrants of carbaryl
products requested EPA to amend the product registrations identified in
Table 1 of this notice to terminate certain uses and eliminate certain
application methods. Specifically, these registrants are no longer
supporting carbaryl use in or on wheat, millet, and fresh/succulent
beans and peas (crop subgroup 6B). These requests would also terminate
the use of drench or dip treatments of seedlings or seed pieces, dust
formulations in agricultural crops, granular applications to leafy
vegetables (except brassica), direct applications (except for flea
collars) to domestic animals (including dogs, cats, and other pets),
and all indoor applications. The complete list of affected
registrations and registrants are identified in Tables 1 and 2,
respectively. EPA's action on these requests will not terminate the
last carbaryl products registered in the United States, or the last
pesticide products registered in the United States for these uses.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of requests from various
registrants to amend certain carbaryl product registrations to
terminate various uses. The affected products, uses, and the
registrants making the requests 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.
2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
All of the carbaryl registrants listed in Table 2 have 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 or amending the affected registrations
in the following Table 1.
Table 1.--Carbaryl Product Registrations with Pending Requests for
Amendments
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Uses Being
Registration Number Product Name Terminated
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769-574 Suregard Brand Pea and bean,
Sevin 80S succulent shelled
Carbaryl (subgroup 6B);
Insecticide preplant dip
(sweet potato);
wheat
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769-728 Sevin Brand Pea and bean,
Carbaryl succulent shelled
Insecticide 5% (subgroup 6B);
Turf Insecticide leafy vegetables
Granules (except brassica)
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769-971 Sevin Brand 80% DB Pea and bean,
succulent shelled
(subgroup 6B);
preplant dip
(sweet potatoes);
use of dust
formulations in
agricultural
crops; wheat
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769-972 Security Brand 50% Pea and bean,
Sevin Wettable succulent shelled
(subgroup 6B)
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769-976 Sevin Brand Leafy vegetables
Carbaryl (except brassica)
Insecticide 2%
Granular
Insecticide
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5887-43 Black Leaf Sevin Pea and bean,
Brand Carbaryl succulent shelled
Insecticide (subgroup 6B);
direct
application to
domestic animals
(dogs and cats)
and their
dwellings/
premises
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5905-251 Helena Sevimol 4 Pea and bean,
Carbaryl succulent shelled
Insecticide (subgroup 6B)
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34704-289 10% Sevin Granules Pea and bean,
succulent shelled
(subgroup 6B);
leafy vegetables
(except brassica)
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34704-447 Carbaryl 4L Pea and bean,
succulent shelled
(subgroup 6B);
millet; wheat;
sweet potato
preplant root or
seedling dips or
drenches; all
indoor
applications
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Table 2 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 of this unit.
Table 2.--Registrants Requesting Voluntary Cancellation and/or
Amendments
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EPA Company Number Company Name and Address
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769 Value Garden Supply
9100 W. Bloomington Freeway
Suite 113
Bloomington, MN 55431
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5887 Value Garden Supply
9100 W. Bloomington Freeway
Suite 113
Bloomington, MN 55431
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5905 Helena Chemical Company
225 Schilling Boulevard
Suite 300
Collierville, TN 38017
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34704 Loveland Products, Inc.
7251 W 4th Street (80634)
P.O. Box 1286
Greeley, CO 80632-1286
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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 Carbaryl
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 November 14, 2008. 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 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 which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action.
In any order issued in response to these requests for cancellation
of product registrations and for amendments to terminate uses, the
Agency proposes to include the following provisions for the treatment
of any existing stocks of the products indentified or referenced in
Table 1. Provided that these stocks bear labels previously approved by
EPA, registrants may sell and distribute existing stocks of the
affected products for 18 months from the effective date of the Agency's
termination order.
If the request for voluntary cancellation and/or use termination is
granted as discussed in this unit, 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 canceled 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 canceled product. The order will specifically prohibit any use of
existing stocks that is not consistent with such previously approved
labeling. EPA intends to publish the cancellation order in the Federal
Register after the end of the 30-day comment period for this notice.
List of Subjects
Environmental protection, Pesticides and pests, Carbaryl,
SEVIN[reg].
Dated: October 1, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-24271 Filed 10-14-08; 8:45 am]
BILLING CODE 6560-50-S