[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Notices]
[Pages 66642-66644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29894]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0347; FRL-8803-9]
Carbaryl; Product Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This Notice announces EPA's order for the cancellations,
voluntarily
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requested by the registrant and accepted by the Agency, of products
containing the pesticide, carbaryl, pursuant to section 6(f)(1) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. This cancellation order follows an October 21, 2009 Federal
Register Notice of Receipt of Request from the carbaryl registrant to
voluntarily cancel their carbaryl pet collar product registrations.
These are not the last carbaryl products registered for use in the
United States; however, they are the last carbaryl products registered
for use on pets. In the October 21, 2009 Notice, EPA indicated that it
would issue an order implementing the cancellations, unless the Agency
received substantive comments within the 30-day comment period that
would merit its further review of these requests, or unless the
registrant withdrew its request within this period. The Agency received
one comment on the Notice, but it did not merit further review of the
request. Further, the registrant did not withdraw its request.
Accordingly, EPA hereby issues in this Notice a cancellation order
granting the requested cancellations. Any distribution, sale, or use of
the carbaryl products subject to this cancellation order is permitted
only in accordance with the terms of this order, including any existing
stocks provisions.
DATES: The cancellations of the products listed in Table 1 of Unit II.
are effective September 30, 2010.
FOR FURTHER INFORMATION CONTACT: Jacqueline Guerry, Pesticide Re-
Evaluation Division, Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (215) 814-2184; fax number: (215) 814-3113; 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. How Can I Get Copies of this Document and Other Related Information?
EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0347. 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
Office of Pesticide Programs (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.
II. What Action is the Agency Taking?
This Notice announces, effective September 30, 2010, the
cancellation, as requested by the registrant Wellmark International of
certain end-use carbaryl products registered under section 3 of FIFRA.
These registrations are listed in sequence by registration number in
Table 1 of this unit.
Table 1.--Carbaryl Product Cancellations
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Registration Number Product Name
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2724-272 Flea Collar RF-76 for Cats
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2724-273 Flea Collar RF-75 for Dogs
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Table 2 of this unit includes the name and address of record of the
registrant of the products in Table 1 of this unit.
Table 2.--Registrants of Cancelled Carbaryl Products
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EPA Company Number Company Name and Address
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2724 Wellmark International
1501 E. Woodfield Road,
Suite 200
WestSchaumburg, Illinois
60173
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III. Summary of Public Comments Received and Agency Response to
Comments
The Agency received one comment in response to the October 21,
2009, Carbaryl; Notice of Receipt of a Request to Voluntarily Cancel
Pesticide Registrations to Terminate Use of Certain Products, from
BioSpotVictims.org (BioSpot), a non-profit organization. BioSpot
supports the decision by the registrant to cancel their carbaryl pet
collar products; however, BioSpot objects to EPA's proposal to allow
persons other than the registrant to continue to sell existing stocks
of canceled products until such stocks are exhausted. BioSpot raises
the concern that children will be exposed to carbaryl pet collars well
beyond December 30, 2010, and therefore, urges EPA to consider
prohibiting all persons from selling existing stocks of carbaryl pet
collar products after December 30, 2010. BioSpot did not provide any
information to support or substantiate this concern.
Based on its use pattern, the Agency understands that the shelf-
life for treated pet collars, in general, is short. Further, based on
conversations with the registrant, the Agency understands that a 3
month shelf-life for the registrant's pet collar products is typical,
and therefore, the EPA expects that any existing stocks of carbaryl pet
collars will move through the channels of trade quickly. This is
reflected in the existing stocks provision which only allows the
registrant to sell or distribute existing stocks for 3 months after the
effective date of this order. Additionally, these products are labeled
for up to 4 months of effective flea protection; direct the user to
replace the collar after 4 months, if necessary; and instruct the user
not to reuse the collar. The Agency believes if the collars are used in
the manner consistent with the labeling, and the law, and discarded
properly as directed, the existing stocks will, again, move through the
channels of trade quickly. Thus, EPA disagrees with BioSpot's claim
that the existing stock provision in this Notice will allow exposure to
carbaryl pet collars to extend ``well beyond'' December 30, 2010.
In addition, the Agency's Existing Stocks Policy (56 FR 29362)
June, 26, 1991, generally provides that if the Agency has not
identified a particular risk concern, registrants will generally be
permitted to sell or distribute existing stocks for 1 year after the
cancellation request was received and that persons other than the
registrant will generally be allowed to sell, distribute, or use
existing stocks until such stocks are exhausted. The policy also
explains that where EPA has identified a particular risk issue, the
Agency will generally weigh the risk against the benefits of allowing
any continued sale, distribution, or use on a case-by-case basis. In
doing so, one of the factors that the Agency may take into
consideration is the degree to which the registrant's actions
accelerated the removal of the pesticide from the market, and whether
the
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cancellation would have occurred at all without the existing stocks
provision. (56 FR 29365).
The registrant's voluntary cancellation request is conditioned upon
the inclusion of the proposed existing stocks provision. Thus, one of
the things EPA has considered in deciding whether to allow any
continued sale, distribution, or use of existing stocks is the exposure
that might result absent the voluntary cancellation--even if EPA
otherwise would have initiated cancellation proceedings. EPA has
determined that granting this request with the proposed existing stocks
provision will result in the removal of carbaryl pet collar products
from the market sooner (and certainly with the expenditure of far fewer
resources) than if EPA were to initiate cancellation proceedings. For
these reasons, the Agency does not believe that the comments submitted
during the comment period merit further review or a denial of the
requests for voluntary cancellation.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations of the carbaryl registrations identified in Table 1 of
Unit II. Accordingly, effective September 30, 2010, the Agency orders
that the carbaryl product registrations identified in Table 1 of Unit
II are canceled. After September 30, 2010, any distribution, sale, or
use of existing stocks of the products identified in Table 1 of Unit II
in a manner inconsistent with any of the Provisions for Disposition of
Existing Stocks set forth in Unit VI. will be considered a violation of
FIFRA.
V. 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.
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. The cancellation order issued in this Notice
includes the following existing stocks provisions.
The registrant may sell or distribute existing stocks of the
products identified in Table 1 of Unit II until December 30, 2010. All
sale or distribution of existing stocks by the registrant is prohibited
after December 30, 2010, unless that sale or distribution is solely for
the purpose of facilitating disposal or export of the product. The
Agency 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.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: December 9, 2009.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. E9-29894 Filed 12-15-09; 8:45 am]
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