[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Notices]
[Pages 24697-24699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10643]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0347; FRL-8823-1]
Carbaryl; Notice of Receipt of Requests To Voluntarily Cancel
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 by the registrants to voluntarily cancel
their registrations of certain products containing the pesticide
carbaryl. 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. If these requests are granted,
any sale, distribution, or use of products listed in this notice will
be permitted after the registration has been canceled 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 June 4, 2010.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0347, 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), 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-
2008-0347. 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: Jacqueline Guerry, Pesticide Re-
evaluation Division (7508P), 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. 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.
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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 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 Registrations
This notice announces receipt by EPA of requests from registrants
Bayer Environmental Science and Bayer CropScience to cancel certain
carbaryl product registrations. In letters dated March 26, 2010 and
April 7, 2010, Bayer Environmental Science and Bayer CropScience,
respectively, requested EPA to cancel affected product registrations
and to terminate uses of pesticide product registrations identified in
Table 1 of this notice. Specifically, Bayer Environmental Science chose
not to submit revised section 3 labels in response to the carbaryl
product reregistration process, and Bayer CropScience stated the 24c
special local need registrations are no longer needed. The registrants'
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 registrants
to cancel certain carbaryl product registrations. The affected products
and the registrants making the requests are identified in Tables 1 and
2 of this unit.
Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order canceling the
affected registrations.
Table 1.--Carbaryl Product Registrations With Pending Requests for
Cancellation
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Registration No. Product name Company
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000423-1237 BES Garden Dust Bayer
10% Environmental
Science
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000423-1238 AES Carbaryl Bayer
Insecticide Spray Environmental
RTU Science
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000432-1239 BES Garden Dust 5% Bayer
Environmental
Science
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000432-1244 AES Sevin Granules Bayer
Ant, Flea, Tick & Environmental
Grub Killer (1% Science
Sevin)
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000264 CA-810059 Sevin 80S Bayer CropScience
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000264 DE-010002 Sevin XLR Plus Bayer CropScience
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000264 FL-890036 Sevin 80S Bayer CropScience
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000264 FL-890037 Sevin 4F Bayer CropScience
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000264 MD-010001 Sevin XLR Plus Bayer CropScience
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000264 PA-010002 Sevin XLR Plus Bayer CropScience
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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
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EPA company No. Company name and address
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000432 Bayer Environmental Science
2.T.W. Alexander Drive, P.O.
Box 12014
Research Triangle Park, NC
27709
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000264 Bayer CropScience
2.T.W. Alexander Drive, P.O.
Box 12014
Research Triangle Park, NC
27709
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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. 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, or
[[Page 24699]]
2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
The carbaryl registrants have requested that EPA waive the 180-day
comment period. Accordingly, EPA will provide a 30-day comment period
on the proposed requests.
V. Procedures for Withdrawal of Requests
Registrants who choose to withdraw a request for product
cancellation or use deletion should submit the withdrawal in writing to
the person listed under FOR FURTHER INFORMATION CONTACT.
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
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the requests for voluntary cancellation are granted, the
Agency intends to publish the cancellation order in the Federal
Register.
In any order issued in response to these requests for cancellation
of product registrations, EPA proposes to include the following
provisions for the treatment of any existing stocks of the products
listed in Table 1.
For voluntary product cancellations, registrants will be permitted
to sell and distribute existing stocks of voluntarily canceled products
for 1-year after the effective date of the cancellation, which will be
the date of publication of the cancellation order in the Federal
Register. Thereafter, registrants will be prohibited from selling or
distributing the products identified in Table 1, except for export
consistent with section 17 of FIFRA or for proper disposal.
Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products until supplies are exhausted,
provided that such sale, distribution, or use is consistent with the
terms of the previously approved labeling on, or that accompanied, the
canceled products.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: April 23, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-10643 Filed 5-4-10; 8:45 am]
BILLING CODE 6560-50-S