Carbaryl; Notice of Receipt of Requests to Voluntarily Cancel or to Terminate Uses of Certain Pesticide Registrations, 61121-61123 [E8-24271]
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Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices
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
Environmental Protection
Agency (EPA).
ACTION: Notice.
jlentini on PROD1PC65 with NOTICES
AGENCY:
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: https://
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
VerDate Aug<31>2005
18:32 Oct 14, 2008
Jkt 217001
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 https://
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 email. 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 https://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 https://
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
PO 00000
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61121
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:
scheltema.christina@epa.gov.
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
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61122
Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices
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
Registration
Number
Product Name
Uses Being Terminated
Suregard Brand Sevin 80S Carbaryl Insecticide
Pea and bean, succulent shelled (subgroup 6B); preplant dip
(sweet potato); wheat
769–728
Sevin Brand Carbaryl Insecticide 5% Turf Insecticide Granules
Pea and bean, succulent shelled (subgroup 6B); leafy vegetables (except brassica)
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
769–972
Security Brand 50% Sevin Wettable
Pea and bean, succulent shelled (subgroup 6B)
769–976
Sevin Brand Carbaryl Insecticide 2% Granular Insecticide
Leafy vegetables (except brassica)
5887–43
Black Leaf Sevin Brand Carbaryl Insecticide
Pea and bean, succulent shelled (subgroup 6B); direct application to domestic animals (dogs and cats) and their dwellings/premises
5905–251
Helena Sevimol 4 Carbaryl Insecticide
Pea and bean, succulent shelled (subgroup 6B)
34704–289
10% Sevin Granules
Pea and bean, succulent shelled (subgroup 6B); leafy vegetables (except brassica)
34704–447
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769–574
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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Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices
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
TABLE 2.—REGISTRANTS REQUESTING product registrations and for
VOLUNTARY CANCELLATION AND/OR amendments to terminate uses, the
Agency proposes to include the
AMENDMENTS
following provisions for the treatment of
any existing stocks of the products
EPA
Company
Company Name and Address
indentified or referenced in Table 1.
Number
Provided that these stocks bear labels
previously approved by EPA, registrants
769
Value Garden Supply
may sell and distribute existing stocks
9100 W. Bloomington Freeway
of the affected products for 18 months
Suite 113
from the effective date of the Agency’s
Bloomington, MN 55431
termination order.
5887
Value Garden Supply
If the request for voluntary
9100 W. Bloomington Freeway
cancellation and/or use termination is
Suite 113
granted as discussed in this unit, the
Bloomington, MN 55431
Agency intends to issue a cancellation
order that will allow persons other than
5905
Helena Chemical Company
the registrant to continue to sell and/or
225 Schilling Boulevard
Suite 300
use existing stocks of canceled products
Collierville, TN 38017
until such stocks are exhausted,
provided that such use is consistent
34704
Loveland Products, Inc.
with the terms of the previously
7251 W 4th Street (80634)
approved labeling on, or that
P.O. Box 1286
accompanied, the canceled product. The
Greeley, CO 80632–1286
order will specifically prohibit any use
of existing stocks that is not consistent
IV. What is the Agency’s Authority for
with such previously approved labeling.
Taking this Action?
EPA intends to publish the cancellation
Section 6(f)(1) of FIFRA provides that order in the Federal Register after the
a registrant of a pesticide product may
end of the 30–day comment period for
at any time request that any of its
this notice.
pesticide registrations be canceled or
amended to terminate one or more uses. List of Subjects
FIFRA further provides that, before
Environmental protection, Pesticides
acting on the request, EPA must publish and pests, Carbaryl, SEVIN.
a notice of receipt of any such request
Dated: October 1, 2008.
in the Federal Register. Thereafter,
Steven Bradbury,
following the public comment period,
Director, Special Review and Reregistration
the Administrator may approve such a
Division, Office of Pesticide Programs.
request.
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.
jlentini on PROD1PC65 with NOTICES
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
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[FR Doc. E8–24271 Filed 10–14–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8728–5]
State Program Requirements;
Application To Administer the National
Pollutant Discharge Elimination
System (NPDES) Program for
Concentrated Animal Feeding
Operations (CAFOs); Ohio
Environmental Protection
Agency (EPA).
ACTION: Notice: Proposed approval and
hearing.
AGENCY:
SUMMARY: The State of Ohio has
submitted a request for the
Environmental Protection Agency (EPA)
to approve a revision to the Ohio
PO 00000
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61123
National Pollutant Discharge
Elimination System (NPDES) program to
allow the Ohio Department of
Agriculture (ODA) to administer the
parts of the program pertaining to
concentrated animal feeding operations
(CAFOs) and storm water associated
with construction activity at animal
feeding operations (AFOs) in Ohio. The
Ohio Environmental Protection Agency
(Ohio EPA) currently administers the
Ohio NPDES program in its entirety.
Under the proposed revision, Ohio EPA
would continue to implement all other
aspects of the State’s approved NPDES
program. EPA Region 5 received Ohio’s
request in January 2007. In April and
November 2007, EPA identified 31
technical and legal issues that ODA
needs to resolve before EPA would be
able to approve the ODA program. In a
letter dated September 4, 2008, ODA
committed to pursue specified statutory
and administrative rule changes to
address the issues identified by EPA.
The ODA letter also included proposed
statutory and rule changes beyond the
scope of the changes needed to resolve
the issues raised by EPA. ODA
subsequently provided correct versions
of certain proposed statutory and rule
provisions that were not included with
the September 4 letter. On October 3,
2008, EPA responded to ODA, stating its
belief that enactment and adoption of
the former changes would resolve EPA’s
issues, and that the latter changes
proposed by ODA will not adversely
affect ODA’s authority to administer the
NPDES program. The letter stated that
EPA expects the adopted statutory and
rule changes to be identical to those
submitted with ODA’s September 2008
letters. As a result, EPA proposes to
approve Ohio’s application contingent
on the enactment and adoption of the
former changes, as documented in
ODA’s September 4 letter. Today, EPA
is requesting comment on the State’s
application to have ODA administer the
NPDES program for CAFOs and for
storm water associated with
construction activity at AFOs, and is
providing notice of a public hearing and
comment period on the Agency’s
proposal to approve Ohio’s application.
EPA will either approve or disapprove
the State’s request after considering all
comments it receives. A final decision
to approve the program would be
contingent on Ohio’s enactment and
adoption of the statutory and rule
changes needed to resolve EPA’s issues,
as documented in ODA’s September 4
letter.
The public comment period will
close on December 16. Comments must
DATES:
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]]>Agencies
[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Notices]
[Pages 61121-61123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24271]
[[Page 61121]]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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
https://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 https://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 https://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: scheltema.christina@epa.gov.
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
------------------------------------------------------------------------
Uses Being
Registration Number Product Name Terminated
------------------------------------------------------------------------
769-574 Suregard Brand Pea and bean,
Sevin 80S succulent shelled
Carbaryl (subgroup 6B);
Insecticide preplant dip
(sweet potato);
wheat
------------------------------------------------------------------------
769-728 Sevin Brand Pea and bean,
Carbaryl succulent shelled
Insecticide 5% (subgroup 6B);
Turf Insecticide leafy vegetables
Granules (except brassica)
------------------------------------------------------------------------
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
------------------------------------------------------------------------
769-972 Security Brand 50% Pea and bean,
Sevin Wettable succulent shelled
(subgroup 6B)
------------------------------------------------------------------------
769-976 Sevin Brand Leafy vegetables
Carbaryl (except brassica)
Insecticide 2%
Granular
Insecticide
------------------------------------------------------------------------
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
------------------------------------------------------------------------
5905-251 Helena Sevimol 4 Pea and bean,
Carbaryl succulent shelled
Insecticide (subgroup 6B)
------------------------------------------------------------------------
34704-289 10% Sevin Granules Pea and bean,
succulent shelled
(subgroup 6B);
leafy vegetables
(except brassica)
------------------------------------------------------------------------
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
------------------------------------------------------------------------
[[Page 61123]]
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
------------------------------------------------------------------------
EPA Company Number Company Name and Address
------------------------------------------------------------------------
769 Value Garden Supply
9100 W. Bloomington Freeway
Suite 113
Bloomington, MN 55431
------------------------------------------------------------------------
5887 Value Garden Supply
9100 W. Bloomington Freeway
Suite 113
Bloomington, MN 55431
------------------------------------------------------------------------
5905 Helena Chemical Company
225 Schilling Boulevard
Suite 300
Collierville, TN 38017
------------------------------------------------------------------------
34704 Loveland Products, Inc.
7251 W 4th Street (80634)
P.O. Box 1286
Greeley, CO 80632-1286
------------------------------------------------------------------------
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
