
[Federal Register: October 21, 2009 (Volume 74, Number 202)]
[Notices]               
[Page 54045-54047]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc09-51]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0347; FRL-8795-2]

 
Carbaryl; Notice of Receipt of a Request To Voluntarily Cancel 
Pesticide Registrations To Terminate Use of Certain Products

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 a request by the registrant to voluntarily cancel 
their registrations to terminate uses of pet collar products containing 
the pesticide carbaryl. The request would terminate carbaryl use in or 
on pet collars for domestic pets, and would terminate the last carbaryl 
pet products registered for use in the United States. EPA intends to 
grant this request 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 request, or 
unless the registrant withdraws its request within the comment period. 
Upon acceptance of this request, 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 20, 2009.

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.

[[Page 54046]]


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: guerry.jacqueline@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 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/or Amend 
Registrations to Delete Uses

    This notice announces receipt by EPA of a request from Wellmark 
International to cancel two carbaryl product registrations. Carbaryl is 
a carbamate insecticide registered for use in agriculture, professional 
turf management and ornamental production, public health mosquito 
abatement programs, and residential areas. All carbaryl products 
registered for use on pet products, except collars, were voluntarily 
canceled by the registrants on February 17, 2006. Wellmark 
International is the only registrant with any remaining carbaryl pet 
products. In a letter dated September 30, 2009, Wellmark International 
requested EPA to cancel the affected product registrations identified 
in Table 1 of this notice. Specifically, Wellmark International has 
requested the cancellation of its pet collars treated with the active 
ingredient carbaryl effective September 30, 2010. This action will 
terminate the last carbaryl pesticide products registered in the United 
States for use on pets.

III. What Action Is the Agency Taking?

    This notice announces receipt by EPA of a request from a registrant 
to cancel certain carbaryl product registrations. The affected products 
and the registrant making this request 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, or
    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. 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 the affected registrations.
    Wellmark International requested the cancellation of the 
registrations listed in the following Table 1:

    Table 1--Carbaryl Product Registrations With Pending Requests for
                              Cancellation
------------------------------------------------------------------------
       Registration Number           Product Name           Company
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2724-272                          Flea Collar RF-76   Wellmark
                                   for Cats            International
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2724-273                          Flea Collar RF-75   Wellmark
                                   for Dogs            International
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    Table 2 of this unit includes the name and address of record for 
the registrant 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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2724                                        Wellmark International 1501
                                             E. Woodfield Road, Suite
                                             200 West Schaumburg,
                                             Illinois, 60173
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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,

[[Page 54047]]

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 [30 days after date of 
publication in the Federal Register]. 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 order, the effective date of 
cancellation and all other provisions of any earlier cancellation order 
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 order.
    In any order issued in response to this request for cancellation of 
product registrations, EPA proposes to include the following provisions 
for the treatment of any existing stocks of the products identified or 
referenced in Table 1 in Unit III. Wellmark International may sell or 
distribute such existing stocks until December 30, 2010. All sale or 
distribution of existing stocks by Wellmark 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. The order will specifically prohibit any use of 
existing stocks that is not consistent with such previously approved 
labeling. If, as the Agency currently intends, the final cancellation 
order contains the existing stocks provision just described, the order 
will be sent only to the affected registrants of the canceled products. 
If the Agency determines that the final cancellation order should 
contain existing stocks provisions different than the ones just 
described, the Agency will publish the cancellation order in the 
Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: October 13, 2009.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.

[FR Doc. E9-24897 Filed 10-20-09; 8:45 am]

BILLING CODE 6560-50-S
