
[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Notices]               
[Page 66642-66644]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de09-68]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0347; FRL-8803-9]

 
Carbaryl; Product Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This Notice announces EPA's order for the cancellations, 
voluntarily

[[Page 66643]]

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: 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. 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
------------------------------------------------------------------------
           Registration Number                      Product Name
------------------------------------------------------------------------
2724-272                                   Flea Collar RF-76 for Cats
------------------------------------------------------------------------
2724-273                                   Flea Collar RF-75 for Dogs
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
2724                                        Wellmark International
                                            1501 E. Woodfield Road,
                                             Suite 200
                                            WestSchaumburg, Illinois
                                             60173
------------------------------------------------------------------------

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

[[Page 66644]]

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]

BILLING CODE 6560-50-S
