
[Federal Register: October 15, 2008 (Volume 73, Number 200)]
[Notices]               
[Page 61121-61123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc08-83]                         


[[Page 61121]]

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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.

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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 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: http://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 
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: 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
