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EPA ID: [EPA-HQ-OPP-2008-0525; FRL-8395-6]

NOTICE: NOTICES

ACTION: Receipt of Requests to Voluntarily Cancel or to Terminate Uses of Certain Pesticide Registrations:

DOCUMENT ACTION: Notice.

SUBJECT CATEGORY: Carbaryl; Notice of Receipt of Requests to Voluntarily Cancel or to Terminate Uses of Certain Pesticide Registrations

DATES: Comments must be received on or before November 14, 2008.

DOCUMENT 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.

SUMMARY: Carbaryl,

SUPPLEMENTAL 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 email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CDROM that you mail to EPA, mark the outside of the disk or CDROM as CBI and then identify electronically within the disk or CDROM 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 broadspectrum 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 30day 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 180day 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 180day comment period. EPA will provide a 30day 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 769574 Suregard Brand Pea and bean, Sevin 80S succulent shelled Carbaryl (subgroup 6B); Insecticide preplant dip (sweet potato); wheat 769728 Sevin Brand Pea and bean, Carbaryl succulent shelled Insecticide 5% (subgroup 6B); Turf Insecticide leafy vegetables Granules (except brassica) 769971 Sevin Brand 80% DB Pea and bean, succulent shelled (subgroup 6B); preplant dip (sweet potatoes); use of dust formulations in agricultural crops; wheat 769972 Security Brand 50% Pea and bean, Sevin Wettable succulent shelled (subgroup 6B) 769976 Sevin Brand Leafy vegetables Carbaryl (except brassica) Insecticide 2%
Granular
Insecticide
588743 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 5905251 Helena Sevimol 4 Pea and bean, Carbaryl succulent shelled Insecticide (subgroup 6B) 34704289 10% Sevin Granules Pea and bean, succulent shelled (subgroup 6B); leafy vegetables (except brassica) 34704447 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 806321286 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 30day 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. E824271 Filed 101408; 8:45 am]
BILLING CODE 656050S

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 204600001; telephone number: (703) 3082201; fax number: (703) 3088005; email address: scheltema.christina@epa.gov.