Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 24697 

address: Bayer CropScience LP, P.O. 

Box 12014, Research Triangle Park, NC 

27709. Active ingredient: 

Flubendiamide. Proposed Uses: 

Artichoke, globe, flower head; low 

growing berry subgroup (CSG 13-07G), 

except cranberry; peanut, pistachio; 

small fruit vine climbing subgroup (CSG 

13-07F), except fuzzy kiwifruit; 

sorghum; sugarcane, cane; sunflower, 

seed; and turnip greens. Contact: 

Carmen Rodia, (703) 306–0327, 

rodia.carmen@epa.gov. 

List of Subjects 

Environmental protection, Pesticides 

and pest. 

Dated: April 22, 2010. 

G. Jeffrey Herndon, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

[FR Doc. 2010–10630 Filed 5–4–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0347; FRL–8823–1] 

Carbaryl; Notice of Receipt of 

Requests To Voluntarily Cancel 

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 by the 

registrants to voluntarily cancel their 

registrations of certain products 

containing the pesticide carbaryl. 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. If these 

requests are granted, any sale, 

distribution, or use of products listed in 

this notice will be permitted after the 

registration has been canceled 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 June 4, 2010. 

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 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 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: 

Jacqueline Guerry, Pesticide Reevaluation 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; email 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. 


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24698 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 

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 Registrations 

This notice announces receipt by EPA 

of requests from registrants Bayer 

Environmental Science and Bayer 

CropScience to cancel certain carbaryl 

product registrations. In letters dated 

March 26, 2010 and April 7, 2010, Bayer 

Environmental Science and Bayer 

CropScience, respectively, requested 

EPA to cancel affected product 

registrations and to terminate uses of 

pesticide product registrations 

identified in Table 1 of this notice. 

Specifically, Bayer Environmental 

Science chose not to submit revised 

section 3 labels in response to the 

carbaryl product reregistration process, 

and Bayer CropScience stated the 24c 

special local need registrations are no 

longer needed. The registrants’ 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 registrants to cancel 

certain carbaryl product registrations. 

The affected products and the 

registrants making the requests are 

identified in Tables 1 and 2 of this unit. 

Unless a request is withdrawn by the 

registrant or if the Agency determines 

that there are substantive comments that 

warrant further review of this request, 

EPA intends to issue an order canceling 

the affected registrations. 

TABLE 1.—CARBARYL PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration No. Product name Company 

000423–1237 BES Garden Dust 10% Bayer Environmental Science 

000423–1238 AES Carbaryl Insecticide Spray RTU Bayer Environmental Science 

000432–1239 BES Garden Dust 5% Bayer Environmental Science 

000432–1244 AES Sevin Granules Ant, Flea, Tick & Grub Killer 

(1% Sevin) 

Bayer Environmental Science 

000264 CA–810059 Sevin 80S Bayer CropScience 

000264 DE–010002 Sevin XLR Plus Bayer CropScience 

000264 FL–890036 Sevin 80S Bayer CropScience 

000264 FL–890037 Sevin 4F Bayer CropScience 

000264 MD–010001 Sevin XLR Plus Bayer CropScience 

000264 PA–010002 Sevin XLR Plus Bayer CropScience 

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

EPA company 

No. 

Company name and 

address 

000432 Bayer Environmental 

Science 

2.T.W. Alexander Drive, 

P.O. Box 12014 

Research Triangle Park, 

NC 27709 

TABLE 2.—REGISTRANTS REQUESTING

VOLUNTARY CANCELLATION—Continued 

EPA company 

No. 

Company name and 

address 

000264 Bayer CropScience 

2.T.W. Alexander Drive, 

P.O. Box 12014 

Research Triangle Park, 

NC 27709 

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. 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 


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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 24699 

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. Accordingly, EPA will 

provide a 30–day comment period on 

the proposed requests. 

V. Procedures for Withdrawal of 

Requests 

Registrants who choose to withdraw a 

request for product cancellation or use 

deletion should submit the withdrawal 

in writing to the person listed under FOR

FURTHER INFORMATION CONTACT. 

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 that are 

currently in the United States and that 

were packaged, labeled, and released for 

shipment prior to the effective date of 

the action. If the requests for voluntary 

cancellation are granted, the Agency 

intends to publish the cancellation 

order in the Federal Register. 

In any order issued in response to 

these requests for cancellation of 

product registrations, EPA proposes to 

include the following provisions for the 

treatment of any existing stocks of the 

products listed in Table 1. 

For voluntary product cancellations, 

registrants will be permitted to sell and 

distribute existing stocks of voluntarily 

canceled products for 1–year after the 

effective date of the cancellation, which 

will be the date of publication of the 

cancellation order in the Federal 

Register. Thereafter, registrants will be 

prohibited from selling or distributing 

the products identified in Table 1, 

except for export consistent with section 

17 of FIFRA or for proper disposal. 

Persons other than the registrant may 

sell, distribute, or use existing stocks of 

canceled products until supplies are 

exhausted, provided that such sale, 

distribution, or use is consistent with 

the terms of the previously approved 

labeling on, or that accompanied, the 

canceled products. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: April 23, 2010. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2010–10643 Filed 5–4–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0248; FRL–8820–5] 

Notice of Receipt of Requests for 

Amendments To Delete Uses in 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 request for 

amendments by registrants to delete 

uses in certain pesticide registrations. 

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 amended to delete one 

or more uses. FIFRA further provides 

that, before acting on the request, EPA 

must publish a notice of receipt of any 

request in the Federal Register. 

DATES: The deletions are effective 

November 1, 2010, unless the Agency 

receives a written withdrawal request 

on or before November 1, 2010. The 

Agency will consider a withdrawal 

request postmarked no later than 

November 1, 2010. 

Users of these products who desire 

continued use on crops or sites being 

deleted should contact the applicable 

registrant on or before November 1, 

2010. 

ADDRESSES: Submit your withdrawal 

request, identified by docket 

identification (ID) number EPA–HQ– 

OPP–2010–0248, by one of the 

following methods: 

• 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. 

FOR FURTHER INFORMATION CONTACT: 

Chris Green, Information Technology 

and Resources Management Division, 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) (347)–0367; e-mail address: 

green.christopher@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general. Although, this action may be 

of particular interest to persons who 

produce or use pesticides, 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 information in this notice, 

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 ID number EPA– 

HQ–OPP–2010–0248. 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 receipt by the 

Agency of applications from registrants 

to delete uses in certain pesticide 

registrations. These registrations are 

listed in Table 1 of this unit by 

registration number, product name, 

active ingredient, and specific uses 

deleted: 


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