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[Federal Register: October 7, 2010 (Volume 75, Number 194)]
[Notices]               
[Page 62129-62131]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc10-56]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0163; FRL-8848-1]

 
Aldicarb; Notice of Receipt of Request to Voluntarily Cancel a 
Pesticide Registration

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 
all of the registrations for aldicarb products held by Bayer 
CropScience. The request asks for the deletion at various times of 
aldicarb use in or on citrus, cotton, dry beans, peanuts, potatoes, 
soybeans, sugar potatoes, sugar beets, and sweet potatoes. Because 
these uses constitute all the remaining uses of aldicarb, Bayer's 
request would result in the termination of the last aldicarb product 
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. If this request is 
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 November 8, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0163, 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-
2005-0163. 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 Web site 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: K. Avivah Jakob, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-1328; fax 
number: (703) 308-6467; e-mail address: jakob.kathryn@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 62130]]

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 the 
registrant Bayer CropScience LLP (Bayer) to voluntary cancel their 
remaining registration for aldicarb and to terminate all uses of 
aldicarb. Aldicarb is registered for use as a systemic insecticide and 
nematicide on the following agricultural crops: citrus, cotton, dry 
beans, peanuts, potatoes, soybeans, sugar beets, and sweet potatoes. 
Aldicarb products are not intended for sale to homeowners or for use in 
residential settings. To address dietary risks of concern identified in 
EPA's Revised Aggregate Dietary Risk Assessment of Aldicarb (August 4, 
2010), Bayer has voluntary requested to cancel their existing FIFRA 
registration for Temik[supreg] 15G aldicarb end-use product, EPA 
Registration No. 264-330. EPA's revised risk assessment can be found by 
going to the aldicarb reregistration status Web page at: http://www.epa.gov/pesticides/reregistration/aldicarb/. Bayer requests 
pursuant to section 6(f) of FIFRA, that EPA cancel the pesticide uses 
for citrus and potatoes effective immediately. Bayer also requests 
cancellation of the remaining pesticide uses (cotton, dry beans, 
peanuts, soybeans, sugar beets, and sweet potatoes) effective as of 
December 31, 2014. The action on the registrant's request will 
terminate the last aldicarb pesticide products registered in the United 
States. For further information please refer to the Memorandum of 
Agreement Between the Environmental Protection Agency and Bayer 
CropScience, Regarding the Registration of Pesticide Product Containing 
Aldicarb, signed August 16, 2010, and Bayer's Request to Voluntarily 
Cancel Use on Citrus and Potatoes (August 11, 2010) which are located 
in the docket and on the aldicarb reregistration status Web page at: 
https://www.regulations.gov and http://www.epa.gov/pesticides/reregistration/aldicarb/. In addition, Bayer has requested that EPA 
waive the 180-day comment period section 6(f) of FIFRA otherwise 
provides for requests to cancel minor uses.

III. What action is the agency taking?

    This notice announces receipt by EPA of a request from Bayer 
CropScience to cancel all remaining aldicarb product registrations. The 
affected product and the address of the registrant making the request 
are identified in Tables 1 and 2 of this unit.
    Unless the Agency determines that there are substantive comments 
that warrant further review of this request, EPA intends to issue an 
order canceling the affected registration.

                  Table 1--Aldicarb Product Registration With Pending Request for Cancellation
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           Registration No.                     Product name                            Company
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264-330..............................  TEMIK[supreg] brand 15G......  Bayer CropScience LLC.
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    Table 2 of this unit includes the name and address of record for 
the registrant of the product listed in Table 1 of this unit.

 Table 2--Registrant Requesting Voluntary Cancellation and/or Amendments
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            EPA Company No.                  Company name and address
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264....................................  Bayer CropScience, 2 T.W.
                                          Alexander Drive, P.O. Box
                                          12014, Research Triangle Park,
                                          NC 27709.
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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.
    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, FIFRA section 6(f)(1)(C) 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 registrant request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the 
pesticide would pose an unreasonable adverse effect on the environment.
    The aldicarb registrant has requested that EPA waive the 180-day 
comment period. Accordingly, EPA will provide a 30-day comment period 
on the proposed requests.

V. 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 request for voluntary cancellation of the remaining 
aldicarb product registration and all aldicarb uses is granted, the 
Agency intends to publish the cancellation order in the Federal 
Register.
    In any order issued in response to this request for cancellation of 
a product registration EPA currently intends to include the following 
provisions for the treatment of any existing stocks of the

[[Page 62131]]

product listed in Table 1 of Unit III. Existing stocks of aldicarb may 
be sold by retailers, and used on citrus and potatoes until December 
31, 2011.
    Sale and distribution of aldicarb end-use product for use on 
cotton, dry beans, peanuts, soybeans, sugar beets, and sweet potatoes 
will be permitted until December 31, 2016. Existing stocks of any end-
use product on these remaining uses may be used until August 31, 2018.

List of Subjects

    Environmental protection, Pesticides and pests, Aldicarb.

    Dated: September 29, 2010.
Richard P. Keigwin, Jr,
Director, Pesticide Re-Evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2010-25128 Filed 10-6-10; 8:45 am]
BILLING CODE 6560-50-P
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