Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 11557 

TABLE 2—REGISTRANTS OF CANCELLED AND/OR AMENDED

[CARBARYL PRODUCTS—Continued 

EPA Company 

Number 

Company Name and Address 

8119 Matson, LLC 

c/o Registrations by Design, Inc. 

118 1/2 East Main Street, 

Ste. 1 

Salem, Virginia 24153– 

3805 

9198 The Andersons Lawn Fertilizer Division, Inc. 

P.O. Box 119 

Maumee, Ohio 43537 

11656 Western Farm Service, 

Inc. 

2787 W. Bullard, Suite 

105 

Fresno, California 93711 

19713 Drexel Chemical Company 

1700 Channel Avenue 

PO Box 13327 

Memphis, TN 38113– 

0327 

34704 Loveland Products, Inc. 

7251 W 4th Street 

(80634) 

PO Box 1286 

Greely, CO 80632–1286 

71096 Or-Cal, Inc. 

17220 Westview Road 

Oswego, Oregon 97034 

82200 Viachem, LLC 

9701 Fields Road, No. 

2400 

Gaithersburg, Maryland 

20878 

III. Summary of Public Comments 

Received and Agency Response to 

Comments 

EPA received four public comments 

on the August 20, 2008 6(f) Notice (73 

FR 49184) and one comment on the 

October 15 6(f) Notice (73 FR 61121), 

from Jan Meneley of AgBio Inc., Dr. 

Steven Booth of Willapa Bay/Grays 

Harbor Oyster Grower Association, C. 

Weeber, a private citizen, and from two 

anonymous private citizens. The 

comment from C. Weeber requested that 

EPA evaluate carbaryl use on pine trees 

in residential areas, which is not one of 

the uses being deleted, and is therefore 

not relevant to this action. The comment 

from Steven Booth focused on the 

importance of a special local need 

registration of carbaryl for control of 

burrowing shrimp in oyster beds in 

Willapa Bay, WA, which is also not one 

of the registrations being amended, and 

is therefore not relevant to this action. 

The comments received from private 

citizens requested cancellation of all 

carbaryl uses, including use to control 

Mountain Pine Beetle in Colorado, and 

further testing of carbaryl. These 

commenters do not, however, object to 

the deletion of uses or elimination of 

application methods that are the subject 

of this order. Nor do these commenters 

provide information that would lead the 

Agency to further review or deny the 

requests. Accordingly, the Agency does 

not believe that the comments 

submitted during the comment period 

merit further review or a denial of the 

requests for amendments to terminate 

uses of and eliminate certain 

application methods for carbaryl 

products. 

IV. Cancellation Order 

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

amendments to terminate uses of and 

eliminate certain application methods 

for carbaryl registrations identified in 

Table 1 of Unit II. Accordingly, the 

Agency orders that the carbaryl product 

registrations identified in Tables 1 of 

Unit II. are hereby amended to terminate 

the affected uses and application 

methods. 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 or 

termination action. The existing stocks 

provisions of this order terminating uses 

and eliminating certain application 

methods are as follows and are effective 

immediately. 

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 this order, 

with the exception of Scotts Ortho 

Business Group and Matson LLC, who 

may sell and distribute existing stocks 

of EPA Registration Numbers 239–2514 

and 8119–5, respectively, in Table 1 of 

Unit II. for 24 months from the effective 

date of this order. Thereafter the 

distribution and sale of existing stocks 

by registrants of any of the products 

listed in Table 1 that bear the 

terminated uses or application methods 

will not be lawful under FIFRA, except 

for the purposes of shipping such stocks 

for export consistent with section 17 of 

FIFRA or for proper disposal. This order 

allows 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. 

This order specifically prohibits any use 

of existing stocks that is not consistent 

with such previously approved labeling. 

List of Subjects 

Environmental protection, Pesticides 

and pests, Carbaryl, SEVIN®. 

Dated: February 27, 2009. 

Richard P. Keigwin, Jr., 

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs. 

[FR Doc. E9–5695 Filed 3–17–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8779–5] 

Public Water System Supervision 

Program Revision for the State of 

Arkansas 

AGENCY: United States Environmental 

Protection Agency (EPA). 

ACTION: Notice of proposed approval. 

SUMMARY: Notice is hereby given that 

the State of Arkansas is revising its 

approved Public Water System 

Supervision Program adopting 

regulations for the Ground Water Rule 

(GWR), promulgated by EPA on 

November 26, 2006. The GWR will 

provide for increased protection against 

microbial pathogens in public water 

systems that use ground water sources. 

EPA has determined that the proposed 

GWR revisions are no less stringent than 

the corresponding Federal regulations. 


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11558 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 

Therefore, EPA proposes to approve 

these program revisions. 

DATES: All interested parties may 

request a public hearing. A request for 

a public hearing must be submitted by 

April 17, 2009 to the Regional 

Administrator at the EPA Region 6 

address shown below. Requests for a 

hearing may be denied by the Regional 

Administrator. However, if a substantial 

request for a public hearing is made by 

April 17, 2009, a public hearing will be 

held. If no timely and appropriate 

request for a hearing is received and the 

Regional Administrator does not elect to 

hold a hearing on his own motion, this 

determination shall become final and 

effective on April 17, 2009. Any request 

for a public hearing shall include the 

following information: the name, 

address, and telephone number of the 

individual, organization, or other entity 

requesting a hearing; a brief statement of 

the requesting person’s interest in the 

Regional Administrator’s determination 

and a brief statement of the information 

that the requesting person intends to 

submit at such hearing; and the 

signature of the individual making the 

request or, if the request is made on 

behalf of an organization or other entity, 

the signature of a responsible official of 

the organization or other entity. 

ADDRESSES: All documents relating to 

this determination are available for 

inspection between the hours of 8 a.m. 

and 4:30 p.m., Monday through Friday, 

at the following offices: Arkansas 

Department of Health, Division of 

Engineering, 4815 West Markham, Little 

Rock, Arkansas 72205; and the EPA 

Region 6, Drinking Water Section 

(6WQ–SD), 1445 Ross Avenue, Suite 

1200, Dallas, Texas 75202. 

FOR FURTHER INFORMATION CONTACT: 

Amy Camacho, EPA Region 6, Drinking 

Water Section at the Dallas address 

given above or at telephone (214) 665– 

7175, or camacho.amy@epa.gov. 

Authority: Section 1413 of the Safe 

Drinking Water Act, as amended (1996), 40 

CFR parts 141 and 142 of the National 

Primary Drinking Water Regulations. 

Dated: February 27, 2009. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. E9–5841 Filed 3–17–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0135; FRL–8407–3] 

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 request by registrants 

to voluntarily cancel certain pesticide 

registrations. 

DATES: Unless a request is withdrawn by 

September 14, 2009 or April 17, 2009 

for registrations for which the registrant 

requested a waiver of the 180–day 

comment period, orders will be issued 

canceling these registrations. The 

Agency will consider withdrawal 

requests postmarked no later than 

September 14, 2009 or April 17, 2009, 

whichever is applicable. Comments 

must be received on or before 

September 14, 2009 or April 17, 2009, 

for those registrations where the 180– 

day comment period has been waived. 

ADDRESSES: Submit your comments and 

your withdrawal request, identified by 

docket identification (ID) number EPA– 

HQ–OPP–2009–0135, 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. Please direct written 

withdrawal requests to the attention of: 

John Jamula, Information Technology 

and Resources Management Division 

(7502P). 

• 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’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–2009– 

0135. 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 

in regulations.gov. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

website to view the docket index or 

access available documents. 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: John 

Jamula, Information Technology and 

Resources Management Division, Office 


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