[Federal Register: April 12, 2007 (Volume 72, Number 70)]
[Rules and Regulations]
[Page 18391-18394]
[DOCID:fr12ap07-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0779; FRL-8296-3]

Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is revising the Code of Federal Regulations (CFR) to give
the Wisconsin Department of Natural Resources (WDNR) full regulatory
responsibility for EPA-issued Prevention of Significant Deterioration
(PSD) permits. WDNR has the necessary state legislative authority to
take responsibility for the permits, and has demonstrated that it has
adequate resources to maintain oversight of these permits.

DATES: This direct final rule will be effective June 11, 2007, unless
EPA receives adverse comments by May 14, 2007. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0779, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions for

submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Pamela Blakley, Chief, Air Permits Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: Pamela Blakley, Chief, Air Permits Section,
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are
only accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0779. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online 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 http://www.regulations.gov

or e-mail. The http://www.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
http://www.regulations.gov your e-mail address will be automatically

captured and included as part of the comment that is placed in the
public 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. For additional instructions on submitting comments, go to
Section I of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the U.S. Environmental

Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. We recommend that you telephone Danny Marcus, Environmental
Engineer, at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Danny Marcus, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What Should I Consider as I Prepare My Comments for EPA?
II. What Is Being Addressed in This Document?
III. What Action Is EPA Taking Today?
IV. Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare My Comments for EPA?

A. Submitting CBI

    Do not submit this information to EPA through http://www.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.

B. Tips for Preparing Your Comments

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

II. What Is Being Addressed in This Document?

    EPA is making a revision to the CFR for the purpose of giving WDNR
full regulatory responsibility for EPA-issued PSD permits on non-tribal
lands.
    EPA first delegated the PSD program to WDNR on November 13, 1987,
which was later amended by a February 16, 1989, delegation. The 1989
delegation included language which authorized WDNR to amend EPA-issued
PSD permits. EPA granted final full approval to Wisconsin's PSD program
on May 27, 1999 (64 FR 28745), which became effective and was approved
into the State Implementation Plan (SIP) on June 28, 1999. However, EPA
stated in 40 CFR 52.2581 that its approval did not extend to sources
with Federal PSD permits and EPA retained authority to administer the
PSD program for those permits.
    EPA received a letter dated March 28, 2006, from WDNR regarding
facilities within the state that have permits which require revision,
modification, and/or updates. Allowing WDNR to have the authority to
amend the EPA-issued PSD permits will enable WDNR to have direct access
to modify these permits accordingly. This will facilitate permit
tracking and identification of applicable requirements for WDNR permit
engineers.
    The Clean Air Act contains requirements that must be met when a
State/Local/Tribe is adopting a plan requirement. Section
110(a)(2)(E)(i) requires that any government who wishes to carry out
such implementation plan have ``adequate personnel, funding, and
authority under State law.''.
    In a letter sent to EPA dated July 19, 2006, WDNR demonstrated
state legal authority to take responsibility for the permits. WDNR's
authority to take responsibility for EPA-issued permits can be found
under Wisconsin's Statutes in s. 285.67, Wis. Stat., which authorizes
WDNR to promulgate rules for revising, suspending, and revoking air
pollution control permits. Section NR 406.11, Wis. Adm. Code,
authorizes WDNR to revise construction permits, including PSD permits.
In the same letter, WDNR demonstrated that it has the adequate
resources and funding to become the primary regulating agency of the
EPA-issued PSD permits. WDNR has 19.5 full time employees to perform
construction permit activities under a program that annually generates
approximately two million dollars in program revenue.
    None of the facilities with EPA-issued PSD permits which are the
subject of this action are located in Indian Country. We do not
anticipate that this action will have any affect on tribal rights
within Indian country or in ceded territories.
    With this action, the regulatory text in 40 CFR 52.2581 will be
revised to reflect that WDNR has been given full regulatory
responsibility for EPA-issued PSD permits.

III. What Action Is EPA Taking Today?

    EPA is revising 40 CFR 52.2581 to give WDNR regulatory
responsibility for EPA-issued PSD permits. The language, ``and sources
with permits issued by EPA prior to the effective date of the state's
rules,'' will be deleted. WDNR has demonstrated that it has the legal
authority, and adequate resources, to take over full regulatory
responsibility for the permits.

    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective June 11, 2007
without further notice unless we receive relevant adverse written
comments by May 14, 2007. If we receive such comments, we will withdraw
this action before the effective date by publishing a subsequent
document that will withdraw the final action. All public comments
received will then be addressed in a subsequent final rule based on the
proposed action. The EPA will not institute a second comment period.
Any parties interested in commenting on this action should do so at
this time. If we do not receive any comments, this action will be
effective June 11, 2007.

IV. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.

Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use

    Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments

    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).

Executive Order 13132 Federalism

    This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.

Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

    In reviewing state submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a state submission for failure to use VCS. It would thus
be inconsistent with applicable law for EPA, when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 11, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 27, 2007.
Mary A. Gade,
Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart YY--Wisconsin

0
2. Section 52.2581 is amended by revising paragraph (d) to read as
follows:

Sec.  52.2581  Significant deterioration of air quality.

* * * * *
    (d) The requirements of sections 160 through 165 of the Clean Air
Act are met, except for sources seeking permits to locate in Indian
country within the State of Wisconsin.
* * * * *
 [FR Doc. E7-6727 Filed 4-11-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 148 (Wednesday, August 1, 2012)]
[Proposed Rules]
[Pages 45535-45539]
[FR Doc No: 2012-18508]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2005-0163; FRL-9355-8]
RIN 2070-ZA16

Aldicarb; Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revoke certain tolerances for the
insecticide and nematocide aldicarb because, in follow-up to voluntary
requests from a registrant, EPA amended an aldicarb registration to
delete specific uses, leaving no aldicarb registrations for those uses.
Also, in accordance with current Agency practice, EPA is proposing to
revise the nomenclature of specific tolerances and make minor revisions
to the tolerance expression for aldicarb.

DATES: Comments must be received on or before October 1, 2012.

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 online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection
Agency Docket Center (EPA/DC), Mail Code: 28221T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone

number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Unit II.A. 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
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 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.

C. What can I do if I wish the agency to maintain a tolerance that the
agency proposes to revoke?

    This proposed rule provides a comment period of 60 days for any
person to state an interest in retaining a tolerance proposed for
revocation. If EPA receives a comment within the 60-day period to that
effect, EPA will not proceed to revoke the tolerance immediately.
However, EPA will take steps to ensure the submission of any needed
supporting data and will issue an order in the Federal Register under
the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(f), if
needed. The order would specify data needed and the timeframes for its
submission, and would require that within 90 days some person or
persons notify EPA that they will submit the data. If the data are not
submitted as required in the order, EPA will take appropriate action
under FFDCA.
    EPA issues a final rule after considering comments that are
submitted in response to this proposed rule. In addition to submitting
comments in response to this proposal, you may also submit an objection
at the time of the final rule. If you fail to file an objection to the
final rule within the time period specified, you will have waived the
right to raise any issues resolved in the final rule. After the
specified time, issues resolved in the final rule cannot be raised
again in any subsequent proceedings.

II. Background

A. What action is the agency taking?

    EPA is proposing to revoke certain tolerances for aldicarb because,
in follow-up to voluntary requests from a registrant, EPA amended an
aldicarb registration to delete specific uses, leaving no aldicarb
registrations for those uses, and therefore the tolerances are no
longer needed. Also, EPA is proposing these revocations in accordance
with a Memorandum of Agreement (MOA) of August 16, 2010 between EPA and
the registrant regarding the registration of a pesticide product
containing aldicarb, which is available in the docket of this proposed
rule.
    It is EPA's general practice to propose revocation of those
tolerances for residues of pesticide active ingredients on crop uses
for which there are no active registrations under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), unless any person
submits comments on the proposal that indicate a need for the tolerance
to cover residues in or on imported commodities or legally treated
domestic commodities.
    In the Federal Register of October 7, 2010 (75 FR 62129) (FRL-8848-
1), EPA published a notice of receipt of a request to voluntarily amend
an aldicarb registration to terminate uses, including use of aldicarb
in or on citrus commodities and potato.
    In the Federal Register of May 9, 2012 (77 FR 27226) (FRL-9348-2)
and May 25, 2012 (77 FR 31355) (FRL-9351-4), EPA issued a cancellation
order and correction that announced its approval for the amendment of a
registration, including the termination of aldicarb uses in or on
citrus commodities and potato, effective immediately, which permitted
no use as of May 9, 2012. Tolerances are subject to the World Trade
Organization's (WTO's) Sanitary and Phytosanitary (SPS) Measures
Agreement, including its provisions in Annex B, paragraph 2 and WT/MIN
(01)/17, paragraph 5.2 (available at http://www.wto.org/english/tratop_e/sps_e/spsagr_e.htm and http://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_implementation_e.htm) which provide a
reasonable interval (6 months) for producers in exporting members to
adapt to the requirements of the importing members. Therefore, the
effective date of a tolerance revocation should normally be delayed at
least 6 months after publication. Consequently, EPA is proposing to
revoke the tolerances for aldicarb in 40 CFR 180.269 on citrus, dried
pulp; grapefruit; lemon; lime; orange, sweet; and potato with an
effective date of revocation that is 6 months after the date of
publication of a final rule in the Federal Register.
    Also, in accordance with current Agency practice, EPA is proposing
to

revise the commodity terminology in 40 CFR 180.269(a) for ``coffee,
bean, green'' to read ``coffee, green bean'' and ``soybean'' to read
``soybean, seed.'' In addition, in accordance with current Agency
practice to describe more clearly the measurement and scope or coverage
of the tolerances, including applicable metabolites and degradates, EPA
is proposing minor revisions to the tolerance expression for aldicarb
in 40 CFR 180.269(a) to read as set out in the proposed regulatory text
at the end of this document. The revisions do not substantively change
the tolerance or, in any way, modify the permissible level of residues
permitted by the tolerance.

B. What is the agency's authority for taking this action?

    A ``tolerance'' represents the maximum level for residues of
pesticide chemicals legally allowed in or on raw agricultural
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a,
as amended by the Food Quality Protection Act (FQPA) of 1996, Public
Law 104-170, authorizes the establishment of tolerances, exemptions
from tolerance requirements, modifications in tolerances, and
revocation of tolerances for residues of pesticide chemicals in or on
raw agricultural commodities and processed foods. Without a tolerance
or exemption, food containing pesticide residues is considered to be
unsafe and therefore ``adulterated'' under FFDCA section 402(a), 21
U.S.C. 342(a). Such food may not be distributed in interstate commerce
(21 U.S.C. 331(a)). For a food-use pesticide to be sold and
distributed, the pesticide must not only have appropriate tolerances
under the FFDCA, but also must be registered under FIFRA (7 U.S.C. 136
et seq.). Food-use pesticides not registered in the United States must
have tolerances in order for commodities treated with those pesticides
to be imported into the United States.
    EPA's general practice is to propose revocation of tolerances for
residues of pesticide active ingredients on crops for which FIFRA
registrations no longer exist and on which the pesticide may therefore
no longer be used in the United States. EPA has historically been
concerned that retention of tolerances that are not necessary to cover
residues in or on legally treated foods may encourage misuse of
pesticides within the United States. Nonetheless, EPA will establish
and maintain tolerances even when corresponding domestic uses are
canceled if the tolerances, which EPA refers to as ``import
tolerances,'' are necessary to allow importation into the United States
of food containing such pesticide residues. However, where there are no
imported commodities that require these import tolerances, the Agency
believes it is appropriate to revoke tolerances for unregistered
pesticides in order to prevent potential misuse.
    Furthermore, as a general matter, the Agency believes that
retention of import tolerances not needed to cover any imported food
may result in unnecessary restriction on trade of pesticides and foods.
Under FFDCA section 408, a tolerance may only be established or
maintained if EPA determines that the tolerance is safe based on a
number of factors, including an assessment of the aggregate exposure to
the pesticide and an assessment of the cumulative effects of such
pesticide and other substances that have a common mechanism of
toxicity. In doing so, EPA must consider potential contributions to
such exposure from all tolerances. If the cumulative risk is such that
the tolerances in aggregate are not safe, then every one of these
tolerances is potentially vulnerable to revocation. Furthermore, if
unneeded tolerances are included in the aggregate and cumulative risk
assessments, the estimated exposure to the pesticide would be inflated.
Consequently, it may be more difficult for others to obtain needed
tolerances or to register needed new uses. To avoid potential trade
restrictions, the Agency is proposing to revoke tolerances for residues
on crops uses for which FIFRA registrations no longer exist, unless
someone expresses a need for such tolerances. Through this proposed
rule, the Agency is inviting individuals who need these import
tolerances to identify themselves and the tolerances that are needed to
cover imported commodities.
    Parties interested in retention of the tolerances should be aware
that additional data may be needed to support retention. These parties
should be aware that, under FFDCA section 408(f), if the Agency
determines that additional information is reasonably required to
support the continuation of a tolerance, EPA may require that parties
interested in maintaining the tolerances provide the necessary
information. If the requisite information is not submitted, EPA may
issue an order revoking the tolerance at issue.

C. When do these actions become effective?

    EPA is proposing that the actions herein become effective 6 months
after the date of publication of the final rule in the Federal
Register. EPA is proposing this effective date for these actions to
allow a reasonable interval for producers in exporting members of the
WTO's SPS Measures Agreement to adapt to the requirements of a final
rule. EPA believes that treated commodities will have sufficient time
for passage through the channels of trade. If you have comments
regarding existing stocks and whether the effective date allows
sufficient time for treated commodities to clear the channels of trade,
please submit comments as described under SUPPLEMENTARY INFORMATION.
    Any commodities listed in this proposal treated with the pesticides
subject to this proposal, and in the channels of trade following the
tolerance revocations, shall be subject to FFDCA section 408(1)(5), as
established by FQPA. Under this unit, any residues of these pesticides
in or on such food shall not render the food adulterated so long as it
is shown to the satisfaction of the Food and Drug Administration that:
    1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA,
and
    2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates when the
pesticide was applied to such food.

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established an MRL for aldicarb in or on potato,
but has established MRLs for aldicarb, including an MRL in or on citrus
fruits at 0.2 milligrams/kilogram (mg/kg), which is covered by U.S.
tolerances for aldicarb at a higher level of 0.3 ppm on grapefruit,
lemon, lime, and orange,

sweet, and 0.6 ppm on citrus, dried pulp. These MRLs are different than
the tolerances established for aldicarb in the United States because of
differences in use patterns and/or good agricultural practices.

IV. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to revoke specific
tolerances established under FFDCA section 408. The Office of
Management and Budget (OMB) has exempted this type of action (e.g.,
tolerance revocation for which extraordinary circumstances do not
exist) from review under Executive Order 12866, entitled ``Regulatory
Planning and Review'' (58 FR 51735, October 4, 1993). Because this
proposed rule has been exempted from review under Executive Order 12866
due to its lack of significance, this proposed rule is not subject to
Executive Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This proposed rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Nor does
it require any special considerations as required by Executive Order
12898, entitled ``Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations'' (59 FR 7629, February
16, 1994); or OMB review or any other Agency action under Executive
Order 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This
action does not involve any technical standards that would require
Agency consideration of voluntary consensus standards pursuant to
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note). Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601
et seq.), the Agency previously assessed whether revocations of
tolerances might significantly impact a substantial number of small
entities and concluded that, as a general matter, these actions do not
impose a significant economic impact on a substantial number of small
entities. This analysis was published on December 17, 1997 (62 FR
66020) (FRL-5753-1), and was provided to the Chief Counsel for Advocacy
of the Small Business Administration. Taking into account this
analysis, and available information concerning the pesticides listed in
this proposed rule, the Agency hereby certifies that this proposed rule
will not have a significant negative economic impact on a substantial
number of small entities. In a memorandum dated May 25, 2001, EPA
determined that eight conditions must all be satisfied in order for an
import tolerance or tolerance exemption revocation to adversely affect
a significant number of small entity importers, and that there is a
negligible joint probability of all eight conditions holding
simultaneously with respect to any particular revocation. (This Agency
document is available in the docket of this proposed rule).
Furthermore, for the pesticide named in this proposed rule, the Agency
knows of no extraordinary circumstances that exist as to the present
proposal that would change the EPA's previous analysis. Any comments
about the Agency's determination should be submitted to the EPA along
with comments on the proposal, and will be addressed prior to issuing a
final rule. In addition, the Agency has determined that this action
will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, entitled
``Federalism'' (64 FR 43255, August 10, 1999). Executive Order 13132
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the Executive order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' This proposed rule directly regulates
growers, food processors, food handlers, and food retailers, not
States. This action does not alter the relationships or distribution of
power and responsibilities established by Congress in the preemption
provisions of FFDCA section 408(n)(4). For these same reasons, the
Agency has determined that this proposed rule does not have any
``tribal implications'' as described in Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' ``Policies that have tribal implications'' is
defined in the Executive order to include regulations that have
``substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes.'' This proposed rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: July 18, 2012.
Steven Bradbury,
Director, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR chapter I be amended as
follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as
follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

    2. In Sec.  180.269 paragraph (a) is revised to read as follows:

Sec.  180.269  Aldicarb; tolerances for residues.

    (a) General. Tolerances are established for residues of the
insecticide and nematocide aldicarb, including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is to
be determined by measuring only the sum of aldicarb (2-methyl-2-
(methylthio)propanal O-((methylamino)carbonyl)oxime), and its
cholinesterase-inhibiting metabolites 2-methyl-2-
(methylsulfinyl)propanal O-((methylamino)carbonyl)oxime and 2-methyl-2-
(methylsulfonyl)propanal O-((methylamino)carbonyl)oxime, calculated as
the stoichiometric equivalent of aldicarb, in or on the commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Bean, dry, seed.........................................            0.1
Beet, sugar, roots......................................            0.05
Beet, sugar, tops.......................................            1
Coffee, green bean......................................            0.1
Cotton, undelinted seed.................................            0.1
Cotton, hulls...........................................            0.3
Peanut..................................................            0.05
Pecan...................................................            0.5
Sorghum, grain, bran....................................            0.5
Sorghum, grain, grain...................................            0.2
Sorghum, grain, stover..................................            0.5
Soybean, seed...........................................            0.02
Sugarcane, cane.........................................            0.02
Sweet potato, roots.....................................            0.1
------------------------------------------------------------------------

* * * * *
[FR Doc. 2012-18508 Filed 7-31-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 26, 2008 (Volume 73, Number 124)]
[Notices]
[Page 36309-36310]
[DOCID:fr26jn08-34]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC08-523-001, FERC-523]

Commission Information Collection Activities, Proposed
Collection; Comment Request; Submitted for OMB Review

June 19, 2008.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy
Regulatory Commission (Commission) has submitted the information
collection described below to the Office of Management and Budget (OMB)
for review of this information collection requirement. Any interested
person may file comments directly with OMB and should address a copy of
those comments to the Commission as explained below. The Commission
received no comments in response to an earlier Federal Register notice
of February 26, 2008 (73 FR 10236-10237) and has made this notation in
its submission to OMB.

DATES: Comments on the collection of information are due by July 21,
2008.

ADDRESSES: Address comments on the collection of information to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.
Comments to OMB should be filed electronically, c/o oira_
<EMAIL_ADDRESS>and include the OMB Control No. (1902-0043) as a
point of reference. The Desk Officer may be reached by telephone at
202-395-7345. A copy of the comments should also be sent to the Federal
Energy Regulatory Commission, Office of the Executive Director, ED-34,
Attention: Michael Miller, 888 First Street, NE., Washington, DC 20426.
Comments may be filed either in paper format or electronically. Those
persons filing electronically do not need to make a paper filing. For
paper filings, such comments should be submitted to the Secretary of
the Commission, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426 and should refer to Docket No. IC08-523-001.
Documents filed electronically via the Internet must be prepared in an
acceptable filing format and in compliance with the Federal Energy
Regulatory Commission submission guidelines. Complete filing
instructions and acceptable filing formats are available at (http://
www.ferc.gov/help/submission-guide/electronic-media.asp). To file the
document electronically, access the Commission's Web site and click on
Documents & Filing, E-Filing (http://www.ferc.gov/docs-filing/
efiling.asp), and then follow the instructions for each screen. First
time users will have to establish a user name and password. The
Commission will send an automatic acknowledgement to the sender's e-
mail address upon receipt of comments.
    All comments may be viewed, printed or downloaded remotely via the
Internet through FERC's homepage using the ``eLibrary'' link. For user
assistance, contact<EMAIL_ADDRESS>or toll-free at (866)
208-3676 or for TTY, contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by
telephone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>, and by e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The information collection under the
requirements of FERC-523 ``Applications for Authorization of Issuance
of Securities.''
    Under Federal Power Act (FPA) section 204, 16 U.S.C. 824c:

    ``No public utility or licensee shall issue any security, or
assume any obligation or liability as guarantor, indorser, surety,
or otherwise in respect of any security of another person, unless
and until, and then only to the extent that, upon application by the
public utility, the Commission by order authorized such issue or
assumption of the liability. The Commission shall make such order if
it finds that such issue or assumption (a) is for lawful object,
within the corporate purposes of the applicant and compatible with
the public interest, which is necessary or appropriate for or
consistent with the proper performance by the applicant of service
as a public utility and which will not impair its ability to perform
that service, and (b) is reasonably necessary or appropriate for
such purposes.* * *

    The Commission uses the information contained in filings to
determine its acceptance and/or rejection for granting applications for
authorization to either issue securities or to assume an obligation or
liability by the public utilities and their licensees who make these
applications.
    The Commission implements this statute through its regulations,
which are found at 18 CFR part 34; sections 131.43 and 131.50 of 18 CFR
Part 131 prescribe the required format for the filings. The information
is filed electronically.
    Action: The Commission is requesting a three-year extension of the
current expiration date with no changes to the current reporting
requirements.
    Burden Statement: Public reporting burden for this collection is
estimated as:

----------------------------------------------------------------------------------------------------------------
                                                                  Number of      Average burden    Total annual
              Number of responses annually  (1)                 responses per      hours per       burden hours
                                                               respondent  (2)   response  (3)     (1)x(2)x(3)
----------------------------------------------------------------------------------------------------------------
60...........................................................               1               88             5280
----------------------------------------------------------------------------------------------------------------

    The estimated total cost to respondents is $320,821 [5,280 hours
divided by 2080 hours \1\ times $126,384 \2\ equals $320,821]. The cost
of filing FERC-523, per respondent, is $5,347 (rounded-off).
---------------------------------------------------------------------------

    \1\ Number of hours an employee works each year.
    \2\ Average annual salary per employee 3.
---------------------------------------------------------------------------

    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, using technology and systems for the purposes of
collecting, validating, verifying, processing, maintaining, disclosing
and providing information; (3) adjusting the existing ways to comply
with any previously applicable filing instructions and requirements;
(4) training personnel to respond to this collection of information;
(5) searching data sources; (6) completing and reviewing the collection
of information; and (7) transmitting, or otherwise

disclosing the information. The cost estimate for respondents is based
upon salaries for professional and clerical support, as well as direct
and indirect overhead costs. Direct costs include all costs directly
attributable to providing this information, such as administrative
costs and the cost for information technology. Indirect or overhead
costs are costs incurred by an organization in support of its mission.
These costs apply to activities which benefit the whole organization
rather than any one particular function or activity.
    Comments are invited on the accuracy of the agency's burden
estimate of the proposed information collection, including the validity
of the methodology and assumptions used to calculate the reporting
burden; and ways to enhance the quality, utility and clarity of the
information to be collected.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-14451 Filed 6-25-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: August 20, 2008 (Volume 73, Number 162)]
[Notices]
[Page 49184-49189]
[DOCID:fr20au08-51]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0525; FRL-8379-4]

Carbaryl; Notice of Receipt of Requests to Voluntarily Cancel or
to Terminate Uses of 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 various registrants to voluntarily
amend their registrations to terminate uses of certain products
containing carbaryl, or to eliminate certain application methods for
carbaryl products. The requests would terminate carbaryl use in or on
wheat, millet, cotton, and fresh/succulent shelled beans and peas (crop
subgroup 6B); preplant drench or dip treatments of seedlings or seed
pieces; use on poultry or in or on poultry premises/dwellings; all use
on pets (dogs, cats and other pets) except for flea collars, use on pet
premises, use in or on pet sleeping quarters; and all indoor
applications. These requests would also terminate the use of dust
formulations in or on agricultural crops, application of granular
formulations to leafy vegetables (except Brassica), ultra-low volume
(ULV) applications for adult mosquito control, and all applications by
backpack sprayers. Last, the requests

would terminate broadcast application of liquid formulations of
carbaryl to residential lawns. 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 September 19, 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<PHONE_NUMBER>.
    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<PHONE_NUMBER>.

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:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
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 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 several
registrants, listed in Table 2 of Unit III. 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 from July 22 to August 4, 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, cotton,
and fresh/succulent shelled beans and peas (crop subgroup 6B); preplant
drench or dip treatments of seedlings or seed pieces; use on poultry or
in or on poultry premises/dwellings; all use on pets (dogs, cats and
other pets) except for flea collars, use on pet premises, use in or on
pet sleeping quarters; and all indoor applications. Registrants are no
longer supporting the use of dust formulations in or on agricultural
crops, application of granular formulations to leafy vegetables (except
Brassica), ultra-low volume (ULV) applications for adult mosquito
control, and all applications by backpack sprayers. Last, Bayer
CropScience is requesting termination of the broadcast application of
liquid carbaryl products to residential lawns. (This use has previously
been removed from all technical and manufacturing use product labels.)
The complete lists 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, or
    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.

   Table 1.--Carbaryl Product Registrations with Pending Requests for
                               Amendments
------------------------------------------------------------------------
                                                          Uses Being
                                                      Terminated and/or
      Registration Number            Product Name    Application Methods
                                                       Being Eliminated
------------------------------------------------------------------------
239-1349                         Ortho Sevin 5 Dust  Poultry and poultry
                                                      premises; domestic
                                                      pets and premises
------------------------------------------------------------------------
239-2181                         Ortho Sevin Garden  Domestic pets and
                                  Dust                premises;
                                                      succulent/fresh
                                                      beans and peas
                                                      (subgroup 6B)
------------------------------------------------------------------------
239-2514                         Get-A-Bug Snail,    Succulent/fresh
                                  Slug and Insect     beans and peas
                                  Killer              (subgroup 6B);
                                                      leafy vegetables
                                                      (except Brassica
                                                      vegetables)
------------------------------------------------------------------------
239-2628                         Ortho Sevin Liquid  Succulent/fresh
                                  Brand Carbaryl      beans and peas
                                  Insecticide         (subgroup 6B);
                                  Formula II          poultry and
                                                      poultry premises
------------------------------------------------------------------------
264-315                          Sevin[reg] Brand    Pea and bean,
                                  85 Sprayable        succulent shelled
                                  Carbaryl            (subgroup 6B);
                                  Insecticide         millet; wheat;
                                                      preplant root dip
                                                      for sweet potato;
                                                      preplant root dip/
                                                      drench for nursery
                                                      stock, vegetable
                                                      transplants,
                                                      bedding plants,
                                                      and foliage
                                                      plants; ULV
                                                      application for
                                                      adult mosquito
                                                      control; outdoor
                                                      pet sleeping
                                                      quarters
------------------------------------------------------------------------
264-316                          SEVIN[reg] 80       Pea and bean,
                                  Solupak             succulent shelled
                                                      (subgroup 6B);
                                                      millet; wheat;
                                                      preplant root dip
                                                      for sweet potato;
                                                      preplant root dip/
                                                      drench for nursery
                                                      stock, vegetable
                                                      transplants,
                                                      bedding plants,
                                                      and foliage
                                                      plants; ULV
                                                      application for
                                                      adult mosquito
                                                      control; outdoor
                                                      pet sleeping
                                                      quarters
------------------------------------------------------------------------
264-328                          Sevin Brand 80%     Agricultural uses
                                  Dust Base
------------------------------------------------------------------------
264-333                          SEVIN[reg] brand    Pea and bean,
                                  XLR PLUS Carbaryl   succulent shelled
                                  Insecticide         (subgroup 6B);
                                                      millet; wheat;
                                                      preplant root dip
                                                      for sweet potato;
                                                      preplant root dip/
                                                      drench for nursery
                                                      stock, vegetable
                                                      transplants,
                                                      bedding plants,
                                                      and foliage
                                                      plants; ULV
                                                      application for
                                                      adult mosquito
                                                      control; outdoor
                                                      pet sleeping
                                                      quarters
------------------------------------------------------------------------
264-334                          SEVIN[reg] brand    Pea and bean,
                                  RP2 Carbaryl        succulent shelled
                                  Insecticide         (subgroup 6B);
                                                      preplant root dip
                                                      for sweet potato;
                                                      outdoor pet
                                                      sleeping quarters;
                                                      liquid broadcast
                                                      use for
                                                      residential lawns
------------------------------------------------------------------------
264-335                          SEVIN[reg] brand     Pea and bean,
                                  RP4 Carbaryl        succulent shelled
                                  Insecticide         (subgroup 6B);
                                                      millet; wheat;
                                                      preplant root dip
                                                      for sweet potato;
                                                      preplant root dip/
                                                      drench for nursery
                                                      stock, vegetable
                                                      transplants,
                                                      bedding plants,
                                                      and foliage
                                                      plants; ULV
                                                      application for
                                                      adult mosquito
                                                      control; outdoor
                                                      pet sleeping
                                                      quarters; liquid
                                                      broadcast use for
                                                      residential lawns
------------------------------------------------------------------------

264-349                          SEVIN[reg] brand    Pea and bean,
                                  4F Carbaryl         succulent shelled
                                  Insecticide         (subgroup 6B);
                                                      millet; wheat;
                                                      preplant root dip
                                                      for sweet potato;
                                                      preplant root dip/
                                                      drench for nursery
                                                      stock, vegetable
                                                      transplants,
                                                      bedding plants,
                                                      and foliage
                                                      plants; ULV
                                                      application for
                                                      adult mosquito
                                                      control; outdoor
                                                      pet sleeping
                                                      quarters
------------------------------------------------------------------------
264-429                          SEVIN[reg] brand    Leafy vegetables
                                  Granular Carbaryl   (except Brassica)
                                  Insecticide
------------------------------------------------------------------------
264-526                          SEVIN[reg] brand    Pea and bean,
                                  80 WSP Carbaryl     succulent shelled
                                  Insecticide         (subgroup 6B);
                                                      millet; wheat;
                                                      preplant root dip
                                                      for sweet potato;
                                                      preplant root dip/
                                                      drench for nursery
                                                      stock, vegetable
                                                      transplants,
                                                      bedding plants,
                                                      and foliage
                                                      plants; ULV
                                                      application for
                                                      adult mosquito
                                                      control; outdoor
                                                      pet sleeping
                                                      quarters
------------------------------------------------------------------------
432-885                          SEVIN[reg] Brand    Leafy vegetables
                                  Granular Carbaryl   (except Brassica)
                                  Insecticide
------------------------------------------------------------------------
432-982                          SEVIN[reg] Brand    Pea and bean,
                                  97.5% Insecticide   succulent shelled
                                                      (subgroup 6B);
                                                      preplant root dip/
                                                      drench treatment
                                                      for nursery stock,
                                                      vegetable
                                                      transplants,
                                                      bedding plants,
                                                      and foliage plants
------------------------------------------------------------------------
432-1211                         AES Carbaryl        Pea and bean,
                                  Insecticide         succulent shelled
                                  Spray, RTU          (subgroup 6B)
------------------------------------------------------------------------
432-1212                         SEVIN[reg] Grub     Leafy vegetables
                                  Killer Granules     (except Brassica);
                                                      pea and bean,
                                                      succulent shelled
                                                      (subgroup 6B)
------------------------------------------------------------------------
432-1213                         SEVIN[reg]          Leafy vegetables
                                  Granules Ant,       (except Brassica);
                                  Flea, Tick, and     pea and bean,
                                  Grub Killer         succulent shelled
                                                      (subgroup 6B)
------------------------------------------------------------------------
432-1226                         SEVIN 40WSP         Preplant root dip/
                                  Carbaryl            drench for nursery
                                  Insecticide         stock, vegetable
                                                      transplants,
                                                      bedding plants,
                                                      and foliage
                                                      plants; outdoor
                                                      pet sleeping
                                                      quarters; liquid
                                                      broadcast use on
                                                      residential lawns
------------------------------------------------------------------------
432-1227                         SEVIN SL Carbaryl   Outdoor pet
                                  Insecticide         sleeping quarters;
                                                      liquid broadcast
                                                      use on residential
                                                      lawns
------------------------------------------------------------------------
432-1237                         BES Garden Dust     Pea and bean,
                                  10%                 succulent shelled
                                                      (subgroup 6B)
------------------------------------------------------------------------
432-1238                         AES Carbaryl        Pea and bean,
                                  Insecticide         succulent shelled
                                  Spray; RTU          (subgroup 6B)
------------------------------------------------------------------------
432-1239                         BES Garden Dust 5%  Bean succulent
                                                      shelled
------------------------------------------------------------------------
432-1244                         AES SEVIN[reg]      Leafy vegetables
                                  Granules Ant,       (except Brassica)
                                  Flea, Tick, and
                                  Grub Killer (1%
                                  Sevin)
------------------------------------------------------------------------
829-128                          SA-50 Brand Sevin   Direct application
                                  5% Dust             to domestic pets
                                                      or dwellings;
                                                      Succulent/fresh
                                                      peas and beans
                                                      (subgroup 6B); all
                                                      agricultural uses
------------------------------------------------------------------------
829-285                          Cutworm and         Succulent/fresh
                                  Cricket Bait        peas and beans
                                                      (subgroup 6B);
                                                      leafy vegetables
                                                      (except Brassica
                                                      vegetables)
------------------------------------------------------------------------
2935-366                         Wilbur-Ellis Sevin  Wheat; peas and
                                  5 Bait              beans, succulent
                                                      or fresh (subgroup
                                                      6B); leafy
                                                      vegetables (except
                                                      Brassica
                                                      vegetables)
------------------------------------------------------------------------
7401-38                          Ferti-Lome Liquid   Pea and bean,
                                  Sevin Home Garden   succulent (fresh)
                                  Spray               shelled (subgroup
                                                      6B)
------------------------------------------------------------------------
7401-69                          Ferti-Lome Garden   Pea and bean,
                                  Dust                succulent (fresh)
                                                      shelled (subgroup
                                                      6B); direct
                                                      applications to
                                                      domestic pets or
                                                      pet premises
                                                      (indoor or
                                                      outdoor)
------------------------------------------------------------------------
7401-166                         Hi-Yield 10%        Pea and bean,
                                  Carbaryl Garden     succulent (fresh)
                                  Dust                shelled (subgroup
                                                      6B); domestic pets
                                                      or pet premises
                                                      (indoor or
                                                      outdoor)
------------------------------------------------------------------------
8119-5                           Corry's Slug,       Leafy vegetables
                                  Snail and Insect    (except Brassica)
                                  Killer
------------------------------------------------------------------------

71096-15                         Bonide Snail,       Succulent/fresh
                                  Slug, and Sowbug    peas and beans
                                  Bait                (subgroup 6B);
                                                      leafy vegetables
                                                      (except Brassica)
------------------------------------------------------------------------
9198-146                         The Andersons 8.0%  Peas and beans,
                                  Granular Carbaryl   succulent or fresh
                                                      (subgroup 6B);
                                                      leafy vegetables
                                                      (except Brassica)
------------------------------------------------------------------------
11656-21                         Coastox Carbaryl    Peas and beans,
                                  Cutworm Bait        succulent or fresh
                                                      (subgroup 6B);
                                                      leafy vegetables
                                                      (except Brassica)
------------------------------------------------------------------------
9198-223                         The Andersons       Peas and beans,
                                  Insect Killer       succulent or fresh
                                  Granules with       (subgroup 6B);
                                  2.0% Carbaryl       leafy vegetables
                                                      (except Brassica)
------------------------------------------------------------------------
19713-49                         Drexel Carbaryl 4L  Succulent beans and
                                                      peas; preplant dip
                                                      for sweet potato;
                                                      wheat; millet; dip
                                                      or drench
                                                      treatment to
                                                      nursery stock or
                                                      transplants, etc;
                                                      indoor uses; ULV
                                                      mosquito
                                                      adulticide; all
                                                      applications using
                                                      backpack sprayers
------------------------------------------------------------------------
19713-50                         Drexel Carbaryl     Succulent beans and
                                  80S                 peas; preplant
                                                      root dip for sweet
                                                      potato; wheat;
                                                      millet; poultry or
                                                      poultry premises;
                                                      seedling dip/
                                                      drench for nursery
                                                      stock; pet
                                                      premises; pet
                                                      sleeping quarters;
                                                      ULV mosquito
                                                      adulticide; all
                                                      applications using
                                                      backpack sprayers
------------------------------------------------------------------------
19713-53                         Drexel Carbaryl     All agricultural
                                  10D                 uses; succulent
                                                      beans and peas
------------------------------------------------------------------------
19713-75                         Drexel Carbaryl     Succulent beans and
                                  Technical           peas; proso millet
------------------------------------------------------------------------
19713-89                         Carbaryl 2L         Succulent beans and
                                                      peas; preplant dip
                                                      for sweet potato;
                                                      indoor
                                                      applications; ULV
                                                      mosquito
                                                      adulticide; all
                                                      applications using
                                                      backpack sprayers
------------------------------------------------------------------------
19713-212                        Carbaryl 10D        Dust for
                                                      agricultural use;
                                                      cotton; succulent
                                                      beans; poultry;
                                                      dogs; cats
                                                      (household pets)
------------------------------------------------------------------------
19713-213                        Carbaryl 5D         All agricultural
                                                      uses; succulent
                                                      beans and peas
------------------------------------------------------------------------
19713-244                        Carbaryl 80 Dust    Succulent peas and
                                  Base                beans, (subgroup
                                                      6B); wheat;
                                                      millet; poultry;
                                                      dogs and pets; all
                                                      indoor uses
                                                      (domestic
                                                      dwellings,
                                                      residential and
                                                      commercial,
                                                      barns);
                                                      formulation into
                                                      products for dip
                                                      or drench
                                                      treatments
------------------------------------------------------------------------
19713-363                        Carbaryl 85         Succulent beans and
                                  Sprayable           peas; preplant dip
                                                      for sweet potato;
                                                      root dip or drench
                                                      treatments; ULV
                                                      mosquito
                                                      adulticide; all
                                                      applications using
                                                      backpack sprayers
------------------------------------------------------------------------
82200-1                          Turf and Garden     Leafy vegetables
                                  Seven % Granular    (except Brassica)
                                  Carbaryl
                                  Insecticide
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
239                                         The Ortho Business Group,
                                            c/o The Scotts Company LLC
                                            P.O. Box 190
                                            Marysville, Ohio 43040
------------------------------------------------------------------------
264                                         Bayer CropScience
                                            PO Box 12014
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------
432                                         Bayer Environmental Science
                                            2 TW Alexander Drive,
                                            PO Box 12014
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------
829                                         Southern Agricultural
                                             Insecticides, Inc.
                                            P.O. Box 218
                                            Palmetto, Florida 34220
------------------------------------------------------------------------
2935                                        Wilbur Ellis Company
                                            P.O. Box 1286
                                            Fresno, California 93715
------------------------------------------------------------------------
7401                                        Voluntary Purchasing Groups,
                                             Inc.
                                            P.O. Box 460, 230 FM 87
                                            Bonham, Texas 75418
------------------------------------------------------------------------

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
                                            2787 W. Bullard Suite 105
                                            Fresno, CA 93711
------------------------------------------------------------------------
19713                                       Drexel Chemical Company
                                            1700 Channel Avenue
                                            Post Office Box 13327
                                            Memphis, TN 38113-0327
------------------------------------------------------------------------
71096                                       Or-Cal, Inc.
                                            17220 Westview Road
                                            Oswego, Oregon 97034
------------------------------------------------------------------------
82200                                       Viachem, LLC
                                            9701 Fields Road, No. 2400
                                            Gaithersburg, Maryland 20878
------------------------------------------------------------------------

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 September 19, 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
Tables 1 and 2 in Unit III. 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, with the exception of
Scotts Ortho Business Group, who may sell and distribute existing
stocks of EPA Registration Number 239-2514 in Table 2 of Unit III. for
24 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: August 12, 2008.
 Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-19171 Filed 8-19-08; 8:45 am]

BILLING CODE 6560-50-S