carbofuran (Furadan) Notice of Receipt and Partial Final Determination
CARBOFURAN: REQUESTS TO AMEND REGISTRATIONS TO DELETE CERTAIN USES AND
FINAL DETERMINATION WITH RESPECT TO THOSE USES
AGENCY: Environmental Protection Agency (EPA)
ACTION: Notice of receipt and partial final determination
SUMMARY: This Notice, pursuant to section 6(f)(1) of the Federal
Insecticide. Fungicide, and Rodenticide Act (FIFRA). 7 U.S.C. 136 et
seq., announces EPA's receipt of a request from FMC Corp., the sole
registrant of carbofuran, to amend labels and registrations of its
granular carbofuran products to delete certain uses. This Notice also
announces that EPA intends to approve the registrant's request. Once
approved, the amendments would become effective on November 15, 1990(l).
The uses being deleted will no longer be covered by the Special Review
of granular carbofuran. Affected carbofuran products manufactured after
November 15,1990 will be required to bear the new labeling as described
in this Notice. FMC shall not sell or distribute after November 15,
1990 any quantity of the affected products which bears the previously
approved labeling and which is produced by FMC after November 15, 1990.
Products bearing former labeling may be sold until July 15,1991.
DATES: Effective: EPA intends to grant the requested modifications to
carbofuran registrations deleting the uses specified in this Notice on
October 19, 1990.
Compliance: After November 15,1990, all products manufactured by FMC
must bear labeling containing the revisions discussed in this Notice.
FMC shall not sell or distribute after November 15, 1990 any quantity of
the affected products which bears the previously approved labeling and
which is produced by FMC after November 15, 1990. After July 15,1991,
all products distributed or sold by any person must bear labeling
containing the revisions discussed in this Notice.
FOR FURTHER INFORMATION CONTACT:
Karis North, Special Review Manager.
Special Review Branch,
Special Review and Reregistration Division, (H7508C),
Office of Pesticide Programs,
U.S. Environmental Protection Agency,
401 M St. SW.,
Washington, DC 20460
Office location and telephone number:
Rm. 2N3, Crystal Square #1,
2805 Jefferson Davis Highway,
Arlington, Virginia 22202
As discussed below, on May 1,1990, FMC Corporation requested
deletion of certain uses from their carbofuran 10G and 15G
registrations. FMC is the sole registrant of granular pesticide products
containing carbofuran as an active ingredient. Pursuant to section
6(f)(1) of the Federal Insecticide, Fungicide. and Rodenticide Act
(FIFRA), 7 U.S.C. 136d(f)(1) this Notice announces receipt by EPA of
this request. EPA intends to grant the use deletions requested by FMC
on October 19, 1990. This Notice concludes the Special Review with
respect to the uses being deleted.
On September 30,1985 EPA issued a notice which initiated the
Special Review of granular carbofuran, based on risks carbofuran poses
to avian species (50 FR 41938). Following receipt and analysis of
comments, EPA published a Notice of Preliminary Determination to cancel
all registrations of granular carbofuran (54 FR 3744) (January 25,1989).
This determination was based on a multitude of factors which included
consideration of laboratory data on acute avian toxicity, avian exposure
to granular carbofuran, field studies, bird kill incidents, possible
population effects, potential risks from alternative insecticides, and
the benefits of carbofuran use.
As required by 40 CFR 154.31(b)(1), EPA also forwarded a draft
Notice of Intent to Cancel granular carbofuran products to the
Department of Agriculture and Scientific Advisory Panel (SAP) to permit
their review of the Agency's proposed action.
EPA's Preliminary Determination included consideration of a 1986
risk reduction program proposed by FMC. The major points of the FMC
proposal included reducing the percent of active ingredient by
eliminating the 15G product from the market in favor of the 10G product
(while retaining the registration), reducing the application rate in
corn from 4 to 1 lb. of active ingredient per acre (based on a 40-inch
row space), substituting "T band" for band application methods, and
various research, educational, and funding activities. The Agency also
explored the adequacy of a modified risk reduction program, which would
have gone further than the FMC program by eliminating the 15G
formulation registration reducing the application rate in all crops, and
limiting use to in-furrow application only (54 FR 3748). The Agency
determined that none of the measures considered would adequately reduce
the risks carbofuran poses to birds sufficiently to bring the risks and
benefits of carbofuran use into balance (55 FR 3751).
On January 25, 1990, EPA published A FEDERAL REGISTER notice of a
public meeting of the EPA Science Advisory Panel to be held on February
(1) FMC originally proposed that the effective date of such an amendment
would be November 1, 1990 based on expected Agency approval by September
15, 1990. Because the details of the amendments were not resolved until
October 4, 1990, the effective date has shifted to November 15, 1990.
The Panel reviewed the data base supporting the Agency's Preliminary
Determination to cancel registrations of granular carbofuran and took
comments from FMC and other interested parties. The Report of Panel
Recommendations notes that the Panel generally supports the Agency's
determination to cancel granular carbofuran uses.
On August 16, 1989, FMC presented to EPA officials a proposal
containing further modifications. At that time the program included
some variations in the use practice modifications, introduction of a
granular cut-off device for planters designed to eliminate spills and
leaks of granules, as well as deletion of 12 of the 19 uses registered
under section 3 of FIFRA. FMC noted that these uses could not be
maintained in a way that is consistent with other elements of their risk
reduction proposal. This Notice pertains to the third element of the
program, the deletion of federally registered uses.
In a letter to FMC dated November 28, 1989, EPA noted that the impact
that elimination of 12 minor uses which contribute only minimally to
overall granular carbofuran treatment would have upon the overall risks
to avian species would be uncertain. EPA indicated, however, that if
FMC chooses to submit a formal request to delete those uses, EPA would
accept this part of the proposal. While FMC scaled back its proposal
from deleting 12 uses to deleting eight uses, EPA is nevertheless still
inclined to grant the request.
III. SUMMARY OF REQUEST
This unit includes a summary of the FMC request to delete uses from
carbofuran registrations. A copy of the request has been included in
the public docket [OPP-30000/48) which is maintained for the Carbofuran
FMC submitted applications to amend its granular carbofuran
registrations on May 1, 1990. These applications included requests to
delete 8 of the 12 uses which FMC had originally proposed for deletion
in August of 1989. As part of their applications, FMC submitted
proposed labeling with these eight uses deleted.
FMC has requested deletion of the following uses of granular
carbofuran: grapes, peppers, potatoes, sugarcane, tobacco, Siberian
elm, cottonwood, and pine seed orchards. The registration numbers and
product names for section 3 registrations covered by this request are as
Furadan 10G Insecticide ..Nematicide Reg. #279-2712
Furadan 15G Insecticide ..Nematicide Reg. #279-3023
Pending the outcome of the Carbofuran Special Review and any
subsequent proceedings, if needed, the following uses would remain on
carbofuran labels: field corn, sweet corn, sorghum, soybeans, rice,
peanuts, sugar beets, and sunflowers. FMC has submitted an application
for amendment requesting a number of modifications to labels for these
uses. This request is not discussed in detail here because it is not
the subject of this Notice.
With the exception of its Special Local Needs Registrations issued
pursuant to section 24(c) of FIFRA, FMC has submitted applications for
amendments to its pesticide registrations and revised labeling for both
registered carbofuran products. The applications are for amendments to
take effect November 1, 1990(2). EPA intends to approve applications on
October 19,1990. The modifications to the registration then become
effective November 15, 1990.
Subsequent to its August 16,1990 proposal, FMC proposed deleting
several Special Local Needs Registrations issued pursuant to section
24(c) of FIFRA, and modifying others. As of this date, FMC has not
taken formal action to put these aspects of its proposal into effect.
IV. NOTICE OF FINAL DETERMINATION
As noted in Unit III of this document, certain uses are being deleted
from granular carbofuran registrations pursuant to applications for
amendments submitted by FMC. Because EPA intends to grant these
applications, this section will effectively terminate the Carbofuran
Special Review with respect to those uses and obviate any need for
additional analysis concerning the risks and benefits which would be
associated with retention of the uses. Accordingly, this Notice
constitutes the Agency's Final Determination and concludes the Special
Review with respect to the uses being deleted.