Fenamiphos; Amendment to Use Deletion and Product Cancellation Order, 33082-33084 [E8-13003]

Download as PDF 33082 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices sroberts on PROD1PC70 with NOTICES You may also provide the name, date, and Federal Register citation. III. What Information Collection Activity or ICR Does this Action Apply to? Affected entities: Entities potentially affected by this action are a business engaged in the manufacturing of pesticides and other agricultural chemicals. Potentially affected entities may include, but are not limited to: Manufacturers of pesticides and other agricultural chemicals (NAICS code 325320), e.g., exporters of unregistered pesticide products. 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 above 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 40 CFR 168.75. Title: Foreign Purchaser Acknowledgment Statement of Unregistered Pesticides. ICR numbers: EPA ICR No. 0161.11, OMB Control No. 2070–0027. ICR status: This ICR is currently scheduled to expire on February 28, 2009. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. Abstract: This information collection program is designed to enable EPA to provide notice to foreign purchasers of unregistered pesticides exported from the United States that the pesticide product cannot be sold in the United States. Section 17(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires an exporter of any pesticide not registered under FIFRA section 3 or sold under FIFRA section 6(a)(1) to obtain a signed statement from the foreign purchaser acknowledging that the purchaser is aware that the pesticide is not registered for use in, and cannot be sold in, the United States. A VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 copy of this statement must be transmitted to an appropriate official of the government in the importing country. The purpose of the purchaser acknowledgment statement requirement is to notify the government of the importing country that a pesticide judged hazardous to human health or the environment, or for which no such hazard assessment has been made, will be imported into that country. This information is submitted in the form of annual or per shipment statements to EPA, which maintains original records and transmits copies thereof to appropriate government officials of the countries which are importing the pesticides. Burden statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 1.06 hours (around 65 minutes) per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The ICR provides a detailed explanation of this estimate, which is only briefly summarized here: Estimated total number of potential respondents: 2,500. Frequency of response: Annual or per shipment. Estimated total average number of responses for each respondent: 1–2. Estimated total annual burden hours: 24,492 hours. Estimated total annual costs: $1,574,306. IV. Are There Changes in the Estimates from the Last Approval? There is a decrease of 208 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease reflects the average annual number of respondents per calendar year from 2005–2007. The decrease in annual reporting and recordkeeping cost is an adjustment that reflects the PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Agency’s new estimates of wages, benefits, and overhead for all labor categories for affected industries, state government, and EPA employees. This change is an adjustment. V. What is the Next Step in the Process for this ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the person listed under FOR FURTHER INFORMATION CONTACT. List of Subjects Environmental protection, Reporting and recordkeeping requirements. Dated: June 2, 2008. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. E8–13006 Filed 6–10–08; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2003–0200; FRL–8368–2] Fenamiphos; Amendment to Use Deletion and Product Cancellation Order Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: This notice announces EPA’s amendment to the order for the cancellation of products, voluntarily requested by the registrant and accepted by the Agency, of products containing the pesticide fenamiphos, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This amendment follows a December 10, 2003 Federal Register Use Deletion and Product Cancellation Order which approved the voluntary request submitted by Bayer Corporation to cancel all registrations for products containing the active ingredient fenamiphos. These are the last fenamiphos products registered for use in the United States. The December 10, 2003 order prohibited the sale and distribution of fenamiphos products by persons other than the registrant after E:\FR\FM\11JNN1.SGM 11JNN1 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices May 31, 2008. The sole technical registrant for fenamiphos, Bayer Environmental Science, subsequently requested that the Agency extend the May 31, 2008 deadline for Nemacur 10% Turf and Ornamental Nematicide (EPA Reg. No. 432–1291) and Nemacur 3 Emulsifiable Systemic InsecticideNematicide (EPA Reg. No. 264–731). The Agency will extend the deadline for persons other than the registrant to sell and distribute Nemacur 10% Turf and Ornamental Nematicide as well as Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide until November 30, 2008. DATES: This amendment is effective June 11, 2008. FOR FURTHER INFORMATION CONTACT: Eric Miederhoff, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (703) 347– 8028; fax number: (703) 308–7070; email address: miederhoff.eric@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information sroberts on PROD1PC70 with NOTICES 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. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2003–0200. Publicly available docket materials are available either in the electronic docket at https:// www.regulations.gov, or, if only available in hard copy, at the Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305–5805. VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the Federal Register listings at https://www.epa.gov/fedrgstr. II. What Action is the Agency Taking? This notice announces the amendment of the December 10, 2003 use deletion and product cancellation order of fenamiphos products registered under section 3 of FIFRA. The affected registrations are listed by registration number in Table 1 of this unit. TABLE 1.—FENAMIPHOS PRODUCTS AFFECTED EPA Registration Number Product Name 432–1291 Nemacur 10% Turf and Ornamental Nematicide 264–731 Nemacur 3 Emulsifiable Systemic InsecticideNematicide Table 2 of this unit includes the name and address of record for the registrant of the product in Table 1 of this unit, by EPA company number. TABLE 2.—REGISTRANT OF AFFECTED PRODUCTS EPA Company Number Company Name and Address 432 Bayer Environmental Science, 2 T.W. Alexander Drive, PO Box 12014, Research Triangle Park, NC 27709 264 Bayer CropScience, 2 T.W. Alexander Drive, PO Box 12014, Research Triangle Park, NC 27709 On December 10, 2003, EPA published a Use Deletion and Product Cancellation Order (FRL–7332–5) (68 FR 68901). The order prohibited, among other things, the manufacture and distribution of fenamiphos by Bayer Corporation, the sole technical ingredient registrant, after May 31, 2007. The deadline established for Bayer Corporation followed a production cap on the manufacture of fenamiphos, which limited fenamiphos production to 500,000 pounds of active ingredient for the year ending May 31, 2003, and reduced production by 20% each subsequent year during the 5 year phase-out period. The order also prohibited the sale and distribution of PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 33083 fenamiphos by persons other than the registrant after May 31, 2008. In a letter dated May 22, 2008, the sole fenamiphos technical registrant, Bayer Environmental Science, requested an extension of the May 31, 2008 deadline through the current application season, until December 31, 2008. The letter stated that due to economic constraints, end-users are delaying purchase of this product until they are ready to actually make an application. In the case of fenamiphos, the original May 31, 2008 deadline was established to provide a reasonable amount of time for the material to work through the channels of trade following the cessation of sale and distribution of fenamiphos products by the registrant, Bayer Environmental Science, on May 31, 2007. Extending the deadline for distributors to sell and distribute Nemacur 10% Turf and Ornamental Nematicide and Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide, will neither conflict with the Agency’s application of the guidelines outlined in PR Notice 97–7, nor will it introduce more fenamiphos into the pesticide use cycle than had been stipulated by the terms of the five year phase-out. Allowing additional time for distributors to sell the Nemacur 10% and Nemacur 3 to end users will ensure that this product is utilized safely, in accordance with the approved labeling requirements. Today’s action extends the deadline for persons other than the registrant to sell and distribute Nemacur 10% Turf and Ornamental Nematicide (EPA Reg. No. 432–1291) and Nemacur 3 Emulsifiable Systemic InsecticideNematicide (EPA Reg. No. 264–731) for six months, until November 30, 2008. End users with existing stocks of products containing fenamiphos may continue to use these products until their stocks are exhausted, provided that the use complies with EPA-approved product label requirements for the respective products. III. Amended Order Pursuant to FIFRA section 6(a), EPA hereby amends the December 10, 2003 order to allow persons other than the registrant to sell and distribute the fenamiphos product identified in Table 1 of Unit II., until November 30, 2008. Specifically, the Agency hereby amends the December 10, 2003 order to prohibit the sale and distribution of products containing fenamiphos, provided, however, that persons other than the registrant are permitted to sell and distribute existing stocks of Nemacur 10% Turf and Ornamental Nematicide (EPA Reg. No. 432–1291) and Nemacur E:\FR\FM\11JNN1.SGM 11JNN1 33084 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Notices 3 Emulsifiable Systemic InsecticideNematicide (EPA Reg. No. 264–731) until November 30, 2008. The Agency further amends the December 10, 2003 order to provide that end users with existing stocks of products containing fenamiphos may continue to use these products until their stocks are exhausted, provided that the use complies with EPA-approved product label requirements for the respective products. IV. What is the Agency’s Authority for Taking this Action? Section 6(a)(1) of FIFRA provides that the Administrator may permit the continued sale and use of existing stocks of a pesticide whose registration is suspended or canceled under this section, or section 3 or 4, to such extent, under such conditions, and for such uses as the Administrator determines that such sale or use is not inconsistent with the purposes of this Act. List of Subjects Environmental protection, Pesticides and pests. Dated: May 30, 2008. Steven Bradbury, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E8–13003 Filed 6–10–08; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2008–0442; FRL–8366–8] Diflubenzuron; Receipt of Application for Emergency Exemption, Solicitation of Public Comment Environmental Protection Agency (EPA). ACTION: Notice. sroberts on PROD1PC70 with NOTICES AGENCY: SUMMARY: EPA has received a specific exemption request from the U.S. Department of Agriculture, Animal and Plant Health Inspection Service to use the pesticide diflubenzuron (CAS No. 35367–38–5) to treat up to 3,000 acres of alfalfa to control grasshoppers and mormon crickets. The applicant proposes a use which is supported by the IR-4 program and has been requested in 5 or more previous years, and a petition for tolerance has not yet been submitted to the Agency. DATES: Comments must be received on or before June 26, 2008. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2008–0442, by one of the following methods: VerDate Aug<31>2005 16:13 Jun 10, 2008 Jkt 214001 • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. • Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305–5805. Instructions: Direct your comments to docket ID number EPA–HQ–OPP–2008– 0442. EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to https:// www.regulations.gov, select ‘‘Advanced Search,’’ then ‘‘Docket Search.’’ Insert the docket ID number where indicated and select the ‘‘Submit’’ button. Follow the instructions on the regulations.gov PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at https:// www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Libby Pemberton, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–9364; fax number: (703) 605– 0781; e-mail address: pemberton.libby@epa.gov. 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. 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 E:\FR\FM\11JNN1.SGM 11JNN1

Agencies

[Federal Register Volume 73, Number 113 (Wednesday, June 11, 2008)]
[Notices]
[Pages 33082-33084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13003]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2003-0200; FRL-8368-2]


Fenamiphos; Amendment to Use Deletion and Product Cancellation 
Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's amendment to the order for the 
cancellation of products, voluntarily requested by the registrant and 
accepted by the Agency, of products containing the pesticide 
fenamiphos, pursuant to section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended. This amendment 
follows a December 10, 2003 Federal Register Use Deletion and Product 
Cancellation Order which approved the voluntary request submitted by 
Bayer Corporation to cancel all registrations for products containing 
the active ingredient fenamiphos. These are the last fenamiphos 
products registered for use in the United States. The December 10, 2003 
order prohibited the sale and distribution of fenamiphos products by 
persons other than the registrant after

[[Page 33083]]

May 31, 2008. The sole technical registrant for fenamiphos, Bayer 
Environmental Science, subsequently requested that the Agency extend 
the May 31, 2008 deadline for Nemacur 10% Turf and Ornamental 
Nematicide (EPA Reg. No. 432-1291) and Nemacur 3 Emulsifiable Systemic 
Insecticide-Nematicide (EPA Reg. No. 264-731). The Agency will extend 
the deadline for persons other than the registrant to sell and 
distribute Nemacur 10% Turf and Ornamental Nematicide as well as 
Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide until November 
30, 2008.

DATES: This amendment is effective June 11, 2008.

FOR FURTHER INFORMATION CONTACT: Eric Miederhoff, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 347-8028; fax 
number: (703) 308-7070; e-mail address: miederhoff.eric@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may be interested, the Agency 
has not attempted to describe all the specific entities that may be 
affected by this action. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under 
docket identification (ID) number EPA-HQ-OPP-2003-0200. Publicly 
available docket materials are available either in the electronic 
docket at https://www.regulations.gov, or, if only available in hard 
copy, at the Office of Pesticide Programs (OPP) Regulatory Public 
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal 
Dr., Arlington, VA. The hours of operation of this Docket Facility are 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The Docket Facility telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the Federal Register 
listings at https://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    This notice announces the amendment of the December 10, 2003 use 
deletion and product cancellation order of fenamiphos products 
registered under section 3 of FIFRA. The affected registrations are 
listed by registration number in Table 1 of this unit.

                 Table 1.--Fenamiphos Products Affected
------------------------------------------------------------------------
          EPA Registration Number                   Product Name
------------------------------------------------------------------------
432-1291                                    Nemacur 10% Turf and
                                             Ornamental Nematicide
------------------------------------------------------------------------
264-731                                     Nemacur 3 Emulsifiable
                                             Systemic Insecticide-
                                             Nematicide
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrant of the product in Table 1 of this unit, by EPA company 
number.

                Table 2.--Registrant of Affected Products
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
432                                         Bayer Environmental Science,
                                            2 T.W. Alexander Drive,
                                            PO Box 12014,
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------
264                                         Bayer CropScience,
                                            2 T.W. Alexander Drive,
                                            PO Box 12014,
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------

    On December 10, 2003, EPA published a Use Deletion and Product 
Cancellation Order (FRL-7332-5) (68 FR 68901). The order prohibited, 
among other things, the manufacture and distribution of fenamiphos by 
Bayer Corporation, the sole technical ingredient registrant, after May 
31, 2007. The deadline established for Bayer Corporation followed a 
production cap on the manufacture of fenamiphos, which limited 
fenamiphos production to 500,000 pounds of active ingredient for the 
year ending May 31, 2003, and reduced production by 20% each subsequent 
year during the 5 year phase-out period. The order also prohibited the 
sale and distribution of fenamiphos by persons other than the 
registrant after May 31, 2008.
    In a letter dated May 22, 2008, the sole fenamiphos technical 
registrant, Bayer Environmental Science, requested an extension of the 
May 31, 2008 deadline through the current application season, until 
December 31, 2008. The letter stated that due to economic constraints, 
end-users are delaying purchase of this product until they are ready to 
actually make an application.
    In the case of fenamiphos, the original May 31, 2008 deadline was 
established to provide a reasonable amount of time for the material to 
work through the channels of trade following the cessation of sale and 
distribution of fenamiphos products by the registrant, Bayer 
Environmental Science, on May 31, 2007. Extending the deadline for 
distributors to sell and distribute Nemacur 10% Turf and Ornamental 
Nematicide and Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide, 
will neither conflict with the Agency's application of the guidelines 
outlined in PR Notice 97-7, nor will it introduce more fenamiphos into 
the pesticide use cycle than had been stipulated by the terms of the 
five year phase-out. Allowing additional time for distributors to sell 
the Nemacur 10% and Nemacur 3 to end users will ensure that this 
product is utilized safely, in accordance with the approved labeling 
requirements. Today's action extends the deadline for persons other 
than the registrant to sell and distribute Nemacur 10% Turf and 
Ornamental Nematicide (EPA Reg. No. 432-1291) and Nemacur 3 
Emulsifiable Systemic Insecticide-Nematicide (EPA Reg. No. 264-731) for 
six months, until November 30, 2008. End users with existing stocks of 
products containing fenamiphos may continue to use these products until 
their stocks are exhausted, provided that the use complies with EPA-
approved product label requirements for the respective products.

III. Amended Order

    Pursuant to FIFRA section 6(a), EPA hereby amends the December 10, 
2003 order to allow persons other than the registrant to sell and 
distribute the fenamiphos product identified in Table 1 of Unit II., 
until November 30, 2008. Specifically, the Agency hereby amends the 
December 10, 2003 order to prohibit the sale and distribution of 
products containing fenamiphos, provided, however, that persons other 
than the registrant are permitted to sell and distribute existing 
stocks of Nemacur 10% Turf and Ornamental Nematicide (EPA Reg. No. 432-
1291) and Nemacur

[[Page 33084]]

3 Emulsifiable Systemic Insecticide-Nematicide (EPA Reg. No. 264-731) 
until November 30, 2008. The Agency further amends the December 10, 
2003 order to provide that end users with existing stocks of products 
containing fenamiphos may continue to use these products until their 
stocks are exhausted, provided that the use complies with EPA-approved 
product label requirements for the respective products.

IV. What is the Agency's Authority for Taking this Action?

    Section 6(a)(1) of FIFRA provides that the Administrator may permit 
the continued sale and use of existing stocks of a pesticide whose 
registration is suspended or canceled under this section, or section 3 
or 4, to such extent, under such conditions, and for such uses as the 
Administrator determines that such sale or use is not inconsistent with 
the purposes of this Act.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 30, 2008.
 Steven Bradbury,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E8-13003 Filed 6-10-08; 8:45 am]
BILLING CODE 6560-50-S