Fenamiphos; Amendment to Use Deletion and Product Cancellation Order, 33082-33084 [E8-13003]
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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
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16:13 Jun 10, 2008
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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
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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
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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.
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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
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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
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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:
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16:13 Jun 10, 2008
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• 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
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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
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]]>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
