Fenamiphos; Amendment to Use Deletion and Product Cancellation Order, 75097-75099 [E8-29223]
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mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Notices
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 and 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: EPA launched the National
Schools Chemical Cleanout Campaign
(SC3) Program in March of 2007. The
SC3 Program uses a variety of
innovative approaches to achieve three
goals: (1) Removal of outdated and
dangerous chemicals from K–12
schools; (2) prevention of future
accumulations of chemicals and
reduction of accidents by establishing
prevention activities such as good
purchasing and management practices;
and, (3) raising national awareness of
the problem.
One of the ways that EPA
accomplishes its goals under SC3 is by
partnering with organizations that
volunteer to assist schools in the
management of the schools’ chemicals
and the removal of schools’ chemical
waste. There are currently eleven
Partners.
EPA intends to conduct a voluntary
survey of Partners each year to learn
about their experiences and needs under
the Program. EPA has created two
survey forms for this purpose: an Initial
Survey and an Annual Update. The
Initial Survey will be completed by
Partners who are participating in the
SC3 Survey for their first time. It is
designed to give EPA a general idea of
a Partner’s background,
accomplishments, and needs under SC3.
Partners will complete the Annual
Update in each subsequent year of their
partnership. The Annual Update is
designed to describe a Partner’s
accomplishments and needs since the
previous year’s survey. Partners can
submit completed surveys by e-mail,
postal mail, special delivery, or fax. EPA
will use the survey data to further
develop and improve the Program (e.g.,
improve its outreach efforts, encourage
greater participation, and address
resource needs of Partners) and
communicate with the public (e.g.,
share Partners’ success stories at the
SC3 Web site).
In addition, EPA is interested in
promoting the responsible management
of chemicals in K–12 schools. To this
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end, EPA intends to hold three focus
groups as part of an effort to gather
information about the extent to which
colleges and universities are teaching
pre-service teachers about responsible
chemical management. If EPA finds that
a need exists to promote pre-service
teacher training on responsible chemical
management, EPA will gather feedback
from the focus groups for the
development and promotion of a
curriculum on responsible chemical
management that can serve as a model
for colleges and universities.
Each focus group will consist of up to
nine individuals from industry,
educational institutions (e.g., faculty,
students), and governmental agencies.
During the focus groups, EPA will raise
questions and collect feedback from
focus group members.
Burden Statement: The annual public
reporting burden for the SC3 Survey is
estimated to range from 45 minutes to
one hour per respondent. This includes
time to complete and submit the survey
and respond to EPA’s follow-up
questions, if any. There is no
recordkeeping burden. The annual
public reporting burden for the focus
groups is estimated to be three hours per
respondent. This includes time to attend
and participate in the focus group.
There is no recordkeeping burden.
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.
Respondents/Affected Entities:
Organizations that volunteer to partner
with EPA under the SC3 Program.
Estimated Average Annual Number of
Respondents: 42.
Frequency of Response: Annually or
one-time.
Estimated Total Aggregate Annual
Respondent Hour Burden: 56 hours.
Estimated Total Aggregate Annual
Respondent Cost: $2,910. This includes
an estimated labor cost of $2,896 and
operation and maintenance cost of $14.
There are no capital costs.
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75097
Changes in the Estimates: This is a
new ICR. The annual burden of 56 hours
reflects the time for respondents to
participate in EPA’s SC3 Survey and
focus groups.
Dated: December 4, 2008.
John Moses,
Acting Director, Collection Strategies
Division.
[FR Doc. E8–29234 Filed 12–9–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2003–0200; FRL–8389–8]
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 June 11, 2008 Federal Register
Amendment to Use Deletion and
Product Cancellation Order which
extended the deadline for persons other
than the registrant to sell and distribute
two fenamiphos products, Nemacur
10% Turf and Ornamental Nematicide
(EPA Reg. No. 432–1291) and Nemacur
3 Emulsifiable Systemic InsecticideNematicide (EPA Reg. No. 264–731),
from May 31, 2008, until November 30,
2008. These are the last fenamiphos
products registered for use in the United
States. The Agency subsequently
received a request from an end user to
extend the sale and distribution
deadline for Nemacur 3. The Agency
will extend the deadline for persons
other than the registrant to sell and
distribute Nemacur 3 Emulsifiable
Systemic Insecticide-Nematicide (EPA
Reg. No. 264–731) until March 31, 2009.
DATES: This amendment is effective
December 10, 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:
E:\FR\FM\10DEN1.SGM
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75098
Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Notices
of the product in Table 1 of this unit,
by EPA company number.
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
athttps://www.epa.gov/fedrgstr.
II. What Action is the Agency Taking?
This notice announces the
amendment of the June 11, 2008
amendment to the use deletion and
product cancellation order of
fenamiphos products registered under
section 3 of FIFRA. The affected
registration is listed by registration
number in Table 1 of this unit.
TABLE 1.—FENAMIPHOS PRODUCT
AFFECTED
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EPA Registration
Number
264–731
Product Name
Nemacur 3 Emulsifiable Systemic InsecticideNematicide
Table 2 of this unit includes the name
and address of record for the registrant
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TABLE 2.—REGISTRANT OF AFFECTED
PRODUCTS
EPA Company Number
Company Name and
Address
264
Bayer CropScience
2 T.W. Alexander
Drive
P.O. Box 12014
Research Triangle
Park, NC 27709
On December 10, 2003, EPA
published a Use Deletion and Product
Cancellation Order (68 FR 68901) (FRL–
7332–5). 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 June 11, 2008 Federal Register
Amendment to Use Deletion and
Product Cancellation Order, the Agency
extended the May 31, 2008 deadline
through November 30, 2008. This action
was taken in response to a request from
the sole fenamiphos technical registrant,
Bayer Environmental Science, to extend
the deadline to allow distributors to sell
existing stockpiles of Nemacur 10%
Turf and Ornamental Nematicide (EPA
Reg. No. 432–1291) and Nemacur 3
Emulsifiable Systemic InsecticideNematicide (EPA Reg. No. 264–731) to
end users.
On November 19, 2008, the Agency
received a request from an end user,
Maui Pineapple, to extend the deadline
for sale and distribution of Nemacur 3
Emulsifiable Systemic InsecticideNematicide (EPA Reg. No. 264–731)
from November 30, 2008, to March 31,
2009. The request stated that due to a
substantial decrease in production, the
end user would be unable to utilize
their existing stocks of Nemacur 3. They
requested the extension to enable them
to sell their Nemacur 3 to a distributor
who would in turn, sell and distribute
the material to other end users.
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
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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 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 5–year phase-out. Allowing
additional time for distributors to sell
the Nemacur 3 to end users will ensure
that this product is utilized in
accordance with the approved labeling
requirements. Today’s action extends
the deadline for persons other than the
registrant to sell and distribute Nemacur
3 Emulsifiable Systemic InsecticideNematicide (EPA Reg. No. 264–731) for
4 months, until March 31, 2009. 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 June 11, 2008 order
to allow persons other than the
registrant to sell and distribute the
fenamiphos product identified in Table
1 of Unit II., until March 31, 2009.
Accordingly, the Agency hereby orders
that the sale and distribution of
products containing fenamiphos is
prohibited provided, however, that
persons other than the registrant are
permitted to sell and distribute existing
stocks of Nemacur 3 Emulsifiable
Systemic Insecticide-Nematicide (EPA
Reg. No. 264–731) until March 31, 2009.
The Agency further orders 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.
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Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Notices
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: November 25, 2008.
Steven Bradbury,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E8–29223 Filed 12–9–08 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2008–0836; FRL–8392–7]
FIFRA Scientific Advisory Panel;
Notice of Public Meeting
mstockstill on PROD1PC66 with NOTICES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: There will be a 3–day meeting
of the Federal Insecticide, Fungicide,
and Rodenticide Act Scientific Advisory
Panel (FIFRA SAP) to consider and
review a set of scientific issues being
considered by the Agency pertaining an
Evaluation of the Resistance Risks from
Using a Seed Mix Refuge with Pioneer’s
Optimum® AcreMaxTM 1 Corn
Rootworm-Protected Corn.
DATES: The meeting will be held on
Monday February 23, 2009 from 1:30
p.m. to 5 p.m.; and on Wednesday,
February 25, 2009 from 8:30 a.m. to 12
noon (eastern time).
Comments. The Agency encourages
that written comments be submitted by
February 9, 2009 and requests for oral
comments be submitted by February 16,
2009. However, written comments and
requests to make oral comments may be
submitted until the date of the meeting,
but anyone submitting written
comments after February 9, 2009 should
contact the Designated Federal Official
(DFO) listed under FOR FURTHER
INFORMATION CONTACT. For additional
instructions, see Unit I.C. of the
SUPPLEMENTARY INFORMATION.
Nominations. Nominations of
candidates to serve as ad hoc members
of the FIFRA SAP for this meeting
should be provided on or before
December 24, 2008.
Special accommodations. For
information on access or services for
individuals with disabilities, and to
request accommodation of a disability,
please contact the DFO listed under FOR
FURTHER INFORMATION CONTACT at least
10 days prior to the meeting to give EPA
as much time as possible to process
your request.
ADDRESSES: The meeting will be held at
the Environmental Protection Agency,
VerDate Aug<31>2005
16:49 Dec 09, 2008
Jkt 217001
Conference Center, Lobby Level, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA 22202.
Comments. Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2008–0836, by
one of the following methods:
• 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
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
(703) 305–5805.
Instructions. Direct your comments to
docket ID number EPA–HQ–OPP–2008–
0836. If your comments contain any
information that you consider to be CBI
or otherwise protected, please contact
the DFO listed under FOR FURTHER
INFORMATION CONTACT to obtain special
instructions before submitting your
comments. 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,
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75099
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 https://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 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.
Nominations, requests to present oral
comments, and requests for special
accommodations. Submit nominations
to serve as ad hoc members of the
FIFRA SAP, requests for special seating
accommodations, or requests to present
oral comments to the DFO listed under
FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
Joseph E. Bailey, DFO, Office of Science
Coordination and Policy (7201M),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(202) 564–2045; fax number: (202) 564–
8382; e-mail addresses:
bailey.joseph@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public
in general. This action may, however, be
of interest to persons who are or may be
required to conduct testing of chemical
substances under the Federal Food,
Drug, and Cosmetic Act (FFDCA),
FIFRA, and the Food Quality Protection
Act of 1996 (FQPA). Since other entities
may also 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 DFO
listed under FOR FURTHER INFORMATION
CONTACT.
E:\FR\FM\10DEN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Notices]
[Pages 75097-75099]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29223]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2003-0200; FRL-8389-8]
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 June 11, 2008 Federal Register Amendment to Use Deletion and
Product Cancellation Order which extended the deadline for persons
other than the registrant to sell and distribute two fenamiphos
products, Nemacur 10% Turf and Ornamental Nematicide (EPA Reg. No. 432-
1291) and Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide (EPA
Reg. No. 264-731), from May 31, 2008, until November 30, 2008. These
are the last fenamiphos products registered for use in the United
States. The Agency subsequently received a request from an end user to
extend the sale and distribution deadline for Nemacur 3. The Agency
will extend the deadline for persons other than the registrant to sell
and distribute Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide
(EPA Reg. No. 264-731) until March 31, 2009.
DATES: This amendment is effective December 10, 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:
[[Page 75098]]
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 athttps://www.epa.gov/fedrgstr.
II. What Action is the Agency Taking?
This notice announces the amendment of the June 11, 2008 amendment
to the use deletion and product cancellation order of fenamiphos
products registered under section 3 of FIFRA. The affected registration
is listed by registration number in Table 1 of this unit.
Table 1.--Fenamiphos Product Affected
------------------------------------------------------------------------
EPA Registration Number Product Name
------------------------------------------------------------------------
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
------------------------------------------------------------------------
264 Bayer CropScience
2 T.W. Alexander Drive
P.O. Box 12014
Research Triangle Park, NC
27709
------------------------------------------------------------------------
On December 10, 2003, EPA published a Use Deletion and Product
Cancellation Order (68 FR 68901) (FRL-7332-5). 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 June 11, 2008 Federal Register Amendment to Use Deletion and
Product Cancellation Order, the Agency extended the May 31, 2008
deadline through November 30, 2008. This action was taken in response
to a request from the sole fenamiphos technical registrant, Bayer
Environmental Science, to extend the deadline to allow distributors to
sell existing stockpiles of Nemacur 10% Turf and Ornamental Nematicide
(EPA Reg. No. 432-1291) and Nemacur 3 Emulsifiable Systemic
Insecticide-Nematicide (EPA Reg. No. 264-731) to end users.
On November 19, 2008, the Agency received a request from an end
user, Maui Pineapple, to extend the deadline for sale and distribution
of Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide (EPA Reg. No.
264-731) from November 30, 2008, to March 31, 2009. The request stated
that due to a substantial decrease in production, the end user would be
unable to utilize their existing stocks of Nemacur 3. They requested
the extension to enable them to sell their Nemacur 3 to a distributor
who would in turn, sell and distribute the material to other end users.
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 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 5-year phase-out. Allowing additional
time for distributors to sell the Nemacur 3 to end users will ensure
that this product is utilized in accordance with the approved labeling
requirements. Today's action extends the deadline for persons other
than the registrant to sell and distribute Nemacur 3 Emulsifiable
Systemic Insecticide-Nematicide (EPA Reg. No. 264-731) for 4 months,
until March 31, 2009. 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 June 11, 2008
order to allow persons other than the registrant to sell and distribute
the fenamiphos product identified in Table 1 of Unit II., until March
31, 2009. Accordingly, the Agency hereby orders that the sale and
distribution of products containing fenamiphos is prohibited provided,
however, that persons other than the registrant are permitted to sell
and distribute existing stocks of Nemacur 3 Emulsifiable Systemic
Insecticide-Nematicide (EPA Reg. No. 264-731) until March 31, 2009. The
Agency further orders 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.
[[Page 75099]]
List of Subjects
Environmental protection, Pesticides and pests.
Dated: November 25, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-29223 Filed 12-9-08 8:45 am]
BILLING CODE 6560-50-S
