Fenamiphos; Amendment to Use Deletion and Product Cancellation Order, 75097-75099 [E8-29223]

Download as PDF 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 The SC3 Program uses a variety of innovative approaches to achieve three goals: (1) Removal of outdated and dangerous chemicals from K–12 schools; (2) prevention of future accumulations of chemicals and reduction of accidents by establishing prevention activities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 VerDate Aug<31>2005 16:49 Dec 09, 2008 Jkt 217001 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. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 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 10DEN1 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 mstockstill on PROD1PC66 with NOTICES 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 VerDate Aug<31>2005 16:49 Dec 09, 2008 Jkt 217001 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 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 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. E:\FR\FM\10DEN1.SGM 10DEN1 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, PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 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 10DEN1

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