Fenamiphos; Amendment To Use Deletion and Product Cancellation Order, 61690-61692 [2011-25694]
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61690
Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices
available electronically. Once in the
system, select ‘‘search,’’ then key in the
docket ID number identified above.
EPA’s policy is that public comments,
whether submitted electronically or in
paper, will be made available for public
viewing in https://www.regulations.gov
as EPA receives them and without
change, unless the comment contains
copyrighted material, confidential
business information (CBI), or other
information whose public disclosure is
restricted by statute. When EPA
identifies a comment containing
copyrighted material, EPA will provide
a reference to that material in the
version of the comment that is placed in
https://www.regulations.gov. The entire
printed comment, including the
copyrighted material, will be available
in the public docket. Although
identified as an item in the official
docket, information claimed as CBI, or
whose disclosure is otherwise restricted
by statute, is not included in the official
public docket, and will not be available
for public viewing in https://
www.regulations.gov. For further
information about the electronic docket,
go to https://www.regulations.gov.
Title: Worker Protection Standard
Training and Notification.
ICR Status: This is a request to renew
an existing approved collection. This
ICR is scheduled to expire on November
30, 2011. Under 5 CFR 1320.12(b)(2),
the Agency may continue to conduct or
sponsor the collection of information
while this submission is pending at
OMB.
Abstract: EPA is responsible for the
regulation of pesticides under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). The Worker
Protection Standard (WPS), codified at
40 CFR part 170, established
requirements to protect agricultural
workers and pesticide handlers from
hazards of pesticides used on farms, on
forests, in nurseries, and in
greenhouses. EPA regulations in 40 CFR
part 170 contain the standard and
workplace practices, which are designed
to reduce or eliminate exposure to
pesticides and establish procedures for
responding to exposure-related
emergencies. The practices include
prohibitions against applying pesticides
in a way that would cause exposure to
workers and others; a waiting period
before workers can return to areas
treated with pesticides (restricted entry
interval); basic safety training (and
voluntary training verification) and
posting of information about pesticide
hazards, as well as pesticide application
information; arrangements for the
supply of soap, water, and towels in
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case of pesticide exposure; and
provisions for emergency assistance.
The training verification program
facilitates compliance with the training
requirements by providing a voluntary
method for employers to verify that the
required safety information has been
provided to workers and handlers.
Responses to all other aspects of this
information collection activity are
mandatory. 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, are
listed in 40 CFR part 9 and included on
the related collection instrument or
form, if applicable.
This renewal ICR estimates the third
party response burden from complying
with the WPS requirements. Information
is exchanged between agricultural
employers and employees at farm,
forest, nursery and greenhouse
establishments to ensure worker safety.
No information is collected by the
Agency under this ICR.
Burden Statement: The total annual
respondent burden for providing the
training and notifications associated
with the Worker Protection Standard is
estimated to be 1,827,493 hours, with
the incremental burden of the various
activities ranging from 2 minutes per
respondent to provide initial basic
safety information to 45 minutes per
respondent for handler training. This
total estimate includes the third party
WPS training and notification
requirements. Burden is defined in 5
CFR 1320.3(b).
Respondents/Affected Entities:
Agricultural workers, pesticide
handlers, employers in farms, nurseries,
forestry, and greenhouse establishments
e.g., agricultural employers in farms;
and (NAICS 111), and agricultural
employers in the greenhouse and
forestry sector (NAICS 115).
Estimated Number of Respondents:
309,085.
Frequency of Response: As needed.
Estimated Total Annual Hour Burden:
1,827,493 hours.
Estimated Total Annual Cost:
$92,729,052.
Changes in the Estimates: There is an
increase of 51,362 hours in the total
estimated burden currently identified in
the OMB Inventory of Approved ICR
Burdens. This increase is due to an
adjustment in the assumptions and a
minor correction in the calculations
clarified in the supporting statement.
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Dated: September 29, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011–25760 Filed 10–4–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2003–0200; FRL–8888–4]
Fenamiphos; Amendment To Use
Deletion and Product Cancellation
Order
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This notice announces EPA’s
amendment to the order for the
cancellation of products, voluntarily
requested by the registrant and accepted
by the Agency, 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
July 13, 2011 Federal Register Notice of
Receipt of Request to Amend Use
Deletion and Product Cancellation
Order. In the July 13, 2011 notice, EPA
indicated that it would issue an order
implementing the amendment, after the
30-day comment period. One comment
was received during the 30-day
comment period. After consideration,
the Agency has granted the requested
amendment. Accordingly, 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) for 1 year, until
October 5, 2012. Additionally, the
Agency will prohibit use of existing
stocks of all fenamiphos products after
October 6, 2014.
DATES: This amendment is effective
October 5, 2011.
FOR FURTHER INFORMATION CONTACT: Eric
Miederhoff, Pesticide Re-evaluation
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.
SUMMARY:
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
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Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices
registrant after May 31, 2008. These
provisions were intended to provide a
reasonable amount of time for the
material to move through the channels
of trade following the cessation of sale
and distribution of fenamiphos products
by the registrant on May 31, 2007.
In a June 11, 2008 Federal Register
Amendment to Use Deletion and
Product Cancellation Order (FRL–8368–
2) (73 FR 33082), the Agency extended
the May 31, 2008 deadline on the sale
and distribution by persons other than
B. How can I get copies of this document the registrant through November 30,
and other related information?
2008. This action was taken in response
EPA has established a docket for this
to a request from the sole fenamiphos
action under docket identification (ID)
technical registrant, Bayer
number EPA–HQ–OPP–2003–0200.
Environmental Science, to extend the
Publicly available docket materials are
deadline to allow distributors to sell
available either in the electronic docket
existing stockpiles of Nemacur 10%
at https://www.regulations.gov, or, if only Turf and Ornamental Nematicide (EPA
available in hard copy, at the Office of
Reg. No. 432–1291) and Nemacur 3
Pesticide Programs (OPP) Regulatory
Emulsifiable Systemic InsecticidePublic Docket in Rm. S–4400, One
Nematicide (EPA Reg. No. 264–731) to
Potomac Yard (South Bldg.), 2777 S.
end users.
Crystal Dr., Arlington, VA. The hours of
In a December 10, 2008 (FRL–8389–8)
operation of this Docket Facility are
(73 FR 75097) Federal Register
from 8:30 a.m. to 4 p.m., Monday
Amendment to Use Deletion and
through Friday, excluding legal
Product Cancellation Order, the Agency
holidays. The Docket Facility telephone further extended the November 30, 2008
number is (703) 305–5805.
deadline for the sale and distribution of
Nemacur 3 Emulsifiable Systemic
II. What action is the agency taking?
Insecticide-Nematicide (EPA Reg. No.
This notice announces the
264–731) through March 31, 2009. This
amendment of the December 10, 2003
action was taken in response to a
use deletion and product cancellation
request from an end user, Maui
order of fenamiphos products registered Pineapple, to extend the deadline for
under section 3 of FIFRA, as amended
sale and distribution of Nemacur 3
on June 11, 2008 and December 10,
Emulsifiable Systemic Insecticide2008. The only registration affected by
Nematicide (EPA Reg. No. 264–731)
the extension of the sale and
from November 30, 2008 to March 31,
distribution date is Nemacur 3
2009.
Emulsifiable Systemic InsecticideOn August 20, 2010 the Agency
Nematicide, EPA Registration Number
received another request from Maui
264–731. The prohibition on the use of
Pineapple to extend the deadline for
fenamiphos products 3 years after
sale and distribution of Nemacur 3
publication of the amended order affects Emulsifiable Systemic Insecticideall fenamiphos product registrations.
Nematicide (EPA Reg. No. 264–731) to
On December 10, 2003, EPA
allow a transfer of its remaining stocks
published a Use Deletion and Product
of Nemacur 3 to other end users.
Cancellation Order (FRL–7332–5) (68
The original May 31, 2008 deadline
FR 68901). The order prohibited, among for fenamiphos was established to
provide a reasonable amount of time for
other things, the manufacture and
the material to move through the
distribution of fenamiphos by Bayer
channels of trade following the
Corporation, the sole technical
cessation of sale and distribution of
registrant, after May 31, 2007, the
fenamiphos products by the registrant,
effective cancellation date for the
Bayer Environmental Science, on May
fenamiphos product registrations. The
31, 2007. Extending the deadline for
deadline established for Bayer
distributors to sell and distribute
Corporation followed a production cap
Nemacur 3 Emulsifiable Systemic
on the manufacture of fenamiphos,
Insecticide-Nematicide does not conflict
which limited fenamiphos production
with the Agency’s application of the
to 500,000 pounds of active ingredient
guidelines outlined in PR Notice 97–7,
for the year ending May 31, 2003, and
nor does it introduce more fenamiphos
reduced production by 20% each
into the pesticide use cycle than had
subsequent year during the 5-year
been stipulated by the terms of the 5phase-out period. The order also
year phase-out. The extension allows for
prohibited the sale and distribution of
a redistribution of existing material
fenamiphos by persons other than the
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
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already in the hands of end users and
no new fenamiphos products will enter
the marketplace. The Agency is
extending the deadline for persons other
than the registrant to sell and distribute
Nemacur 3 Emulsifiable Systemic
Insecticide-Nematicide (EPA Reg. No.
264–731) for 1 year from the date of
publication of this amended order until
October 5, 2012.
The Agency is also prohibiting use of
all fenamiphos products in the United
States 3 years from the date of
publication of this amended order in the
Federal Register. Accordingly, all use of
fenamiphos products in the United
States will be prohibited after October 6,
2014. Previously, the Agency had
allowed end users with existing stocks
of products containing fenamiphos to
continue to use these products until
their stocks were exhausted, provided
that the use complied with previously
EPA-approved product label
requirements for the respective
products. Considering the initial
Product Cancellation Order for
fenamiphos was issued in 2003, 11
years will have elapsed since the initial
cancellation order was issued, and
approximately 7 years will have elapsed
from the effective cancellation of the
fenamiphos products. When the Agency
specified in the initial Product
Cancellation Order that users may use
existing stocks until exhausted, it did
not anticipate that fenamiphos products
would not move through the channels of
trade and be depleted by end users in
a timely manner.
Moreover, all pesticides sold or
distributed in the United States
generally must be registered by the
Environmental Protection Agency (EPA
or the Agency), based on scientific data
showing that they will not cause
unreasonable risks to human health or
the environment when used as directed
on product labeling. Due to the fact that
fenamiphos product registrations were
cancelled as part of the voluntary phaseout, the Agency has determined that the
registration review program, the
periodic evaluation of pesticide safety,
is not applicable to fenamiphos. The
registration review of fenamiphos would
have begun in 2008 if fenamiphos had
had active product registrations at that
time. The Agency is concerned that the
use of existing stocks of fenamiphos
products has continued for an extended
period since the last comprehensive
scientific risks assessments of its
domestic use, which were completed for
the 2002 Fenamiphos Reregistration
Eligibility Decision. Therefore, the
Agency is prohibiting all use of
pesticide products containing
fenamiphos after October 6, 2014.
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Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices
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III. Summary of Public Comments
Received and Agency Response to
Comments
During the public comment period
provided, EPA received one comment in
response to the July 13, 2011, Federal
Register notice announcing the
Agency’s proposal to amend the
fenamiphos use deletion and product
cancellation order, (76 FR 41248) (FRL–
8879–5). The comment, from the
Arizona Department of Agriculture,
supported the Agency’s proposal to
allow sale and distribution for an
additional year. However, the comment
also stated that it would be preferable to
continue to allow use of fenamiphos
products already in the hands of users
until exhaustion. The comment
describes the disposal of unusable
pesticide products as expensive and
time consuming. The Agency
acknowledges the difficulties inherent
in the safe disposal of pesticide
products. However, as stated in Unit III,
the Agency has concerns that, if the
previous existing stocks provision
allowing use until exhaustion were not
amended, the use of fenamiphos would
continue for an extended period of time
beyond the most recent comprehensive
scientific risk assessments of its
domestic use. After consideration, the
Agency has concluded that, with the
additional 3 years provided by this
order, an adequate period of time has
been provided for existing stocks of
fenamiphos products to have been used.
IV. Amended Order
Pursuant to FIFRA section 6(a), EPA
is amending the December 10, 2008
order to allow persons other than the
registrant to sell and distribute the
fenamiphos product, Nemacur 3
Emulsifiable Systemic InsecticideNematicide (EPA Registration Number
264–731), for 1 year, until October 5,
2012. Accordingly, the Agency orders
that the sale and distribution of
products containing fenamiphos is
prohibited, except for proper disposal or
export pursuant to section 17 of FIFRA,
provided, however, that persons other
than the registrant are permitted to sell
and distribute existing stocks of
Nemacur 3 Emulsifiable Systemic
Insecticide-Nematicide (EPA
Registration Number 264–731) for 1 year
from the publication of the amended
order. The Agency further orders that
end users with existing stocks of any
products containing fenamiphos may
continue to use these products for 3
years, until October 6, 2014, provided
that the use complies with EPAapproved product label requirements for
the respective products. After October 6,
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2014, all use of products containing
fenamiphos is prohibited.
V. 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 of FIFRA, 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: September 27, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2011–25694 Filed 10–4–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2011–0784; FRL–8890–6]
Certain New Chemicals; Receipt and
Status Information
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
Section 5 of the Toxic
Substances Control Act (TSCA) requires
any person who intends to manufacture
(defined by statute to include import) a
new chemical (i.e., a chemical not on
the TSCA Chemical Substances
Inventory (TSCA Inventory)) to notify
EPA and comply with the statutory
provisions pertaining to the
manufacture of new chemicals. Under
TSCA sections 5(d)(2) and 5(d)(3), EPA
is required to publish in the Federal
Register a notice of receipt of a
premanufacture notice (PMN) or an
application for a test marketing
exemption (TME), and to publish in the
Federal Register periodic status reports
on the new chemicals under review and
the receipt of notices of commencement
(NOC) to manufacture those chemicals.
This document, which covers the period
from August 29, 2011 to September 9,
2011, and provides the required notice
and status report, consists of the PMNs
and TMEs, both pending or expired, and
the NOC to manufacture a new chemical
that the Agency has received under
TSCA section 5 during this time period.
DATES: Comments identified by the
specific PMN number or TME number,
SUMMARY:
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must be received on or before November
4, 2011.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2011–0784,
and the specific PMN number or TME
number for the chemical related to your
comment, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001.
• Hand Delivery: OPPT Document
Control Office (DCO), EPA East Bldg.,
Rm. 6428, 1201 Constitution Ave., NW.,
Washington, DC. The DCO is open from
8 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the DCO is (202)
564–8930. Such deliveries are only
accepted during the DCO’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: 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 Web site 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
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]]>Agencies
[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Notices]
[Pages 61690-61692]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25694]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2003-0200; FRL-8888-4]
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, 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 July 13,
2011 Federal Register Notice of Receipt of Request to Amend Use
Deletion and Product Cancellation Order. In the July 13, 2011 notice,
EPA indicated that it would issue an order implementing the amendment,
after the 30-day comment period. One comment was received during the
30-day comment period. After consideration, the Agency has granted the
requested amendment. Accordingly, 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) for
1 year, until October 5, 2012. Additionally, the Agency will prohibit
use of existing stocks of all fenamiphos products after October 6,
2014.
DATES: This amendment is effective October 5, 2011.
FOR FURTHER INFORMATION CONTACT: Eric Miederhoff, Pesticide Re-
evaluation 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
[[Page 61691]]
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?
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.
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, as amended on June 11, 2008 and
December 10, 2008. The only registration affected by the extension of
the sale and distribution date is Nemacur 3 Emulsifiable Systemic
Insecticide-Nematicide, EPA Registration Number 264-731. The
prohibition on the use of fenamiphos products 3 years after publication
of the amended order affects all fenamiphos product registrations.
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 registrant, after May 31, 2007,
the effective cancellation date for the fenamiphos product
registrations. 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. These provisions were intended to
provide a reasonable amount of time for the material to move through
the channels of trade following the cessation of sale and distribution
of fenamiphos products by the registrant on May 31, 2007.
In a June 11, 2008 Federal Register Amendment to Use Deletion and
Product Cancellation Order (FRL-8368-2) (73 FR 33082), the Agency
extended the May 31, 2008 deadline on the sale and distribution by
persons other than the registrant 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.
In a December 10, 2008 (FRL-8389-8) (73 FR 75097) Federal Register
Amendment to Use Deletion and Product Cancellation Order, the Agency
further extended the November 30, 2008 deadline for the sale and
distribution of Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide
(EPA Reg. No. 264-731) through March 31, 2009. This action was taken in
response to 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.
On August 20, 2010 the Agency received another request from Maui
Pineapple to extend the deadline for sale and distribution of Nemacur 3
Emulsifiable Systemic Insecticide-Nematicide (EPA Reg. No. 264-731) to
allow a transfer of its remaining stocks of Nemacur 3 to other end
users.
The original May 31, 2008 deadline for fenamiphos was established
to provide a reasonable amount of time for the material to move 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 does
not conflict with the Agency's application of the guidelines outlined
in PR Notice 97-7, nor does it introduce more fenamiphos into the
pesticide use cycle than had been stipulated by the terms of the 5-year
phase-out. The extension allows for a redistribution of existing
material already in the hands of end users and no new fenamiphos
products will enter the marketplace. The Agency is extending the
deadline for persons other than the registrant to sell and distribute
Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide (EPA Reg. No.
264-731) for 1 year from the date of publication of this amended order
until October 5, 2012.
The Agency is also prohibiting use of all fenamiphos products in
the United States 3 years from the date of publication of this amended
order in the Federal Register. Accordingly, all use of fenamiphos
products in the United States will be prohibited after October 6, 2014.
Previously, the Agency had allowed end users with existing stocks of
products containing fenamiphos to continue to use these products until
their stocks were exhausted, provided that the use complied with
previously EPA-approved product label requirements for the respective
products. Considering the initial Product Cancellation Order for
fenamiphos was issued in 2003, 11 years will have elapsed since the
initial cancellation order was issued, and approximately 7 years will
have elapsed from the effective cancellation of the fenamiphos
products. When the Agency specified in the initial Product Cancellation
Order that users may use existing stocks until exhausted, it did not
anticipate that fenamiphos products would not move through the channels
of trade and be depleted by end users in a timely manner.
Moreover, all pesticides sold or distributed in the United States
generally must be registered by the Environmental Protection Agency
(EPA or the Agency), based on scientific data showing that they will
not cause unreasonable risks to human health or the environment when
used as directed on product labeling. Due to the fact that fenamiphos
product registrations were cancelled as part of the voluntary phase-
out, the Agency has determined that the registration review program,
the periodic evaluation of pesticide safety, is not applicable to
fenamiphos. The registration review of fenamiphos would have begun in
2008 if fenamiphos had had active product registrations at that time.
The Agency is concerned that the use of existing stocks of fenamiphos
products has continued for an extended period since the last
comprehensive scientific risks assessments of its domestic use, which
were completed for the 2002 Fenamiphos Reregistration Eligibility
Decision. Therefore, the Agency is prohibiting all use of pesticide
products containing fenamiphos after October 6, 2014.
[[Page 61692]]
III. Summary of Public Comments Received and Agency Response to
Comments
During the public comment period provided, EPA received one comment
in response to the July 13, 2011, Federal Register notice announcing
the Agency's proposal to amend the fenamiphos use deletion and product
cancellation order, (76 FR 41248) (FRL-8879-5). The comment, from the
Arizona Department of Agriculture, supported the Agency's proposal to
allow sale and distribution for an additional year. However, the
comment also stated that it would be preferable to continue to allow
use of fenamiphos products already in the hands of users until
exhaustion. The comment describes the disposal of unusable pesticide
products as expensive and time consuming. The Agency acknowledges the
difficulties inherent in the safe disposal of pesticide products.
However, as stated in Unit III, the Agency has concerns that, if the
previous existing stocks provision allowing use until exhaustion were
not amended, the use of fenamiphos would continue for an extended
period of time beyond the most recent comprehensive scientific risk
assessments of its domestic use. After consideration, the Agency has
concluded that, with the additional 3 years provided by this order, an
adequate period of time has been provided for existing stocks of
fenamiphos products to have been used.
IV. Amended Order
Pursuant to FIFRA section 6(a), EPA is amending the December 10,
2008 order to allow persons other than the registrant to sell and
distribute the fenamiphos product, Nemacur 3 Emulsifiable Systemic
Insecticide-Nematicide (EPA Registration Number 264-731), for 1 year,
until October 5, 2012. Accordingly, the Agency orders that the sale and
distribution of products containing fenamiphos is prohibited, except
for proper disposal or export pursuant to section 17 of FIFRA,
provided, however, that persons other than the registrant are permitted
to sell and distribute existing stocks of Nemacur 3 Emulsifiable
Systemic Insecticide-Nematicide (EPA Registration Number 264-731) for 1
year from the publication of the amended order. The Agency further
orders that end users with existing stocks of any products containing
fenamiphos may continue to use these products for 3 years, until
October 6, 2014, provided that the use complies with EPA-approved
product label requirements for the respective products. After October
6, 2014, all use of products containing fenamiphos is prohibited.
V. 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 of FIFRA, 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: September 27, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-25694 Filed 10-4-11; 8:45 am]
BILLING CODE 6560-50-P
