[Federal Register Volume 67, Number 188 (Friday, September 27, 2002)]
[Notices]
[Pages 61098-61099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24648]



[[Page 61098]]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0169; FRL-7274-2]


Fenamiphos; Notice of Receipt of Request to Voluntarily Cancel 
All Product Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a 
notice of receipt of request from the sole registrant, Bayer 
Corporation, to voluntarily cancel all their registrations for products 
containing fenamiphos, effective as of May 31, 2007. The aforementioned 
registrant has requested voluntary cancellation of their fenamiphos 
product registrations and has requested that EPA waive the 180-day 
comment period. In light of this request, EPA is granting the request 
to waive the 180-day comment period and is providing a 30-day public 
comment period before taking action on the requested cancellation. EPA 
intends to grant the requested registration cancellation at the close 
of the comment period, effective as of May 31, 2007.

DATED: Comments on the requested registration cancellations must be 
submitted to the address provided below and identified by docket ID 
number OPP-2002-0169. Comments must be received on or before October 
28, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION section below. To 
ensure proper receipt by EPA, it is imperative that you identify docket 
ID number OPP-2002-0169 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT:  Tawanda Spears, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 308-8050; e-mail address: 
[email protected].

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 if you manufacture, sell, distribute, or use fenamiphos 
products. 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 person 
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/. To access information about 
fenamiphos, go directly to the Home Page for the Office of Pesticide 
Programs at http://www.epa.gov/pesticides/, and select ``reregistration 
eligibility (REDs)'' under ``Reregistration and Special Review,'' and 
then look up the entry for fenamiphos under letter ``F.''
    2. In person. The Agency has established an official record for 
this action under docket ID number OPP-2002-0169. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall 2, 1921 Jefferson Davis Hwy., Arlington, VA, from 
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. 
The PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

     You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket ID number OPP-2002-0169 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), U.S. 
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0/9.0 or ASCII file format. Electronic comments may also be filed 
online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

     Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed under FOR FURTHER INFORMATION CONTACT.

[[Page 61099]]

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. Cancellations

     EPA is publishing this notice in response to the registrant's 
request to cancel all their registrations for products containing 
fenamiphos, effective as of May 31, 2007. Please refer to the table 
below for specific product registrations that are subject to 
cancellation. EPA assessed the risk associated with the use of 
fenamiphos pesticide products and determined additional data needs and/
or mitigation measures were necessary, where applicable, to support the 
continued use of fenamiphos products. Consequently, Bayer Corporation, 
the sole registrant of fenamiphos, elected to request voluntary 
cancellation of all their fenamiphos product registrations. Bayer noted 
its decision was predicated largely on the limited use of fenamiphos, 
relative to the expenses associated with supporting the chemical. In 
conjunction with the request for voluntary cancellation, Bayer 
Corporation has also agreed to amend their existing fenamiphos product 
registrations and implement interim risk mitigation measures. EPA 
intends to accept the registrant's request barring adverse comments 
received during the 30-day public comment period.
     Pursuant to section 6(f)(1)(A) of FIFRA, Bayer Corporation, 8400 
Hawthorne Rd., P.O. Box 4913, Kansas City, MO 64120-0013 has submitted 
a request to cancel their existing manufacturing and end-use product 
registrations containing fenamiphos, effective as of May 31, 2007. The 
product registrations, for which cancellations were requested, are 
identified in the following table:

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            Fenamiphos Products                   EPA Registrations
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Nemacur Technical-Insecticide               3125-269
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Nemacur Concentrate Nematicide-Insecticide  3125-333
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Nemacur 3                                   3125-283
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Nemacur 15% Granular                        3125-283
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Nemacur 10% Turf and Ornamental Nematicide  3125-237
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B. Amendments

     In addition to the request to cancel all of their fenamiphos 
product registrations, Bayer has also agreed to amend their existing 
fenamiphos product registrations to: (1) Prohibit all use and 
formulation for use on extremely vulnerable soils after May 31, 2005; 
(2) cap production at 500,000 pounds for fenamiphos manufacturing-use 
products used in the United States for the year ending May 31, 2003; 
and (3) cap production for each subsequent year at 20% of the previous 
year's production during the 5-year phase-out period. Lastly, Bayer has 
submitted revised labels to the Agency to implement the risk mitigation 
measures and changes to the product labels identified in the fenamiphos 
IRED document (i.e., establishing seasonal maximum application rates 
and reducing current rates).

III. Proposed Existing Stocks and Import Tolerances Provisions

A. Existing Stocks

     Bayer has requested voluntary cancellation of the fenamiphos 
registrations identified in the table above. EPA intends to grant the 
request for voluntary cancellation, effective as of May 31, 2007. For 
purposes of the cancellation order that the Agency intends to issue at 
the close of the comment period for this announcement, the term 
``existing stocks'' will be defined, pursuant to EPA's existing stocks 
policy at 56 FR 29362, as those stocks of a registered pesticide 
product which are currently in the United States and which have been 
packaged, labeled, and released for shipment prior to the effective 
date of the cancellation or amendment. As of May 31, 2007, all sale and 
distribution by Bayer, the sole registrant, of existing stocks 
(manufacturing-use and end-use products), shall be prohibited. Persons 
other than the registrant may sell and distribute such products until 
May 31, 2008. Use of stocks in the channels of trade may continue until 
depleted, except where prohibited by the label. Any distribution, sale, 
or use of existing stocks after the effective date of the cancellation 
order that the Agency intends to issue that is not consistent with the 
terms of that order will be considered a violation of section 
12(a)(2)(K) and/or 12(a)(1)(A) of FIFRA.

B. Import Tolerances

     The registrant anticipates that commodities treated with 
fenamiphos may continue to be imported into the United States after the 
final effective date of cancellation, and after existing stocks in the 
United States are exhausted. As such, Bayer intends to support import 
tolerances for banana, citrus, grape, pineapple, and garlic.

List of Subjects

    Environmental protection, Chemicals, Cancellations.

     September 19, 2002.
Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
 [FR Doc. 02-24648 Filed 9-26-02; 8:45 am]
BILLING CODE 6560-50-S