[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Notices]
[Pages 21942-21944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8568]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0303; FRL-8361-2]


Fenamiphos; Notice of Receipt of Request to Voluntarily Cancel 
Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a 
notice of receipt of a request by a registrant to voluntarily cancel 
its registrations for all products containing the pesticide fenamiphos. 
This notice announces receipt by EPA of a request from the registrant 
Bayer CropScience to cancel the remaining fenamiphos product 
registrations. The request would terminate the last fenamiphos products 
registered for use in the United States. The last remaining fenamiphos 
products registered under FIFRA Section 3 were cancelled on May 31, 
2007 as stipulated in a Federal Register notice issued on December 10, 
2003 (FRL-7332-5). However, several FIFRA 24(c) Special Local Needs 
registrations (for nematode and banana root borer control) have not 
gone through the voluntary cancellation process. Bayer CropScience, the 
registrant for all of the active FIFRA 24(c) product registrations, has 
requested cancellation of all fenamiphos Special Local Needs 
registrations associated with the previously cancelled Section 3 
fenamiphos products. EPA intends to grant this request at the close of 
the comment period for this announcement unless the Agency receives 
substantive comments within the comment period that would merit its 
further review of the request, or unless the registrant withdraws their 
request within this period. Upon acceptance of this request, any sale, 
distribution, or use of products listed in this notice will be 
permitted only if such sale, distribution, or use is consistent with 
the terms as described in the final order.

DATES: Comments must be received on or May 23, 2008.

ADDRESSES: Submit your comments and your withdrawal request, identified 
by docket identification (ID) number EPA-HQ-OPP-2008-0303, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket's normal hours of operation (8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information. The 
Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2008-0303. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://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 e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 
Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov 
website to view the docket index or access available documents. 
Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the OPP 
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this 
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: 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: [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 21943]]

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 
information in this notice, consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

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

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes 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 docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background on the Receipt of Request to Cancel Certain Pesticide 
Registrations

    This notice announces receipt by EPA of a request from the 
registrant, Bayer CropScience, to cancel the remaining fenamiphos 
product registrations. Fenamiphos is an organophosphate insecticide and 
nematicide which was used primarily to control nematodes and thrips on 
various agricultural crops (i.e., citrus, grapes, peanuts, pineapples, 
tobacco, etc.) and non-agricultural (i.e., turf and ornamentals) sites.
    In a letter dated March 24, 2008, Bayer CropScience requested that 
EPA cancel the remaining pesticide product registrations for fenamiphos 
(identified in Table 1 of this notice). The request would terminate the 
last remaining fenamiphos products registered for use in the United 
States. The last remaining fenaimphos products registered under FIFRA 
Section 3 were cancelled on May 31, 2007 in accordance with a Federal 
Register notice issued on December 10, 2003 (68 FR-68901)(FRL-7332-5). 
However, several FIFRA 24(c) Special Local Needs registrations (for 
nematode and banana root borer control) have not gone through the 
voluntary cancellation process. Bayer CropScience, the registrant for 
all of the active FIFRA 24(c) product registrations, has requested 
cancellation of all fenamiphos Special Local Needs registrations 
associated with the previously cancelled Section 3 fenamiphos products.

III. What Action is the Agency Taking?

    This notice announces receipt by the EPA of a request from Bayer 
CropScience to cancel all fenamiphos pesticide product registrations 
registered under section 24(c) of FIFRA. These registrations are listed 
in sequence by registration number in Table 1 of this unit. The 
registrant making the request is identified in Table 2 of this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be canceled or amended to 
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA 
requires that before acting on a request for voluntary cancellation, 
EPA must provide a 30-day public comment period on the request for 
voluntary cancellation or use termination. In addition, section 
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period 
on a request for voluntary cancellation or termination of any minor 
agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide 
would pose an unreasonable adverse effect on the environment.
    The fenamiphos registrant has requested that EPA waive the 180-day 
comment period. EPA will provide a 30-day comment period on the 
proposed request.
    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, or if the Agency determines that there are 
substantive comments that warrant further review of this request, an 
order will be issued canceling the affected registrations.

     Table 1.--Registrations with Pending Requests for Cancellation
------------------------------------------------------------------------
        Registration No.             Product Name        Chemical Name
------------------------------------------------------------------------
PR 97-0002                        Nemacur 15%         Fenamiphos
                                   Granular Systemic
                                   Insecticide-
                                   Nematicide
------------------------------------------------------------------------
HI 04-0002                        Nemacur 15%         Fenamiphos
                                   Granular Systemic
                                   Insecticide-
                                   Nematicide
------------------------------------------------------------------------
NM 90-0001                        Nemacur 15%         Fenamiphos
                                   Granular Systemic
                                   Insecticide-
                                   Nematicide
------------------------------------------------------------------------
PR 97-0001                        Nemacur 3           Fenamiphos
                                   Emulsifiable
                                   Systemic
                                   Insecticide-
                                   Nematicide
------------------------------------------------------------------------
PR 97-0005                        Nemacur 3           Fenamiphos
                                   Emulsifiable
                                   Systemic
                                   Insecticide-
                                   Nematicide
------------------------------------------------------------------------
WA 76-0034                        Nemacur 3           Fenamiphos
                                   Emulsifiable
                                   Systemic
                                   Insecticide-
                                   Nematicide
------------------------------------------------------------------------

[[Page 21944]]

 
FL 84-0019                        Nemacur 3           Fenamiphos
                                   Emulsifiable
                                   Systemic
                                   Insecticide-
                                   Nematicide
------------------------------------------------------------------------
HI 04-0001                        Nemacur 3           Fenamiphos
                                   Emulsifiable
                                   Systemic
                                   Insecticide-
                                   Nematicide
------------------------------------------------------------------------
OR 04-0021                        Nemacur 3           Fenamiphos
                                   Emulsifiable
                                   Systemic
                                   Insecticide-
                                   Nematicide
------------------------------------------------------------------------

    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, orders will be issued canceling all of 
these registrations. Users of these pesticides or anyone else desiring 
the retention of a registration should contact the applicable 
registrant directly during this 30-day period.
    Table 2 of this unit includes the names and addresses of record for 
all registrants of the products in Table 1 of this unit, in sequence by 
EPA company number.

         Table 2.--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
             EPA Company No.                  Company Name and Address
------------------------------------------------------------------------
264                                        Bayer CropScience
                                            2 T.W. Alexander Drive
                                            P.O. Box 12014 Research
                                            Triangle Park, NC 27709
------------------------------------------------------------------------

IV. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide 
product may at any time request that any of its pesticide registrations 
be canceled. FIFRA further provides that, before acting on the request, 
EPA must publish a notice of receipt of any such request in the Federal 
Register. Thereafter, following the public comment period, the 
Administrator may approve such a request.

V. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation must 
submit such withdrawal in writing to the person listed under FOR 
FURTHER INFORMATION CONTACT, postmarked before [insert date 30 days 
after date of publication in the Federal Register]. This written 
withdrawal of the request for cancellation will apply only to the 
applicable FIFRA section 6(f)(1) request listed in this notice. If the 
products have been subject to a previous cancellation action, the 
effective date of cancellation and all other provisions of any earlier 
cancellation action are controlling.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
which are currently in the United States and which were packaged, 
labeled, and released for shipment prior to the effective date of the 
cancellation action. If this request for voluntary cancellation is 
granted, the Agency intends to issue a cancellation order that will 
allow persons other than the registrant to continue to use the affected 
FIFRA 24(c) labels to apply existing stocks of the previously-cancelled 
parent Section 3 products, Nemacur 15% Granular Systemic Insecticide-
Nematicide and Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide 
(EPA Reg. Nos. 264-726 and 264-731, respectively), provided such use is 
consistant with the 24(c) labels, until such existing stocks are 
exhausted. The registrant will not be permitted to sell or distribute 
the previously-cancelled parent Section 3 products, Nemacur 15% 
Granular Systemic Insecticide-Nematicide and Nemacur 3 Emulsifiable 
Systemic Insecticide-Nematicide (EPA Reg. Nos. 264-726 and 264-731, 
respectively), but existing stocks already in the hands of dealers or 
users may be distributed and sold until May 31, 2008 and used legally 
until they are exhausted, in accordance with FRL-7332-5. If, as the 
Agency currently intends, the final cancellation order contains the 
existing stocks provision just described, the order will be sent only 
to the affected registrants of the cancelled products. If the Agency 
determines that the final cancellation order should contain existing 
stocks provisions different than the ones just described, the Agency 
will publish the cancellation order in the Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 10, 2008.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division.

[FR Doc. E8-8568 Filed 4-22-08; 8:45 am]
BILLING CODE 6560-50-S