[Federal Register Volume 73, Number 113 (Wednesday, June 11, 2008)]
[Notices]
[Pages 33082-33084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13003]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2003-0200; FRL-8368-2]


Fenamiphos; Amendment to Use Deletion and Product Cancellation 
Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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 December 10, 2003 Federal Register Use Deletion and Product 
Cancellation Order which approved the voluntary request submitted by 
Bayer Corporation to cancel all registrations for products containing 
the active ingredient fenamiphos. These are the last fenamiphos 
products registered for use in the United States. The December 10, 2003 
order prohibited the sale and distribution of fenamiphos products by 
persons other than the registrant after

[[Page 33083]]

May 31, 2008. The sole technical registrant for fenamiphos, Bayer 
Environmental Science, subsequently requested that the Agency extend 
the May 31, 2008 deadline for Nemacur 10% Turf and Ornamental 
Nematicide (EPA Reg. No. 432-1291) and Nemacur 3 Emulsifiable Systemic 
Insecticide-Nematicide (EPA Reg. No. 264-731). The Agency will extend 
the deadline for persons other than the registrant to sell and 
distribute Nemacur 10% Turf and Ornamental Nematicide as well as 
Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide until November 
30, 2008.

DATES: This amendment is effective June 11, 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: [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 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 http://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 at http://www.epa.gov/fedrgstr.

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. The affected registrations are 
listed by registration number in Table 1 of this unit.

                 Table 1.--Fenamiphos Products Affected
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          EPA Registration Number                   Product Name
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432-1291                                    Nemacur 10% Turf and
                                             Ornamental Nematicide
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264-731                                     Nemacur 3 Emulsifiable
                                             Systemic Insecticide-
                                             Nematicide
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    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
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            EPA Company Number                Company Name and Address
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432                                         Bayer Environmental Science,
                                            2 T.W. Alexander Drive,
                                            PO Box 12014,
                                            Research Triangle Park, NC
                                             27709
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264                                         Bayer CropScience,
                                            2 T.W. Alexander Drive,
                                            PO Box 12014,
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------

    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 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 letter dated May 22, 2008, the sole fenamiphos technical 
registrant, Bayer Environmental Science, requested an extension of the 
May 31, 2008 deadline through the current application season, until 
December 31, 2008. The letter stated that due to economic constraints, 
end-users are delaying purchase of this product until they are ready to 
actually make an application.
    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 10% Turf and Ornamental 
Nematicide and 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 
five year phase-out. Allowing additional time for distributors to sell 
the Nemacur 10% and Nemacur 3 to end users will ensure that this 
product is utilized safely, in accordance with the approved labeling 
requirements. Today's action extends the deadline for persons other 
than the registrant to sell and distribute Nemacur 10% Turf and 
Ornamental Nematicide (EPA Reg. No. 432-1291) and Nemacur 3 
Emulsifiable Systemic Insecticide-Nematicide (EPA Reg. No. 264-731) for 
six months, until November 30, 2008. 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 December 10, 
2003 order to allow persons other than the registrant to sell and 
distribute the fenamiphos product identified in Table 1 of Unit II., 
until November 30, 2008. Specifically, the Agency hereby amends the 
December 10, 2003 order to prohibit the sale and distribution of 
products containing fenamiphos, provided, however, that persons other 
than the registrant are permitted to sell and distribute existing 
stocks of Nemacur 10% Turf and Ornamental Nematicide (EPA Reg. No. 432-
1291) and Nemacur

[[Page 33084]]

3 Emulsifiable Systemic Insecticide-Nematicide (EPA Reg. No. 264-731) 
until November 30, 2008. The Agency further amends the December 10, 
2003 order to provide 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.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 30, 2008.
 Steven Bradbury,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E8-13003 Filed 6-10-08; 8:45 am]
BILLING CODE 6560-50-S