[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Notices]
[Pages 34741-34743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13623]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0303; FRL-8368-6]


Fenamiphos; Product Registration Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellation, 
voluntarily requested by the registrant and accepted by the Agency, of 
certain product registrations containing the pesticide fenamiphos, 
pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), as amended. This cancellation order follows an 
April 23, 2008 Federal Register Notice of Receipt of Request from the 
fenamiphos registrant to voluntarily cancel certain fenamiphos product 
registrations. These are the last fenamiphos products registered for 
use in the United States. In the April 23, 2008 notice, EPA indicated 
that it would issue an order implementing the cancellations, unless the 
Agency received substantive comments within the 30 day comment period 
that would merit its further review of these requests, or unless the 
registrant withdrew their request within this period. The Agency did 
not receive any comments on the notice. Further, the registrant did not 
withdraw their request. Accordingly, EPA hereby issues in this notice a 
cancellation order granting the requested cancellations. Any 
distribution, sale, or use of the fenamiphos products subject to this 
cancellation order is permitted only in accordance with the terms of 
this order, including any existing stocks provisions.

[[Page 34742]]


DATES: The cancellations are effective June 18, 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:

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-2008-0303. 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 cancellation, as requested by the 
registrant, of certain fenamiphos products registered under section 
24(c) of FIFRA. These registrations are listed in sequence by 
registration number in Table 1 of this unit.

         Table 1.--Fenamiphos Product Registration Cancellations
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        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
------------------------------------------------------------------------
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
------------------------------------------------------------------------


          Table 2.--Registrants of Canceled Fenamiphos Products
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            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
264                                         Bayer CropScience
                                            2 T.W. Alexander Drive
                                            P.O. Box 12014
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    During the public comment period provided, EPA received no comments 
in response to the April 23, 2008 Federal Register notice announcing 
the Agency's receipt of the request for voluntary cancellation of 
certain fenamiphos product registrations.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellations of fenamiphos registrations identified in Table 1 of Unit 
II. Accordingly, the Agency orders that the fenamiphos product 
registrations identified in Table 1 of Unit II. are hereby canceled. 
Any distribution, sale, or use of existing stocks of the products 
identified in Table 1 of Unit II. in a manner inconsistent with any of 
the Provisions for Disposition of Existing Stocks set forth in Unit VI. 
will be considered a violation of FIFRA.

V. 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 or amended to terminate one or more uses. 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.

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. The cancellation order issued in this notice 
includes the following existing stocks provisions.
    Persons other than the registrant may 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

[[Page 34743]]

Insecticide-Nematicide (EPA Reg. Nos. 264-726 and 264-731, 
respectively), provided such use is consistent with the 24(c) labels, 
until such existing stocks are exhausted. The registrant is not 
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) as of May 31, 2007 in accordance 
with a December 10, 2003 Federal Register Order (FRL-7332-5) (68 FR 
68901). This order also stipulated that sale and distribution of 
Nemacur 15% Granular Systemic Insecticide-Nematicide by persons other 
than the registrant is prohibited as of May 31, 2008. Existing stocks 
of Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide (EPA Reg No. 
264-731) already in the hands of dealers or users may be distributed 
and sold until November 30, 2008 in accordance with a Federal Register 
Order issued on June 11, 2008 (FRL-8368-2).

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 10, 2008.
 Steven Bradbury,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E8-13623 Filed 6-17-08; 8:45 am]
BILLING CODE 6560-50-S