[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Notices]
[Pages 75097-75099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29223]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2003-0200; FRL-8389-8]
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 June 11, 2008 Federal Register Amendment to Use Deletion and
Product Cancellation Order which extended the deadline for persons
other than the registrant to sell and distribute two fenamiphos
products, Nemacur 10% Turf and Ornamental Nematicide (EPA Reg. No. 432-
1291) and Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide (EPA
Reg. No. 264-731), from May 31, 2008, until November 30, 2008. These
are the last fenamiphos products registered for use in the United
States. The Agency subsequently received a request from an end user to
extend the sale and distribution deadline for Nemacur 3. 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) until March 31, 2009.
DATES: This amendment is effective December 10, 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:
[[Page 75098]]
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 athttp://www.epa.gov/fedrgstr.
II. What Action is the Agency Taking?
This notice announces the amendment of the June 11, 2008 amendment
to the use deletion and product cancellation order of fenamiphos
products registered under section 3 of FIFRA. The affected registration
is listed by registration number in Table 1 of this unit.
Table 1.--Fenamiphos Product Affected
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EPA Registration Number Product Name
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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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264 Bayer CropScience
2 T.W. Alexander Drive
P.O. Box 12014
Research Triangle Park, NC
27709
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On December 10, 2003, EPA published a Use Deletion and Product
Cancellation Order (68 FR 68901) (FRL-7332-5). 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 June 11, 2008 Federal Register Amendment to Use Deletion and
Product Cancellation Order, the Agency extended the May 31, 2008
deadline 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.
On November 19, 2008, the Agency received 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. The request stated
that due to a substantial decrease in production, the end user would be
unable to utilize their existing stocks of Nemacur 3. They requested
the extension to enable them to sell their Nemacur 3 to a distributor
who would in turn, sell and distribute the material to other end users.
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 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 5-year phase-out. Allowing additional
time for distributors to sell the Nemacur 3 to end users will ensure
that this product is utilized in accordance with the approved labeling
requirements. Today's action extends the deadline for persons other
than the registrant to sell and distribute Nemacur 3 Emulsifiable
Systemic Insecticide-Nematicide (EPA Reg. No. 264-731) for 4 months,
until March 31, 2009. 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 June 11, 2008
order to allow persons other than the registrant to sell and distribute
the fenamiphos product identified in Table 1 of Unit II., until March
31, 2009. Accordingly, the Agency hereby orders that the sale and
distribution of products containing fenamiphos is prohibited provided,
however, that persons other than the registrant are permitted to sell
and distribute existing stocks of Nemacur 3 Emulsifiable Systemic
Insecticide-Nematicide (EPA Reg. No. 264-731) until March 31, 2009. The
Agency further orders 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.
[[Page 75099]]
List of Subjects
Environmental protection, Pesticides and pests.
Dated: November 25, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-29223 Filed 12-9-08 8:45 am]
BILLING CODE 6560-50-S