[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