[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Pages 59261-59262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23397]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2003-0200; FRL-9917-19]
Fenamiphos; Amendment to Existing Stocks Provision of Use
Deletion and Product Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA issued a notice in the Federal Register of October 5,
2011, concerning an amendment to the use deletion and product
cancellation order for the pesticide fenamiphos. This amendment
followed a July 13, 2011 Federal Register Notice of Receipt of Request
to Amend Use Deletion and Product Cancellation Order. The October 5,
2011 amendment to the cancellation order extended the deadline for
persons other than the registrant to sell and distribute nemacur 3
emulsifiable systemic insecticide-
[[Page 59262]]
nematicide (EPA reg. no. 264-731) for 1-year, until October 5, 2012,
and established an end-use date for existing stocks of all fenamiphos
products of October 6, 2014. However, on August 5, 2014, the Agency
received a request from the Golf Course Superintendents Association of
America (GCSAA) to allow the continued use of existing fenamiphos
stocks past the October 6, 2014, deadline in light of the stocks that
remain in users' hands and the reported lack of effective alternatives
to treat nematode infestations on established turf. Today's notice
amends only the existing stocks provision of the October 5, 2011,
amended cancellation order, providing an additional 3 years, until
October 6, 2017, to use existing stocks of all fenamiphos products.
FOR FURTHER INFORMATION CONTACT: Tracy L. Perry, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0128; email
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
The Agency included in the October 5, 2011 Federal Register notice
a list of those who may be potentially affected by this action.
B. How can I get copies of this document and other related information?
The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2003-0200, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPP
Docket is (703) 305-5805. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.
II. What are the terms of the amended cancellation order?
This notice announces the amendment of the December 10, 2003, use
deletion and cancellation order of fenamiphos products registered under
section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended on June 11, 2008, December 10, 2008, and October 5,
2011. In the October 5, 2011 amendment to the use deletion and product
cancellation order of fenamiphos, the Agency announced that it would
prohibit use of existing stocks of all fenamiphos products after
October 6, 2014. Today's notice changes the end-use date from October
6, 2014, to October 6, 2017. In GCSAA's request to extend the end-use
date, they report that, according to the registrant at the time, Bayer
Corporation, golf courses purchased the majority of fenamiphos stocks
produced during the last year of the phase out in 2008. Golf course
owners reportedly purchased a 10-year supply of fenamiphos, in many
cases, as there was not a viable alternative to fenamiphos for use on
turf and it was forecasted to take many years of research to identify
one. The Agency established an end-use date in its October 5, 2011
amendment as the use of existing stocks had continued for an extended
period since the last comprehensive risk assessment, which was
completed for the 2002 Fenamiphos Reregistration Eligibility Decision.
While this fact still holds true, the Agency was not aware of the
volume of inventory in the hands of golf course owners at the time of
the October 5, 2011, amendment. The Agency concludes that the more
cost-effective and efficient option to exhaust the remaining stocks is
to use the stocks as directed on product labeling rather than
transporting hazardous substances over potentially lengthy distances to
a pesticide disposal facility.
EPA hereby modifies the cancellation order of the December 10,
2003, use deletion and cancellation order of fenamiphos products, as
amended on June 11, 2008, December 10, 2008, and October 5, 2011, to
permit the use of existing stocks until October 6, 2017. Any use of
such products must be in accordance with all terms of the previously-
approved labeling. The distribution and sale provisions of the October
5, 2011, order remain unchanged and, therefore, any distribution or
sale of fenamiphos products is prohibited, except for purposes of
proper disposal or export consistent with FIFRA section 17.
Authority: 7 U.S.C. 136 et seq.
Dated: September 24, 2014.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2014-23397 Filed 9-30-14; 8:45 am]
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