[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Pages 41248-41250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17615]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2003-0200; FRL-8879-5]
Fenamiphos; Notice of Receipt of Request to Amend Use Deletion
and Product Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's notice of receipt of a request to
amend the order for the cancellation of products, voluntarily requested
by the registrant and accepted by the Agency, containing the pesticide
fenamiphos, pursuant to section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended. This request
follows a December 10, 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 one fenamiphos
product, Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide, from
November 30, 2008 until March 31, 2009. The Agency subsequently
received a request from an end user to extend the sale and distribution
deadline for Nemacur 3. If this request is granted, 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) for 1 year from the date of publication of the
amended order. Additionally, the Agency intends to prohibit use of
existing stocks of all fenamiphos products 3 years from the date of
publication of the amended order.
DATES: Comments must be received on or before August 12, 2011.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2003-0200, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Submit written withdrawal request by mail to: Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. ATTN: Eric Miederhoff.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2003-0200. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other
[[Page 41249]]
contact information in the body of your comment and with any disk or
CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. 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 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.
FOR FURTHER INFORMATION CONTACT: Eric Miederhoff, Pesticide Re-
evaluation 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; fenamiphos
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. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
C. 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 proposed amendment of the December 10,
2003 use deletion and product cancellation order of fenamiphos products
registered under section 3 of FIFRA, as amended on June 11, 2008 and
December 10, 2008. The only registration that would be affected by the
extension of the sale and distribution date is Nemacur 3 Emulsifiable
Systemic Insecticide-Nematicide, EPA Registration Number 264-731. The
prohibition on the use of fenamiphos products 3 years after publication
of the amended order would affect all fenamiphos product registrations.
On December 10, 2003, EPA published a Use Deletion and Product
Cancellation Order in the Federal Register (68 FR 68901) (FRL-7332-5).
The order prohibited, among other things, the manufacture and
distribution of fenamiphos by Bayer Corporation, the sole technical
registrant, after May 31, 2007, the effective cancellation date for the
fenamiphos product registrations. 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. These provisions were
intended to provide a reasonable amount of time for the material to
move through the channels of trade following the cessation of sale and
distribution of fenamiphos products by the registrant on May 31, 2007.
In a June 11, 2008 Federal Register Amendment to Use Deletion and
Product Cancellation Order (73 FR 33082) (FRL-8368-2), the Agency
extended the May 31, 2008 deadline on the sale and distribution by
persons other than the registrant 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-
[[Page 41250]]
Nematicide (EPA Reg. No. 264-731) to end users.
In a December 10, 2008 Federal Register (73 FR 75097) (FRL-8389-8)
Amendment to Use Deletion and Product Cancellation Order, the Agency
further extended the November 30, 2008 deadline for the sale and
distribution of Nemacur 3 Emulsifiable Systemic Insceticide-Nematicide
(EPA Reg. No. 264-731) through March 31, 2009. This action was taken in
response to 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.
On August 20, 2010 the Agency received another request from Maui
Pineapple to extend the deadline for sale and distribution of Nemacur 3
Emulsifiable Systemic Insecticide-Nematicide (EPA Reg. No. 264-731) to
allow a transfer of its remaining stocks of Nemacur 3 to other end
users.
The original May 31, 2008 deadline for fenamiphos was established
to provide a reasonable amount of time for the material to move 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 would
neither conflict with the Agency's application of the guidelines
outlined in PR Notice 97-7, nor would it introduce more fenamiphos into
the pesticide use cycle than had been stipulated by the terms of the 5
year phase-out. The extension would allow for a redistribution of
existing material already in the hands of end users and no new
fenamiphos products would enter the marketplace. If this request is
granted, 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) for 1 year from the date
of publication of the amended order.
However, the Agency also intends to prohibit use of all fenamiphos
products in the United States 3 years from the date of publication of
the amended order in the Federal Register. Previously, the Agency had
allowed end users with existing stocks of products containing
fenamiphos to continue to use these products until their stocks were
exhausted, provided that the use complied with previously EPA-approved
product label requirements for the respective products. Considering the
initial Product Cancellation Order for fenamiphos was issued in 2003,
if the Agency permits a further extension, 11 years will have elapsed
since the initial cancellation order was issued, and approximately 7
years will have elapsed from the effective cancellation of the
fenamiphos products. When the Agency specified in the initial Product
Cancellation Order that users may use existing stocks until exhausted,
it did not anticipate that fenamiphos products would not move through
the channels of trade and be depleted by end users in a timely manner.
Moreover, all pesticides sold or distributed in the United States
generally must be registered by the EPA, based on scientific data
showing that they will not cause unreasonable risks to human health or
the environment when used as directed on product labeling. Due to the
fact that fenamiphos product registrations were canceled as part of the
voluntary phase-out, the Agency has determined that the registration
review program, the periodic evaluation of pesticide safety, is not
applicable to fenamiphos. The registration review of fenamiphos would
have begun in 2008 if fenamiphos had active product registrations at
that time. The Agency is concerned that the use of existing stocks of
fenamiphos products has continued for an extended period since the last
scientific risks assessments of its use, which were completed for the
2002 Fenamiphos Reregistration Eligibility Decision. Therefore, the
Agency intends to prohibit all use of pesticide products containing
fenamiphos 3 years from the date of publication of the amended order in
the Federal Register.
III. 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.
IV. Proposed Order Amendment
Pursuant to FIFRA section 6(a), EPA is proposing to amend the
December 10, 2008 order to allow persons other than the registrant to
sell and distribute the fenamiphos product, Nemacur 3 Emulsifiable
Systemic Insecticide-Nematicide (EPA Registration Number 264-731), for
1 year from the publication of the amended order. Accordingly, the
Agency is proposing to order that the sale and distribution of products
containing fenamiphos is prohibited, except for proper disposal or
export pursuant to section 17 of FIFRA, provided, however, that persons
other than the registrant are permitted to sell and distribute existing
stocks of Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide (EPA
Registration Number 264-731) for 1 year from the publication of the
amended order. The Agency further proposes to order that end users with
existing stocks of any products containing fenamiphos may continue to
use these products for 3 years from the date of publication of the
amended order in the Federal Register, provided that the use complies
with EPA-approved product label requirements for the respective
products.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: July 1, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-17615 Filed 7-12-11; 8:45 am]
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