[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Notices]
[Pages 61690-61692]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25694]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2003-0200; FRL-8888-4]


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, 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 July 13, 
2011 Federal Register Notice of Receipt of Request to Amend Use 
Deletion and Product Cancellation Order. In the July 13, 2011 notice, 
EPA indicated that it would issue an order implementing the amendment, 
after the 30-day comment period. One comment was received during the 
30-day comment period. After consideration, the Agency has granted the 
requested amendment. Accordingly, 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, until October 5, 2012. Additionally, the Agency will prohibit 
use of existing stocks of all fenamiphos products after October 6, 
2014.

DATES: This amendment is effective October 5, 2011.

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: 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

[[Page 61691]]

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?

    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.

II. What action is the agency taking?

    This notice announces the 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 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 affects all fenamiphos product registrations.
    On December 10, 2003, EPA published a Use Deletion and Product 
Cancellation Order (FRL-7332-5) (68 FR 68901). 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 (FRL-8368-2) (73 FR 33082), 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-Nematicide (EPA Reg. No. 264-731) 
to end users.
    In a December 10, 2008 (FRL-8389-8) (73 FR 75097) Federal Register 
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 Insecticide-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 does 
not conflict with the Agency's application of the guidelines outlined 
in PR Notice 97-7, nor does it introduce more fenamiphos into the 
pesticide use cycle than had been stipulated by the terms of the 5-year 
phase-out. The extension allows for a redistribution of existing 
material already in the hands of end users and no new fenamiphos 
products will enter the marketplace. The Agency is extending 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 this amended order 
until October 5, 2012.
    The Agency is also prohibiting use of all fenamiphos products in 
the United States 3 years from the date of publication of this amended 
order in the Federal Register. Accordingly, all use of fenamiphos 
products in the United States will be prohibited after October 6, 2014. 
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, 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 Environmental Protection Agency 
(EPA or the Agency), 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 cancelled 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 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 
comprehensive scientific risks assessments of its domestic use, which 
were completed for the 2002 Fenamiphos Reregistration Eligibility 
Decision. Therefore, the Agency is prohibiting all use of pesticide 
products containing fenamiphos after October 6, 2014.

[[Page 61692]]

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

    During the public comment period provided, EPA received one comment 
in response to the July 13, 2011, Federal Register notice announcing 
the Agency's proposal to amend the fenamiphos use deletion and product 
cancellation order, (76 FR 41248) (FRL-8879-5). The comment, from the 
Arizona Department of Agriculture, supported the Agency's proposal to 
allow sale and distribution for an additional year. However, the 
comment also stated that it would be preferable to continue to allow 
use of fenamiphos products already in the hands of users until 
exhaustion. The comment describes the disposal of unusable pesticide 
products as expensive and time consuming. The Agency acknowledges the 
difficulties inherent in the safe disposal of pesticide products. 
However, as stated in Unit III, the Agency has concerns that, if the 
previous existing stocks provision allowing use until exhaustion were 
not amended, the use of fenamiphos would continue for an extended 
period of time beyond the most recent comprehensive scientific risk 
assessments of its domestic use. After consideration, the Agency has 
concluded that, with the additional 3 years provided by this order, an 
adequate period of time has been provided for existing stocks of 
fenamiphos products to have been used.

IV. Amended Order

    Pursuant to FIFRA section 6(a), EPA is amending 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, 
until October 5, 2012. Accordingly, the Agency orders 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 
orders that end users with existing stocks of any products containing 
fenamiphos may continue to use these products for 3 years, until 
October 6, 2014, provided that the use complies with EPA-approved 
product label requirements for the respective products. After October 
6, 2014, all use of products containing fenamiphos is prohibited.

V. 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 of FIFRA, 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.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 27, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2011-25694 Filed 10-4-11; 8:45 am]
BILLING CODE 6560-50-P