[Federal Register: April 23, 2008 (Volume 73, Number 79)]
[Notices]
[Page 21942-21944]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap08-69]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2008-0303; FRL-8361-2]
Fenamiphos; Notice of Receipt of Request to Voluntarily Cancel
Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of a request by a registrant to voluntarily cancel
its registrations for all products containing the pesticide fenamiphos.
This notice announces receipt by EPA of a request from the registrant
Bayer CropScience to cancel the remaining fenamiphos product
registrations. The request would terminate the last fenamiphos products
registered for use in the United States. The last remaining fenamiphos
products registered under FIFRA Section 3 were cancelled on May 31,
2007 as stipulated in a Federal Register notice issued on December 10,
2003 (FRL-7332-5). However, several FIFRA 24(c) Special Local Needs
registrations (for nematode and banana root borer control) have not
gone through the voluntary cancellation process. Bayer CropScience, the
registrant for all of the active FIFRA 24(c) product registrations, has
requested cancellation of all fenamiphos Special Local Needs
registrations associated with the previously cancelled Section 3
fenamiphos products. EPA intends to grant this request at the close of
the comment period for this announcement unless the Agency receives
substantive comments within the comment period that would merit its
further review of the request, or unless the registrant withdraws their
request within this period. Upon acceptance of this request, any sale,
distribution, or use of products listed in this notice will be
permitted only if such sale, distribution, or use is consistent with
the terms as described in the final order.
DATES: Comments must be received on or May 23, 2008.
ADDRESSES: Submit your comments and your withdrawal request, identified
by docket identification (ID) number EPA-HQ-OPP-2008-0303, 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.
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'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-
2008-0303. 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 website 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 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 in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
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, 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: miederhoff.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 21943]]
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
information in this notice, 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.
II. Background on the Receipt of Request to Cancel Certain Pesticide
Registrations
This notice announces receipt by EPA of a request from the
registrant, Bayer CropScience, to cancel the remaining fenamiphos
product registrations. Fenamiphos is an organophosphate insecticide and
nematicide which was used primarily to control nematodes and thrips on
various agricultural crops (i.e., citrus, grapes, peanuts, pineapples,
tobacco, etc.) and non-agricultural (i.e., turf and ornamentals) sites.
In a letter dated March 24, 2008, Bayer CropScience requested that
EPA cancel the remaining pesticide product registrations for fenamiphos
(identified in Table 1 of this notice). The request would terminate the
last remaining fenamiphos products registered for use in the United
States. The last remaining fenaimphos products registered under FIFRA
Section 3 were cancelled on May 31, 2007 in accordance with a Federal
Register notice issued on December 10, 2003 (68 FR-68901)(FRL-7332-5).
However, several FIFRA 24(c) Special Local Needs registrations (for
nematode and banana root borer control) have not gone through the
voluntary cancellation process. Bayer CropScience, the registrant for
all of the active FIFRA 24(c) product registrations, has requested
cancellation of all fenamiphos Special Local Needs registrations
associated with the previously cancelled Section 3 fenamiphos products.
III. What Action is the Agency Taking?
This notice announces receipt by the EPA of a request from Bayer
CropScience to cancel all fenamiphos pesticide product registrations
registered under section 24(c) of FIFRA. These registrations are listed
in sequence by registration number in Table 1 of this unit. The
registrant making the request is identified in Table 2 of this unit.
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or termination of any minor
agricultural use before granting the request, unless:
1. The registrants request a waiver of the comment period, or
2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
The fenamiphos registrant has requested that EPA waive the 180-day
comment period. EPA will provide a 30-day comment period on the
proposed request.
Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling the affected registrations.
Table 1.--Registrations with Pending Requests for Cancellation
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Registration No. Product Name Chemical Name
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PR 97-0002 Nemacur 15% Fenamiphos
Granular Systemic
Insecticide-
Nematicide
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HI 04-0002 Nemacur 15% Fenamiphos
Granular Systemic
Insecticide-
Nematicide
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NM 90-0001 Nemacur 15% Fenamiphos
Granular Systemic
Insecticide-
Nematicide
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PR 97-0001 Nemacur 3 Fenamiphos
Emulsifiable
Systemic
Insecticide-
Nematicide
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PR 97-0005 Nemacur 3 Fenamiphos
Emulsifiable
Systemic
Insecticide-
Nematicide
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WA 76-0034 Nemacur 3 Fenamiphos
Emulsifiable
Systemic
Insecticide-
Nematicide
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[[Page 21944]]
FL 84-0019 Nemacur 3 Fenamiphos
Emulsifiable
Systemic
Insecticide-
Nematicide
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HI 04-0001 Nemacur 3 Fenamiphos
Emulsifiable
Systemic
Insecticide-
Nematicide
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OR 04-0021 Nemacur 3 Fenamiphos
Emulsifiable
Systemic
Insecticide-
Nematicide
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Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, orders will be issued canceling all of
these registrations. Users of these pesticides or anyone else desiring
the retention of a registration should contact the applicable
registrant directly during this 30-day period.
Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number.
Table 2.--Registrants Requesting Voluntary Cancellation
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EPA Company No. 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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IV. What is the Agency's Authority for Taking this Action?
Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register. Thereafter, following the public comment period, the
Administrator may approve such a request.
V. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before [insert date 30 days
after date of publication in the Federal Register]. This written
withdrawal of the request for cancellation will apply only to the
applicable FIFRA section 6(f)(1) request listed in this notice. If the
products have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. If this request for voluntary cancellation is
granted, the Agency intends to issue a cancellation order that will
allow persons other than the registrant to continue to use the affected
FIFRA 24(c) labels to apply existing stocks of the previously-cancelled
parent Section 3 products, Nemacur 15% Granular Systemic Insecticide-
Nematicide and Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide
(EPA Reg. Nos. 264-726 and 264-731, respectively), provided such use is
consistant with the 24(c) labels, until such existing stocks are
exhausted. The registrant will not be permitted to sell or distribute
the previously-cancelled parent Section 3 products, Nemacur 15%
Granular Systemic Insecticide-Nematicide and Nemacur 3 Emulsifiable
Systemic Insecticide-Nematicide (EPA Reg. Nos. 264-726 and 264-731,
respectively), but existing stocks already in the hands of dealers or
users may be distributed and sold until May 31, 2008 and used legally
until they are exhausted, in accordance with FRL-7332-5. If, as the
Agency currently intends, the final cancellation order contains the
existing stocks provision just described, the order will be sent only
to the affected registrants of the cancelled products. If the Agency
determines that the final cancellation order should contain existing
stocks provisions different than the ones just described, the Agency
will publish the cancellation order in the Federal Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: April 10, 2008.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division.
[FR Doc. E8-8568 Filed 4-22-08; 8:45 am]
BILLING CODE 6560-50-S