E8-8568. Fenamiphos; Notice of Receipt of Request to Voluntarily Cancel Certain Pesticide Registrations

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice.

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 [phone].

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 [phone].

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: [phone]; fax number: [phone]; e-mail address: [e-mail].

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; 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

Registration No.	Product Name	Chemical Name
PR 97-0002	Nemacur 15% Granular Systemic Insecticide-Nematicide	Fenamiphos
HI 04-0002	Nemacur 15% Granular Systemic Insecticide-Nematicide	Fenamiphos
NM 90-0001	Nemacur 15% Granular Systemic Insecticide-Nematicide	Fenamiphos
PR 97-0001	Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide	Fenamiphos
PR 97-0005	Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide	Fenamiphos
WA 76-0034	Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide	Fenamiphos
FL 84-0019	Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide	Fenamiphos
HI 04-0001	Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide	Fenamiphos
OR 04-0021	Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide	Fenamiphos

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

EPA Company No.	Company Name and Address
264	Bayer CropScience 2 T.W. Alexander Drive P.O. Box 12014 Research Triangle Park, NC 27709

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.