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21942 Federal Register / Vol. 73, No.

79 / Wednesday, April 23, 2008 / Notices

response evaluation) of a risk (FRL–7332–5). However, several FIFRA mail. The regulations.gov website is an
assessment process. When supported by 24(c) Special Local Needs registrations ‘‘anonymous access’’ system, which
available data, the database provides (for nematode and banana root borer means EPA will not know your identity
oral reference doses (RfDs) and control) have not gone through the or contact information unless you
inhalation reference concentrations voluntary cancellation process. Bayer provide it in the body of your comment.
(RfCs) for chronic health effects, and CropScience, the registrant for all of the If you send an e-mail comment directly
oral slope factors and inhalation unit active FIFRA 24(c) product registrations, to EPA without going through
risks for carcinogenic effects. Combined has requested cancellation of all regulations.gov, your e-mail address
with specific exposure information, fenamiphos Special Local Needs will be automatically captured and
government and private entities can use registrations associated with the included as part of the comment that is
IRIS data to help characterize public previously cancelled Section 3 placed in the docket and made available
health risks of chemical substances in a fenamiphos products. EPA intends to on the Internet. If you submit an
site-specific situation and thereby grant this request at the close of the electronic comment, EPA recommends
support risk management decisions comment period for this announcement that you include your name and other
designed to protect public health. unless the Agency receives substantive contact information in the body of your
comments within the comment period
II. Meeting Information comment and with any disk or CD-ROM
that would merit its further review of
Members of the public may attend the you submit. If EPA cannot read your
the request, or unless the registrant
meeting as observers, and there will be comment due to technical difficulties
withdraws their request within this
a limited time for oral comments from and cannot contact you for clarification,
period. Upon acceptance of this request,
the public. Please let Versar, Inc. know any sale, distribution, or use of products EPA may not be able to consider your
if you wish to make comments during listed in this notice will be permitted comment. Electronic files should avoid
the meeting by registering on the Web only if such sale, distribution, or use is the use of special characters, any form
site at http://epa.versar.com/ consistent with the terms as described of encryption, and be free of any defects
2hexanone/ and indicating your intent in the final order. or viruses.
to make oral comments. Space is DATES: Comments must be received on Docket: All documents in the docket
limited, and reservations will be or May 23, 2008. are listed in the docket index available
accepted on a first-come, first-served ADDRESSES: Submit your comments and in regulations.gov. To access the
basis. your withdrawal request, identified by electronic docket, go to http://
Dated: April 15, 2008. docket identification (ID) number EPA– www.regulations.gov, select ‘‘Advanced
Peter W. Preuss, HQ–OPP–2008–0303, by one of the Search,’’ then ‘‘Docket Search.’’ Insert
Director, National Center for Environmental following methods: the docket ID number where indicated
Assessment. • Federal eRulemaking Portal: http:// and select the ‘‘Submit’’ button. Follow
[FR Doc. E8–8797 Filed 4–22–08; 8:45 am] www.regulations.gov. Follow the on-line the instructions on the regulations.gov
BILLING CODE 6560–50–P instructions for submitting comments. website to view the docket index or
• Mail: Office of Pesticide Programs access available documents. Although
(OPP) Regulatory Public Docket (7502P), listed in the index, some information is
ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1200 not publicly available, e.g., CBI or other
AGENCY Pennsylvania Ave., NW., Washington, information whose disclosure is
DC 20460–0001. restricted by statute. Certain other
[EPA–HQ–OPP–2008–0303; FRL–8361–2] • Delivery: OPP Regulatory Public material, such as copyrighted material,
Fenamiphos; Notice of Receipt of Docket (7502P), Environmental is not placed on the Internet and will be
Request to Voluntarily Cancel Certain Protection Agency, Rm. S–4400, One publicly available only in hard copy
Pesticide Registrations Potomac Yard (South Bldg.), 2777 S. form. Publicly available docket
Crystal Dr., Arlington, VA. Deliveries materials are available either in the
AGENCY: Environmental Protection are only accepted during the Docket’s electronic docket at http://
Agency (EPA). normal hours of operation (8:30 a.m. to www.regulations.gov, or, if only
ACTION: Notice. 4 p.m., Monday through Friday, available in hard copy, at the OPP
excluding legal holidays). Special
Regulatory Public Docket in Rm. S–
SUMMARY: In accordance with section arrangements should be made for
4400, One Potomac Yard (South Bldg.),
6(f)(1) of the Federal Insecticide, deliveries of boxed information. The
Fungicide, and Rodenticide Act 2777 S. Crystal Dr., Arlington, VA. The
Docket Facility telephone number is
(FIFRA), as amended, EPA is issuing a (703) 305–5805. hours of operation of this Docket
notice of receipt of a request by a Instructions: Direct your comments to Facility are from 8:30 a.m. to 4 p.m.,
registrant to voluntarily cancel its docket ID number EPA–HQ–OPP–2008– Monday through Friday, excluding legal
registrations for all products containing 0303. EPA’s policy is that all comments holidays. The Docket Facility telephone
the pesticide fenamiphos. This notice received will be included in the docket number is (703) 305–5805.
announces receipt by EPA of a request without change and may be made FOR FURTHER INFORMATION CONTACT: Eric
from the registrant Bayer CropScience to available on-line at http:// Miederhoff, Special Review and
cancel the remaining fenamiphos www.regulations.gov, including any Reregistration Division (7508P), Office
product registrations. The request personal information provided, unless of Pesticide Programs, Environmental
would terminate the last fenamiphos the comment includes information Protection Agency, 1200 Pennsylvania
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products registered for use in the United claimed to be Confidential Business Ave., NW., Washington, DC 20460–
States. The last remaining fenamiphos Information (CBI) or other information 0001; telephone number: (703) 347-
products registered under FIFRA whose disclosure is restricted by statute. 8028; fax number: (703) 308-7070; e-
Section 3 were cancelled on May 31, Do not submit information that you
mail address: miederhoff.eric@epa.gov.
2007 as stipulated in a Federal Register consider to be CBI or otherwise
notice issued on December 10, 2003 protected through regulations.gov or e- SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Notices 21943

I. General Information iii. Explain why you agree or disagree; 24(c) product registrations, has
suggest alternatives and substitute requested cancellation of all fenamiphos
A. Does this Action Apply to Me?
language for your requested changes. Special Local Needs registrations
This action is directed to the public iv. Describe any assumptions and associated with the previously cancelled
in general and may be of interest to a provide any technical information and/ Section 3 fenamiphos products.
wide range of stakeholders including or data that you used.
environmental, human health, and v. If you estimate potential costs or III. What Action is the Agency Taking?
agricultural advocates; the chemical burdens, explain how you arrived at This notice announces receipt by the
industry; pesticide users; and members your estimate in sufficient detail to EPA of a request from Bayer
of the public interested in the sale, allow for it to be reproduced. CropScience to cancel all fenamiphos
distribution, or use of pesticides. Since vi. Provide specific examples to pesticide product registrations
others also may be interested, the illustrate your concerns and suggest registered under section 24(c) of FIFRA.
Agency has not attempted to describe all alternatives. These registrations are listed in
the specific entities that may be affected vii. Explain your views as clearly as
sequence by registration number in
by this action. If you have any questions possible, avoiding the use of profanity
Table 1 of this unit. The registrant
regarding the information in this notice, or personal threats.
viii. Make sure to submit your making the request is identified in Table
consult the person listed under FOR 2 of this unit.
FURTHER INFORMATION CONTACT. comments by the comment period
deadline identified. Under section 6(f)(1)(A) of FIFRA,
B. What Should I Consider as I Prepare registrants may request, at any time, that
My Comments for EPA? II. Background on the Receipt of their pesticide registrations be canceled
Request to Cancel Certain Pesticide or amended to terminate one or more
1. Submitting CBI. Do not submit this
Registrations pesticide uses. Section 6(f)(1)(B) of
information to EPA through
regulations.gov or e-mail. Clearly mark This notice announces receipt by EPA FIFRA requires that before acting on a
the part or all of the information that of a request from the registrant, Bayer request for voluntary cancellation, EPA
you claim to be CBI. For CBI CropScience, to cancel the remaining must provide a 30–day public comment
information in a disk or CD-ROM that fenamiphos product registrations. period on the request for voluntary
you mail to EPA, mark the outside of the Fenamiphos is an organophosphate cancellation or use termination. In
disk or CD-ROM as CBI and then insecticide and nematicide which was addition, section 6(f)(1)(C) of FIFRA
identify electronically within the disk or used primarily to control nematodes requires that EPA provide a 180–day
CD-ROM the specific information that is and thrips on various agricultural crops comment period on a request for
claimed as CBI. In addition to one (i.e., citrus, grapes, peanuts, pineapples, voluntary cancellation or termination of
complete version of the comment that tobacco, etc.) and non-agricultural (i.e., any minor agricultural use before
includes information claimed as CBI, a turf and ornamentals) sites. granting the request, unless:
copy of the comment that does not In a letter dated March 24, 2008, 1. The registrants request a waiver of
contain the information claimed as CBI Bayer CropScience requested that EPA the comment period, or
must be submitted for inclusion in the cancel the remaining pesticide product
registrations for fenamiphos (identified 2. The Administrator determines that
public docket. Information so marked continued use of the pesticide would
will not be disclosed except in in Table 1 of this notice). The request
would terminate the last remaining pose an unreasonable adverse effect on
accordance with procedures set forth in the environment.
40 CFR part 2. fenamiphos products registered for use
2. Tips for preparing your comments. in the United States. The last remaining The fenamiphos registrant has
When submitting comments, remember fenaimphos products registered under requested that EPA waive the 180–day
to: FIFRA Section 3 were cancelled on May comment period. EPA will provide a
i. Identify the document by docket ID 31, 2007 in accordance with a Federal 30–day comment period on the
number and other identifying Register notice issued on December 10, proposed request.
information (subject heading, Federal 2003 (68 FR–68901)(FRL–7332–5). Unless a request is withdrawn by the
Register date and page number). However, several FIFRA 24(c) Special registrant within 30 days of publication
ii. Follow directions. The Agency may Local Needs registrations (for nematode of this notice, or if the Agency
ask you to respond to specific questions and banana root borer control) have not determines that there are substantive
or organize comments by referencing a gone through the voluntary cancellation comments that warrant further review of
Code of Federal Regulations (CFR) part process. Bayer CropScience, the this request, an order will be issued
or section number. registrant for all of the active FIFRA 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


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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

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21944 Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Notices

TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued


Registration No. Product Name Chemical Name

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 desiring the retention of a registration registrants of the products in Table 1 of
registrant within 30 days of publication should contact the applicable registrant this unit, in sequence by EPA company
of this notice, orders will be issued directly during this 30–day period. number.
canceling all of these registrations. Table 2 of this unit includes the
Users of these pesticides or anyone else names and addresses of record for all

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 persons other than the registrant to Dated: April 10, 2008.
Taking this Action? continue to use the affected FIFRA 24(c) Peter Caulkins,
Section 6(f)(1) of FIFRA provides that labels to apply existing stocks of the Acting Director, Special Review and
a registrant of a pesticide product may previously-cancelled parent Section 3 Reregistration Division.
at any time request that any of its products, Nemacur 15% Granular [FR Doc. E8–8568 Filed 4–22–08; 8:45 am]
pesticide registrations be canceled. Systemic Insecticide-Nematicide and BILLING CODE 6560–50–S
FIFRA further provides that, before Nemacur 3 Emulsifiable Systemic
acting on the request, EPA must publish Insecticide-Nematicide (EPA Reg. Nos.
a notice of receipt of any such request 264-726 and 264-731, respectively), ENVIRONMENTAL PROTECTION
in the Federal Register. Thereafter, provided such use is consistant with the AGENCY
following the public comment period, 24(c) labels, until such existing stocks [EPA–HQ–OPP–2008–0121; FRL–8360–3]
the Administrator may approve such a are exhausted. The registrant will not be
request. permitted to sell or distribute the Formaldehyde/Paraformaldehyde Risk
V. Procedures for Withdrawal of previously-cancelled parent Section 3 Assessments; Notice of Availability
Request products, Nemacur 15% Granular and Risk Reduction Options
Systemic Insecticide-Nematicide and
Registrants who choose to withdraw a AGENCY: Environmental Protection
Nemacur 3 Emulsifiable Systemic
request for cancellation must submit Agency (EPA).
Insecticide-Nematicide (EPA Reg. Nos.
such withdrawal in writing to the ACTION: Notice.
264-726 and 264-731, respectively), but
person listed under FOR FURTHER
existing stocks already in the hands of SUMMARY: This notice announces the
INFORMATION CONTACT, postmarked
dealers or users may be distributed and availability of EPA’s risk assessments,
before [insert date 30 days after date of
publication in the Federal Register]. sold until May 31, 2008 and used legally and related documents for the pesticide
This written withdrawal of the request until they are exhausted, in accordance formaldehyde/paraformaldehyde, and
for cancellation will apply only to the with FRL–7332–5. If, as the Agency opens a public comment period on these
applicable FIFRA section 6(f)(1) request currently intends, the final cancellation documents (Phase 3 of 4–Phase
listed in this notice. If the products have order contains the existing stocks Process). The public is encouraged to
been subject to a previous cancellation provision just described, the order will suggest risk management ideas or
action, the effective date of cancellation be sent only to the affected registrants proposals to address the risks identified.
and all other provisions of any earlier of the cancelled products. If the Agency EPA is developing a Reregistration
cancellation action are controlling. determines that the final cancellation Eligibility Decision (RED) for
order should contain existing stocks formaldehyde and paraformaldehyde
VI. Provisions for Disposition of through a modified, 4–Phase public
provisions different than the ones just
Existing Stocks participation process that the Agency
described, the Agency will publish the
Existing stocks are those stocks of cancellation order in the Federal uses to involve the public in developing
registered pesticide products which are pesticide reregistration decisions.
Register.
currently in the United States and Through this program, EPA is ensuring
mstockstill on PROD1PC66 with NOTICES

which were packaged, labeled, and List of Subjects that all pesticides meet current health
released for shipment prior to the and safety standards.
effective date of the cancellation action. Environmental protection, Pesticides DATES: Comments must be received on
If this request for voluntary cancellation and pests. or before June 23, 2008.
is granted, the Agency intends to issue ADDRESSES: Submit your comments,
a cancellation order that will allow identified by docket identification (ID)

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