### 61690 Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices

available electronically. Once in the system, select ‘‘search,’’ then key in the
docket ID number identified above.

EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in http://www.regulations.gov
as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI), or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide
a reference to that material in the version of the comment that is placed in http://www.regulations.gov. The entire printed comment, including the copyrighted material, will be available in the public docket. Although
identified as an item in the official docket, information claimed as CBI, or
whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in http:// www.regulations.gov. For further information about the electronic docket,
go to http://www.regulations.gov.

Title: Worker Protection Standard Training and Notification.

ICR Status: This is a request to renew an existing approved collection. This ICR is scheduled to expire on November 30, 2011. Under 5 CFR 1320.12(b)(2), the Agency may continue to conduct or sponsor the collection of information while this submission is pending at

OMB.

Abstract: EPA is responsible for the regulation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Worker Protection Standard (WPS), codified at 40 CFR part 170, established requirements to protect agricultural workers and pesticide handlers from hazards of pesticides used on farms, on forests, in nurseries, and in greenhouses. EPA regulations in 40 CFR part 170 contain the standard and workplace practices, which are designed to reduce or eliminate exposure to pesticides and establish procedures for responding to exposure-related emergencies. The practices include prohibitions against applying pesticides in a way that would cause exposure to workers and others; a waiting period
before workers can return to areas treated with pesticides (restricted entry interval); basic safety training (and voluntary training verification) and posting of information about pesticide hazards, as well as pesticide application information; arrangements for the supply of soap, water, and towels in case of pesticide exposure; and provisions for emergency assistance.

The training verification program facilitates compliance with the training requirements by providing a voluntary method for employers to verify that the required safety information has been provided to workers and handlers. Responses to all other aspects of this information collection activity are mandatory. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on
the related collection instrument or form, if applicable.

This renewal ICR estimates the third party response burden from complying with the WPS requirements. Information is exchanged between agricultural employers and employees at farm, forest, nursery and greenhouse establishments to ensure worker safety. No information is collected by the Agency under this ICR.

Burden Statement: The total annual respondent burden for providing the training and notifications associated
with the Worker Protection Standard is estimated to be 1,827,493 hours, with
the incremental burden of the various activities ranging from 2 minutes per respondent to provide initial basic safety information to 45 minutes per respondent for handler training. This total estimate includes the third party WPS training and notification requirements. Burden is defined in 5 CFR 1320.3(b).

Respondents/Affected Entities: Agricultural workers, pesticide handlers, employers in farms, nurseries, forestry, and greenhouse establishments

e.g., agricultural employers in farms; and (NAICS 111), and agricultural employers in the greenhouse and forestry sector (NAICS 115).

Estimated Number of Respondents:

309,085.

Frequency of Response: As needed.

Estimated Total Annual Hour Burden: 1,827,493 hours.

Estimated Total Annual Cost: $92,729,052.

Changes in the Estimates: There is an increase of 51,362 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR
Burdens. This increase is due to an adjustment in the assumptions and a
minor correction in the calculations clarified in the supporting statement. Dated: September 29, 2011.
John Moses,
Director, Collection Strategies Division.

[FR Doc. 2011–25760 Filed 10–4–11; 8:45 am]

**BILLING CODE 6560–50–P**

**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.

**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


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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 3Emulsifiable Systemic InsecticideNematicide, 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 3Emulsifiable Systemic InsecticideNematicide (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 3Emulsifiable Systemic InsecticideNematicide (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 3Emulsifiable Systemic InsecticideNematicide (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 werecancelled as part of the voluntary phaseout, 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.


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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 3Emulsifiable Systemic InsecticideNematicide (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, providedthat the use complies with EPAapproved 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**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[EPA–HQ–OPPT–2011–0784; FRL–8890–6]**

**Certain New Chemicals; Receipt and**
**Status Information**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice.

**SUMMARY :**  Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on
the TSCA Chemical Substances Inventory (TSCA Inventory)) to notify EPA and comply with the statutory provisions pertaining to the
manufacture of new chemicals. Under TSCA sections 5(d)(2) and 5(d)(3), EPA is required to publish in the Federal Register a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish in the Federal Register periodic status reports
on the new chemicals under review and the receipt of notices of commencement (NOC) to manufacture those chemicals. This document, which covers the period from August 29, 2011 to September 9, 2011, and provides the required notice and status report, consists of the PMNs and TMEs, both pending or expired, and
the NOC to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

**DATES :**  Comments identified by the specific PMN number or TME number, must be received on or before November

4, 2011.

**ADDRESSES :**  Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2011–0784, and the specific PMN number or TME number for the chemical related to your comment, by one of the following
methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the on-line instructions for submitting comments.

• Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–

0001.

• Hand Delivery: OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is (202) 564–8930. Such deliveries are only accepted during the DCO’s normal hours of operation, and special arrangements should be made for
deliveries of boxed information.

Instructions: 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 otherwiseprotected through regulations.gov or email. 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 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