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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices 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 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 3 

Emulsifiable 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 3 

Emulsifiable 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 3 

Emulsifiable 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 were 

cancelled 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. 

mstockstill on DSK4VPTVN1PROD with NOTICES

61692 Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices 

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 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, provided 

that 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 otherwise 

protected 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 

mstockstill on DSK4VPTVN1PROD with NOTICES