41248 Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Notices 

00215, for Unicorn IGR Pressurized 

Spray. 

2. On page 10590, in Table 4, remove 

the Company No. 28293 and the 

company name and address for 

‘‘Phaeton Corporation.’’ 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: July 7, 2011. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2011–17641 Filed 7–12–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9437–5] 

Notice of Proposed Administrative 

Settlement Pursuant to the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with Section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, as 

amended (CERCLA), 42 U.S.C. 9622(i), 

notice is hereby given of a proposed 

administrative settlement concerning 

the R&H Oil/Tropicana Superfund Site 

in San Antonio, Bexar County, Texas. 

The proposed administrative 

settlement requires one (1) settling de 

minimis party, Lester L. Kelly, to pay a 

total of $8,128.73 as payment of 

response costs to the Hazardous 

Substances Superfund and the R&H Oil/ 

Tropicana Superfund Site Special 

Account. The proposed administrative 

settlement includes a covenant not to 

sue pursuant to Sections 106 and 107 of 

CERCLA, 42 U.S.C. 9606 and 9607. 

For thirty (30) days following the date 

of publication of this notice, the Agency 

will receive written comments relating 

to this notice and will receive written 

comments relating to the proposed 

administrative settlement. The Agency 

will consider all comments received and 

may modify or withdraw its consent to 

the settlement if comments received 

disclose facts or considerations which 

indicate that the settlement is 

inappropriate, improper, or inadequate. 

The Agency’s responses to any 

comments received will be available for 

public inspection at 1445 Ross Avenue, 

Dallas, Texas 75202–2733. 

DATES: Comments must be submitted on 

or before August 12, 2011. 

ADDRESSES: The proposed 

administrative settlement and 

additional background information 

relating to the settlement are available 

for public inspection at 1445 Ross 

Avenue, Dallas, Texas 75202–2733. A 

copy of the proposed settlement may be 

obtained from Kevin Shade, 1445 Ross 

Avenue, Dallas, Texas 75202–2733 or by 

calling (214) 665–2708. Comments 

should reference the R&H Oil/Tropicana 

Superfund Site in San Antonio, Bexar 

County, Texas, and EPA Docket Number 

06–15–10, and should be addressed to 

Kevin Shade at the address listed above. 

FOR FURTHER INFORMATION CONTACT: IJung Chiang, 1445 Ross Avenue, Dallas, 

Texas 75202–2733 or call (214) 665– 

2160. 

Dated: July 4, 2011. 

Al Armendariz, 

Regional Administrator (6RA). 

[FR Doc. 2011–17618 Filed 7–12–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2003–0200; FRL–8879–5] 

Fenamiphos; Notice of Receipt of 

Request to Amend Use Deletion and 

Product Cancellation Order 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

notice of receipt of a request to amend 

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 request 

follows a December 10, 2008 Federal 

Register Amendment to Use Deletion 

and Product Cancellation Order, which 

extended the deadline for persons other 

than the registrant to sell and distribute 

one fenamiphos product, Nemacur 3 

Emulsifiable Systemic InsecticideNematicide, from November 30, 2008 

until March 31, 2009. The Agency 

subsequently received a request from an 

end user to extend the sale and 

distribution deadline for Nemacur 3. If 

this request is granted, 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 from the date of 

publication of the amended order. 

Additionally, the Agency intends to 

prohibit use of existing stocks of all 

fenamiphos products 3 years from the 

date of publication of the amended 

order. 

DATES: Comments must be received on 

or before August 12, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2003–0200, 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. 

Submit written withdrawal request by 

mail to: Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001. ATTN: 

Eric Miederhoff. 

• 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 

Facility’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–2003– 

0200. 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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Notices 41249 

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 

at http://www.regulations.gov. 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, 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 

agricultural advocates; the chemical 

industry; fenamiphos 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. 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. 

C. How can I get copies of this 

document and other related 

information? 

1. Docket. 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. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the Federal Register listings at 

http://www.epa.gov/fedrgstr. 

II. What action is the agency taking? 

This notice announces the proposed 

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 that would 

be 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 would 

affect all fenamiphos product 

registrations. 

On December 10, 2003, EPA 

published a Use Deletion and Product 

Cancellation Order in the Federal 

Register (68 FR 68901) (FRL–7332–5). 

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 (73 FR 

33082) (FRL–8368–2), 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 Insecticidemstockstill on DSK4VPTVN1PROD with NOTICES

41250 Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Notices 

Nematicide (EPA Reg. No. 264–731) to 

end users. 

In a December 10, 2008 Federal 

Register (73 FR 75097) (FRL–8389–8) 

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 

Insceticide-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 would neither 

conflict with the Agency’s application 

of the guidelines outlined in PR Notice 

97–7, nor would it introduce more 

fenamiphos into the pesticide use cycle 

than had been stipulated by the terms of 

the 5 year phase-out. The extension 

would allow for a redistribution of 

existing material already in the hands of 

end users and no new fenamiphos 

products would enter the marketplace. 

If this request is granted, 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 from the 

date of publication of the amended 

order. 

However, the Agency also intends to 

prohibit use of all fenamiphos products 

in the United States 3 years from the 

date of publication of the amended 

order in the Federal Register. 

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 EPAapproved product label requirements for 

the respective products. Considering the 

initial Product Cancellation Order for 

fenamiphos was issued in 2003, if the 

Agency permits a further extension, 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 EPA, 

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 canceled as 

part of the voluntary phase-out, 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 

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 scientific risks 

assessments of its use, which were 

completed for the 2002 Fenamiphos 

Reregistration Eligibility Decision. 

Therefore, the Agency intends to 

prohibit all use of pesticide products 

containing fenamiphos 3 years from the 

date of publication of the amended 

order in the Federal Register. 

III. 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, 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. 

IV. Proposed Order Amendment 

Pursuant to FIFRA section 6(a), EPA 

is proposing to amend 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 from the 

publication of the amended order. 

Accordingly, the Agency is proposing to 

order 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 proposes to 

order that end users with existing stocks 

of any products containing fenamiphos 

may continue to use these products for 

3 years from the date of publication of 

the amended order in the Federal 

Register, provided that the use complies 

with EPA-approved product label 

requirements for the respective 

products. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: July 1, 2011. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2011–17615 Filed 7–12–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2011–0507; FRL–8879–7] 

Formetanate HCl and Acephate; Notice 

of Receipt of Requests to Voluntarily 

Amend Registrations To Terminate 

Certain Uses 

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 requests by 

registrants to voluntarily amend their 

formetanate HCl and acephate product 

registrations to delete uses. The requests 

would delete formetanate HCl use in or 

on apple, pear and peach commodities, 

and acephate use in or on succulent 

green beans. The requests would not 

terminate the last formetanate HCl or 

acephate products registered for use in 

the United States. EPA intends to grant 

these requests 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 one or more of the 

mstockstill on DSK4VPTVN1PROD with NOTICES