[Federal Register: August 17, 2005 (Volume 70, Number 158)]
[Notices]
[Page 48392-48395]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au05-76]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0061; FRL-7733-3]
Azinphos-methyl; Notice of Receipt of Requests to Voluntarily
Amend to Terminate Uses of Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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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 amend their
registrations to terminate certain uses of end-use products containing
the pesticide azinphos-methyl. The requests would terminate azinphos-
methyl use in or on caneberries, cotton, cranberries, peaches/
nectarines, potatoes, and Southern pine seed orchards. EPA intends to
grant these requests at the close of the comment period for this notice
unless, based on substantive comments received during the comment
period or other relevant information, the Agency determines that the
requests merit further review. Upon granting these requests, 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. A companion notice,
announcing the order to amend registrations of azinphos-methyl
manufacturing-use products to terminate these same uses, is published
elsewhere in this Federal Register. The existing stocks provision
proposed in this notice for end-use products reflects and is compatible
with the modified schedule for terminating uses on the manufacturing-
use products.
DATES: Comments must be received on or before September 16, 2005.
ADDRESSES: Comments, identified by docket identification (ID) number
OPP-2005-0061, may be submitted electronically, by mail, or through
hand delivery/courier. Follow the detailed instructions as provided in
Unit I. of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Diane Isbell, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8154; fax
number: (703) 308-8041; e-mail address: isbell.diane@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; 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?
1. Docket. EPA has established an official public docket for this
action under docket ID number OPP-2005-0061. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall 2, 1801 S. Bell St., Arlington, VA. This docket
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The docket 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/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket,
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will not be available for public viewing in EPA's electronic public
docket. EPA's policy is that copyrighted material will not be placed in
EPA's electronic public docket but will be available only in printed,
paper form in the official public docket. To the extent feasible,
publicly available docket materials will be made available in EPA's
electronic public docket. When a document is selected from the index
list in EPA Dockets, the system will identify whether the document is
available for viewing in EPA's electronic public docket. Although not
all docket materials may be available electronically, you may still
access any of the publicly available docket materials through the
docket facility identified in Unit I.B.1. EPA intends to work towards
providing electronic access to all of the publicly available docket
materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
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 EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPP-2005-0061. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by e-mail to opp-docket@epa.gov,
Attention: Docket ID Number OPP-2005-0061. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2005-0061.
3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
Number OPP-2005-0061. Such deliveries are only accepted during the
docket's normal hours of operation as identified in Unit I.B.1.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
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 CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any 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 and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
[[Page 48394]]
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful if you provided the name, date, and Federal
Register citation related to your comments.
II. Background on the Receipt of Requests to Amend Registrations to
Terminate Uses
This notice announces receipt by EPA of requests from registrants
Bayer CropScience, Gowan Company, Makhteshim Chemical Works, and
Microflo Company to amend azinphos-methyl end-use product labels to
terminate use on caneberries, cotton, cranberries, peaches/nectarines,
potatoes, and Southern pine seed orchards from the registrations listed
in Table 1. of Unit III.
Azinphos-methyl is an organophosphate insecticide first registered
in 1959, and is used in agriculture on berries, nuts, orchard fruits,
and other crops. The Interim Reregistration Eligibility Decision (IRED)
for azinphos-methyl was issued in October 2001. The notice of
availability of the interim risk management decision documents was
published in the Federal Register issue of November 28, 2001 (66 FR
59419) (FRL-6813-9). During the development of the IRED, EPA evaluated
the risks and benefits associated with azinphos-methyl use, considered
all relevant risk mitigation options and implemented a variety of
mitigation measures, including reductions in the rate and frequency of
applications and precautionary labeling to reduce risks. Despite these
mitigation measures, calculated risks to workers and the environment
from azinphos-methyl use still indicated potential concerns. The
technical registrants of azinphos-methyl entered into a Memorandum of
Agreement (MOA) with EPA that was signed on May 23, 2002. The MOA
implemented the IRED decision by dividing the universe of azinphos-
methyl uses into three groups. Group 1 contained 23 crops with little
usage that were deleted immediately. Group 2 consists of the 7 uses
that are the subject of this notice: Caneberries, cotton, cranberries,
peaches/nectarines, potatoes, and Southern pine seed orchards which
were to be phased-out by December 31, 2005. Group 3 is comprised of 10
uses which have time-limited registrations pending the submission and
evaluation of biomonitoring, product efficacy, and other data. Group 3
includes: Almonds; apples; blueberries, lowbush and highbush; brussel
sprouts; cherries, sweet and tart; crab apples; nursery stock; parsley;
pears; pistachios; and walnuts.
EPA published in the Federal Register issue of February 28, 2005
(70 FR 9644) (FRL-7702-5) a notice that announced the receipt of
requests to terminate use of azinphos-methyl on the Group 2 crops
listed in this unit on manufacturing-use products. EPA received
comments and requests to extend these uses from the U.S. Department of
Agriculture (USDA), Ohio Farm Bureau, researchers, and commodity
groups. EPA has evaluated these requests along with other comments
received in response to the February 28, 2005 notice. The order to
amend manufacturing-use product registrations to terminate Group 2 uses
is published elsewhere in this Federal Register.
In letters dated May 5, 2005, May 27, 2005, May 31, 2005, and June
16, 2005, Bayer CropScience, Gowan Company, and Makhteshim Chemical
Works, and Microflo Company requested that EPA amend the affected
registrations to terminate Group 2 uses of azinphos-methyl end-use
products identified in Tables 1 and 2 of Unit III.
III. What Action is the Agency Taking?
In accordance with the 2002 MOA and section 6(f) of FIFRA, this
notice announces receipt by EPA of requests from registrants to amend
to terminate uses of azinphos-methyl end-use product registrations. The
affected products and the registrants making the requests are
identified in Tables 1 and 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 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 azinphos-methyl registrants have requested that EPA waive the
180-day comment period. EPA will provide a 30-day comment period on the
proposed requests. Thereafter, following the public comment period, the
Administrator may approve such a request. An order will be issued
amending the affected registrations.
Table 1.--Azinphos-methyl Product Registrations with Pending Requests
for Amendment
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Registration No. Product name Company
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264-733 Guithion Solupak Bayer Cropscience
50%
Wettable Powder
Insecticide.
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10163-78 Gowan Azinphos-M Gowan Company
10163-138....................... 50 WSB
10163-139....................... Gowan Azinphos-M
10163-180....................... 35 WP.
Gowan Azinphos-M
35 WSB.
Gowan Azinphos 50
PVA.
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66222-11 Cotnion-Methyl Makhteshim
Azinphos-methyl Chemical Works
50W.
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51036-164 Azinphos-methyl Microflo Company
50W
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Table 2 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 of this unit.
Table 2.--Registrants Requesting Amendments
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EPA Company No. Company name and address
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264 Bayer Cropscience
2 T.W. Alexander Dr.
Research Triangle Park, NC
27709
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10163 Gowan Company
P.O. Box 5569
Yuma, AZ 85366-5569
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66222 Makhteshim Chemical Works
4515 Falls of Neuse Rd., Suite
300
Raleigh, NC 27609
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51036 Microflo Company
530 Oak Court Dr.
Memphis, TN 38117
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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 or amended to terminate one or more uses. 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. 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.
In any order issued in response to these requests for amendments to
terminate uses, the Agency proposes to include the following provisions
for the treatment of any existing stocks of the azinphos-methyl end-use
products identified in Table 1 of Unit III: The distribution or sale of
these products is permitted until March 31, 2006. The use of existing
stocks of these products in the United States is permitted until
September 30, 2006.
Section III.B.3. of the 2002 MOA provides for extension of sale and
distribution of existing stocks of end-use products by an equal period
of time if EPA issues the termination order after August 31, 2005. EPA
will not be issuing the order by August 31, 2005, but proposes to issue
any such order on or before March 31, 2006. As a result, distribution
or sale of existing stocks of end-use products, pursuant to the 2002
MOA, will also be extended to March 31, 2006. EPA is proposing
September 30, 2006, as a stop use date for existing stocks of these
end-use products to avoid difficulties and confusion to growers that
could result from a mid-use-season existing stocks date. The existing
stocks dates proposed in this notice for end-use products are
compatible with those established for the corresponding manufacturing-
use products in the order to amend manufacturing-use registrations
published elsewhere in this Federal Register.
If the request for use termination is granted, the Agency intends
to publish the cancellation order in the Federal Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: August 11, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 05-16295 Filed 8-16-05; 8:45 am]
BILLING CODE 6560-50-S