[Federal Register: August 17, 2005 (Volume 70, Number 158)]
[Notices]
[Page 48395-48398]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au05-77]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0061; FRL-7733-2]
Azinphos-methyl; Order to Amend Registrations to Terminate
Certain Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the order to amend registrations to
terminate certain uses, voluntarily requested by the registrants and
accepted by the Agency, of manufacturing-use products containing the
pesticide azinphos-methyl, pursuant to section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This
order follows a February 28, 2005 Federal Register Notice of Receipt of
Requests (70 FR 9644) (FRL-7702-5) from the azinphos-methyl registrants
Bayer CropScience, Gowan Company, and Makhteshim Chemical Works to
amend manufacturing-use product labels to terminate caneberries,
cotton, cranberries, peaches/nectarines, potatoes, and Southern pine
seed orchard uses. These are not the last azinphos-methyl products
registered for use in the United States.
In the February 28, 2005 notice, EPA indicated that it would issue
an order implementing the amendments to terminate uses, unless the
Agency received substantive comments within the 30-day comment period
that would merit its further review of these requests. The Agency
received several substantive comments on the notice. These comments
have been reviewed and taken into consideration in the Agency's
decision to proceed with this termination order, but modify the
previously proposed existing stocks provision. EPA's decision is
discussed in Unit III. of this notice. Accordingly, EPA hereby issues
in this notice an order to amend the subject registrations to terminate
uses. Any distribution, sale, or use of the azinphos-methyl
manufacturing-use products subject to this order is permitted only in
accordance with the terms of this order, including any existing stocks
provisions in Unit VI.
[[Page 48396]]
A companion notice, announcing the receipt of requests to
voluntarily terminate these same uses of azinphos-methyl end-use
products, is being published elsewhere in today's Federal Register. The
proposed existing stocks provision for the end-use products reflects
and is compatible with the modified existing stocks provision for the
manufacturing-use products.
DATES: The cancellations are effective August 17, 2005.
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 identification (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 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. 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.
Once in the system, select ``search,'' then key in the appropriate
docket ID number.
II. What Action is the Agency Taking?
This order amends registrations to terminate certain uses
(caneberries, cotton, cranberries, peaches/nectarines, potatoes, and
Southern pine seed orchards), as requested by the registrants, of
azinphos-methyl manufacturing-use products registered under section 3
of FIFRA. These registrations are listed in sequence by registration
number in Table 1. of this unit.
Table 1.--Azinphos-methyl Product Registration Amendments to Terminate
Uses
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Registration No. Product Name Company
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264-722 Guthion Technical Bayer CropScience
Insecticide
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10163-95 Azinphos-methyl Gowan Company
Technical
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11678-53 Cotnion-Methyl Makhteshim
Chemical Works
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Table 2. of this unit includes the names and addresses of record
for all registrants of the products in Table 1. of this unit, in
sequence by EPA company number.
Table 2.--Registrants of Amended Azinphos-methyl Products
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EPA Company No. Company Name and Address
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264 Bayer CropScience 2 T.W.
Alexander Drive Research
Triangle Park, North
Carolina 27709
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10163 Gowan Company P.O. Box 5569
Yuma, Arizona 85366-5569
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11678 Makhteshim Chemical Works
4515 Falls of Neuse Road,
Suite 300 Raleigh, North
Carolina 27609
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III. Summary of Public Comments Received and Agency Response to
Comments
EPA issued the Interim Reregistration Eligibility Decision (IRED)
for azinphos-methyl in October 2001. In May of 2002, the technical
registrants of azinphos-methyl signed a Memorandum of Agreement
implementing the provisions of the IRED by dividing the universe of
azinphos-methyl uses into three groups. Group 1 contained 23 crops with
little use that were deleted from product labels immediately. Group 2
consists of the seven uses that are the subject of this order, and were
originally scheduled to be phased out in December, 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.
For the azinphos-methyl Group 2 crops, the Agency received comments
and requests to extend these uses from the United States Department of
Agriculture (USDA), the Ohio Farm Bureau, researchers, and commodity
groups on the following azinphos-methyl uses: Caneberries, cotton,
cranberries, peaches/nectarines, potatoes, and Southern pine seed
orchards. A comment was received from the Natural Resources Defense
Council opposing any extension of use on these crops. The requests and
EPA's responses are summarized in this unit. The original comments and
the supporting documents for this order can be found in the electronic
docket for azinphos-methyl at http://www.epa.gov/edocket/.
For caneberries, the Oregon Raspberry and Blackberry Commission and
the Ohio Farm Bureau have requested that EPA eliminate or extend the
December 2005 phase-out of azinphos-methyl use on caneberries. The
request is based on the need to control the raspberry crown
[[Page 48397]]
borer in blackberries and raspberries. Currently, diazinon is the only
alternative for controlling this pest. However, there is concern among
blackberry growers in Oregon that resistance to diazinon by the
raspberry crown borer may occur. They also emphasized that diazinon
application is only allowed once per growing season due to restrictions
stemming from the Diazinon IRED. They further stated that if azinphos-
methyl is removed, growers who face both the raspberry crown borer and
another sporadic pest of caneberries, the raspberry fruitworm, may need
to dedicate the single application of diazinon for fruitworm control.
They claim that in such a situation growers would have no alternative
for the crown borer.
The Agency's review found that azinphos-methyl is currently rotated
with diazinon to reduce the likelihood of resistance in the raspberry
crown borer. EPA believes that resistance is unlikely since the
applications are only made every other year, due to the life-cycle of
this pest. Moreover, carbaryl and spinosad are both labeled for use
against the fruitworm, and the presence of these alternatives should
allow growers to use diazinon in place of azinphos-methyl for crown
borer control. No new pest pressures have developed since EPA's
evaluation of this use in 2001. Therefore, EPA finds insufficient
justification for extending azinphos-methyl use on caneberries.
For cotton, the USDA/Animal and Plant Health Inspection Service
(APHIS) submitted a late request that the azinphos-methyl use be
expanded from the currently labeled use only in Missouri and Texas to
allow use in Alabama, Florida, Georgia, Mississippi, North Carolina,
South Carolina, Tennessee, and Virginia. The USDA/APHIS requested that
ground applications of azinphos-methyl be made only in response to
detections of isolated boll weevil reinfestations in cotton for use
only in conjunction with the USDA Cooperative Boll Weevil Eradication
Program.
This request is beyond the scope of the current action. Use of
azinphos-methyl in additional states would, in effect, constitute a new
and extended use that would need to be evaluated separately, through
the registration process. Therefore, EPA is not extending the azinphos-
methyl use on cotton.
The Cranberry Institute has requested an extension of the phase-out
of azinphos-methyl use on cranberries in Wisconsin for 2-3 years. The
request is based on the need for controlling the cranberry fruitworm.
The Agency has completed an evaluation of the azinphos-methyl use on
cranberries and concluded that the pest situation remains the same as
was considered in EPA's 2001 analysis. There are several other active
ingredients, including acephate, carbaryl, chlorpyrifos, diazinon,
phosmet, methoxyfenozide, and tebufenozide, registered to control the
cranberry fruitworm. Therefore, the Agency finds insufficient
justification for extending azinphos-methyl use on cranberries.
EPA, however, acknowledges the current limitations on the use of
methoxyfenozide in Wisconsin due to concerns for the endangered Karner
Blue butterfly. The Agency is working with stakeholders to better
understand the range and habitat of the butterfly in relation to
cranberry bogs and develop reasonable, crop-specific measures to
protect this species.
For peaches, the Northwest Horticultural Council and researchers
from the University of Georgia and Rutgers University have requested
that EPA eliminate the phase-out of azinphos-methyl use on peaches. The
request is based on the need to control the peach twig borer in the
northwest and lesser peach tree borer (LPTB) in the southeast, and the
Oriental fruit moth and San Jose scale in the northeast. It is claimed
that the LPTB has emerged as a pest since phosmet replaced methyl
parathion in the treatment regimen. The other pests listed were
evaluated in 2001, and are insects with longstanding pest status in the
regions mentioned. Therefore, the Agency focused on the LPTB for
assessing the need for continued use of azinphos-methyl on peaches.
The LPTB was once an insect that was only seen in older or diseased
trees. This pest has begun attacking productive limbs of younger trees
during the growing season as well as overwintering under tree bark. The
increased infestation of the LPTB is a newly reemerging problem which
makes it difficult for crop experts to accurately determine the extent
of the southeastern peach acreage that is affected. It is also not
clear whether azinphos-methyl is the only effective option to control
these infestations. EPA acknowledges the potential for loss due to the
LPTB, however has no evidence to confirm that azinphos-methyl is the
best choice for controlling this pest. Therefore, the Agency finds
insufficient justification for extending azinphos-methyl use on
peaches/nectarines.
For potatoes, the National Potato Council has requested that EPA
allow the continued use of azinphos-methyl on potatoes in the Pacific
Northwest and expand the use to include Colorado and the Mid-Atlantic
region. A request to retain the azinphos-methyl potato use has also
been received from the Washington State Potato Commission. The request
is based on the need to control the Colorado potato beetle (CPB) and a
new pest in the northwest, the tuber moth. The CPB is an insect with
longstanding pest status in the regions mentioned. EPA evaluated CPB in
2001 and found several effective alternative insecticides available.
Therefore, the Agency focused on the tuber moth for assessing the need
for continued use of azinphos-methyl on potatoes.
The pest spectrum has changed since 2001, with the introduction of
the potato tuber moth into the Pacific Northwest. However, the Agency
finds that effective controls other than azinphos-methyl, including
methamidaphos, methomyl and esfenvalerate, are available. Further,
usage data indicate that use of azinphos-methyl on potatoes in recent
years has been minimal.
The USDA submitted a request to extend the use of azinphos-methyl
on Southern pine seed orchards on behalf of the Seed Orchard Pest
Management Subcommittee of the Southern Forest Tree Improvement
Committee. The request is for use of azinphos-methyl against coneworms
and seedbugs, a complex of moth and ``true bug'' species that attack
flowers and seeds. The pest spectrum has not changed since azinphos-
methyl was evaluated in 2001.
Synthetic pyrethroids are an alternative, although increase
reliance on use may increase other pest populations or foster
resistance development in the target pests. However, pyrethroids are
effective control agents for the short term. In addition, there are
other promising alternatives, including indoxacarb, thiamethoxam, and
tebufenozide, that, if registered for these uses, would pose less risks
to workers and the environment. Therefore, the Agency finds
insufficient justification for extending azinphos-methyl use on
Southern pine seed orchards.
For these reasons, the Agency does not believe that the comments
submitted during the comment period merit any substantial extension of
azinphos-methyl use or denial of the requests for voluntary use
termination. However, section III.A.2. of the 2002 Memorandum of
Agreement allows for extension of sale and distribution of existing
stocks of manufacturer use products (MUPs) by an equal period of time
if EPA issues the termination order after March 31, 2005. Thus, the
Agency will be extending the existing stocks for four and a half months
and will be
[[Page 48398]]
including use in that extension as well as sale and distribution. The
Agency intends to propose extending the use of existing stocks of end-
use products through the end of the growing/application season, that
being September 30, 2006.
IV. Use Termination Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations and amendments to terminate uses of azinphos-methyl
registrations identified in Table 1. of Unit II. Accordingly, the
Agency orders that the azinphos-methyl product registrations identified
in Table 1. of Unit II. are hereby amended to terminate the affected
uses. Any distribution, sale, or use of existing stocks of the products
identified in Table 1. of Unit II. in a manner inconsistent with any of
the Provisions for Disposition of Existing Stocks set forth in Unit VI.
will be considered a violation of FIFRA.
V. 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.
VI. 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 or use termination action. The use termination order
issued in this notice includes the following existing stocks
provisions.
As of the effective date of this order, existing stocks of the
products listed in Table 1. of Unit II., will be permitted to be sold,
distributed, or used until January 31, 2006.
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. 05-16296 Filed 8-16-05; 8:45 am]
BILLING CODE 6560-50-S