[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)] [Notices] [Pages 35812-35815] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-16890] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [OPP-64033; FRL 5724-7] Notice of Receipt of Requests for Amendments to Terminate the Use of Methamidophos on All Crops Except Cotton and Potatoes, and to Cancel All Methamidophos 24(c) Food-Use Registrations Not Labeled for Use on Tomatoes Only 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 for amendment by Bayer Corporation and Valent USA, the sole U.S. registrants of the insecticide methamidophos, to terminate the use of methamidophos on all agricultural crops except cotton and potatoes by deleting uses from all methamidophos FIFRA section 3 registrations, and to cancel all section 24(c) food-use registrations not labeled for use on tomatoes only. DATES: Public comment on this notice, in order to be considered, must be received by August 1, 1997. Unless EPA publishes a notice in the Federal Register modifying this notice, EPA will approve these use terminations and product cancellations and make them effective on December 29, 1997, subject to the existing stocks provision specified herein. ADDRESSES: By mail, submit comments to the Public Information and Records Integrity Branch, Information Resources and Services Division (7506C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., [[Page 35813]] Washington, DC 20460. In person, deliver comments to Rm. 1132, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA. Comments and data may also be submitted electronically by following the instructions under Unit IV of this document. No Confidential Business Information (CBI) should be submitted through e-mail. FOR FURTHER INFORMATION CONTACT: By mail: Jeff Morris, Special Review Branch, Special Review and Reregistration Division (7508W), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location, telephone number and e-mail: Special Review Branch, 3rd floor, 2800 Crystal Drive, Arlington, VA, (703) 308-8029; e-mail: [email protected]. SUPPLEMENTARY INFORMATION: I. Introduction 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 cancelled or amended to terminate one or more uses. The Act further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register and provide for a 30-day public comment period. Thereafter, the Administrator of EPA may approve such a request, unless the Administrator determines, in the case of a pesticide that is registered for a minor agricultural use, that the cancellation or termination of uses would adversely affect the availability of the pesticide for use. If such a determination is made, unless certain exceptions apply, the Administrator may not approve or reject a request until 180 days have passed from the date of publication in the Federal Register of the notice of receipt. Methamidophos is registered for minor agricultural uses that are affected by the request to terminate uses and cancel registrations. II. Background EPA conducted an occupational risk assessment that estimated risks associated with short and intermediate-term exposures of agricultural workers to methamidophos. The assessment indicated that the risks to workers of acute exposure exceeded EPA's level of concern. In addition to the risk assessment, EPA had California and nationwide human incident data indicating acute worker exposure incidents associated with methamidophos use. EPA met with Bayer and Valent, the sole U.S. methamidophos registrants, on August 1, 1996, to present EPA's concerns and discuss voluntary measures to reduce risk. At the meeting, the registrants proposed the use terminations and product cancellations announced in this notice, as well as other measures including additional spray drift language, a phase-in of closed mixing and loading systems, and participation in industry-wide education efforts. III. Intent to Terminate Uses and Cancel Registrations This notice announces receipt of the methamidophos registrants' requests to terminate uses and cancel registrations under sections 3 and 24(c) of FIFRA, and provides notice of EPA's intent to accept those requests. In letters dated November 12, 1996, and February 21, 1997, Bayer and Valent requested that their FIFRA section 3 registrations be amended to terminate (by use deletion) the use of methamidophos on broccoli, brussels sprouts, cabbage, cauliflower, celery, and sugar beets, and that their section 24(c) registrations labeled for melons, cucumbers, lettuce, alfalfa, bermuda grass, peppers, clover, and eggplant be cancelled, leaving tomatoes as the only remaining food use with methamidophos 24(c) registrations. The registrations for which the registrants have requested use terminations and product cancellations are listed in the following table: Table 1. -- Methamidophos Registrations with Requests for Amendments to Terminate Uses or Cancel Certain Pesticide Registrations ---------------------------------------------------------------------------------------------------------------- Terminate from Label/Cancel Registration No. Poduct Name Action Requested Registration ---------------------------------------------------------------------------------------------------------------- 3125-280............... Monitor 4 Insecticide Terminate Uses broccoli, brussels sprouts, cabbage, cauliflower, celery, sugar beets 569639-56.............. Monitor 4 Spray Terminate Uses broccoli, brussels sprouts, cabbage, cauliflower, celery, sugar beets AZ89002000............. Monitor 4 Spray Cancel Registration alfalfa, seed crop; bermuda grass, seed crop AZ82001300............. Monitor 4 L.I. do. alfalfa, seed crop; bermuda grass, seed crop CA83006400............. Monitor 4 L.I. do. alfalfa, seed crop; clover, seed crop AZ93000500............. Monitor 4 Spray do. head lettuce, crisp head types only FL89000600............. Monitor 4 Spray do. head lettuce, crisp head types only AZ90001100............. Monitor 4 L.I. do. head lettuce, crisp head types only CA80018600............. Monitor 4 L.I. do. head lettuce, crisp head types only FL81001200............. Monitor 4 L.I. do. head lettuce, crisp head types only AZ93000600............. Monitor 4 Spray do. melons FL89001100............. Monitor 4 Spray do. melons LA91001100............. Monitor 4 Spray do. melons TX89000800............. Monitor 4 Spray do. melons CA88002100............. Monitor 4 L.I. do. melons FL81003400............. Monitor 4 L.I. do. melons GA90000400............. Monitor 4 L.I. do. melons, cucumbers LA91000900............. Monitor 4 L.I. do. melons, cucumbers TX84002000............. Monitor 4 L.I. do. melons FL89001200............. Monitor 4 Spray do. cucumbers GA90000500............. Monitor 4 Spray do. cucumbers, melons [[Page 35814]] LA91001000............. Monitor 4 Spray do. cucumbers FL81000900............. Monitor 4 L.I. do. cucumbers FL89001000............. Monitor 4 Spray do. eggplant GA90000100............. Monitor 4 L.I. Delete Eggplant Use Only eggplant GA86000400............. Monitor 4 Spray Delete Eggplant Use Only eggplant FL81003300............. Monitor 4 Spray Cancel Registration eggplant FL89001300............. Monitor 4 Spray do. cabbage CA84021800............. Monitor 4 L.I. do. celery CA87001400............. Monitor 4 L.I. do. roses FL89001400............. Monitor 4 Spray do. lettuce; Boston, bibb, romaine, and leaf FL92001200............. Monitor 4 L.I. do. lettuce; Boston, bibb, romaine, and leaf FL96001300............. Monitor 4 L.I. do. peppers FL96000300............. Monitor 4 Spray do. peppers GA93000600............. Monitor 4 L.I. do. peppers GA93000700............. Monitor 4 Spray do. peppers LA91001200............. Monitor 4 Spray do. peppers TX89000700............. Monitor 4 Spray do. peppers CA88002000............. Monitor 4 L.I. do. peppers LA91000700............. Monitor 4 L.I. do. peppers NM82000800............. Monitor 4 L.I. do. peppers TX82001900............. Monitor 4 L.I. do. peppers ---------------------------------------------------------------------------------------------------------------- IV. Public Comment Procedures EPA invites interested persons to submit written comments in response to this notice of receipt of requests to terminate uses and cancel registrations. Comments, to be considered, must be received by August 1, 1997. Comments must bear a notation indicating the document control number. Three copies of the comments should be submitted to either location listed under ``ADDRESSES'' at the beginning of this notice. Information submitted as a comment concerning this notice may be claimed confidential by marking any part or all of that information as CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. A copy of the comment that does not contain CBI must be submitted for inclusion in the public record. Information not marked confidential may be disclosed publicly by EPA without prior notice. All written comments will be available for public inspection in Rm. 1132, at the address given above, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding holidays. V. Public Record The official record for this notice, as well as the public version, has been established for this notice under docket number [OPP-64033] (including comments and data submitted electronically as described below). A public version of this record, including printed, paper versions of electronic comments, which does not include any information claimed as CBI, is available for inspection from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The official notice record is located at the address in ``ADDRESSES'' at the beginning of this document. Electronic comments can be sent directly to EPA at: [email protected] Electronic comments must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. Comment and data will also be accepted on disks in Wordperfect 5.1 file format or ASCII file format. All comments and data in electronic form must be identified by the docket number [OPP-64033]. Electronic comments on this notice may be filed online at many Federal Depository Libraries. VI. Existing Stocks For the purposes of this notice, existing stocks will be defined as those stocks of methamidophos products with EPA registration numbers 3125-280 and 59639-56 not labeled for potatoes and cotton only, and Special Local Need (24c) food-use registrations not labeled for use on tomatoes only, that were packaged, labeled, and/or released for shipment prior to December 31, 1997. After December 31, 1997, methamidophos registrants may not sell or distribute existing stocks of cancelled methamidophos products or methamidophos products containing the terminated uses, and dealers and distributors may not sell any quantity of cancelled methamidophos products, or methamidophos products containing the terminated uses, to end users. End users may use existing stocks until such stocks are exhausted. VII. Proposed Use Termination and Registration Cancellation Order The registrants' request for use terminations and product cancellations will be accepted and will take effect on [[Page 35815]] December 29, 1997, subject to the above-noted existing stocks provision, unless EPA publishes a notice in the Federal Register modifying this proposed order. List of Subjects Environmental protection, Agricultural commodities, Pesticides and pests. Dated: June 16, 1997. Jack E. Housenger, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. 97-16890 Filed 7-1-97; 8:45 am] BILLING CODE 6560-50-F