[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]


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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.

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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 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