[Federal Register Volume 64, Number 232 (Friday, December 3, 1999)]
[Notices]
[Pages 67899-67902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31350]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-64043; FRL-6394-8]


Azinphos Methyl; Receipt of Requests For Amendments to Delete 
Uses; Request For Cancellation, and Advance Notification of Tolerance 
Revocation and Modifications

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.

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SUMMARY: The companies that hold the pesticide registrations of 
pesticide products containing azinphos methyl (O,O-dimethyl-S-((4-oxo-
1,2,3-benzotriazin 3(4H)-yl)methyl) phosphorodithioate) have asked EPA 
to amend their registrations to delete use on cotton in Louisiana and 
east of the Mississippi River, and on sugarcane, ornamentals (except 
for nursery stocks), Christmas trees, shade trees, and forest trees. 
One company has also asked EPA to cancel some of its registrations of 
pesticide products containing azinphos methyl. Pursuant to section 
6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), EPA is announcing the Agency's receipt of these requests from 
the registrants. The requests to cancel certain uses from the 
registrations are the result of an agreement between EPA and several 
registrants regarding the registration of products containing azinphos 
methyl. Given the potential risks that azinphos methyl use on cotton in 
Louisiana and east of the Mississippi River, sugarcane, ornamentals 
(except for nursery stock), Christmas trees, shade trees, and forest 
trees has on drinking water and ecosystems, EPA intends to grant the 
requested amendments to delete uses. The Agency also intends to grant 
the requested registration cancellations. In addition, EPA plans to 
issue a cancellation order for the deleted uses and the canceled 
registrations at the close of the comment period for this announcement. 
After publication of the cancellation order, any distribution, sale, or 
use of azinphos methyl products will only be permitted if such 
distribution, sale, or use is consistent with the terms of that order.
DATE: Comments on the requested amendments to delete uses and the 
requested registration cancellations must be submitted to the address 
provided below by January 3, 2000.
ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I.C. of the ``SUPPLEMENTARY INFORMATION'' section. To 
ensure proper receipt by EPA, it is imperative that you identify docket 
control number OPP-64043 in the subject line on the first page of your 
response.
 FOR FURTHER INFORMATION CONTACT: By mail: Barry O'Keefe, Special 
Review and Reregistration Division (7508C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460, telephone number: 703-308-8035, e-mail address: 
[email protected].
SUPPLEMENTARY INFORMATION: This announcement consists of five parts. 
The first part contains general information. The second part addresses 
the registrants' requests for amendments to delete uses and for 
voluntary cancellation of registrations. The third part proposes 
existing stock provisions that will be set forth in the cancellation 
order that the Agency intends to issue at the close of the comment 
period for this announcement. The fourth part provides advance 
notification of tolerance revocation and modifications the Agency 
intends to propose. And the fifth part sets forth the Agency's import 
tolerance guidance.

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture, 
sell, distribute, or use azinphos methyl products. The Congressional 
Review Act, 5 U.S.C. 801 et seq., as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, does not apply because 
this action is not a rule, for purposes of 5 U.S.C. 804(3). If you have 
any questions regarding the applicability of this action to a 
particular entity, consult the technical person listed in the ``FOR 
FURTHER INFORMATION CONTACT'' section.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain copies of this document and 
certain other available support documents from the EPA Internet Home 
Page at http://www.epa.gov/. You may access this document by selecting 
``Laws and Regulations'' on EPA's Home Page and then looking up the 
entry for this document under the ``Federal Register - Environmental 
Documents.'' You can also go directly to the ``Federal Register'' 
listings at  http://www.epa.gov/fedrgstr/. To access information about 
the risk assessment for azinphos methyl, go to the Home Page for the 
Office of Pesticide Programs or go directly http://www/epa.gov/
oppsrrd1/op/azm.htm.
    2. In person. The Agency has established an official record for 
this action under docket control number [OPP-64043]. The official 
record consists of the documents specifically referenced in this 
action, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as confidential business information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Highway, 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is 703-305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number [OPP-64043] in the subject line on 
the first page of your response.

[[Page 67900]]

    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA. The PIRIB is open from 8 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is 703-305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: ``[email protected],'' or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in Wordperfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by the docket control number 34161. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI That I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI 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. 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 version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person identified in the ``FOR FURTHER INFORMATION 
CONTACT'' section.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    \ Explain your views as clearly as possible.
    \ Describe any assumptions that you used.
    \ Provide copies of any technical information and/or data you used 
that support your views.
    \ If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    \ Provide specific examples to illustrate your concerns.
    \ Make sure to submit your comments by the deadline in this 
announcement.
    \ To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Receipt of Requests to Delete Uses And to Cancel Registrations

A. Requests for Amendments to Delete Uses

    In a memorandum of agreement (``Agreement'') effective August 2, 
1999, EPA and a number of registrants of products containing azinphos 
methyl agreed to several voluntary measures to reduce the dietary, 
agricultural worker, and ecosystem risks associated with azinphos 
methyl exposure. EPA initiated the negotiations with registrants after 
azinphos methyl, as currently registered, was found to pose an 
unacceptable dietary risk to children ages 1 to 6 years old, risks of 
concern to agricultural workers, and unacceptable risks to birds, 
aquatic invertebrates, fish, and terrestrial mammals. As part of the 
Agreement, the signatory registrants, among other things, agreed to 
reduce application rates on pome fruit, to cap production of azinphos 
methyl products available in the United States, and to take a number of 
steps to reduce worker exposure. The signatory registrants also agreed 
to delete the use of azinphos methyl products on cotton in Louisiana 
and east of the Mississippi River, sugarcane, ornamentals (except for 
nursery stocks), Christmas trees, shade trees, and forest trees. In 
return, EPA agreed not to initiate any cancellation or suspension 
proceedings under section 6(b) or 6(c) of FIFRA to achieve the risk 
reduction measures set forth in the Agreement.
    In order to delete azinphos methyl use on cotton in Louisiana and 
east of the Mississippi River, sugarcane, ornamentals (except for 
nursery stocks), Christmas trees, shade trees, and forest trees, the 
signatory registrants have submitted requests to amend their 
registrations of pesticide products containing azinphos methyl to 
delete such uses pursuant to section 6(f)(1)(A) of FIFRA. In addition, 
a registrant that did not sign the Agreement has also submitted a 
request to amend its registrations of pesticide products containing 
azinphos methyl to delete such uses. The registrations for which 
amendments were requested are identified in the following Table 1.

                                Table 1.--Registrations With Requested Amendments
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                    Company                        Reg. No                  Product                    SLNs
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Bayer Corporation..............................     3125-108  85% Technical
  .............................................     3125-102  22.2% Emulsifiable Concentrate
  .............................................     3125-301  50% Wettable Powder                     NJ94000300
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Makhteshim Chemical Works, Ltd.................      11678-4  85% Technical
  .............................................     11678-53  85% Formulation Intermediate
 
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Makhteshim-Agan of North America, Inc..........     66222-11  50% Wettable Powder
  .............................................     66222-12  22.1% Emulsifiable Concentrate
  .............................................     66222-16  22.1% Emulsifiable Concentrate
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Gowan Company..................................     10163-78  50% Wettable Powder                     AZ94000800
  .............................................     10163-80  22.2% Emulsifiable Concentrate
  .............................................     10163-95  85% Technical
  .............................................    10163-138  35% Wettable Powder
  .............................................    10163-139  35% Wettable Powder

[[Page 67901]]

 
  .............................................    10163-180  50% PVA (Water Soluble Bags)
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Micro-Flo Corporation..........................     51036-76  22.2% Emulsifiable Concentrate          AZ99000500
 
  .............................................    51036-130  35% Wettable Powder                     AZ99000500
 
  .............................................    51036-164  50% Water Dispensable Granules          AZ99000500
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Platte Chemical Company........................    34704-691  22.2% Emulsifiable Concentrate
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    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be amended to delete one or 
more pesticide uses. Section 6(f)(1)(B) of FIFRA requires that EPA 
provide a 30-day period in which the public may comment before the 
Agency may act on the request for voluntary cancellation. However, such 
comment period may be waived upon a registrant's request. In addition, 
section 6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment 
period on a request for voluntary 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 registrants have requested that EPA 
waive the 180-day comment period. In light of this request, EPA is 
granting the request to waive the 180-day comment period and is 
providing a 30-day public comment period before taking action on the 
requested amendments to delete uses.
    As part of the Agreement negotiated with the registrants, the 
registrants agreed to relabel all stocks of azinphos methyl products 
that are under their control by December 1, 1999. Any distribution or 
sale of existing stocks of azinphos-methyl products by the registrants 
will be unlawful after December 1, 1999. Any distribution or sale of 
such stocks by persons other than the registrants will be unlawful 
after December 31, 1999. Given the potential risks that azinphos methyl 
use on cotton in Louisiana and east of the Mississippi River, 
sugarcane, ornamentals (except nursery stock), Christmas trees, shade 
trees, and forest trees has on drinking water and ecosystems, EPA 
intends to grant the requested amendments to delete uses at the close 
of the comment period for this announcement.

B. Request for Voluntary Cancellation

    In addition to requesting amendments to delete uses, one registrant 
has submitted a request for voluntary cancellation of some of its 
registrations of pesticide products containing azinphos methyl. The 
registrations for which cancellation was requested are identified in 
the following Table 2.

                               Table 2.--Registrations With Cancellation Requests
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                    Company                         Reg. No                  Product                   SLNs
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Micro-Flo Corporation.........................                  22.2% Emulsifiable Concentrate        TX89001100
 
  ............................................       51036-205  50% Wettable Powder
 
  ............................................       51036-207  22.2% Emulsifiable Concentrate
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    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that EPA cancel any of their pesticide registrations. The 
registrant has requested that EPA waive any applicable comment periods 
before taking action on its request for cancellation. In light of this 
request, EPA is granting the request to waive the 180-day comment 
period and is providing a 30-day public comment period before taking 
action on the requested cancellations. Given the potential risks that 
azinphos methyl use poses, EPA intends to grant the requested 
cancellations at the close of the comment period for this announcement.

III. Proposed Existing Stocks Provisions

    The registrants have requested voluntary amendment of the azinphos 
methyl registrations identified in Table 1 and voluntary cancellation 
of the azinphos methyl registrations identified in Table 2. Pursuant to 
section 6(f) of FIFRA, EPA intends to grant the requests for voluntary 
amendment and cancellation. For purposes of the cancellation order that 
the Agency intends to issue at the close of the comment period for this 
announcement, the term ``existing stocks'' will be defined, pursuant to 
EPA's existing stocks policy at 56 FR 29362, Wednesday, June 26, 1991, 
as those stocks of a registered pesticide product which are currently 
in the United States and which have been packaged, labeled, and 
released for shipment prior to the effective date of the amendment or 
cancellation. Any distribution, sale, or use of existing stocks after 
the effective date of the cancellation order that the Agency intends to 
issue that is not consistent with the terms of that order will be 
considered a violation of section 12(a)(2)(K) and /or 12(a)(1)(A) of 
FIFRA.

A. Distribution or Sale by Registrants

    Unless existing stocks of products identified in Table 1 are 
relabeled in a manner consistent with the Agreement, the distribution 
or sale of such stocks by registrants will not be lawful under FIFRA 
after December 31, 1999, except for the purposes of returns and 
relabeling, shipping such stocks for export consistent with the 
requirements of section 17 of FIFRA, or for proper disposal. In 
addition, the distribution or sale of existing stocks of products 
identified in Table 2 by registrants will not be lawful under FIFRA 
after December 31, 1999, except for the purposes of shipping such 
stocks for export consistent with the requirements of section 17 of 
FIFRA or for proper disposal.

B. Distribution or Sale by Other Persons

    Unless existing stocks of products identified in Table 1 are 
relabeled in a

[[Page 67902]]

manner consistent with the Agreement, the distribution or sale of such 
stocks by persons other than registrants will not be lawful under FIFRA 
after December 31, 1999, except for the purposes of returns and 
relabeling, shipping such stocks for export consistent with the 
requirements of section 17 of FIFRA, or for proper disposal. The 
distribution or sale of existing stocks of products identified in Table 
2 by persons other than registrants will not be lawful under FIFRA 
after December 31, 1999, except for the purposes of shipping such 
stocks for export consistent with the requirements of section 17 of 
FIFRA or for proper disposal.

C. Use of Existing Stocks

    The use of existing stocks of products identified in Tables 1 and 2 
on cotton in Louisiana and east of the Mississippi River, sugarcane, 
ornamentals (except nursery stock), Christmas trees, shade trees, and 
forest trees will be lawful under FIFRA until stocks are depleted 
provided that the use is in accordance with either the directions for 
use contained in the Agreement or the existing labeling of that 
product.

IV. Notification of Intent to Revoke Tolerances

    This document also serves to give notice that the Agency intends to 
propose to revoke the tolerance found in 40 CFR 180.154 for residues of 
azinphos-methyl in or on sugarcane with a revocation/expiration date of 
June 30, 2000. Accordingly, the Agency will issue such a proposed rule 
to be published in the Federal Register. In the August 2, 1999, 
Agreement, the registrants agreed to cancel the use of azinphos methyl 
products on sugarcane. The Agreement states that azinphos methyl 
manufacturing-use products may not be reformulated for use on 
sugarcane, and that end-use product labels intended for use in the 2000 
growing season shall not have sugarcane listed as a use site in the 
directions for use section.
    In addition, this document serves to give notice that the Agency 
intends to propose to lower tolerances found in 40 CFR 180.154 for 
residues of azinphos-methyl in or on apples, crabapples, cranberries, 
grapes, pears, and quinces. The Agency will issue such a proposed rule 
to be published in the Federal Register. In the August 2, 1999, 
Agreement, the registrants agreed to submit a petition requesting 
specific tolerance modifications for these fruits to be effective 
January 1, 2000. The Agency has received such a petition and intends to 
lower these tolerances to help reduce acute dietary risks that 
currently exceed the margins of safety deemed acceptable by the Agency.

 V. Import Tolerance Guidance

    The Agency recognizes that interested parties may want to retain a 
tolerance in the absence of a U.S. registration, to allow legal 
importation of food into the United States. To assure that all food 
marketed in the United States is safe, under the FFDCA, EPA may require 
the same technical chemistry and toxicology data for such import 
tolerances (tolerances without related U.S. registrations) as required 
to support U.S. food use registrations and any resulting tolerances. In 
addition, EPA may require residue chemistry data (crop field trials) 
that are representative of growing conditions in exporting countries in 
the same manner that the Agency requires representative residue 
chemistry data from different U.S. regions to support domestic use of 
the pesticides and the tolerance. Interested parties should contact the 
Agency for written guidance on adapting U.S. residue chemistry data 
requirements to non-U.S. growing conditions in order to support an 
import tolerance.

List of Subjects

    Environmental protection, Memorandum of Agreement, Pesticides and 
pests.

    Dated: November 23, 1999.

Lois Rossi,

Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 99-31350 Filed 11-30-99; 3:02 pm]
BILLING CODE 6560-50-P