[Federal Register Volume 67, Number 189 (Monday, September 30, 2002)]
[Notices]
[Pages 61337-61340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24771]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0247; FRL-7199-6]


Azinphos-Methyl; Receipt of Requests for Amendments to Delete 
Uses

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 amendments by registrants to delete 
uses in certain pesticide registrations. Section 6(f)(1) of FIFRA 
provides that a registrant of a pesticide product may at

[[Page 61338]]

any time request that any of its pesticide registrations be amended to 
delete one or more uses. FIFRA further provides that, before acting on 
the request, EPA must publish a notice of receipt of any request in the 
Federal Register. In addition to announcing the use deletion requests, 
this Federal Register notice announces the Agency's intent to approve 
these requests and the commencement of a 30-day public comment period 
as required by section 6(f)(1) of FIFRA. If the Agency receives no 
comments that alter these requests, it will issue a Cancellation order 
prohibiting these uses from azinphos-methyl product registrations.

DATES: Comments, identified by docket ID number OPP-2002-0247, must be 
received on or before October 30, 2002.
    The deletions will be effective with the issuance of a Cancellation 
order shortly after October 30, 2002, unless the Agency receives 
comments that alter these requests.
    The Agency intends to prohibit all sale, distribution and use of 
existing stocks of manufacturing use products by registrants no later 
than 90-calender days after EPA approves revised labels reflecting the 
use deletions.
    The Agency intends all sales and distributions by registrants of 
existing stocks of end-use products bearing labels with the deleted 
uses no later than 90-calender days after EPA approves revised labels 
reflecting the use deletions. The Agency does not intend to restrict 
the use of end-use products bearing the deleted uses.

ADDRESSES: Comments 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: Veronique LaCapra, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 605-1525; fax 
number: (703) 308-8041; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. Although this 
action may be of particular interest to persons who produce or use 
pesticides, 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 information in this notice, 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-2002-0247. 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, 
1921 Jefferson Davis Hwy., 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, 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

[[Page 61339]]

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-2002-0247. 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 [email protected], 
Attention: Docket ID Number OPP-2002-0247. 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-2002-0247.
    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, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket 
ID Number OPP-2002-0247. 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.
    3. Provide copies of 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 the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
ID 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 
Registercitation.

II. What Action is the Agency Taking?

    This notice announces the amended registration requests by Bayer 
Corporation; Makhteshim Chemical Works, Ltd.; Gowan Company; Micro-Flo 
Corporation; and Platte Chemical Company for the deletion of certain 
uses from their products containing azinphos-methyl. The uses requested 
for deletion are: Alfalfa, beans (succulent and snap), birdsfoot 
trefoil, broccoli, cabbage (including Chinese), cauliflower, celery, 
citrus, clover, cucumbers, eggplant, filberts, grapes, melons 
(honeydew, muskmelon, canteloupe, watermelons, and other melons), 
onions (green and dry bulb), pecans, peppers, plums and dried plums, 
quince, spinach, strawberries, and tomatoes. In addition, the 
registrants waived the 180-day comment period for these use deletions.
    Azinphos-methyl is an organophosphate insecticide registered for 
use on a wide variety of field crops, fruit, nuts, ornamental plants, 
and vegetables.
    On May 22, 2002, Bayer Corporation; Makhteshim Chemical Works, 
Ltd.; Gowan Company; Micro-Flo Corporation; and Platte Chemical Company 
signed a Memorandum of Agreement (MOA) with EPA requesting cancellation 
pursuant to section 6(f) of FIFRA of all their registrations for 
products containing azinphos-methyl and used on the following crops: 
Alfalfa, beans (succulent and snap), birdsfoot trefoil, broccoli, 
cabbage (including Chinese), cauliflower, celery, citrus, clover, 
cucumbers, eggplant, filberts, grapes, melons (honeydew, muskmelon, 
canteloupe, watermelons, and other melons), onions (green and dry 
bulb), pecans, peppers, plums and dried plums, quince, spinach, 
strawberries, and tomatoes. This notice announces EPA's receipt of the 
use deletion requests and a 30-day public comment period to provide 
input regarding the requests. Based on extensive public input on 
azinphos-methyl received during the reregistration public participation 
process, the Agency believes that the impact to growers resulting from 
these use deletions will be minimal. Unless comments appreciably change 
the Agency's understanding of the impacts of the use deletions, it 
intends to accept the use deletion requests.
    Table 1 includes the names and addresses of record for all 
registrants requesting use deletions of azinphos-

[[Page 61340]]

methyl, in ascending sequence by EPA company number.

                  Table 1.--Azinphos-methyl Registrants
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              EPA Company No.                 Company Name and Address
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3125                                        Bayer Corporation
                                            Agricultural Division
                                            8400 Hawthorn Rd.
                                            P.O. Box 4913
                                            Kansas City, MO 64120
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10163                                       Gowan Company
                                            P.O. Box 5569
                                            Yuma, AZ 85366
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11678                                       Makhteshim Chemical Works,
                                             Ltd.
                                            c/o Makhteshim Agan of North
                                             America
                                            551 Fifth Ave., Suite 1100
                                            New York, NY 10176
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34704                                        Platte Chemical Company,
                                             Inc.
                                            419 18\th\ St.
                                            Greeley, CO 80631
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51036                                       Micro-Flo Corporation, LLC
                                            P.O. Box 772099
                                            Memphis, TN 38117
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III. What is the Agency 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 amended to delete 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. Thereafter, the Administrator 
may approve such a request.

IV. Provisions for Disposition of Existing Stocks

    The May 22, 2002, MOA specifies the disposition of existing stocks 
of products bearing any of the uses requested for deletion. If the 
Agency receives no comments that alter its intent to accept these use 
deletion requests, it will issue a Cancellation order with the existing 
stocks provisions discussed in this unit.
    For the purpose of this notice, existing stocks refers to product 
that bears one or more of the uses listed in Unit II.

A. Manufacturing Use Products

    The Agency intends to prohibit all sale, distribution and use of 
existing stocks of manufacturing use products by registrants no later 
than 90-calender days after EPA approves revised labels reflecting the 
use deletions.

B. End Use Products

    The Agency intends to prohibit all sale and distribution by 
registrants of existing stocks of end-use products bearing labels with 
the deleted uses no later than 90-calender days after EPA approves 
revised labels reflecting the use deletions. The Agency does not intend 
to restrict the use of end-use products bearing the deleted uses.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 17, 2002.
Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 02-24771 Filed 9-27-02; 8:45 am]
BILLING CODE 6560-50-S