[Federal Register Volume 70, Number 38 (Monday, February 28, 2005)]
[Notices]
[Pages 9644-9647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3733]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0061; FRL-7702-5]


Azinphos-methyl; Notice of Receipt of Requests to Voluntarily 
Cancel or to Amend to Terminate Uses of Certain Pesticide Registrations

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 by the technical registrants to amend 
their registrations to terminate uses of certain products containing 
the pesticide azinphos-methyl. The requests would terminate azinphos-
methyl use in or on caneberries, cotton, cranberries, nectarines, 
peaches, potatoes, and southern pine seed orchards. EPA intends to 
grant these requests at the close of the comment period for this 
announcement unless, based on substantive comments received during the 
comment period or other relevant information, the Agency determines 
that the requests merit further review. Upon granting these requests, 
any sale, distribution, or use of products listed in this notice will 
be permitted only if such sale, distribution, or use is consistent with 
the terms as described in the final order.

DATES: Comments, identified by docket identification (ID) number OPP-
2005-0061, must be received on or before March 30, 2005.

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: 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: [email protected].

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 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 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

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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 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-2005-0061. 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-2005-0061. 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-2005-0061.
    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, 1801 S. Bell St., Arlington, VA, Attention: Docket ID 
Number OPP-2005-0061. 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 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 your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
ID number in the subject line on the first page of your response. It 
would also be helpful if you provided the name, date, and Federal 
Register citation related to your comments.

II. Background on the Receipt of Requests to Cancel and/or Amend 
Registrations to Delete Uses

    This notice announces receipt by EPA of requests from registrants 
Bayer

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CropScience, Gowan Company, and Makhteshim Agan of North America, Inc., 
to amend technical labels to terminate caneberries, cotton, 
cranberries, nectarines, peaches, potatoes, and southern pine seed 
orchards uses from EPA Reg. No. 264-722 (Bayer CropScience), 10163-95 
(Gowan Company), and 11678-53 (Makhteshim Agan of North America, Inc.) 
azinphos-methyl registrations. The Interim Reregistration Eligibility 
Decision (IRED) for azinphos-methyl was issued in October 2001, and 
included a determination that AZM uses should be canceled, phased out, 
or, in some instances, allowed to continue under time-limited 
registrations. Azinphos-methyl is an organophosphate insecticide first 
registered in 1959, and is widely used in agriculture on orchard 
fruits, berries, nuts, and other crops. During the development of the 
IRED, EPA evaluated the risks and benefits associated with azinphos-
methyl use, considered all relevant risk mitigation options and 
implemented a variety of mitigation measures, including reductions in 
the rate and frequency of applications and precautionary labeling to 
reduce risks. Despite these mitigation measures, azinphos-methyl use 
poses residual worker and ecological risks of concern. The technical 
registrants of azinphos-methyl entered into a Memorandum of Agreement 
(MOA) signed on May 23, 2002. The MOA divided the crops into three 
groups: Group 1, Voluntary Use Deletions; Group 2, Phase-out of use on 
caneberries, cotton, cranberries, nectarines, peaches, potatoes, and 
southern pine seed orchards for end use products by December 31, 2005; 
and Group 3, Time-limited Registrations on almonds; apples; crab 
apples; blueberries, lowbush and highbush; brussel sprouts; sweet and 
tart cherries; nursery stock; parsley; pears; pistachios; and walnuts. 
Group 3 uses are scheduled to be re-evaluated by October 31, 2005.
    EPA has received comments and requests to extend uses from the U.S. 
Department of Agriculture, researchers, and commodity groups on the 
following azinphos-methyl uses that are being proposed for voluntary 
cancellation: Caneberries, cranberries, peaches, potatoes, and southern 
pine seed orchards. The Agency intends to evaluate these requests along 
with other comments that are received from this notice, and publish a 
response in the Federal Register after the close of the 30-day comment 
period.
    In letters dated January 3, 2005, and February 3, 2005, and 
February 18, 2005, Bayer CropScience, Gowan Company, and Makhteshim 
Agan of North America, Inc., requested that EPA amend the affected 
technical registrations to terminate uses of the azinphos-methyl 
identified in this notice in Tables 1 and 2 of Unit III. In accordance 
with the MOA and section 6(f) of FIFRA, this notice announces receipt 
of requests to terminate uses on the crops listed in Group 2. EPA 
intends to re-evaluate the risks and benefits associated with azinphos-
methyl use on the time-limited crops listed in Group 3 by October 31, 
2005.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of requests from registrants 
to amend the technical registrations to terminate uses of azinphos-
methyl on caneberries, cotton, cranberries, nectarines, peaches, 
potatoes, and southern pine seed orchards. The affected products and 
the registrants making the requests are identified in Tables 1 and 2 of 
of this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be canceled or amended to 
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA 
requires that before acting on a request for voluntary cancellation, 
EPA must provide a 30-day public comment period on the request for 
voluntary cancellation or use termination. In addition, section 
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period 
on a request for voluntary cancellation or 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 azinphos-methyl registrants have requested that EPA waive the 
180-day comment period. EPA will provide a 30-day comment period on the 
proposed requests.
    Unless the Agency determines that there are substantive comments or 
issues that warrant further review of this request, an order will be 
issued amending the affected registrations.

                                   Table 1.--Azinphos-methyl Product Registrations with Pending Requests for Amendment
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                        Registration No.                                        Product name                                  Company
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264-722                                                                     Guthion Technical Insecticide                              Bayer CropScience
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    Table 2 of this unit includes the names and addresses of record for 
the registrants of the products listed in Table 1 of this unit.

                       Table 2.--Registrants Requesting Termination of Uses and Amendments
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              EPA Company No.                                     Company name and address
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264                                                                                            Bayer CropScience
                                                                                             2T.W. Alexander Dr.
                                                                                Research Triangle Park, NC 27709
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                                                                                             Yuma, AZ 85366-5569
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                                                                                      551 Fifth Ave., Suite 1100
                                                                                              New York, NY 10176
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IV. 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.

V. 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 action.
    In any order issued in response to these requests for amendments to 
terminate uses, the Agency proposes to include the following provisions 
for the treatment of any existing stocks of the products identified or 
referenced in Table 1 of Unit III. In accordance with the MOA, the 
sale, distribution, and use of existing stocks of these products in the 
United States are permitted until August 31, 2005.
    If the request for use termination is granted, the Agency intends 
to publish the cancellation order in the Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: February 22, 2005.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 05-3733 Filed 2-25-05; 8:45 am]
BILLING CODE 6560-50-S