[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Notices]
[Pages 48392-48395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16295]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0061; FRL-7733-3]


Azinphos-methyl; Notice of Receipt of Requests to Voluntarily 
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 registrants to amend their 
registrations to terminate certain uses of end-use products containing 
the pesticide azinphos-methyl. The requests would terminate azinphos-
methyl use in or on caneberries, cotton, cranberries, peaches/
nectarines, potatoes, and Southern pine seed orchards. EPA intends to 
grant these requests at the close of the comment period for this notice 
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. A companion notice, 
announcing the order to amend registrations of azinphos-methyl 
manufacturing-use products to terminate these same uses, is published 
elsewhere in this Federal Register. The existing stocks provision 
proposed in this notice for end-use products reflects and is compatible 
with the modified schedule for terminating uses on the manufacturing-
use products.

DATES: Comments must be received on or before September 16, 2005.

ADDRESSES: Comments, identified by docket identification (ID) number 
OPP-2005-0061, 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,

[[Page 48393]]

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 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.

[[Page 48394]]

    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 Amend Registrations to 
Terminate Uses

    This notice announces receipt by EPA of requests from registrants 
Bayer CropScience, Gowan Company, Makhteshim Chemical Works, and 
Microflo Company to amend azinphos-methyl end-use product labels to 
terminate use on caneberries, cotton, cranberries, peaches/nectarines, 
potatoes, and Southern pine seed orchards from the registrations listed 
in Table 1. of Unit III.
    Azinphos-methyl is an organophosphate insecticide first registered 
in 1959, and is used in agriculture on berries, nuts, orchard fruits, 
and other crops. The Interim Reregistration Eligibility Decision (IRED) 
for azinphos-methyl was issued in October 2001. The notice of 
availability of the interim risk management decision documents was 
published in the Federal Register issue of November 28, 2001 (66 FR 
59419) (FRL-6813-9). 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, calculated risks to workers and the environment 
from azinphos-methyl use still indicated potential concerns. The 
technical registrants of azinphos-methyl entered into a Memorandum of 
Agreement (MOA) with EPA that was signed on May 23, 2002. The MOA 
implemented the IRED decision by dividing the universe of azinphos-
methyl uses into three groups. Group 1 contained 23 crops with little 
usage that were deleted immediately. Group 2 consists of the 7 uses 
that are the subject of this notice: Caneberries, cotton, cranberries, 
peaches/nectarines, potatoes, and Southern pine seed orchards which 
were to be phased-out by December 31, 2005. Group 3 is comprised of 10 
uses which have time-limited registrations pending the submission and 
evaluation of biomonitoring, product efficacy, and other data. Group 3 
includes: Almonds; apples; blueberries, lowbush and highbush; brussel 
sprouts; cherries, sweet and tart; crab apples; nursery stock; parsley; 
pears; pistachios; and walnuts.
    EPA published in the Federal Register issue of February 28, 2005 
(70 FR 9644) (FRL-7702-5) a notice that announced the receipt of 
requests to terminate use of azinphos-methyl on the Group 2 crops 
listed in this unit on manufacturing-use products. EPA received 
comments and requests to extend these uses from the U.S. Department of 
Agriculture (USDA), Ohio Farm Bureau, researchers, and commodity 
groups. EPA has evaluated these requests along with other comments 
received in response to the February 28, 2005 notice. The order to 
amend manufacturing-use product registrations to terminate Group 2 uses 
is published elsewhere in this Federal Register.
    In letters dated May 5, 2005, May 27, 2005, May 31, 2005, and June 
16, 2005, Bayer CropScience, Gowan Company, and Makhteshim Chemical 
Works, and Microflo Company requested that EPA amend the affected 
registrations to terminate Group 2 uses of azinphos-methyl end-use 
products identified in Tables 1 and 2 of Unit III.

III. What Action is the Agency Taking?

    In accordance with the 2002 MOA and section 6(f) of FIFRA, this 
notice announces receipt by EPA of requests from registrants to amend 
to terminate uses of azinphos-methyl end-use product registrations. The 
affected products and the registrants making the requests are 
identified in Tables 1 and 2 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 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. Thereafter, following the public comment period, the 
Administrator may approve such a 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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264-733                           Guithion Solupak    Bayer Cropscience
                                   50%
                                  Wettable Powder
                                   Insecticide.
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10163-78                          Gowan Azinphos-M    Gowan Company
10163-138.......................   50 WSB
10163-139.......................  Gowan Azinphos-M
10163-180.......................   35 WP.
                                  Gowan Azinphos-M
                                   35 WSB.
                                  Gowan Azinphos 50
                                   PVA.
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66222-11                          Cotnion-Methyl      Makhteshim
                                  Azinphos-methyl      Chemical Works
                                   50W.
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51036-164                         Azinphos-methyl     Microflo Company
                                   50W
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[[Page 48395]]

    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 Amendments
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            EPA Company No.                  Company name and address
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264                                      Bayer Cropscience
                                         2 T.W. Alexander Dr.
                                         Research Triangle Park, NC
                                          27709
----------------------------------------
10163                                    Gowan Company
                                         P.O. Box 5569
                                         Yuma, AZ 85366-5569
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66222                                    Makhteshim Chemical Works
                                         4515 Falls of Neuse Rd., Suite
                                          300
                                         Raleigh, NC 27609
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51036                                    Microflo Company
                                         530 Oak Court Dr.
                                         Memphis, TN 38117
------------------------------------------------------------------------

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 azinphos-methyl end-use 
products identified in Table 1 of Unit III: The distribution or sale of 
these products is permitted until March 31, 2006. The use of existing 
stocks of these products in the United States is permitted until 
September 30, 2006.
    Section III.B.3. of the 2002 MOA provides for extension of sale and 
distribution of existing stocks of end-use products by an equal period 
of time if EPA issues the termination order after August 31, 2005. EPA 
will not be issuing the order by August 31, 2005, but proposes to issue 
any such order on or before March 31, 2006. As a result, distribution 
or sale of existing stocks of end-use products, pursuant to the 2002 
MOA, will also be extended to March 31, 2006. EPA is proposing 
September 30, 2006, as a stop use date for existing stocks of these 
end-use products to avoid difficulties and confusion to growers that 
could result from a mid-use-season existing stocks date. The existing 
stocks dates proposed in this notice for end-use products are 
compatible with those established for the corresponding manufacturing-
use products in the order to amend manufacturing-use registrations 
published elsewhere in this Federal Register.
    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: August 11, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 05-16295 Filed 8-16-05; 8:45 am]
BILLING CODE 6560-50-S