[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Notices]
[Pages 48395-48398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16296]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0061; FRL-7733-2]


Azinphos-methyl; Order to Amend Registrations to Terminate 
Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the order to amend registrations to 
terminate certain uses, voluntarily requested by the registrants and 
accepted by the Agency, of manufacturing-use products containing the 
pesticide azinphos-methyl, pursuant to section 6(f)(1) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This 
order follows a February 28, 2005 Federal Register Notice of Receipt of 
Requests (70 FR 9644) (FRL-7702-5) from the azinphos-methyl registrants 
Bayer CropScience, Gowan Company, and Makhteshim Chemical Works to 
amend manufacturing-use product labels to terminate caneberries, 
cotton, cranberries, peaches/nectarines, potatoes, and Southern pine 
seed orchard uses. These are not the last azinphos-methyl products 
registered for use in the United States.
    In the February 28, 2005 notice, EPA indicated that it would issue 
an order implementing the amendments to terminate uses, unless the 
Agency received substantive comments within the 30-day comment period 
that would merit its further review of these requests. The Agency 
received several substantive comments on the notice. These comments 
have been reviewed and taken into consideration in the Agency's 
decision to proceed with this termination order, but modify the 
previously proposed existing stocks provision. EPA's decision is 
discussed in Unit III. of this notice. Accordingly, EPA hereby issues 
in this notice an order to amend the subject registrations to terminate 
uses. Any distribution, sale, or use of the azinphos-methyl 
manufacturing-use products subject to this order is permitted only in 
accordance with the terms of this order, including any existing stocks 
provisions in Unit VI.

[[Page 48396]]

    A companion notice, announcing the receipt of requests to 
voluntarily terminate these same uses of azinphos-methyl end-use 
products, is being published elsewhere in today's Federal Register. The 
proposed existing stocks provision for the end-use products reflects 
and is compatible with the modified existing stocks provision for the 
manufacturing-use products.

DATES: The cancellations are effective August 17, 2005.

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 identification (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 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. 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. 
Once in the system, select ``search,'' then key in the appropriate 
docket ID number.

II. What Action is the Agency Taking?

    This order amends registrations to terminate certain uses 
(caneberries, cotton, cranberries, peaches/nectarines, potatoes, and 
Southern pine seed orchards), as requested by the registrants, of 
azinphos-methyl manufacturing-use products registered under section 3 
of FIFRA. These registrations are listed in sequence by registration 
number in Table 1. of this unit.

 Table 1.--Azinphos-methyl Product Registration Amendments to Terminate
                                  Uses
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        Registration No.             Product Name           Company
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264-722                           Guthion Technical   Bayer CropScience
                                   Insecticide
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10163-95                          Azinphos-methyl     Gowan Company
                                   Technical
------------------------------------------------------------------------
11678-53                          Cotnion-Methyl      Makhteshim
                                                       Chemical Works
------------------------------------------------------------------------

    Table 2. of this unit includes the names and addresses of record 
for all registrants of the products in Table 1. of this unit, in 
sequence by EPA company number.

        Table 2.--Registrants of Amended Azinphos-methyl Products
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              EPA Company No.                 Company Name and Address
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264                                         Bayer CropScience 2 T.W.
                                             Alexander Drive Research
                                             Triangle Park, North
                                             Carolina 27709
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10163                                       Gowan Company P.O. Box 5569
                                             Yuma, Arizona 85366-5569
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11678                                       Makhteshim Chemical Works
                                             4515 Falls of Neuse Road,
                                             Suite 300 Raleigh, North
                                             Carolina 27609
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    EPA issued the Interim Reregistration Eligibility Decision (IRED) 
for azinphos-methyl in October 2001. In May of 2002, the technical 
registrants of azinphos-methyl signed a Memorandum of Agreement 
implementing the provisions of the IRED by dividing the universe of 
azinphos-methyl uses into three groups. Group 1 contained 23 crops with 
little use that were deleted from product labels immediately. Group 2 
consists of the seven uses that are the subject of this order, and were 
originally scheduled to be phased out in December, 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.
    For the azinphos-methyl Group 2 crops, the Agency received comments 
and requests to extend these uses from the United States Department of 
Agriculture (USDA), the Ohio Farm Bureau, researchers, and commodity 
groups on the following azinphos-methyl uses: Caneberries, cotton, 
cranberries, peaches/nectarines, potatoes, and Southern pine seed 
orchards. A comment was received from the Natural Resources Defense 
Council opposing any extension of use on these crops. The requests and 
EPA's responses are summarized in this unit. The original comments and 
the supporting documents for this order can be found in the electronic 
docket for azinphos-methyl at http://www.epa.gov/edocket/.
    For caneberries, the Oregon Raspberry and Blackberry Commission and 
the Ohio Farm Bureau have requested that EPA eliminate or extend the 
December 2005 phase-out of azinphos-methyl use on caneberries. The 
request is based on the need to control the raspberry crown

[[Page 48397]]

borer in blackberries and raspberries. Currently, diazinon is the only 
alternative for controlling this pest. However, there is concern among 
blackberry growers in Oregon that resistance to diazinon by the 
raspberry crown borer may occur. They also emphasized that diazinon 
application is only allowed once per growing season due to restrictions 
stemming from the Diazinon IRED. They further stated that if azinphos-
methyl is removed, growers who face both the raspberry crown borer and 
another sporadic pest of caneberries, the raspberry fruitworm, may need 
to dedicate the single application of diazinon for fruitworm control. 
They claim that in such a situation growers would have no alternative 
for the crown borer.
    The Agency's review found that azinphos-methyl is currently rotated 
with diazinon to reduce the likelihood of resistance in the raspberry 
crown borer. EPA believes that resistance is unlikely since the 
applications are only made every other year, due to the life-cycle of 
this pest. Moreover, carbaryl and spinosad are both labeled for use 
against the fruitworm, and the presence of these alternatives should 
allow growers to use diazinon in place of azinphos-methyl for crown 
borer control. No new pest pressures have developed since EPA's 
evaluation of this use in 2001. Therefore, EPA finds insufficient 
justification for extending azinphos-methyl use on caneberries.
    For cotton, the USDA/Animal and Plant Health Inspection Service 
(APHIS) submitted a late request that the azinphos-methyl use be 
expanded from the currently labeled use only in Missouri and Texas to 
allow use in Alabama, Florida, Georgia, Mississippi, North Carolina, 
South Carolina, Tennessee, and Virginia. The USDA/APHIS requested that 
ground applications of azinphos-methyl be made only in response to 
detections of isolated boll weevil reinfestations in cotton for use 
only in conjunction with the USDA Cooperative Boll Weevil Eradication 
Program.
    This request is beyond the scope of the current action. Use of 
azinphos-methyl in additional states would, in effect, constitute a new 
and extended use that would need to be evaluated separately, through 
the registration process. Therefore, EPA is not extending the azinphos-
methyl use on cotton.
    The Cranberry Institute has requested an extension of the phase-out 
of azinphos-methyl use on cranberries in Wisconsin for 2-3 years. The 
request is based on the need for controlling the cranberry fruitworm. 
The Agency has completed an evaluation of the azinphos-methyl use on 
cranberries and concluded that the pest situation remains the same as 
was considered in EPA's 2001 analysis. There are several other active 
ingredients, including acephate, carbaryl, chlorpyrifos, diazinon, 
phosmet, methoxyfenozide, and tebufenozide, registered to control the 
cranberry fruitworm. Therefore, the Agency finds insufficient 
justification for extending azinphos-methyl use on cranberries.
    EPA, however, acknowledges the current limitations on the use of 
methoxyfenozide in Wisconsin due to concerns for the endangered Karner 
Blue butterfly. The Agency is working with stakeholders to better 
understand the range and habitat of the butterfly in relation to 
cranberry bogs and develop reasonable, crop-specific measures to 
protect this species.
    For peaches, the Northwest Horticultural Council and researchers 
from the University of Georgia and Rutgers University have requested 
that EPA eliminate the phase-out of azinphos-methyl use on peaches. The 
request is based on the need to control the peach twig borer in the 
northwest and lesser peach tree borer (LPTB) in the southeast, and the 
Oriental fruit moth and San Jose scale in the northeast. It is claimed 
that the LPTB has emerged as a pest since phosmet replaced methyl 
parathion in the treatment regimen. The other pests listed were 
evaluated in 2001, and are insects with longstanding pest status in the 
regions mentioned. Therefore, the Agency focused on the LPTB for 
assessing the need for continued use of azinphos-methyl on peaches.
    The LPTB was once an insect that was only seen in older or diseased 
trees. This pest has begun attacking productive limbs of younger trees 
during the growing season as well as overwintering under tree bark. The 
increased infestation of the LPTB is a newly reemerging problem which 
makes it difficult for crop experts to accurately determine the extent 
of the southeastern peach acreage that is affected. It is also not 
clear whether azinphos-methyl is the only effective option to control 
these infestations. EPA acknowledges the potential for loss due to the 
LPTB, however has no evidence to confirm that azinphos-methyl is the 
best choice for controlling this pest. Therefore, the Agency finds 
insufficient justification for extending azinphos-methyl use on 
peaches/nectarines.
    For potatoes, the National Potato Council has requested that EPA 
allow the continued use of azinphos-methyl on potatoes in the Pacific 
Northwest and expand the use to include Colorado and the Mid-Atlantic 
region. A request to retain the azinphos-methyl potato use has also 
been received from the Washington State Potato Commission. The request 
is based on the need to control the Colorado potato beetle (CPB) and a 
new pest in the northwest, the tuber moth. The CPB is an insect with 
longstanding pest status in the regions mentioned. EPA evaluated CPB in 
2001 and found several effective alternative insecticides available. 
Therefore, the Agency focused on the tuber moth for assessing the need 
for continued use of azinphos-methyl on potatoes.
    The pest spectrum has changed since 2001, with the introduction of 
the potato tuber moth into the Pacific Northwest. However, the Agency 
finds that effective controls other than azinphos-methyl, including 
methamidaphos, methomyl and esfenvalerate, are available. Further, 
usage data indicate that use of azinphos-methyl on potatoes in recent 
years has been minimal.
    The USDA submitted a request to extend the use of azinphos-methyl 
on Southern pine seed orchards on behalf of the Seed Orchard Pest 
Management Subcommittee of the Southern Forest Tree Improvement 
Committee. The request is for use of azinphos-methyl against coneworms 
and seedbugs, a complex of moth and ``true bug'' species that attack 
flowers and seeds. The pest spectrum has not changed since azinphos-
methyl was evaluated in 2001.
    Synthetic pyrethroids are an alternative, although increase 
reliance on use may increase other pest populations or foster 
resistance development in the target pests. However, pyrethroids are 
effective control agents for the short term. In addition, there are 
other promising alternatives, including indoxacarb, thiamethoxam, and 
tebufenozide, that, if registered for these uses, would pose less risks 
to workers and the environment. Therefore, the Agency finds 
insufficient justification for extending azinphos-methyl use on 
Southern pine seed orchards.
    For these reasons, the Agency does not believe that the comments 
submitted during the comment period merit any substantial extension of 
azinphos-methyl use or denial of the requests for voluntary use 
termination. However, section III.A.2. of the 2002 Memorandum of 
Agreement allows for extension of sale and distribution of existing 
stocks of manufacturer use products (MUPs) by an equal period of time 
if EPA issues the termination order after March 31, 2005. Thus, the 
Agency will be extending the existing stocks for four and a half months 
and will be

[[Page 48398]]

including use in that extension as well as sale and distribution. The 
Agency intends to propose extending the use of existing stocks of end-
use products through the end of the growing/application season, that 
being September 30, 2006.

IV. Use Termination Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellations and amendments to terminate uses of azinphos-methyl 
registrations identified in Table 1. of Unit II. Accordingly, the 
Agency orders that the azinphos-methyl product registrations identified 
in Table 1. of Unit II. are hereby amended to terminate the affected 
uses. Any distribution, sale, or use of existing stocks of the products 
identified in Table 1. of Unit II. in a manner inconsistent with any of 
the Provisions for Disposition of Existing Stocks set forth in Unit VI. 
will be considered a violation of FIFRA.

V. 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.

VI. 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 or use termination action. The use termination order 
issued in this notice includes the following existing stocks 
provisions.
    As of the effective date of this order, existing stocks of the 
products listed in Table 1. of Unit II., will be permitted to be sold, 
distributed, or used until January 31, 2006.

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. 05-16296 Filed 8-16-05; 8:45 am]
BILLING CODE 6560-50-S