[Federal Register Volume 71, Number 111 (Friday, June 9, 2006)]
[Notices]
[Pages 33448-33449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8929]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0061; FRL-8072-9]


Azinphos-methyl and Phosmet Proposed Decisions; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the availability of EPA's proposed re-
evaluation decisions for the pesticides azinphos-methyl and phosmet, 
the grower impact assessments, human health documents, environmental 
fate and effects documents, and other related documents, and opens a 
60-day public comment period. These proposed decisions implement the 
2001 IREDs for these pesticides as well as the 2001 Memorandum of 
Agreement between EPA and the phosmet technical registrants and the 
2002 Memorandum of Agreement between EPA and the azinphos-methyl 
technical registrants. EPA is proposing a schedule to phase out the 
remaining uses of azinphos-methyl and is proposing to lengthen some 
restricted-entry intervals (REIs) and seek additional biomonitoring 
data for the nine time-limited uses of phosmet. EPA is also proposing 
certain additional restrictions on the use of azinphos-methyl and 
phosmet.

DATES: Comments must be received on or before August 8, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0061 for azinphos-methyl, or identified by 
docket identification (ID) number EPA-HQ-OPP-2002-0354 for phosmet, by 
one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only 
accepted during the Docket's normal hours of operation (8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information. The 
Docket telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0061 for azinphos-methyl and to docket ID number EPA-HQ-OPP-2002-
0354 for phosmet. EPA's policy is that all comments received will be 
included in the docket without change and may be made available on-line 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the docket and made 
available on the Internet. If you submit an electronic comment, EPA 
recommends that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index. 
Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the OPP 
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South 
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation 
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The Docket telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Tom Myers, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001;

[[Page 33449]]

telephone number: 703-308-8589, 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, farmworker, 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. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one 
complete version of the comment that includes 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. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What Action is the Agency Taking?

    EPA is making available the proposed decision documents and related 
supporting documents for azinphos-methyl and phosmet.
    In the azinphos-methyl 2001 IRED, and subsequent Memorandum of 
Agreement, the Agency concluded, based on evaluation of the risks and 
benefits of the use of azinphos-methyl, that 35 uses should either be 
immediately canceled or phased out over a four-year period. The 
remaining ten time-limited azinphos-methyl uses (almonds, apples/
crabapples, highbush and lowbush blueberries, Brussels sprouts, 
cherries, nursery stock, parsley, pears, pistachios, and walnuts) were 
eligible for reregistration for a period of four years, after which EPA 
would accept and evaluate applications for renewal of the 
registrations.
    In the phosmet 2001 IRED EPA determined that three uses should be 
canceled and that 33 uses were eligible for reregistration. EPA made a 
time-limited determination for nine uses (apples, crabapples, peaches, 
pears, nectarines, apricots, plums/prunes, grapes, and highbush 
blueberries) and would reconsider those uses in 2006. The IRED provided 
that this reconsideration would involve a determination whether the 
restricted-entry intervals (REIs) for workers that were imposed as a 
result of the IRED should be maintained indefinitely or whether longer 
``default'' REIs, or other appropriate REIs, should be adopted.
    These IREDs were implemented through Memoranda of Agreements with 
the phosmet and azinphos-methyl technical registrants in 2001 and 2002, 
respectively.
    After consideration of the risks and benefits of these pesticides, 
as provided in the IREDs, EPA is proposing that the remaining uses of 
azinphos-methyl be phased out according to the following schedule: 
almonds, pistachios, walnuts, Brussels sprouts, and nursery stock in 
2007 and apples/crabapples, blueberries, cherries, pears, and parsley 
in 2010. EPA is also proposing certain additional risk-mitigation 
restrictions and activities, including larger buffers, reducing annual 
application rates, and eliminating the few remaining aerial uses.
    EPA is proposing to increase the REIs for most of the nine time-
limited uses of phosmet and to require additional biomonitoring data 
and additional use restrictions.
    The decision documents, including the Agency's supporting rationale 
for these proposed decisions can be found in docket identification 
number EPA-HQ-OPP-2005-0061 for azinphos-methyl, and docket 
identification number EPA-HQ-OPP-2002-0354 for phosmet at http://www.regulations.gov.
    EPA is providing an opportunity, through this notice, for 
interested parties to provide comments and input on the Agency's 
proposed decisions for azinphos-methyl and phosmet.
    Comments should be limited to issues raised by the proposed 
decisions and associated documents. All comments should be submitted 
using the methods in ADDRESSES, and must be received by EPA on or 
before the closing date. Comments will become part of the Agency Docket 
for azinphos-methyl and phosmet.

B. What is the Agency's Authority for Taking this Action?

    EPA is reevaluating these uses of AZM and phosmet pursuant to 
section 3c(5) of FIFRA, which provides, among other things, that the 
EPA Adminstrator shall register a pesticide when its use will not cause 
unreasonable adverse effects on the environment.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: June 5, 2006.
 Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E6-8929 Filed 6-8-06; 8:45 am]
BILLING CODE 6560-50-S