[Federal Register Volume 72, Number 152 (Wednesday, August 8, 2007)]
[Notices]
[Pages 44511-44514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15245]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0061; FRL-8134-7]


Azinphos-methyl; Notice of Receipt of Requests to Terminate Uses 
and Voluntarily Cancel 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), EPA is issuing a notice of 
receipt of requests by the registrants to amend their registrations to 
terminate certain uses of products containing the pesticide azinphos-
methyl (AZM) and to cancel their registrations by September 30, 2012. 
The requests would terminate AZM use on Brussels sprouts and nursery 
stock not sooner than the later of September 30, 2007 or 90 days from 
the date EPA approves draft labeling submitted by the registrants; 
terminate AZM use on walnuts, almonds, and pistachios by October 30, 
2009; and cancel all AZM products by September 30, 2012. The 
cancellation requests would serve to terminate the five uses of AZM 
(apples, pears, cherries, blueberries and parsley) remaining in 2012. 
The registrants have conditioned these requests on EPA making certain 
determinations regarding AZM, including a determination, by not later 
than November 11, 2011, regarding the availability of AZM alternatives. 
EPA intends to grant these requests at the close of the comment period 
for this announcement unless the Agency receives substantive comments 
within the comment period that would merit its further review of the 
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 acting upon 
these requests.

DATES: Comments must be received on or before September 7, 2007.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0061, 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 
Bldg.), 2777 S. Crystal Dr., 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 Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0061. 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 
available in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 
Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov web 
site to view the docket index or access available documents. 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,

[[Page 44512]]

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 Bldg.), 2777 S. Crystal Dr., 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 
Facility telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Katie Hall, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0166; fax 
number: (703) 308-8090; 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. 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 on the Receipt of Requests to Cancel and/or Amend 
Registrations to Delete Uses

    AZM is an organophosphate insecticide that was first registered in 
the United States in 1959. It is currently used on apples, blueberries, 
cherries, pears, parsley, Brussels sprouts, nursery stock, almonds, 
walnuts, and pistachios. On November 16, 2006, EPA issued a 
determination that the farm worker and ecological risks of AZM require 
the phaseout of all remaining AZM uses by 2012. In conjunction with 
that determination, in letters dated November 15, 2006, November 16, 
2006, November 17, 2006, and November 24, 2006, Bayer CropScience, 
Arysta LifeScience, Makhteshim Agan of North America, Inc., and Gowan 
Company, respectively, requested that EPA terminate certain uses in 
2007 and 2009 and cancel all affected product registrations in 2012 
(identified in Table 1 of this notice), subject to certain terms and 
conditions. Specifically they requested the deletion of the Brussels 
sprouts and nursery stock uses from their registrations not sooner than 
the later of September 30, 2007 or 90 days from the date EPA approves 
draft labeling submitted by the registrants; deletion of the walnut, 
almond, and pistachio uses not sooner than October 30, 2009; and the 
cancellation of all AZM registrations (thereby ending AZM use on 
apples, pears, cherries, blueberries, and parsley) not sooner than 
September 30, 2012.
    Other terms and conditions described in the letters include:
    1. A condition that the requests for termination of use and 
voluntary cancellation shall not be made effective until EPA conducts 
an independent scientific review of a submission from the registrants 
requesting reconsideration of EPA's decision to maintain an inter-
species uncertainty factor in its risk assessment of AZM for 
agricultural workers; and
    2. A condition that the requests for voluntary cancellation of all 
AZM products shall not become effective unless
    i. EPA holds at least one public meeting to obtain views regarding 
the continued need for access to AZM prior to July 1, 2011; and
    ii. EPA makes a determination not later than November 1, 2011 for 
the remaining uses of AZM whether to conduct a risk-benefit analysis 
for AZM prior to the cancellation of these uses.
    If the actions described above result in the retention of any AZM 
use beyond the stop-use date (as provided in the existing stocks 
provisions below and in appendix A of the November 16, 2006 Final 
Decisions for the Remaining Uses of Azinphos-methyl), the registrants 
may request that product labeling be amended consistent with the terms 
of such actions and EPA shall grant any amendment that is consistent 
with such actions and the provisions of 40 CFR part 156.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of requests from registrants 
to terminate uses and cancel all AZM product registrations. The 
affected products and the registrants making the requests are 
identified in Tables 1 and 2 of this unit. EPA believes this is the 
complete list of all such products; however, the registrants' requests 
extend to all AZM products irrespective of whether they are 
specifically listed in the tables below.
    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

[[Page 44513]]

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 AZM 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 
that warrant further review of this request, an order will be issued 
amending and canceling the affected registrations.

 Table 1.--AZM Product Registrations with Pending Requests for Amendment
                            and Cancellation
------------------------------------------------------------------------
        Registration No.             Product name           Company
------------------------------------------------------------------------
264-722                           Guthion Technical   Bayer Crop Science
                                   Insecticide
------------------------------------------------------------------------
264-733                           Guthion Solupak     Bayer Crop Science
                                   50% Wettable
                                   Powder
                                   Insecticide
------------------------------------------------------------------------
CA800146                          Guthion 50%         Bayer Crop Science
                                   Wettable Powder
                                   in Water Soluble
                                   Packets
------------------------------------------------------------------------
ID000006                          Guthion Solupak     Bayer Crop Science
                                   50% Wettable
                                   Powder
                                   Insecticide
------------------------------------------------------------------------
NJ990010                          Guthion Solupak     Bayer Crop Science
                                   50% Wettable
                                   Powder
                                   Insecticide
------------------------------------------------------------------------
OH020005                          Guthion Solupak     Bayer Crop Science
                                   50% Wettable
                                   Powder
                                   Insecticide
------------------------------------------------------------------------
OR040020                          Guthion Solupak     Bayer Crop Science
                                   50% Wettable
                                   Powder
                                   Insecticide
------------------------------------------------------------------------
TX030011                          Guthion Solupak     Bayer Crop Science
                                   50% Wettable
                                   Powder
                                   Insecticide
------------------------------------------------------------------------
WA000001                          Guthion Solupak     Bayer Crop Science
                                   50% Wettable
                                   Powder
                                   Insecticide
------------------------------------------------------------------------
WA030025                          Guthion Solupak     Bayer Crop Science
                                   50% Wettable
                                   Powder
                                   Insecticide
------------------------------------------------------------------------
11678-53                          Cotnion-Methyl      Makhteshim
                                                       Chemical Works
                                                       LTD
------------------------------------------------------------------------
66222-11                          Cotnion-Methyl      Makhteshim Agan of
                                   Azinphos-methyl     North America
                                   50W                 Inc.
------------------------------------------------------------------------
10163-78                          Gowan Azinphos-M    Gowan Company
                                   50 WSB
------------------------------------------------------------------------
10163-95                          Azinphos Methyl     Gowan Company
                                   Technical
------------------------------------------------------------------------
66330-233                         Azinphos Methyl     Arysta Lifescience
                                   50W
------------------------------------------------------------------------

    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 Voluntary Cancellation and/or
                               Amendments
------------------------------------------------------------------------
              EPA Company No.                 Company name and address
------------------------------------------------------------------------
264                                         Bayer Crop Science
                                            P.O. Box 12014
                                            2 T.W. Alexander Drive
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------
11678                                       Makteshim Chemical Works LTD
                                            c/o Makteshim Agan of North
                                             America
                                            4515 Falls Of Neuse RD STE
                                             300
                                            Raleigh, NC 27609
------------------------------------------------------------------------
66222                                       Makteshim-Agan of North
                                             Americal
                                            4515 Falls Of Neuse RD STE
                                             300
                                            Raleigh, NC 27609
------------------------------------------------------------------------
10163                                       Gowan Company
                                            PO Box 5569
                                            Yuma, AZ 85366-5569
------------------------------------------------------------------------

[[Page 44514]]

 
66330                                       Arysta Lifescience North
                                             America Corporation
                                            15401 Weston Parkway, Suite
                                             150
                                            Cary, NC 27513
------------------------------------------------------------------------

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

    For purposes of this notice, EPA considers existing stocks to be 
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. These provisions are consistent with the 
requests for use deletions and requests for voluntary cancellations 
outlined in Unit II. of this notice:
    1. Distribution or sale. i. EPA intends to prohibit distribution or 
sale of products bearing the Brussels sprouts and nursery stock uses 
not sooner than the later of September 30, 2007 or 90 days from the 
date EPA approves draft labeling submitted by the registrants, except 
that sale or distribution of products bearing these uses for the 
purposes of proper disposal, reformulation, relabeling, or export 
consistent with section 17 of FIFRA may continue until such stocks are 
depleted.
    ii. For products bearing all other uses, EPA intends to prohibit 
distribution or sale of such products after September 30, 2012 except 
that sale or distribution of such products for the purposes of proper 
disposal, reformulation, relabeling, or export consistent with section 
17 of FIFRA may continue until such stocks are depleted.
    2. Use. EPA intends to prohibit use of the subject products on:
    i. Brussels sprouts and nursery stock after September 30, 2007 or 
90 days from the date EPA approves draft labeling submitted by the 
registrants;
    ii. Walnuts, almonds, and pistachios after October 30, 2009; and
    iii. All remaining uses (apples, pears, cherries, blueberries and 
parsley) after September 30, 2012.
The stop use dates for the uses listed in items ii. and iii. above will 
also be reflected on amended product labeling. Any use of existing 
stocks must be consistent with the directions for use on product 
labeling. If the request for voluntary cancellation and 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: July 31, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E7-15245 Filed 8-7-07; 8:45 am]
BILLING CODE 6560-50-S