Azinphos-methyl; Order to Amend Registrations to Terminate Certain Uses, 15731-15732 [E6-4569]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 60 / Wednesday, March 29, 2006 / Notices
hsrobinson on PROD1PC68 with NOTICES
acetochlor in/on raw agricultural
commodities are now considered
reassessed as safe under section 408(q)
of FFDCA, as amended by FQPA.
EPA is applying the principles of
public participation to all pesticides
undergoing reregistration and tolerance
reassessment. The Agency’s Pesticide
Tolerance Reassessment and
Reregistration; Public Participation
Process, published in the Federal
Register on May 14, 2004, (69 FR 26819)
(FRL–7357–9) explains that in
conducting these programs, EPA is
tailoring its public participation process
to be commensurate with the level of
risk, extent of use, complexity of issues,
and degree of public concern associated
with each pesticide. Due to its uses,
risks, and other factors, acetochlor was
reviewed through the modified 4–Phase
public participation process. Through
this process, EPA worked extensively
with stakeholders and the public to
reach the regulatory decisions for
acetochlor.
The tolerance reassessment program
is being conducted under
Congressionally mandated time frames,
and EPA recognizes the need both to
make timely decisions and to involve
the public. Few substantive comments
were received during the earlier
comment period for this pesticide, and
all issues related to this pesticide were
resolved through consultations with
stakeholders. The Agency therefore is
issuing the acetochlor TRED without a
comment period. However, the Agency
is concurrently issuing the cumulative
risk assessment for the chloroacetanilide
group of pesticides, which includes
acetochlor and alachlor, for public
comment (see EPA–HQ–OPP–2006–
0202 in the Notice section of this issue
of the Federal Register).
B. What is the Agency’s Authority for
Taking this Action?
Section 408(q) of the FFDCA, 21
U.S.C. 346a(q), requires EPA to review
tolerances and exemptions for pesticide
residues in effect as of August 2, 1996,
to determine whether the tolerance or
exemption meets the requirements of
section 408(b)(2) or (c)(2) of FFDCA.
This review is to be completed by
August 3, 2006. A tolerance or
exemption meets the requirements of
section 408(b)(2) or (c)(2), respectively,
if ‘‘the Administrator determines the
pesticide chemical residue is safe’’, i.e.,
‘‘that there is a reasonable certainty that
no harm will result from aggregate
exposure to the pesticide chemical
residue, including all anticipated
dietary exposures and all other
exposures for which there is reliable
information.’’ 21 U.S.C.
VerDate Aug<31>2005
15:39 Mar 28, 2006
Jkt 208001
§346a(b)(2)(A),(c)(2)(A). In making this
safety finding, FFDCA requires the
Administrator to consider, among other
factors, ‘‘available information
concerning the cumulative effects of
such residues and other substances that
have a common mechanism of toxicity
. . . .’’ 21 U.S.C. §346a(b)(2)(D)(v),
(c)(2)(B).
Section 4(g)(2) of the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) as amended, requires the
Administrator to make ‘‘a determination
as to the eligibility for reregistration (i)
for all active ingredients subject to
reregistration under this section for
which tolerances or exemptions from
tolerances are required under the
Federal Food, Drug and Cosmetic Act
(21 U.S.C. 301 et seq.), not later than the
last date for tolerance reassessment
established under section 408(q)(1)(C) of
that Act (21 U.S.C. 346a(q)(1)(C))....’’
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: March 21, 2006.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E6–4503 Filed 3–28–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
EPA–HQ–OPP–2005–0061; FRL–7771–4]
Azinphos-methyl; Order to Amend
Registrations to Terminate Certain
Uses
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
order to amend registrations to
terminate certain uses, voluntarily
requested by the registrant(s) and
accepted by the Agency, of end-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 cancellation
order follows an August 17, 2005,
Federal Register Notice of Receipt of
Requests (70 FR 48395) (FRL–7733–3)
from the azinphos-methyl registrants to
amend their product registrations to
terminate certain uses of azinphosmethyl from their product registrations.
In the August 17, 2005 Notice, EPA
indicated that it would issue an order
implementing the amendments to
terminate uses, unless the Agency
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
15731
received substantive comments within
the 60–day comment period that would
merit its further review of these
requests. The Agency received two
comments on the notice. These
comments have been reviewed and
taken into consideration in the Agency’s
decision to proceed with this
termination order, and a response was
sent to each commentor and placed in
the public docket. EPA’s decision is
discussed in Unit III. of this notice. Any
distribution, sale, or use of the
azinphos-methyl products subject to
this cancellation order is permitted only
in accordance with the terms of this
order, including any existing stocks
provisions.
DATES: The cancellations are effective
March 29, 2006.
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; email address: isbell.diane@epa.gov.
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 a
docket for this action under Docket
identification number (ID) EPA–HQ–
OPP–2006–0061; FRL–7771–4. Publicly
available docket materials are available
either electronically at https://
www.regulations.gov or in hard copy 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.
E:\FR\FM\29MRN1.SGM
29MRN1
15732
Federal Register / Vol. 71, No. 60 / Wednesday, March 29, 2006 / Notices
2. Electronic access. You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/.
Table 2 includes the names and
addresses of record for the registrants
that requested use terminations for their
products, in sequence by EPA company
number.
II. What Action is the Agency Taking?
In May of 2002, Bayer CropScience,
Makheteshim Chemical Works, Gowan
Company, and Micro-Flo Corporation
signed a Memorandum of Agreement
with EPA implementing the provisions
of the Azinphos-methyl Interim
Reregistration Eligibility Decision by
dividing the universe of 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 are scheduled
to be phased out in September, 2006.
The Group 2 uses included: caneberries,
cotton, cranberries, peaches/nectarines,
potatoes, and Southern pine seed
orchards. Group 3 is comprised of the
only 10 remaining uses which have
time-limited registrations that are
currently in the process of being
reevaluated. This Order implements the
Agency’s decision on the Group 2 uses
for azinphos-methyl.
Table 1 includes the product
registration numbers, the names of the
products requested to be terminated and
the name of the registrants in sequence
by EPA number.
TABLE 2.— REGISTRANTS OF AMENDED AZINPHOS-METHYL PRODUCTS
TABLE 1.— AZINPHOS-METHYL PRODUCT REGISTRATION AMENDMENTS TO
TERMINATE USES
Registration No.
Product name
Company
264–733
Guthion
Solupak 50%
Wettable
Powder Insecticide
Bayer
Cropscience
Gowan
Azinphos-M
50 WSB
Gowan
Azinphos-M
35 WP
Gowan
Azinphos-M
35 WSB
Gowan
Azinphos 50
PVA
Gowan
Company
11678–53
66222–11
Cotnion-Methyl
Azinphos-methyl 50W
Makhteshim
Chemical
Works
51036–
164
Azinphos-methyl 50W
Microflo
Company
hsrobinson on PROD1PC68 with NOTICES
10163–78
10163–
138
10163–
139
10163–
180
VerDate Aug<31>2005
15:39 Mar 28, 2006
Jkt 208001
EPA Company No.
Company Name and Address
264
Bayer CropScience
2 T.W. Alexander Drive
Research Triangle Park,
North Carolina 27709
10163
Gowan Company
P.O. Box 5569
Yuma, Arizona 85366–5569
11678
66222
Makhteshim Chemical Works
4515 Falls of Neuse Road,
Suite 300
Raleigh, North Carolina
27609
51036
Micro-Flo Corporation, LLC
Oak Court Drive
Memphis, Tennessee 38117
III. Summary of Public Comments
Received and Agency Response to
Comments
During the public comment period
provided, EPA received two comments
in response to the August 17, 2005
Federal Register notice announcing the
Agency’s receipt of the requests to
terminate certain uses of azinphosmethyl. The Agency has responded
individually to each of those comments
and placed copies of the responses in
the public docket.
IV. Cancellation 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 the products identified in
Table 1 of Unit II. in a manner
inconsistent with this order, including
any of the provisions for disposition of
existing stocks set forth below 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.
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
FIFRA further provides that, before
acting on the request, EPA must publish
for public comment a notice of receipt
of any such request in the Federal
Register. Thereafter, following the
public comment period, the
Administrator may act on 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 action.
The Agency proposed to include the
following provisions for the treatment of
any existing stocks of the azinphosmethyl end-use products identified in
Table 1: 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
provided such use is in a manner
consistent with the labeling of these
products.
Section III B 3 of the 2002
Memorandum of Agreement 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.
Distribution or sale of existing stocks of
end-use products, is allowed until
March 31, 2006. Use of these end-use
products is allowed until September 30,
2006, to avoid difficulties and confusion
to growers that could result from a miduse season existing stocks date. The
existing stocks dates in this notice for
end-use products are compatible with
those established for the corresponding
manufacturing-use products.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: March 23, 2006.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E6–4569 Filed 3–28–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2006–0274; FRL–7771–5]
Pesticide Product; Registration
Applications
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
E:\FR\FM\29MRN1.SGM
29MRN1
]]>Agencies
[Federal Register Volume 71, Number 60 (Wednesday, March 29, 2006)]
[Notices]
[Pages 15731-15732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4569]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
EPA-HQ-OPP-2005-0061; FRL-7771-4]
Azinphos-methyl; Order to Amend Registrations to Terminate
Certain Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the order to amend registrations to
terminate certain uses, voluntarily requested by the registrant(s) and
accepted by the Agency, of end-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
cancellation order follows an August 17, 2005, Federal Register Notice
of Receipt of Requests (70 FR 48395) (FRL-7733-3) from the azinphos-
methyl registrants to amend their product registrations to terminate
certain uses of azinphos-methyl from their product registrations. In
the August 17, 2005 Notice, EPA indicated that it would issue an order
implementing the amendments to terminate uses, unless the Agency
received substantive comments within the 60-day comment period that
would merit its further review of these requests. The Agency received
two comments on the notice. These comments have been reviewed and taken
into consideration in the Agency's decision to proceed with this
termination order, and a response was sent to each commentor and placed
in the public docket. EPA's decision is discussed in Unit III. of this
notice. Any distribution, sale, or use of the azinphos-methyl products
subject to this cancellation order is permitted only in accordance with
the terms of this order, including any existing stocks provisions.
DATES: The cancellations are effective March 29, 2006.
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: isbell.diane@epa.gov.
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 a docket for this action under
Docket identification number (ID) EPA-HQ-OPP-2006-0061; FRL-7771-4.
Publicly available docket materials are available either electronically
at https://www.regulations.gov or in hard copy 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.
[[Page 15732]]
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at https://www.epa.gov/fedrgstr/.
II. What Action is the Agency Taking?
In May of 2002, Bayer CropScience, Makheteshim Chemical Works,
Gowan Company, and Micro-Flo Corporation signed a Memorandum of
Agreement with EPA implementing the provisions of the Azinphos-methyl
Interim Reregistration Eligibility Decision by dividing the universe of
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 are scheduled to be
phased out in September, 2006. The Group 2 uses included: caneberries,
cotton, cranberries, peaches/nectarines, potatoes, and Southern pine
seed orchards. Group 3 is comprised of the only 10 remaining uses which
have time-limited registrations that are currently in the process of
being reevaluated. This Order implements the Agency's decision on the
Group 2 uses for azinphos-methyl.
Table 1 includes the product registration numbers, the names of the
products requested to be terminated and the name of the registrants in
sequence by EPA number.
Table 1.-- Azinphos-methyl Product Registration Amendments to Terminate
Uses
------------------------------------------------------------------------
Registration No. Product name Company
------------------------------------------------------------------------
264-733 Guthion Solupak Bayer Cropscience
50% Wettable
Powder
Insecticide
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
11678-53 Cotnion-Methyl Makhteshim
66222-11........................ Azinphos-methyl Chemical Works
50W.
------------------------------------------------------------------------
51036-164 Azinphos-methyl Microflo Company
50W
------------------------------------------------------------------------
Table 2 includes the names and addresses of record for the
registrants that requested use terminations for their products, in
sequence by EPA company number.
Table 2.-- Registrants of Amended Azinphos-methyl Products
------------------------------------------------------------------------
EPA Company No. Company Name and Address
------------------------------------------------------------------------
264 Bayer CropScience
2 T.W. Alexander Drive
Research Triangle Park,
North Carolina 27709
------------------------------------------------------------------------
10163 Gowan Company
P.O. Box 5569
Yuma, Arizona 85366-5569
------------------------------------------------------------------------
11678 Makhteshim Chemical Works
66222..................................... 4515 Falls of Neuse Road,
Suite 300
Raleigh, North Carolina
27609
------------------------------------------------------------------------
51036 Micro-Flo Corporation, LLC
Oak Court Drive
Memphis, Tennessee 38117
------------------------------------------------------------------------
III. Summary of Public Comments Received and Agency Response to
Comments
During the public comment period provided, EPA received two
comments in response to the August 17, 2005 Federal Register notice
announcing the Agency's receipt of the requests to terminate certain
uses of azinphos-methyl. The Agency has responded individually to each
of those comments and placed copies of the responses in the public
docket.
IV. Cancellation 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 the products identified in Table 1 of
Unit II. in a manner inconsistent with this order, including any of the
provisions for disposition of existing stocks set forth below 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 for
public comment a notice of receipt of any such request in the Federal
Register. Thereafter, following the public comment period, the
Administrator may act on 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 action.
The Agency proposed to include the following provisions for the
treatment of any existing stocks of the azinphos-methyl end-use
products identified in Table 1: 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 provided such use is in a manner consistent with the labeling of
these products.
Section III B 3 of the 2002 Memorandum of Agreement 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. Distribution or sale of existing stocks of end-
use products, is allowed until March 31, 2006. Use of these end-use
products is allowed until September 30, 2006, to avoid difficulties and
confusion to growers that could result from a mid-use season existing
stocks date. The existing stocks dates in this notice for end-use
products are compatible with those established for the corresponding
manufacturing-use products.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: March 23, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-4569 Filed 3-28-06; 8:45 am]
BILLING CODE 6560-50-S
