Azinphos-methyl; Notice of Receipt of Requests to Terminate Uses and Voluntarily Cancel Pesticide Registrations, 44511-44514 [E7-15245]
Download as PDF
<![CDATA[
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Notices
Determination describing the regulatory
action which the Administrator has
selected. The Special Review process,
which was previously called the
Rebuttable Presumption Against
Registration (RPAR) process, is
described in 40 CFR part 154, published
in the Federal Register of November 27,
1985 (50 FR 49003, 49015; FRL–2914–
6). The purpose of this process is to
determine whether some or all
registrations of a particular active
ingredient or ingredients meet the
FIFRA standard for registration, or
whether amendment of the terms and
conditions of registration or cancellation
of portions or all of the registrations is
appropriate.
Prior to formal initiation of a Special
Review, a preliminary notification is
sent to registrants and applicants for
registration pursuant to 40 CFR 154.21
announcing that the Agency is
considering commencing a Special
Review. Registrants and applicants for
registration are allowed 30 days from
receipt of the notification to comment
on the Agency’s proposal to commence
a Special Review.
If the Agency determines, after
issuance of a notification pursuant to 40
CFR 154.21, that it will not conduct a
Special Review, it is required under 40
CFR 154.23 to issue a proposed decision
to be published in the Federal Register.
That regulation requires that a period of
not less than 30 days be provided for
public comment on the Proposed
Decision Not to Initiate a Special
Review. Subsequent to receipt and
evaluation of comments on the
Proposed Decision Not to Initiate a
Special Review, pursuant to 40 CFR
154.25 the Administrator must publish
in the Federal Register his final
decision regarding whether or not to
initiate a Special Review. As discussed
above, the Agency previously published
a notice pursuant to 40 CFR 154.23 for
these compounds, considered public
comments and has decided not to
initiate the Special Review under 40
CFR 154.25(b).
List of Subjects
sroberts on PROD1PC70 with NOTICES
Environmental protection, Pesticides
and pest.
Dated: July 30, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention,
Pesticides and Toxic Substances.
[FR Doc. E7–15109 Filed 8–7–07; 8:45 am]
BILLING CODE 6560–50–S
VerDate Aug<31>2005
19:14 Aug 07, 2007
Jkt 211001
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
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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.
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: https://
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.
DATES:
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
44511
• 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 https://
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 email. 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 email 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 https://
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,
E:\FR\FM\08AUN1.SGM
08AUN1
44512
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Notices
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 https://
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; email address: hall.katie@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.
sroberts on PROD1PC70 with NOTICES
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.
VerDate Aug<31>2005
19:14 Aug 07, 2007
Jkt 211001
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,
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
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
E:\FR\FM\08AUN1.SGM
08AUN1
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Notices
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—Continued
Registration
No.
NJ990010
OH020005
TABLE 1.—AZM PRODUCT REGISTRATIONS WITH PENDING REQUESTS
FOR AMENDMENT AND CANCELLAOR040020
TION
Registration
No.
264-722
264-733
CA800146
Product
name
Company
Guthion
Technical Insecticide
Bayer Crop
Science
Guthion
Solupak
50%
Wettable
Powder
Insecticide
Bayer Crop
Science
Guthion
50%
Wettable
Powder
in
Water
Soluble
Packets
Bayer Crop
Science
Guthion
Solupak
50%
Wettable
Powder
Insecticide
Bayer Crop
Science
TX030011
WA000001
Product
name
44513
TABLE 1.—AZM PRODUCT REGISTRATIONS WITH PENDING REQUESTS
FOR AMENDMENT AND CANCELLATION—Continued
Bayer Crop
Science
Guthion
Solupak
50%
Wettable
Powder
Insecticide
Bayer Crop
Science
Guthion
Solupak
50%
Wettable
Powder
Insecticide
Bayer Crop
Science
Makhteshim
Chemical
Works LTD
CotnionMethyl
Azinphosmethyl
50W
Makhteshim
Agan of
North America Inc.
Gowan
Azinphos-M 50
WSB
Gowan Company
Azinphos
Methyl
Technical
Gowan Company
Azinphos
Methyl
50W
Arysta
Lifescience
Bayer Crop
Science
Guthion
Solupak
50%
Wettable
Powder
Insecticide
Registration
No.
Bayer Crop
Science
Guthion
Solupak
50%
Wettable
Powder
Insecticide
CotnionMethyl
66330-233
Guthion
Solupak
50%
Wettable
Powder
Insecticide
11678-53
10163-95
Bayer Crop
Science
Company
10163-78
Guthion
Solupak
50%
Wettable
Powder
Insecticide
Product
name
66222-11
Company
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
sroberts on PROD1PC70 with NOTICES
VerDate Aug<31>2005
19:14 Aug 07, 2007
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
11678
Makteshim Chemical
Works LTD
c/o Makteshim Agan of
North America
4515 Falls Of Neuse
RD STE 300
Raleigh, NC 27609
66222
Jkt 211001
Bayer Crop Science
P.O. Box 12014
2 T.W. Alexander Drive
Research Triangle Park,
NC 27709
Makteshim-Agan of
North Americal
4515 Falls Of Neuse
RD STE 300
Raleigh, NC 27609
10163
ID000006
WA030025
264
Gowan Company
PO Box 5569
Yuma, AZ 85366-5569
E:\FR\FM\08AUN1.SGM
08AUN1
44514
Federal Register / Vol. 72, No. 152 / Wednesday, August 8, 2007 / Notices
TABLE 2.—REGISTRANTS REQUESTING section 17 of FIFRA may continue until
VOLUNTARY CANCELLATION AND/OR such stocks are depleted.
2. Use. EPA intends to prohibit use of
AMENDMENTS—Continued
EPA Company
No.
66330
Company name and address
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.
sroberts on PROD1PC70 with NOTICES
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
VerDate Aug<31>2005
19:14 Aug 07, 2007
Jkt 211001
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
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2007–0470; FRL–8143–5]
Benzoic Acid Reregistration Eligibility
Decision; Notice of Availability
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
availability of EPA’s Reregistration
Eligibility Decision (RED) for the
pesticide case benzoic acid and opens a
public comment period on this
document. The Agency’s risk
assessments and other related
documents also are available in the
benzoic acid Docket. The Benzoic acid
case contains four benzyl derivative
compounds of which benzyl benzoate
has active registrations. Benzyl benzoate
is an insecticide/miticide used to
control dust mites in carpets,
mattresses, upholstery, and on furniture,
as well as for control of mites on dogs.
EPA has reviewed benzoic acid through
the public participation process that the
Agency uses to involve the public in
developing pesticide reregistration and
tolerance reassessment decisions.
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
Through these programs, EPA is
ensuring that all pesticides meet current
health and safety standards.
DATES: Comments must be received on
or before October 9, 2007.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2007–0470, by
one of the following methods:
• Federal eRulemaking Portal: https://
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–2007–
0470. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
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 email. 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 email 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
E:\FR\FM\08AUN1.SGM
08AUN1
]]>Agencies
[Federal Register Volume 72, Number 152 (Wednesday, August 8, 2007)]
[Notices]
[Pages 44511-44514]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15245]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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
https://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
https://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 https://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: hall.katie@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. 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
