Azinphos-methyl; Product Cancellation Order and Amendments to Terminate Uses, 9328-9330 [E8-3112]
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Dated: February 12, 2008.
Anthony F. Maciorowski,
Deputy Director, EPA Science Advisory Board
Staff Office.
[FR Doc. E8–3115 Filed 2–19–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2005–0061; FRL–8349–8]
Azinphos-methyl; Product Cancellation
Order and Amendments to Terminate
Uses
Environmental Protection
Agency (EPA).
ACTION: Notice.
rwilkins on PROD1PC63 with NOTICES
AGENCY:
SUMMARY: This notice publishes EPA’s
order for the cancellations and
amendments to terminate uses,
voluntarily requested by the registrants
VerDate Aug<31>2005
16:47 Feb 19, 2008
Jkt 214001
and accepted by the Agency, of products
containing the pesticide azinphosmethyl (AZM), pursuant to section
6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), as amended. This cancellation
order follows an August 8, 2007 Federal
Register Notice of Receipt of Requests
from the AZM registrants to voluntarily
cancel and amend to terminate uses of
all their AZM product registrations by
September 30, 2012. Subject to the
terms and conditions described in Unit
II below and except as provided in the
existing stocks provisions of the
cancellation order, the order terminates
distribution, sale and use of AZM
products labeled for use on Brussels
sprouts and nursery stock effective as of
today’s date; and prohibits use of such
products on Brussels spouts and nursery
stock effective September 30, 2008;
terminates AZM use on walnuts,
almonds, and pistachios effective
October 30, 2009; and cancels all AZM
products effective September 30, 2012.
The cancellation of AZM products
serves to terminate the six remaining
uses of AZM (apples, pears, cherries,
blueberries, alkali bee beds, and parsley)
on September 30, 2012. All distribution,
sale and use of such products will be
prohibited as of that date except as
provided in the existing stocks order of
the notice. While the alkali bee bed use
was not specifically identified in the
registrants’ voluntary cancellation
requests, the registrants requested
cancellation of all AZM products, which
includes products labeled for the bee
bed use. These are the last AZM
products registered for use in the United
States. In the August 8, 2007 notice,
EPA indicated that it would issue an
order implementing the cancellations
and amendments to terminate uses,
unless the Agency received substantive
comments within the 30–day comment
period that would merit its further
review of these requests. The Agency
did not receive any comments on the
notice. Accordingly, EPA hereby issues
in this notice a cancellation order
granting the requested cancellations and
amendments to terminate uses. Any
distribution, sale, or use of the AZM
products subject to this cancellation
order is permitted only in accordance
with the terms of this order, including
any existing stocks provisions.
DATES: This order is February 20, 2008.
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; telephone number: (703) 308–
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
8589; fax number: (703) 308–7070; email address: myers.tom@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 (ID) number EPA–HQ–
OPP–2005–0061. 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 Office of
Pesticide Programs (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.
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?
This notice announces the
cancellation and amendments to
terminate uses, as requested by
registrants, of all end-use and
manufacturing-use AZM products
registered under section 3 and 24(c) of
FIFRA. At the request of EPA, the AZM
registrants requested that EPA terminate
certain uses in 2007 and 2009 and
cancel all remaining AZM 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
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Federal Register / Vol. 73, No. 34 / Wednesday, February 20, 2008 / Notices
labeling submitted by the registrants
(draft labeling was approved on August
14, 2007); 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, alkali bee
beds, and parsley) not sooner than
September 30, 2012. Other terms and
conditions 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. EPA has
conducted this review and provided its
response to the registrants.
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 (EPA has thus far held
a series of public meetings under the
auspices of the Pesticide Program
Dialogue Committee regarding the need
for AZM and issues related to the
transition to alternatives); 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,
and, if it so determines, conducts such
analysis not later than July 1, 2012.
If the actions described above result
in the retention of any AZM use beyond
the stop-use date (as provided in the
existing stock provisions below and in
appendix A of the November 16, 2006
Final Decisions for the Remaining Uses
for 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.
Affected registrations are listed in
sequence by registration number in
Table 1 of this unit. EPA believes this
is the complete list of all such products;
however, because the registrants
requested cancellation of all AZM
products, the cancellation order and
amendment to terminate uses extend to
all AZM products held by these
registrants irrespective of whether the
products are specifically listed in the
tables below.
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16:47 Feb 19, 2008
Jkt 214001
TABLE 1.—AZM PRODUCT
CANCELLATIONS
EPA Registration Number
Product Name
264-722
Guthion Solupak 50%
Wettable Powder in
Water Soluble Packets
264-733
Guthion Solupak 50%
Wettable Powder Insecticide
10163-78
Azinphos-methyl Technical
11678-53
Cotnion-Methyl Azinphosmethyl 50W
66330-233
Azinphos-methyl 50W
ID000006
Guthion Solupak 50%
Wettable Powder Insecticide
NJ990010
TABLE 2.—REGISTRANTS OF CANCELLED AND/OR AMENDED AZM
PRODUCTS
Cotnion-Methyl
66222-11
WA030035 (both registered only for
alkali bee bed use) are subject to
existing stocks provisions as listed in
Unit IV.2. of this notice.
Gowan Azinphos-M 50
WSB
10163-95
OH020005
9329
EPA Company
Number
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
Guthion Solupak 50%
Wettable Powder Insecticide
Makteshim-Agan of North
America
4515 Falls of Neuse RD
STE 300
Raleigh, NC 27609
10163
Guthion Solupak 50%
Wettable Powder Insecticide
Gowan Company
PO Box 5569
Yuma, AZ 85366-5569
66330
Arysta Lifescience North
America Corporation
15401 Weston Parkway,
Suite 150
Cary, NC 27513
OR040020
Guthion Solupak 50%
Wettable Powder Insecticide
TX030011
Guthion Solupak 50%
Wettable Powder Insecticide
III. Summary of Public Comments
Received and Agency Response to
Comments
WA000001
Guthion Solupak 50%
Wettable Powder Insecticide
WA030035
Guthion Solupak 50%
Wettable Powder Insecticide
During the public comment period
provided, EPA received no comments in
response to the August 8, 2007 Federal
Register notice (72 FR 44511) (FRL–
8134–7) announcing the Agency’s
receipt of the requests for voluntary
cancellations and amendments to
terminate uses of AZM.
Table 2 of this unit includes the
names and addresses of record for all
registrants of the products in Table 1 of
this unit, in sequence by EPA company
number. Please note, Guthion Technical
Insecticide (264-722) was transferred to
Makhteshim Chemical Works LTD
(11678-70) in October 2007, and
Guthion Solupak 50% Wettable Powder
Insecticide (264-733) was transferred to
Makteshim-Agan of North America
(66222-162) in October 2007. In
addition, the following Special Local
Need registrations will be cancelled
immediately upon publication of this
notice: ID000006, NJ990010, OH020005,
TX030011, and WA000001. Special
Local Need registrations OR040020 and
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Sfmt 4703
IV. Cancellation Order
1. Cancellation and amendment.
Pursuant to FIFRA section 6(f), EPA
hereby approves the requested
cancellations and amendments to
terminate uses of AZM registrations
identified in Table 1 of Unit II. and any
other AZM product that may be held by
the registrants listed in Table 2 of Unit
II. Accordingly, subject to the terms and
conditions described in Unit II. of this
notice, the Agency orders that these
AZM product registrations are hereby
canceled and amended as follows:
i. Use of AZM products on Brussels
sprouts and nursery stock is prohibted
as of September 30, 2008.
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Federal Register / Vol. 73, No. 34 / Wednesday, February 20, 2008 / Notices
ii. Use of AZM products on walnuts,
almonds, and pistachios is prohibited
effective October 30, 2009
iii. All AZM products currently held
by any of the registrants listed in Table
2 of Unit II are canceled effective
September 30, 2012. Any distribution,
sale, or use of these products in a
manner inconsistent with this order,
including the provisions in Unit IV.2
regarding the disposition of existing
stocks, will be considered a violation of
section 12(a)(2)(K) and/or 12(a)(1)(A) of
FIFRA.
2. Existing Stocks. For purposes of
this order, the term ‘‘existing stocks’’ is
defined, pursuant to EPA’s existing
stocks policy (56 FR 29362, June 26,
1991) as 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 amendment or cancellation action.
This cancellation order includes the
following existing stocks provisions.
a. Distribution or sale. i. Distribution
or sale of products bearing the Brussels
sprouts and nursery stock uses is
prohibited effective as of February 20,
2008, except for the purposes of proper
disposal, reformulation, relabeling, or
export consistent with section 17 of
FIFRA, which activities may continue
until such stocks are depleted.
ii. Distribution or sale of Special Local
Need registrations OR040020 and
WA030035 bearing the alkali bee beds
use is prohibited after December 31,
2010 except the sale or distribution of
such products for the purposes of
proper disposal, reformulation,
relabeling, or export consistent with
section 17 of FIFRA, which activities
may continue until such stocks are
depleted.
iii. For products bearing all other
uses, distribution or sale of such
products is prohibited after September
30, 2012 except the sale or distribution
of such products for the purposes of
proper disposal, reformulation,
relabeling, or export consistent with
section 17 of FIFRA, which activities
may continue until such stocks are
depleted.
b. Use. i. Use of products on Brussels
sprouts and nursery stock is prohibited
as of February 20, 2008. Labels prohibit
use on almonds, walnuts, and pistachios
after October 30, 2009.
ii. Use of all azinphos methyl
products subject to this notice for any
use is prohibited after September 30,
2012.
Note that the stop use dates for the
uses are also reflected on amended
product labeling. Any use of existing
VerDate Aug<31>2005
16:47 Feb 19, 2008
Jkt 214001
stocks must be consistent with the
directions for use on product labeling.
V. What is the Agency’s Authority for
Taking this Action?
Section 6(f)(1) of FIFRA provides that
a registrant of a pesticide product may
at any time request that any of its
pesticide registrations be canceled or
amended to terminate one or more uses.
FIFRA further provides that, before
acting on the request, EPA must publish
a notice of receipt of any such request
in the Federal Register. Thereafter,
following the public comment period,
the Administrator may approve such a
request.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated:February 12, 2008.
Steven Bradbury,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E8–3112 Filed 2–19–08; 8:45 a.m.]
BILLING CODE 6560–50–S
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission
for Extension Under Delegated
Authority, Comments Requested
February 6, 2008.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501–3520. An
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid control number.
Comments are requested concerning (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
including the use of automated
collection techniques or other forms of
information technology.
DATES: Persons wishing to comment on
this information collection should
submit comments by April 21, 2008. If
you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget (OMB), (202)
395–5887, or via fax at 202–395–5167,
or via the Internet at
Nicholas_A._Fraser@omb.eop.gov and
to Judith-B.Herman@fcc.gov, Federal
Communications Commission (FCC). To
submit your comments by e-mail send
them to: PRA@fcc.gov.
To view a copy of this information
collection request (ICR) submitted to
OMB: (1) Go to the Web page https://
www.reginfo.gov/public/do/PRAMain,
(2) look for the section of the Web page
called ‘‘Currently Under Review’’, (3)
click the downward-pointing arrow in
the ‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box and (6)
when the list of FCC ICRs currently
under review appears, look for the title
of this ICR (or its OMB Control Number,
if there is one) and then click on the ICR
Reference Number to view detailed
information about this ICR.
FOR FURTHER INFORMATION CONTACT: For
additional information, send an e-mail
to Judith B. Herman at 202–418–0214.
SUPPLEMENTARY INFORMATION:
OMB Control No.: 3060–0290.
Title: Section 90.517, Report of
Operation Under Developmental
Authorization.
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents: 10
respondents; 10 responses.
Estimated Time per Response: 2
hours.
Frequency of Response: On occasion
reporting requirement.
Obligation To Respond: Required to
obtain or retain benefits.
Total Annual Burden: 20 hours.
Annual Cost Burden: N/A.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
There is no need for confidentiality.
E:\FR\FM\20FEN1.SGM
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Agencies
[Federal Register Volume 73, Number 34 (Wednesday, February 20, 2008)]
[Notices]
[Pages 9328-9330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3112]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0061; FRL-8349-8]
Azinphos-methyl; Product Cancellation Order and Amendments to
Terminate Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes EPA's order for the cancellations and
amendments to terminate uses, voluntarily requested by the registrants
and accepted by the Agency, of products containing the pesticide
azinphos-methyl (AZM), pursuant to section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This
cancellation order follows an August 8, 2007 Federal Register Notice of
Receipt of Requests from the AZM registrants to voluntarily cancel and
amend to terminate uses of all their AZM product registrations by
September 30, 2012. Subject to the terms and conditions described in
Unit II below and except as provided in the existing stocks provisions
of the cancellation order, the order terminates distribution, sale and
use of AZM products labeled for use on Brussels sprouts and nursery
stock effective as of today's date; and prohibits use of such products
on Brussels spouts and nursery stock effective September 30, 2008;
terminates AZM use on walnuts, almonds, and pistachios effective
October 30, 2009; and cancels all AZM products effective September 30,
2012. The cancellation of AZM products serves to terminate the six
remaining uses of AZM (apples, pears, cherries, blueberries, alkali bee
beds, and parsley) on September 30, 2012. All distribution, sale and
use of such products will be prohibited as of that date except as
provided in the existing stocks order of the notice. While the alkali
bee bed use was not specifically identified in the registrants'
voluntary cancellation requests, the registrants requested cancellation
of all AZM products, which includes products labeled for the bee bed
use. These are the last AZM products registered for use in the United
States. In the August 8, 2007 notice, EPA indicated that it would issue
an order implementing the cancellations and amendments to terminate
uses, unless the Agency received substantive comments within the 30-day
comment period that would merit its further review of these requests.
The Agency did not receive any comments on the notice. Accordingly, EPA
hereby issues in this notice a cancellation order granting the
requested cancellations and amendments to terminate uses. Any
distribution, sale, or use of the AZM products subject to this
cancellation order is permitted only in accordance with the terms of
this order, including any existing stocks provisions.
DATES: This order is February 20, 2008.
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; telephone number: (703) 308-8589; fax
number: (703) 308-7070; e-mail address: myers.tom@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 (ID) number EPA-HQ-OPP-2005-0061. 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 Office of Pesticide Programs (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.
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?
This notice announces the cancellation and amendments to terminate
uses, as requested by registrants, of all end-use and manufacturing-use
AZM products registered under section 3 and 24(c) of FIFRA. At the
request of EPA, the AZM registrants requested that EPA terminate
certain uses in 2007 and 2009 and cancel all remaining AZM 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
[[Page 9329]]
labeling submitted by the registrants (draft labeling was approved on
August 14, 2007); 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, alkali bee beds, and parsley) not sooner than September
30, 2012. Other terms and conditions 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. EPA has conducted this review and provided its
response to the registrants.
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 (EPA has
thus far held a series of public meetings under the auspices of the
Pesticide Program Dialogue Committee regarding the need for AZM and
issues related to the transition to alternatives); 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, and, if it so
determines, conducts such analysis not later than July 1, 2012.
If the actions described above result in the retention of any AZM
use beyond the stop-use date (as provided in the existing stock
provisions below and in appendix A of the November 16, 2006 Final
Decisions for the Remaining Uses for 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.
Affected registrations are listed in sequence by registration
number in Table 1 of this unit. EPA believes this is the complete list
of all such products; however, because the registrants requested
cancellation of all AZM products, the cancellation order and amendment
to terminate uses extend to all AZM products held by these registrants
irrespective of whether the products are specifically listed in the
tables below.
Table 1.--AZM Product Cancellations
------------------------------------------------------------------------
EPA Registration Number Product Name
------------------------------------------------------------------------
264-722 Guthion Solupak 50% Wettable
Powder in Water Soluble
Packets
------------------------------------------------------------------------
264-733 Guthion Solupak 50% Wettable
Powder Insecticide
------------------------------------------------------------------------
10163-78 Gowan Azinphos-M 50 WSB
------------------------------------------------------------------------
10163-95 Azinphos-methyl Technical
------------------------------------------------------------------------
11678-53 Cotnion-Methyl
------------------------------------------------------------------------
66222-11 Cotnion-Methyl Azinphos-
methyl 50W
------------------------------------------------------------------------
66330-233 Azinphos-methyl 50W
------------------------------------------------------------------------
ID000006 Guthion Solupak 50% Wettable
Powder Insecticide
------------------------------------------------------------------------
NJ990010 Guthion Solupak 50% Wettable
Powder Insecticide
------------------------------------------------------------------------
OH020005 Guthion Solupak 50% Wettable
Powder Insecticide
------------------------------------------------------------------------
OR040020 Guthion Solupak 50% Wettable
Powder Insecticide
------------------------------------------------------------------------
TX030011 Guthion Solupak 50% Wettable
Powder Insecticide
------------------------------------------------------------------------
WA000001 Guthion Solupak 50% Wettable
Powder Insecticide
------------------------------------------------------------------------
WA030035 Guthion Solupak 50% Wettable
Powder Insecticide
------------------------------------------------------------------------
Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number. Please note, Guthion Technical Insecticide (264-
722) was transferred to Makhteshim Chemical Works LTD (11678-70) in
October 2007, and Guthion Solupak 50% Wettable Powder Insecticide (264-
733) was transferred to Makteshim-Agan of North America (66222-162) in
October 2007. In addition, the following Special Local Need
registrations will be cancelled immediately upon publication of this
notice: ID000006, NJ990010, OH020005, TX030011, and WA000001. Special
Local Need registrations OR040020 and WA030035 (both registered only
for alkali bee bed use) are subject to existing stocks provisions as
listed in Unit IV.2. of this notice.
Table 2.--Registrants of Cancelled and/or Amended AZM Products
------------------------------------------------------------------------
EPA Company Number Company Name and Address
------------------------------------------------------------------------
264 Bayer Crop Science
P.O. Box 12014
2 T.W. Alexander Drive
Research Triangle Park, NC
27709
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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
America
4515 Falls of Neuse RD STE
300
Raleigh, NC 27609
------------------------------------------------------------------------
10163 Gowan Company
PO Box 5569
Yuma, AZ 85366-5569
------------------------------------------------------------------------
66330 Arysta Lifescience North
America Corporation
15401 Weston Parkway, Suite
150
Cary, NC 27513
------------------------------------------------------------------------
III. Summary of Public Comments Received and Agency Response to
Comments
During the public comment period provided, EPA received no comments
in response to the August 8, 2007 Federal Register notice (72 FR 44511)
(FRL-8134-7) announcing the Agency's receipt of the requests for
voluntary cancellations and amendments to terminate uses of AZM.
IV. Cancellation Order
1. Cancellation and amendment. Pursuant to FIFRA section 6(f), EPA
hereby approves the requested cancellations and amendments to terminate
uses of AZM registrations identified in Table 1 of Unit II. and any
other AZM product that may be held by the registrants listed in Table 2
of Unit II. Accordingly, subject to the terms and conditions described
in Unit II. of this notice, the Agency orders that these AZM product
registrations are hereby canceled and amended as follows:
i. Use of AZM products on Brussels sprouts and nursery stock is
prohibted as of September 30, 2008.
[[Page 9330]]
ii. Use of AZM products on walnuts, almonds, and pistachios is
prohibited effective October 30, 2009
iii. All AZM products currently held by any of the registrants
listed in Table 2 of Unit II are canceled effective September 30, 2012.
Any distribution, sale, or use of these products in a manner
inconsistent with this order, including the provisions in Unit IV.2
regarding the disposition of existing stocks, will be considered a
violation of section 12(a)(2)(K) and/or 12(a)(1)(A) of FIFRA.
2. Existing Stocks. For purposes of this order, the term ``existing
stocks'' is defined, pursuant to EPA's existing stocks policy (56 FR
29362, June 26, 1991) as 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
amendment or cancellation action. This cancellation order includes the
following existing stocks provisions.
a. Distribution or sale. i. Distribution or sale of products
bearing the Brussels sprouts and nursery stock uses is prohibited
effective as of February 20, 2008, except for the purposes of proper
disposal, reformulation, relabeling, or export consistent with section
17 of FIFRA, which activities may continue until such stocks are
depleted.
ii. Distribution or sale of Special Local Need registrations
OR040020 and WA030035 bearing the alkali bee beds use is prohibited
after December 31, 2010 except the sale or distribution of such
products for the purposes of proper disposal, reformulation,
relabeling, or export consistent with section 17 of FIFRA, which
activities may continue until such stocks are depleted.
iii. For products bearing all other uses, distribution or sale of
such products is prohibited after September 30, 2012 except the sale or
distribution of such products for the purposes of proper disposal,
reformulation, relabeling, or export consistent with section 17 of
FIFRA, which activities may continue until such stocks are depleted.
b. Use. i. Use of products on Brussels sprouts and nursery stock is
prohibited as of February 20, 2008. Labels prohibit use on almonds,
walnuts, and pistachios after October 30, 2009.
ii. Use of all azinphos methyl products subject to this notice for
any use is prohibited after September 30, 2012.
Note that the stop use dates for the uses are also reflected on
amended product labeling. Any use of existing stocks must be consistent
with the directions for use on product labeling.
V. What is the Agency's Authority for Taking this Action?
Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.
List of Subjects
Environmental protection, Pesticides and pests.
Dated:February 12, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-3112 Filed 2-19-08; 8:45 a.m.]
BILLING CODE 6560-50-S