Azinphos-methyl; Notice of Receipt of Request for Label Amendments, 36202-36204 [E9-17398]
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36202
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
and Cosmetic Act (FFDCA), 21 U.S.C.
346a, proposing the establishment or
modification of regulations in 40 CFR
part 174 or part 180 for residues of
pesticide chemicals in or on various
food commodities. EPA has determined
that the pesticide petitions described in
this notice contain the data or
information prescribed in FFDCA
section 408(d)(2); however, EPA has not
fully evaluated the sufficiency of the
submitted data at this time or whether
the data support granting of the
pesticide petitions. Additional data may
be needed before EPA can make a final
determination on these pesticide
petitions.
Pursuant to 40 CFR 180.7(f), a
summary of each of the petitions that is
the subject of this notice, prepared by
the petitioner, is included in a docket
EPA has created for each rulemaking.
The docket for each of the petitions is
available on-line at https://
www.regulations.gov.
As specified in FFDCA section
408(d)(3), (21 U.S.C. 346a(d)(3)), EPA is
publishing notice of the petition so that
the public has an opportunity to
comment on this request for the
establishment or modification of
regulations for residues of pesticides in
or on food commodities. Further
information on the petition may be
obtained through the petition summary
referenced in this unit.
New Tolerance Exemptions
1. PP 7E7188. (EPA–HQ–OPP–2009–
0407). Sellew and Associates LLC., 84
Shadybrook Lane, Carlisle, MA 01741,
proposes to establish an exemption from
the requirement of a tolerance for
residues of the microbial pesticide,
Trichoderma hamatum Isolate 382, in or
on all food commodities. The petitioner
believes no analytical method is needed
because Sellew and Associates LLC., is
proposing to establish an exemption
from the requirement of a tolerance
without numerical limitation. For this
reason an analytical method for
detecting and measuring levels of the
pesticide residue is considered
unnecessary. Contact: Ann Sibold, (703)
305–6502, sibold.ann@epa.gov.
2. PP 9F7558. (EPA–HQ–OPP–2009–
0440). Technology Sciences Group Inc.,
1150 18th St., NW., Suite 1000,
Washington, DC 20036, acting on behalf
of Biomor Israel Ltd., PO Box 81,
Qatzrin 12900, ISRAEL, proposes to
establish an exemption from the
requirement of a tolerance for residues
of the biochemical pesticide, Tea Tree
Oil, in or on all food commodities. The
petitioner believes no analytical method
is needed because Biomor Israel Ltd., is
proposing to establish an exemption
VerDate Nov<24>2008
16:04 Jul 21, 2009
Jkt 217001
from the requirement of a tolerance
without numerical limitation. For this
reason an analytical method for
detecting and measuring levels of the
pesticide residue is considered
unnecessary. Contact: Raderrio Wilkins,
(703) 308–1259,
wilkins.raderrio@epa.gov.
List of Subjects
Environmental protection,
Agricultural commodities, Feed
additives, Food additives, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: July 15, 2009.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
[FR Doc. E9–17401 Filed 7–21–09; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2009–0365; FRL–8425–4]
Azinphos-methyl; Notice of Receipt of
Request for Label Amendments
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: EPA is seeking public
comment on a June 18, 2009 request by
azinphos-methyl (AZM) registrants to
amend their registrations to change the
rate reductions outlined in the
November 16, 2006 final decision for
some of the remaining uses of AZM, and
to extend the use of aerial application
on blueberries in Michigan through the
end of the AZM phase out in 2012. On
November 16, 2006, EPA issued a final
decision to phase out all uses of AZM
not later than September 30, 2012 and
to require certain interim risk mitigation
measures through label changes. Risk
mitigation measures in the final
decision include buffer zones around
water bodies and occupied structures,
application rate reductions, and
stewardship programs. The request by
the registrants is a request to change
some of the rate reductions and certain
application practices that have been
required through the end of the AZM
phaseout; the registrants have not
requested to extend the use of AZM
beyond the September 30, 2012
cancellation date for the remaining uses
of AZM.
DATES: Comments must be received on
or before September 21, 2009.
ADDRESSES: Submit your comments
identified by the docket identification
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
(ID) number EPA–HQ–OPP–2009–0365,
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
Facility’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
the docket ID number EPA–HQ–OPP–
2009–0365. 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 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
at https://www.regulations.gov. 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
E:\FR\FM\22JYN1.SGM
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Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Notices
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either in the
electronic docket at 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: Tom
Myers, Chemical Review Manager,
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, farm
worker, 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.
jlentini on DSKJ8SOYB1PROD 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
VerDate Nov<24>2008
16:04 Jul 21, 2009
Jkt 217001
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.
currently held by registrants are
cancelled effective September 30, 2012
(ending use on apples/crabapples,
blueberries, cherries, pears, and
parsley). In addition to the
aforementioned use deletions and
product cancellations, the use of AZM
was increasingly limited during the
phase out period through application
rate reductions and other label
restrictions, including buffer zones
around water bodies and occupied
structures. The application rate
reductions required in the AZM Final
Decision document are located in Table
1.
II. Background on the Receipt of
Requests for AZM Label Amendments
AZM is an organophosphate
insecticide that was first registered in
the United States in 1959. On November
16, 2006, EPA issued a determination
that due to farm worker and ecological
risks all remaining uses of AZM will be
phased out by 2012. The AZM
registrants, at the request of EPA,
submitted registration amendment and
voluntary cancellation requests to
terminate certain uses in 2007 and 2009
and cancel all remaining AZM product
registrations in 2012, subject to certain
terms and conditions. A cancellation
order for the remaining uses of AZM
was published in the Federal Register
on February 20, 2008 (73 FR 9328)
(FRL–8349–8). A correction of
typographical errors in the February 20,
2008 Federal Register notice was issued
on March 26, 2008 (73 FR 16006) (FRL–
8355–1). Subject to the terms and
conditions described in Unit II. of the
February 20, 2008 notice, the AZM
product registrations were cancelled
and amended as follows: Use of AZM
products on Brussels sprouts and
nursery stock was prohibited as of
September 30, 2008. Use of AZM
products on walnuts, almonds, and
pistachios is prohibited effective
October 30, 2009. All AZM products
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
TABLE 1.—RATE REDUCTIONS REQUIRED IN THE AZM FINAL DECISION
DOCUMENT, DATED NOVEMBER 16,
2006.
Crop
Apples,
Crabapples
Year
Rate
2.0 lbs ai/A
per year
2011, 2012
1.5 lbs ai/A
per year
2007, 2008
3.0 lbs ai/A
per year
2009, 2010
2.0 lbs ai/A
per year
2011, 2012
1.5 lbs ai/A
per year
2007, 2008,
2009
1.5 lbs ai/A
per year
2010, 2011,
2012
0.75 lbs ai/A
per year
2007
1.5 lbs ai/A
per year
2008, 2009
1.25 lbs ai/A
per year
2010, 2011,
2012
Blueberries
3.0 lbs ai/A
per year
2010
Cherries
4.0 lbs ai/A
per year
2008, 2009
Pears
2007
0.75 lbs ai/A
per year
After September 30, 2009
aerial
application
on
blueberries is prohibited.
The additional label changes required
are described in the document ‘‘Final
Decisions for the Remaining Uses of
Azinphos-methyl, US EPA, November
16, 2006,’’ located in docket EPA–HQ–
OPP–2005–0061.
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Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Notices
III. What Action is the Agency Taking?
This notice announces receipt by EPA
of a request from registrants to amend
registrations to alter the rate reductions
outlined in the November 16, 2006 Final
Decision for the Remaining Uses of
AZM, and to extend the use of aerial
application on blueberries in Michigan
through the end of the AZM phase out.
The registrants have requested that for
apples/crabapples, blueberries, cherries,
and pears that growers be allowed to use
higher applications rates than originally
required in the Final Decision document
of November 16, 2006. Additionally,
registrants have requested that the aerial
use of AZM on blueberries, currently
scheduled to be prohibited starting
January 1, 2010, be allowed through the
end of the phaseout (September 30,
2012). The request by the registrants
would change some of the rate
reductions and certain application
practices that have been required
through the end of the AZM phaseout;
the registrants have not requested to
extend use of AZM beyond the
September 30, 2012 cancellation date
for the remaining uses of AZM. The
changes requested by the registrants are
listed in the Table 2.
TABLE 2.—REQUESTED AZM LABEL
CHANGES AS DESCRIBED IN THE
JUNE 18, 2009 REGISTRANT SUBMISSION
Crop
Year
Rate
Apples,
Crabapples
2010, 2011,
2012
2.0 lbs ai/A
per year
Pears
2010, 2011,
2012
2.0 lbs ai/A
per year
Cherries
2010, 2011,
2012
1.5 lbs ai/A
per year
Blueberries
2010, 2011,
2012
1.0 lbs ai/A
per year
jlentini on DSKJ8SOYB1PROD with NOTICES
Maintain aerial application
on blueberries through
September 30, 2012.
The Agency is requesting comment on
the registrant submission to amend
registrations. The registrant request
letter is in the docket for comment,
along with an EPA-produced document
with considerations for commenters on
the registrant request. The Agency
welcomes comments from all
stakeholders, as well as any new
information on human health or
environmental risks not previously
considered.
VerDate Nov<24>2008
16:04 Jul 21, 2009
Jkt 217001
List of Subjects
Environmental protection, Pesticides
and pests, Azinphos-methyl.
Dated: July 15, 2009.
Richard P. Keigwin, Jr.,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E9–17398 Filed 7–21–09; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2009–0503; FRL–8427–2]
Notice of Receipt of Requests to
Voluntarily Cancel Certain 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), as amended, EPA is issuing a
notice of receipt of requests by
registrants to voluntarily cancel their
registrations of products containing the
pesticides disulfoton and
methamidophos. The requests would
terminate the last disulfoton and
methamidophos products registered for
use in the United States. 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, or unless the registrants
withdraw their requests within this
period. Upon acceptance of these
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.
DATES: Comments must be received on
or before August 21, 2009.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number: Disulfoton – EPA–HQ–OPP–
2009–0054; Methamidophos – EPA–
HQ–OPP–2008–0842, 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.
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’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–2009–
0054 for disulfoton and to docket ID
number EPA–HQ–OPP–2009–0842 for
methamidophos. 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 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
at https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either in the
electronic docket at 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
E:\FR\FM\22JYN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 139 (Wednesday, July 22, 2009)]
[Notices]
[Pages 36202-36204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17398]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0365; FRL-8425-4]
Azinphos-methyl; Notice of Receipt of Request for Label
Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA is seeking public comment on a June 18, 2009 request by
azinphos-methyl (AZM) registrants to amend their registrations to
change the rate reductions outlined in the November 16, 2006 final
decision for some of the remaining uses of AZM, and to extend the use
of aerial application on blueberries in Michigan through the end of the
AZM phase out in 2012. On November 16, 2006, EPA issued a final
decision to phase out all uses of AZM not later than September 30, 2012
and to require certain interim risk mitigation measures through label
changes. Risk mitigation measures in the final decision include buffer
zones around water bodies and occupied structures, application rate
reductions, and stewardship programs. The request by the registrants is
a request to change some of the rate reductions and certain application
practices that have been required through the end of the AZM phaseout;
the registrants have not requested to extend the use of AZM beyond the
September 30, 2012 cancellation date for the remaining uses of AZM.
DATES: Comments must be received on or before September 21, 2009.
ADDRESSES: Submit your comments identified by the docket identification
(ID) number EPA-HQ-OPP-2009-0365, 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 Facility'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 the docket ID number EPA-HQ-
OPP-2009-0365. 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 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 at https://www.regulations.gov. 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
[[Page 36203]]
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at 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: Tom Myers, Chemical Review Manager,
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, farm worker, 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 for AZM Label Amendments
AZM is an organophosphate insecticide that was first registered in
the United States in 1959. On November 16, 2006, EPA issued a
determination that due to farm worker and ecological risks all
remaining uses of AZM will be phased out by 2012. The AZM registrants,
at the request of EPA, submitted registration amendment and voluntary
cancellation requests to terminate certain uses in 2007 and 2009 and
cancel all remaining AZM product registrations in 2012, subject to
certain terms and conditions. A cancellation order for the remaining
uses of AZM was published in the Federal Register on February 20, 2008
(73 FR 9328) (FRL-8349-8). A correction of typographical errors in the
February 20, 2008 Federal Register notice was issued on March 26, 2008
(73 FR 16006) (FRL-8355-1). Subject to the terms and conditions
described in Unit II. of the February 20, 2008 notice, the AZM product
registrations were cancelled and amended as follows: Use of AZM
products on Brussels sprouts and nursery stock was prohibited as of
September 30, 2008. Use of AZM products on walnuts, almonds, and
pistachios is prohibited effective October 30, 2009. All AZM products
currently held by registrants are cancelled effective September 30,
2012 (ending use on apples/crabapples, blueberries, cherries, pears,
and parsley). In addition to the aforementioned use deletions and
product cancellations, the use of AZM was increasingly limited during
the phase out period through application rate reductions and other
label restrictions, including buffer zones around water bodies and
occupied structures. The application rate reductions required in the
AZM Final Decision document are located in Table 1.
Table 1.--Rate Reductions Required in the AZM Final Decision Document,
dated November 16, 2006.
------------------------------------------------------------------------
Crop Year Rate
------------------------------------------------------------------------
Apples, Crabapples 2007 4.0 lbs ai/A per
year
---------------------------------------
2008, 2009 3.0 lbs ai/A per
year
---------------------------------------
2010 2.0 lbs ai/A per
year
---------------------------------------
2011, 2012 1.5 lbs ai/A per
year
------------------------------------------------------------------------
Pears 2007, 2008 3.0 lbs ai/A per
year
---------------------------------------
2009, 2010 2.0 lbs ai/A per
year
---------------------------------------
2011, 2012 1.5 lbs ai/A per
year
------------------------------------------------------------------------
Cherries 2007, 2008, 2009 1.5 lbs ai/A per
year
---------------------------------------
2010, 2011, 2012 0.75 lbs ai/A per
year
------------------------------------------------------------------------
Blueberries 2007 1.5 lbs ai/A per
year
---------------------------------------
2008, 2009 1.25 lbs ai/A per
year
---------------------------------------
2010, 2011, 2012 0.75 lbs ai/A per
year
---------------------------------------
After September 30, 2009 aerial
application on blueberries is
prohibited.
------------------------------------------------------------------------
The additional label changes required are described in the document
``Final Decisions for the Remaining Uses of Azinphos-methyl, US EPA,
November 16, 2006,'' located in docket EPA-HQ-OPP-2005-0061.
[[Page 36204]]
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from registrants
to amend registrations to alter the rate reductions outlined in the
November 16, 2006 Final Decision for the Remaining Uses of AZM, and to
extend the use of aerial application on blueberries in Michigan through
the end of the AZM phase out. The registrants have requested that for
apples/crabapples, blueberries, cherries, and pears that growers be
allowed to use higher applications rates than originally required in
the Final Decision document of November 16, 2006. Additionally,
registrants have requested that the aerial use of AZM on blueberries,
currently scheduled to be prohibited starting January 1, 2010, be
allowed through the end of the phaseout (September 30, 2012). The
request by the registrants would change some of the rate reductions and
certain application practices that have been required through the end
of the AZM phaseout; the registrants have not requested to extend use
of AZM beyond the September 30, 2012 cancellation date for the
remaining uses of AZM. The changes requested by the registrants are
listed in the Table 2.
Table 2.--Requested AZM Label Changes as Described in the June 18, 2009
Registrant Submission
------------------------------------------------------------------------
Crop Year Rate
------------------------------------------------------------------------
Apples, Crabapples 2010, 2011, 2012 2.0 lbs ai/A per
year
------------------------------------------------------------------------
Pears 2010, 2011, 2012 2.0 lbs ai/A per
year
------------------------------------------------------------------------
Cherries 2010, 2011, 2012 1.5 lbs ai/A per
year
------------------------------------------------------------------------
Blueberries 2010, 2011, 2012 1.0 lbs ai/A per
year
---------------------------------------
Maintain aerial application on
blueberries through September 30,
2012.
------------------------------------------------------------------------
The Agency is requesting comment on the registrant submission to
amend registrations. The registrant request letter is in the docket for
comment, along with an EPA-produced document with considerations for
commenters on the registrant request. The Agency welcomes comments from
all stakeholders, as well as any new information on human health or
environmental risks not previously considered.
List of Subjects
Environmental protection, Pesticides and pests, Azinphos-methyl.
Dated: July 15, 2009.
Richard P. Keigwin, Jr.,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E9-17398 Filed 7-21-09; 8:45 am]
BILLING CODE 6560-50-S
